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Indiana

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: IN ST 9-21-17-21; 16-32-3-1 - 5; 22-9-6-5; 22-9-5-9.5; 22-9-5-20; 35-46-3-11.5; 3-11-9-5

Citation: I.C. 9-21-17-21; 16-32-3-1 - 5; 22-9-6-5; 22-9-5-9.5; 22-9-5-20; 35-46-3-11.5; 3-11-9-5


Last Checked by Web Center Staff: 12/2013

Summary:   These statutes comprise Indiana's assistance animal/guide dog laws.


Statute in Full:

West's Annotated Indiana Code. Title 35. Criminal Law and Procedure. Article 46. Miscellaneous Offenses. Chapter 3. Offenses Relating to Animals

35-46-3-11.5 Interference with or mistreatment of service animal; defenses

Title 9. Motor Vehicles. Article 21. Traffic Regulation. Chapter 17. Pedestrians.

9-21-17-21 Blind pedestrians; yield of right-of-way

Title 16. Health. Article 32. Persons with Disabilities. Chapter 3. Rights of Blind and Other Physically Disabled Persons.

16-32-3-1 Public policy

16-32-3-1.5 “Service animal” defined

16-32-3-2 Public accommodations; service animal

16-32-3-3 Offenses; failure to take precautions to avoid injury to blind pedestrian; unauthorized carrying of cane

16-32-3-4 White Cane Safety Day

16-32-3-5 Public employment; terms and conditions

Title 22. Labor and Safety. Article 9. Civil Rights.

Chapter 5. Employment Discrimination Against Disabled Persons

22-9-5-9.5 “Service animal” defined

22-9-5-20 Medical examinations and inquiries; permissibility and scope; disclosures; use of results; interference with use of service animal

Chapter 6. Equal Access to Housing for Persons with Disabilities.

22-9-6-5 Guide dogs not grounds for refusing to rent

Title 3. Elections. Article 11. Voting Methods, Supplies, and Equipment. Chapter 9. Assistance to Certain Voters

3-11-9-5 Service animals

 

 

Title 35. Criminal Law and Procedure. Article 46. Miscellaneous Offenses. Chapter 3. Offenses Relating to Animals

35-46-3-11.5 Interference with or mistreatment of service animal; defenses

<This version of section effective until July 1, 2014. See, also, version of this section effective July 1, 2014.>

Sec. 11.5. (a) As used in this section, “service animal” means an animal that a person who is impaired by:

(1) blindness or any other visual impairment;

(2) deafness or any other aural impairment;

(3) a physical disability; or

(4) a medical condition;

relies on for navigation, assistance in performing daily activities, or alert signals regarding the onset of the person's medical condition.

(b) A person who knowingly or intentionally:

(1) interferes with the actions of a service animal; or

(2) strikes, torments, injures, or otherwise mistreats a service animal;

while the service animal is engaged in assisting an impaired person described in subsection (a) commits a Class A misdemeanor.

(c) An offense under subsection (b)(2) is a Class D felony if the act results in the:

(1) serious permanent disfigurement;

(2) unconsciousness;

(3) permanent or protracted loss or impairment of the function of a bodily member or organ; or

(4) death;

of the service animal.

(d) It is a defense that the accused person:

(1) engaged in a reasonable act of training, handling, or disciplining the service animal; or

(2) reasonably believed the conduct was necessary to prevent injury to the accused person or another person.

CREDIT(S)

As added by P.L.143-1996, SEC.2. Amended by P.L.9-2003, SEC.4.

<This version of section effective July 1, 2014. See, also, version of this section effective until July 1, 2014.>

Sec. 11.5. (a) As used in this section, “service animal” means an animal that a person who is impaired by:

(1) blindness or any other visual impairment;

(2) deafness or any other aural impairment;

(3) a physical disability; or

(4) a medical condition;
relies on for navigation, assistance in performing daily activities, or alert signals regarding the onset of the person's medical condition.

(b) A person who knowingly or intentionally:

(1) interferes with the actions of a service animal; or

(2) strikes, torments, injures, or otherwise mistreats a service animal;
while the service animal is engaged in assisting an impaired person described in subsection (a) commits a Class A misdemeanor.

(c) An offense under subsection (b)(2) is a Level 6 felony if the act results in the:

(1) serious permanent disfigurement;

(2) unconsciousness;

(3) permanent or protracted loss or impairment of the function of a bodily member or organ; or

(4) death;
of the service animal.

(d) It is a defense that the accused person:

(1) engaged in a reasonable act of training, handling, or disciplining the service animal; or

(2) reasonably believed the conduct was necessary to prevent injury to the accused person or another person.

Credits
As added by P.L.143-1996, SEC.2. Amended by P.L.9-2003, SEC.4; P.L.158-2013, SEC.565, eff. July 1, 2014.
Title 9. Motor Vehicles. Article 21. Traffic Regulation. Chapter 17. Pedestrians.

9-21-17-21 Blind pedestrians; yield of right-of-way

Sec. 21. A person who drives a vehicle shall yield the right-of-way to a blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog.

CREDIT(S)

As added by P.L.2-1991, SEC.9.

 

Title 16. Health. Article 32. Persons with Disabilities. Chapter 3. Rights of Blind and Other Physically Disabled Persons.

16-32-3-1 Public policy

Sec. 1. It is the policy of this state to encourage and enable individuals who are blind, individuals with a visual disability, and other individuals with a physical or mental disability to participate fully in the social and economic life of the state and to engage in remunerative employment.

CREDIT(S)

As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.65, eff. May 6, 1993; P.L.99-2007, SEC.155, eff. May 2, 2007; P.L.155-2009, SEC.1.


16-32-3-1.5 “Service animal” defined

Sec. 1.5. As used in this chapter, “service animal” refers to an animal trained as:

(1) a hearing animal;

(2) a guide animal;

(3) an assistance animal;

(4) a seizure alert animal;

(5) a mobility animal;

(6) a psychiatric service animal; or

(7) an autism service animal.

CREDIT(S)

As added by P.L.155-2009, SEC.2.
 

16-32-3-2 Public accommodations; service animals

Sec. 2. (a) As used in this section, “public accommodation” means an establishment that caters or offers services, facilities, or goods to the general public. The term includes the following educational facilities:

(1) A nursery school.

(2) An elementary school.

(3) A secondary school.

(4) An undergraduate or postgraduate public or private institution.

(5) Other places of education.

(b) A person who:

(1) is totally or partially blind;

(2) is deaf or hard of hearing; or

(3) has a physical or mental disability;

is entitled to be accompanied by a service animal, especially trained for the purpose, in any public accommodation without being required to pay an extra charge for the service animal. However, the person is liable for any damage done to the accommodation by the service animal.

(c) A person who:

(1) refuses access to a public accommodation; or

(2) charges a fee for access to a public accommodation;

to a person who is totally or partially blind, who is deaf or hard of hearing, or who has a physical or mental disability, because that person is accompanied by a service animal commits a Class C infraction.

(d) A service animal trainer, while engaged in the training process of a service animal, is entitled to access to any public accommodation granted by this section.

CREDIT(S)

As added by P.L.2-1993, SEC.15. Amended by P.L.99-2007, SEC.156, eff. May 2, 2007; P.L.155-2009, SEC.3; P.L.109-2012, SEC.12.

 

16-32-3-3 Offenses; failure to take precautions to avoid injury to blind pedestrian; unauthorized carrying of cane

Sec. 3. (a) A person not totally blind who:

(1) approaches a totally or partially blind pedestrian carrying a cane predominantly white or metallic in color, with or without a red tip, or using a service animal; and

(2) fails to take all necessary precautions to avoid injury to the blind pedestrian;

commits a Class C infraction.

(b) A person not totally or partially blind who carries, in a public place, a cane or walking stick that is white and tipped with red commits a Class C infraction.

CREDIT(S)

As added by P.L.2-1993, SEC.15. Amended by P.L.155-2009, SEC.4.

 

16-32-3-4 White Cane Safety Day

Sec. 4. Each year the governor shall take suitable public notice of October 15 as “White Cane Safety Day”. The governor shall issue a proclamation in which the governor does the following:

(1) Comments upon the significance of the white cane.

(2) Calls upon the citizens of Indiana to observe the provisions of the white cane law and to take precautions necessary to the safety of individuals with a disability.

(3) Reminds the citizens of Indiana of the policies with respect to individuals with a disability and urges the citizens to cooperate in giving effect to the policies.

(4) Emphasizes the need of the citizens to do the following:

(A) Be aware of the presence of individuals with a disability in the community.

(B) Keep safe and functional for individuals with a disability the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement, and resort, and other places to which the public is invited.

(C) Offer assistance to individuals with a disability upon appropriate occasions.

CREDIT(S)

As added by P.L.2-1993, SEC.15. Amended by P.L.99-2007, SEC.157, eff. May 2, 2007.

 

16-32-3-5 Public employment; terms and conditions

Sec. 5. It is the policy of this state that individuals who are blind, individuals with a visual disability, and other individuals with a physical or mental disability shall be employed in:

(1) the state service;

(2) the service of the political subdivisions of the state;

(3) the public schools; and

(4) all other employment supported in whole or in part by public funds;

on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.

CREDIT(S)

As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.66; P.L.99-2007, SEC.158, eff. May 2, 2007; P.L.155-2009, SEC.5.

 

Title 22. Labor and Safety. Article 9. Civil Rights.

Chapter 5. Employment Discrimination Against Disabled Persons  

22-9-5-9.5 “Service animal” defined

Sec. 9.5. As used in this chapter, “service animal” refers to an animal trained as:

(1) a hearing animal;

(2) a guide animal;

(3) an assistance animal;

(4) a seizure alert animal;

(5) a mobility animal;

(6) a psychiatric service animal; or

(7) an autism service animal.

CREDIT(S)

As added by P.L.155-2009, SEC.6.

 

22-9-5-20 Medical examinations and inquiries; permissibility and scope; disclosures; use of results; interference with use of service animal

Sec. 20. (a) The prohibition against discrimination in section 19 of this chapter includes medical examinations and inquiries. Except as otherwise provided by this section, a covered entity may not conduct a medical examination or make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of a disability.

(b) A covered entity may make preemployment inquiries into the ability of an applicant to perform job related functions.

(c) A covered entity may require a medical examination after an offer of employment has been made to a job applicant and before the commencement of the employment duties of the applicant and may condition an offer of employment on the results of that examination if:

(1) all entering employees are subjected to the examination regardless of disability;

(2) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that:

(A) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;

(B) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and

(C) government officials investigating compliance with this chapter shall be provided relevant information on request; and

(3) the results of the examination are used only in accordance with this chapter.

(d) A covered entity may not require a medical examination and may not make inquiries of an employee as to whether the employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job related and consistent with business necessity.

(e) A covered entity may conduct voluntary medical examinations, including voluntary medical histories, that are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job related functions. Information obtained under this subsection is subject to the requirements of subsection (c)(2) and (c)(3).

(f) A covered entity may not interfere, directly or indirectly, with the use of an animal that has been or is being specially trained as a service animal.

(g) A covered entity may not refuse to permit an employee with a disability to keep a service animal with the employee at all times in the place of employment.

CREDIT(S)

As added by P.L.111-1992, SEC.4. Amended by P.L.155-2009, SEC.7.

 

 

Title 22. Labor and Safety. Article 9. Civil Rights. Chapter 6. Equal Access to Housing for Persons with Disabilities.

22-9-6-5 Guide dogs not grounds for refusing to rent

Sec. 5. A person renting, leasing, or providing real property for compensation shall not refuse to accept a person with a disability as a tenant due to the fact that the person with a disability has a guide dog that assists the person with a disability in overcoming a particular disability.

CREDIT(S)

As added by P.L.2-1993, SEC.132. Amended by P.L.23-1993, SEC.138.

 

Title 3. Elections. Article 11. Voting Methods, Supplies, and Equipment. Chapter 9. Assistance to Certain Voters

3-11-9-5 Service animals

Sec. 5. (a) As used in this section, “service animal” has the meaning set forth in IC 35-46-3-11.5.

(b) A voter who requires the assistance of a service animal is entitled to bring the animal into the polls and the voting booth.

CREDIT(S)

As added by P.L.66-2003, SEC.41.

 



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