Indiana 2022 Regular Session

Indiana House Bill HB1127 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1127
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-3-10; IC 5-2-1-9; IC 11-13-1-3.5;
7	7	IC 14-16-1-23; IC 31-30-1-4; IC 35-33-1-1; IC 35-47.
8	8	Synopsis: Constitutional carry. Repeals the law that requires a person
9	9	to obtain a license to carry a handgun in Indiana. Provides that a
10	10	nonresident of Indiana may carry a handgun in Indiana without
11	11	possessing a license or permit to carry a handgun from the person's
12	12	state of residence. Allows a member of the: (1) general assembly; (2)
13	13	general assembly's professional staff; or (3) lobby registration
14	14	commission; to possess a handgun on the Indiana government center
15	15	campus if the person is otherwise permitted to possess a handgun.
16	16	Allows a person who wishes to carry a handgun in another state under
17	17	a reciprocity agreement entered into by Indiana and the other state to
18	18	obtain a license to carry a handgun. Beginning July 1, 2022, permits a
19	19	person not otherwise prohibited from possessing a firearm under state
20	20	or federal law to possess a firearm on any property that is: (1) affiliated
21	21	with; (2) operated or managed by; (3) owned by; or (4) leased by; the
22	22	department of natural resources. Defines certain terms. Makes
23	23	conforming amendments.
24	24	Effective: Upon passage.
25	25	Jacob, Nisly, Payne, Jeter
26	26	January 4, 2022, read first time and referred to Committee on Public Policy.
27	27	2022 IN 1127—LS 6787/DI 144 Introduced
28	28	Second Regular Session of the 122nd General Assembly (2022)
29	29	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
30	30	Constitution) is being amended, the text of the existing provision will appear in this style type,
31	31	additions will appear in this style type, and deletions will appear in this style type.
32	32	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
33	33	provision adopted), the text of the new provision will appear in this style type. Also, the
34	34	word NEW will appear in that style type in the introductory clause of each SECTION that adds
35	35	a new provision to the Indiana Code or the Indiana Constitution.
36	36	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
37	37	between statutes enacted by the 2021 Regular Session of the General Assembly.
38	38	HOUSE BILL No. 1127
39	39	A BILL FOR AN ACT to amend the Indiana Code concerning
40	40	criminal law and procedure.
41	41	Be it enacted by the General Assembly of the State of Indiana:
42	42	1 SECTION 1. IC 2-3-10-1, AS ADDED BY P.L.181-2017,
43	43	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44	44	3 UPON PASSAGE]: Sec. 1. The following definitions apply throughout
45	45	4 this chapter:
46	46	5 (1) "Governing authority" means:
47	47	6 (A) the speaker of the house of representatives, with respect to
48	48	7 employees of the house of representatives;
49	49	8 (B) the president pro tempore of the senate, with respect to
50	50	9 employees of the senate;
51	51	10 (C) the legislative council, with respect to employees of the
52	52	11 legislative services agency; or
53	53	12 (D) the Indiana lobby registration commission established
54	54	13 under IC 2-7-1.6-1, with respect to employees of the Indiana
55	55	14 lobby registration commission.
56	56	15 (2) "Indiana government center campus" means the
57	57	16 following:
58	58	17 (A) The state capitol building.
59	59	2022 IN 1127—LS 6787/DI 144 2
60	60	1 (B) The Indiana government center-north.
61	61	2 (C) The Indiana government center-south.
62	62	3 (D) The state library.
63	63	4 (E) The Washington Street parking garage.
64	64	5 (F) The Senate Avenue parking garage.
65	65	6 (G) The Indiana government parking surface lot.
66	66	7 (H) The Indiana historical society building and parking lot.
67	67	8 (I) The land adjacent to the buildings described in clauses
68	68	9 (A) through (H) if owned and controlled by the state.
69	69	10 (2) (3) "Professional staff of the general assembly" means a
70	70	11 permanent employee of the house of representatives, senate,
71	71	12 Indiana lobby registration commission, or legislative services
72	72	13 agency whose primary function is:
73	73	14 (A) assisting members of the general assembly in
74	74	15 communicating with constituents and responding to
75	75	16 constituent concerns;
76	76	17 (B) advising members of the general assembly concerning the
77	77	18 preparation, analysis, fiscal impact, and policy implications of
78	78	19 proposed legislation;
79	79	20 (C) preparing, printing, distributing, editing, or revising
80	80	21 proposed legislation and amendments to proposed legislation;
81	81	22 (D) performing administrative and clerical functions necessary
82	82	23 to the operation of the general assembly, including providing
83	83	24 travel and payroll services;
84	84	25 (E) providing technology support to the general assembly or an
85	85	26 employee of the general assembly; or
86	86	27 (F) carrying out the duties of the Indiana lobby registration
87	87	28 commission.
88	88	29 The term includes officers of the house of representatives and of
89	89	30 the senate, and any person whose primary function is to supervise
90	90	31 a person described in clauses (A) through (E).
91	91	32 SECTION 2. IC 2-3-10-2, AS ADDED BY P.L.181-2017,
92	92	33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
93	93	34 UPON PASSAGE]: Sec. 2. A member of the general assembly who
94	94	35 (1) possesses a valid Indiana license to carry a handgun; and
95	95	36 (2) is otherwise permitted to possess a handgun
96	96	37 has the right to carry a handgun within the state capitol building and on
97	97	38 the property of the state capitol complex. Indiana government center
98	98	39 campus.
99	99	40 SECTION 3. IC 2-3-10-3, AS ADDED BY P.L.181-2017,
100	100	41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101	101	42 UPON PASSAGE]: Sec. 3. (a) Subject to governing authority rules and
102	102	2022 IN 1127—LS 6787/DI 144 3
103	103	1 policies concerning personnel practices, a member of the professional
104	104	2 staff of the general assembly who
105	105	3 (1) possesses a valid Indiana license to carry a handgun; and
106	106	4 (2) is otherwise permitted to possess a handgun
107	107	5 has the right to carry a handgun within the state capitol building and on
108	108	6 the property of the state capitol complex. Indiana government center
109	109	7 campus.
110	110	8 (b) A member of the Indiana lobby registration commission
111	111	9 established under IC 2-7-1.6-1 who
112	112	10 (1) possesses a valid Indiana license to carry a handgun; and
113	113	11 (2) is otherwise permitted to possess a handgun
114	114	12 has the right to carry a handgun within the state capitol building and on
115	115	13 the property of the state capitol complex. Indiana government center
116	116	14 campus.
117	117	15 SECTION 4. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
118	118	16 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
119	119	17 UPON PASSAGE]: Sec. 9. (a) The board shall adopt in accordance
120	120	18 with IC 4-22-2 all necessary rules to carry out the provisions of this
121	121	19 chapter. The rules, which shall be adopted only after necessary and
122	122	20 proper investigation and inquiry by the board, shall include the
123	123	21 establishment of the following:
124	124	22 (1) Minimum standards of physical, educational, mental, and
125	125	23 moral fitness which shall govern the acceptance of any person for
126	126	24 training by any law enforcement training school or academy
127	127	25 meeting or exceeding the minimum standards established
128	128	26 pursuant to this chapter.
129	129	27 (2) Minimum standards for law enforcement training schools
130	130	28 administered by towns, cities, counties, law enforcement training
131	131	29 centers, agencies, or departments of the state.
132	132	30 (3) Minimum standards for courses of study, attendance
133	133	31 requirements, equipment, and facilities for approved town, city,
134	134	32 county, and state law enforcement officer, police reserve officer,
135	135	33 and conservation reserve officer training schools.
136	136	34 (4) Minimum standards for a course of study on cultural diversity
137	137	35 awareness, including training on the U nonimmigrant visa created
138	138	36 through the federal Victims of Trafficking and Violence
139	139	37 Protection Act of 2000 (P.L. 106-386) that must be required for
140	140	38 each person accepted for training at a law enforcement training
141	141	39 school or academy. Cultural diversity awareness study must
142	142	40 include an understanding of cultural issues related to race,
143	143	41 religion, gender, age, domestic violence, national origin, and
144	144	42 physical and mental disabilities.
145	145	2022 IN 1127—LS 6787/DI 144 4
146	146	1 (5) Minimum qualifications for instructors at approved law
147	147	2 enforcement training schools.
148	148	3 (6) Minimum basic training requirements which law enforcement
149	149	4 officers appointed to probationary terms shall complete before
150	150	5 being eligible for continued or permanent employment.
151	151	6 (7) Minimum basic training requirements which law enforcement
152	152	7 officers appointed on other than a permanent basis shall complete
153	153	8 in order to be eligible for continued employment or permanent
154	154	9 appointment.
155	155	10 (8) Minimum basic training requirements which law enforcement
156	156	11 officers appointed on a permanent basis shall complete in order
157	157	12 to be eligible for continued employment.
158	158	13 (9) Minimum basic training requirements for each person
159	159	14 accepted for training at a law enforcement training school or
160	160	15 academy that include six (6) hours of training in interacting with:
161	161	16 (A) persons with autism, mental illness, addictive disorders,
162	162	17 intellectual disabilities, and developmental disabilities;
163	163	18 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
164	164	19 and
165	165	20 (C) persons with Alzheimer's disease or related senile
166	166	21 dementia;
167	167	22 to be provided by persons approved by the secretary of family and
168	168	23 social services and the board. The training must include an
169	169	24 overview of the crisis intervention teams.
170	170	25 (10) Minimum standards for a course of study on human and
171	171	26 sexual trafficking that must be required for each person accepted
172	172	27 for training at a law enforcement training school or academy and
173	173	28 for inservice training programs for law enforcement officers. The
174	174	29 course must cover the following topics:
175	175	30 (A) Examination of the human and sexual trafficking laws (IC
176	176	31 35-42-3.5).
177	177	32 (B) Identification of human and sexual trafficking.
178	178	33 (C) Communicating with traumatized persons.
179	179	34 (D) Therapeutically appropriate investigative techniques.
180	180	35 (E) Collaboration with federal law enforcement officials.
181	181	36 (F) Rights of and protections afforded to victims.
182	182	37 (G) Providing documentation that satisfies the Declaration of
183	183	38 Law Enforcement Officer for Victim of Trafficking in Persons
184	184	39 (Form I-914, Supplement B) requirements established under
185	185	40 federal law.
186	186	41 (H) The availability of community resources to assist human
187	187	42 and sexual trafficking victims.
188	188	2022 IN 1127—LS 6787/DI 144 5
189	189	1 (11) Minimum standards for ongoing specialized, intensive, and
190	190	2 integrative training for persons responsible for investigating
191	191	3 sexual assault cases involving adult victims. This training must
192	192	4 include instruction on:
193	193	5 (A) the neurobiology of trauma;
194	194	6 (B) trauma informed interviewing; and
195	195	7 (C) investigative techniques.
196	196	8 (12) Minimum standards for de-escalation training. De-escalation
197	197	9 training shall be taught as a part of existing use-of-force training
198	198	10 and not as a separate topic.
199	199	11 (b) A law enforcement officer appointed after July 5, 1972, and
200	200	12 before July 1, 1993, may not enforce the laws or ordinances of the state
201	201	13 or any political subdivision unless the officer has, within one (1) year
202	202	14 from the date of appointment, successfully completed the minimum
203	203	15 basic training requirements established under this chapter by the board.
204	204	16 If a person fails to successfully complete the basic training
205	205	17 requirements within one (1) year from the date of employment, the
206	206	18 officer may not perform any of the duties of a law enforcement officer
207	207	19 involving control or direction of members of the public or exercising
208	208	20 the power of arrest until the officer has successfully completed the
209	209	21 training requirements. This subsection does not apply to any law
210	210	22 enforcement officer appointed before July 6, 1972, or after June 30,
211	211	23 1993.
212	212	24 (c) Military leave or other authorized leave of absence from law
213	213	25 enforcement duty during the first year of employment after July 6,
214	214	26 1972, shall toll the running of the first year, which shall be calculated
215	215	27 by the aggregate of the time before and after the leave, for the purposes
216	216	28 of this chapter.
217	217	29 (d) Except as provided in subsections (e), (m), (t), and (u), a law
218	218	30 enforcement officer appointed to a law enforcement department or
219	219	31 agency after June 30, 1993, may not:
220	220	32 (1) make an arrest;
221	221	33 (2) conduct a search or a seizure of a person or property; or
222	222	34 (3) carry a firearm;
223	223	35 unless the law enforcement officer successfully completes, at a board
224	224	36 certified law enforcement academy or at a law enforcement training
225	225	37 center under section 10.5 or 15.2 of this chapter, the basic training
226	226	38 requirements established by the board under this chapter.
227	227	39 (e) This subsection does not apply to:
228	228	40 (1) a gaming agent employed as a law enforcement officer by the
229	229	41 Indiana gaming commission; or
230	230	42 (2) an:
231	231	2022 IN 1127—LS 6787/DI 144 6
232	232	1 (A) attorney; or
233	233	2 (B) investigator;
234	234	3 designated by the securities commissioner as a police officer of
235	235	4 the state under IC 23-19-6-1(k).
236	236	5 Before a law enforcement officer appointed after June 30, 1993,
237	237	6 completes the basic training requirements, the law enforcement officer
238	238	7 may exercise the police powers described in subsection (d) if the
239	239	8 officer successfully completes the pre-basic course established in
240	240	9 subsection (f). Successful completion of the pre-basic course authorizes
241	241	10 a law enforcement officer to exercise the police powers described in
242	242	11 subsection (d) for one (1) year after the date the law enforcement
243	243	12 officer is appointed.
244	244	13 (f) The board shall adopt rules under IC 4-22-2 to establish a
245	245	14 pre-basic course for the purpose of training:
246	246	15 (1) law enforcement officers;
247	247	16 (2) police reserve officers (as described in IC 36-8-3-20); and
248	248	17 (3) conservation reserve officers (as described in IC 14-9-8-27);
249	249	18 regarding the subjects of arrest, search and seizure, the lawful use of
250	250	19 force, de-escalation training, interacting with individuals with autism,
251	251	20 and the operation of an emergency vehicle. The pre-basic course must
252	252	21 be offered on a periodic basis throughout the year at regional sites
253	253	22 statewide. The pre-basic course must consist of at least forty (40) hours
254	254	23 of course work. The board may prepare the classroom part of the
255	255	24 pre-basic course using available technology in conjunction with live
256	256	25 instruction. The board shall provide the course material, the instructors,
257	257	26 and the facilities at the regional sites throughout the state that are used
258	258	27 for the pre-basic course. In addition, the board may certify pre-basic
259	259	28 courses that may be conducted by other public or private training
260	260	29 entities, including postsecondary educational institutions.
261	261	30 (g) Subject to subsection (h), the board shall adopt rules under
262	262	31 IC 4-22-2 to establish a mandatory inservice training program for
263	263	32 police officers and police reserve officers (as described in
264	264	33 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
265	265	34 satisfactorily completed basic training and has been appointed to a law
266	266	35 enforcement department or agency on either a full-time or part-time
267	267	36 basis is not eligible for continued employment unless the officer
268	268	37 satisfactorily completes the mandatory inservice training requirements
269	269	38 established by rules adopted by the board. Inservice training must
270	270	39 include de-escalation training. Inservice training must also include
271	271	40 training in interacting with persons with mental illness, addictive
272	272	41 disorders, intellectual disabilities, autism, developmental disabilities,
273	273	42 and Alzheimer's disease or related senile dementia, to be provided by
274	274	2022 IN 1127—LS 6787/DI 144 7
275	275	1 persons approved by the secretary of family and social services and the
276	276	2 board, and training concerning human and sexual trafficking and high
277	277	3 risk missing persons (as defined in IC 5-2-17-1). The board may
278	278	4 approve courses offered by other public or private training entities,
279	279	5 including postsecondary educational institutions, as necessary in order
280	280	6 to ensure the availability of an adequate number of inservice training
281	281	7 programs. The board may waive an officer's inservice training
282	282	8 requirements if the board determines that the officer's reason for
283	283	9 lacking the required amount of inservice training hours is due to either
284	284	10 an emergency situation or the unavailability of courses.
285	285	11 (h) This subsection applies only to a mandatory inservice training
286	286	12 program under subsection (g). Notwithstanding subsection (g), the
287	287	13 board may, without adopting rules under IC 4-22-2, modify the course
288	288	14 work of a training subject matter, modify the number of hours of
289	289	15 training required within a particular subject matter, or add a new
290	290	16 subject matter, if the board satisfies the following requirements:
291	291	17 (1) The board must conduct at least two (2) public meetings on
292	292	18 the proposed modification or addition.
293	293	19 (2) After approving the modification or addition at a public
294	294	20 meeting, the board must post notice of the modification or
295	295	21 addition on the Indiana law enforcement academy's Internet web
296	296	22 site at least thirty (30) days before the modification or addition
297	297	23 takes effect.
298	298	24 If the board does not satisfy the requirements of this subsection, the
299	299	25 modification or addition is void. This subsection does not authorize the
300	300	26 board to eliminate any inservice training subject matter required under
301	301	27 subsection (g).
302	302	28 (i) The board shall also adopt rules establishing a town marshal
303	303	29 basic training program, subject to the following:
304	304	30 (1) The program must require fewer hours of instruction and class
305	305	31 attendance and fewer courses of study than are required for the
306	306	32 mandated basic training program.
307	307	33 (2) Certain parts of the course materials may be studied by a
308	308	34 candidate at the candidate's home in order to fulfill requirements
309	309	35 of the program.
310	310	36 (3) Law enforcement officers successfully completing the
311	311	37 requirements of the program are eligible for appointment only in
312	312	38 towns employing the town marshal system (IC 36-5-7) and having
313	313	39 not more than one (1) marshal and two (2) deputies.
314	314	40 (4) The limitation imposed by subdivision (3) does not apply to an
315	315	41 officer who has successfully completed the mandated basic
316	316	42 training program.
317	317	2022 IN 1127—LS 6787/DI 144 8
318	318	1 (5) The time limitations imposed by subsections (b) and (c) for
319	319	2 completing the training are also applicable to the town marshal
320	320	3 basic training program.
321	321	4 (6) The program must require training in interacting with
322	322	5 individuals with autism.
323	323	6 (j) The board shall adopt rules under IC 4-22-2 to establish an
324	324	7 executive training program. The executive training program must
325	325	8 include training in the following areas:
326	326	9 (1) Liability.
327	327	10 (2) Media relations.
328	328	11 (3) Accounting and administration.
329	329	12 (4) Discipline.
330	330	13 (5) Department policy making.
331	331	14 (6) Lawful use of force and de-escalation training.
332	332	15 (7) Department programs.
333	333	16 (8) Emergency vehicle operation.
334	334	17 (9) Cultural diversity.
335	335	18 (k) A police chief shall apply for admission to the executive training
336	336	19 program within two (2) months of the date the police chief initially
337	337	20 takes office. A police chief must successfully complete the executive
338	338	21 training program within six (6) months of the date the police chief
339	339	22 initially takes office. However, if space in the executive training
340	340	23 program is not available at a time that will allow completion of the
341	341	24 executive training program within six (6) months of the date the police
342	342	25 chief initially takes office, the police chief must successfully complete
343	343	26 the next available executive training program that is offered after the
344	344	27 police chief initially takes office.
345	345	28 (l) A police chief who fails to comply with subsection (k) may not
346	346	29 continue to serve as the police chief until completion of the executive
347	347	30 training program. For the purposes of this subsection and subsection
348	348	31 (k), "police chief" refers to:
349	349	32 (1) the police chief of any city;
350	350	33 (2) the police chief of any town having a metropolitan police
351	351	34 department; and
352	352	35 (3) the chief of a consolidated law enforcement department
353	353	36 established under IC 36-3-1-5.1.
354	354	37 A town marshal is not considered to be a police chief for these
355	355	38 purposes, but a town marshal may enroll in the executive training
356	356	39 program.
357	357	40 (m) A fire investigator in the department of homeland security
358	358	41 appointed after December 31, 1993, is required to comply with the
359	359	42 basic training standards established under this chapter.
360	360	2022 IN 1127—LS 6787/DI 144 9
361	361	1 (n) The board shall adopt rules under IC 4-22-2 to establish a
362	362	2 program to certify handgun safety courses, including courses offered
363	363	3 in the private sector, that meet standards approved by the board for
364	364	4 training probation officers in handgun safety as required by
365	365	5 IC 11-13-1-3.5(3). IC 11-13-1-3.5(2).
366	366	6 (o) The board shall adopt rules under IC 4-22-2 to establish a
367	367	7 refresher course for an officer who:
368	368	8 (1) is hired by an Indiana law enforcement department or agency
369	369	9 as a law enforcement officer;
370	370	10 (2) has not been employed as a law enforcement officer for:
371	371	11 (A) at least two (2) years; and
372	372	12 (B) less than six (6) years before the officer is hired under
373	373	13 subdivision (1); and
374	374	14 (3) completed at any time a basic training course certified or
375	375	15 recognized by the board before the officer is hired under
376	376	16 subdivision (1).
377	377	17 (p) An officer to whom subsection (o) applies must successfully
378	378	18 complete the refresher course described in subsection (o) not later than
379	379	19 six (6) months after the officer's date of hire, or the officer loses the
380	380	20 officer's powers of:
381	381	21 (1) arrest;
382	382	22 (2) search; and
383	383	23 (3) seizure.
384	384	24 (q) The board shall adopt rules under IC 4-22-2 to establish a
385	385	25 refresher course for an officer who:
386	386	26 (1) is appointed by an Indiana law enforcement department or
387	387	27 agency as a reserve police officer; and
388	388	28 (2) has not worked as a reserve police officer for at least two (2)
389	389	29 years after:
390	390	30 (A) completing the pre-basic course; or
391	391	31 (B) leaving the individual's last appointment as a reserve
392	392	32 police officer.
393	393	33 An officer to whom this subsection applies must successfully complete
394	394	34 the refresher course established by the board in order to work as a
395	395	35 reserve police officer.
396	396	36 (r) This subsection applies to an individual who, at the time the
397	397	37 individual completes a board certified or recognized basic training
398	398	38 course, has not been appointed as a law enforcement officer by an
399	399	39 Indiana law enforcement department or agency. If the individual is not
400	400	40 employed as a law enforcement officer for at least two (2) years after
401	401	41 completing the basic training course, the individual must successfully
402	402	42 retake and complete the basic training course as set forth in subsection
403	403	2022 IN 1127—LS 6787/DI 144 10
404	404	1 (d).
405	405	2 (s) The board shall adopt rules under IC 4-22-2 to establish a
406	406	3 refresher course for an individual who:
407	407	4 (1) is appointed as a board certified instructor of law enforcement
408	408	5 training; and
409	409	6 (2) has not provided law enforcement training instruction for
410	410	7 more than one (1) year after the date the individual's instructor
411	411	8 certification expired.
412	412	9 An individual to whom this subsection applies must successfully
413	413	10 complete the refresher course established by the board in order to
414	414	11 renew the individual's instructor certification.
415	415	12 (t) This subsection applies only to a gaming agent employed as a
416	416	13 law enforcement officer by the Indiana gaming commission. A gaming
417	417	14 agent appointed after June 30, 2005, may exercise the police powers
418	418	15 described in subsection (d) if:
419	419	16 (1) the agent successfully completes the pre-basic course
420	420	17 established in subsection (f); and
421	421	18 (2) the agent successfully completes any other training courses
422	422	19 established by the Indiana gaming commission in conjunction
423	423	20 with the board.
424	424	21 (u) This subsection applies only to a securities enforcement officer
425	425	22 designated as a law enforcement officer by the securities
426	426	23 commissioner. A securities enforcement officer may exercise the police
427	427	24 powers described in subsection (d) if:
428	428	25 (1) the securities enforcement officer successfully completes the
429	429	26 pre-basic course established in subsection (f); and
430	430	27 (2) the securities enforcement officer successfully completes any
431	431	28 other training courses established by the securities commissioner
432	432	29 in conjunction with the board.
433	433	30 (v) As used in this section, "upper level policymaking position"
434	434	31 refers to the following:
435	435	32 (1) If the authorized size of the department or town marshal
436	436	33 system is not more than ten (10) members, the term refers to the
437	437	34 position held by the police chief or town marshal.
438	438	35 (2) If the authorized size of the department or town marshal
439	439	36 system is more than ten (10) members but less than fifty-one (51)
440	440	37 members, the term refers to:
441	441	38 (A) the position held by the police chief or town marshal; and
442	442	39 (B) each position held by the members of the police
443	443	40 department or town marshal system in the next rank and pay
444	444	41 grade immediately below the police chief or town marshal.
445	445	42 (3) If the authorized size of the department or town marshal
446	446	2022 IN 1127—LS 6787/DI 144 11
447	447	1 system is more than fifty (50) members, the term refers to:
448	448	2 (A) the position held by the police chief or town marshal; and
449	449	3 (B) each position held by the members of the police
450	450	4 department or town marshal system in the next two (2) ranks
451	451	5 and pay grades immediately below the police chief or town
452	452	6 marshal.
453	453	7 (w) This subsection applies only to a correctional police officer
454	454	8 employed by the department of correction. A correctional police officer
455	455	9 may exercise the police powers described in subsection (d) if:
456	456	10 (1) the officer successfully completes the pre-basic course
457	457	11 described in subsection (f); and
458	458	12 (2) the officer successfully completes any other training courses
459	459	13 established by the department of correction in conjunction with
460	460	14 the board.
461	461	15 (x) This subsection applies only to the sexual assault training
462	462	16 described in subsection (a)(11). The board shall:
463	463	17 (1) consult with experts on the neurobiology of trauma, trauma
464	464	18 informed interviewing, and investigative techniques in developing
465	465	19 the sexual assault training; and
466	466	20 (2) develop the sexual assault training and begin offering the
467	467	21 training not later than July 1, 2022.
468	468	22 (y) After July 1, 2023, a law enforcement officer who regularly
469	469	23 investigates sexual assaults involving adult victims must complete the
470	470	24 training requirements described in subsection (a)(11) within one (1)
471	471	25 year of being assigned to regularly investigate sexual assaults involving
472	472	26 adult victims.
473	473	27 (z) A law enforcement officer who regularly investigates sexual
474	474	28 assaults involving adult victims may complete the training
475	475	29 requirements described in subsection (a)(11) by attending a:
476	476	30 (1) statewide or national training; or
477	477	31 (2) department hosted local training.
478	478	32 (aa) Notwithstanding any other provisions of this section, the board
479	479	33 is authorized to establish certain required standards of training and
480	480	34 procedure.
481	481	35 SECTION 5. IC 11-13-1-3.5, AS AMENDED BY P.L.4-2017,
482	482	36 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
483	483	37 UPON PASSAGE]: Sec. 3.5. A probation officer may not carry a
484	484	38 handgun as described in IC 35-47-2-1 in any vehicle or on or about
485	485	39 the probation officer's body while acting in the scope of employment
486	486	40 as a probation officer unless all of the following conditions are met:
487	487	41 (1) The appointing court enters an order authorizing the probation
488	488	42 officer to carry the handgun while on duty.
489	489	2022 IN 1127—LS 6787/DI 144 12
490	490	1 (2) The probation officer is issued a license to carry the handgun
491	491	2 under IC 35-47-2.
492	492	3 (3) (2) The probation officer successfully completes a handgun
493	493	4 safety course certified by the law enforcement training board
494	494	5 under IC 5-2-1-9(n).
495	495	6 SECTION 6. IC 14-16-1-23, AS AMENDED BY P.L.35-2011,
496	496	7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
497	497	8 UPON PASSAGE]: Sec. 23. (a) An individual shall not operate a
498	498	9 vehicle under any of the following conditions:
499	499	10 (1) At a rate of speed greater than is reasonable and proper having
500	500	11 due regard for existing conditions or in a manner that
501	501	12 unnecessarily endangers the person or property of another.
502	502	13 (2) While:
503	503	14 (A) under the influence of an alcoholic beverage; or
504	504	15 (B) unlawfully under the influence of a narcotic or other habit
505	505	16 forming or dangerous depressant or stimulant drug.
506	506	17 (3) During the hours from thirty (30) minutes after sunset to thirty
507	507	18 (30) minutes before sunrise without displaying a lighted headlight
508	508	19 and a lighted taillight.
509	509	20 (4) In a forest nursery, a planting area, or public land posted or
510	510	21 reasonably identified as an area of forest or plant reproduction
511	511	22 and when growing stock may be damaged.
512	512	23 (5) On the frozen surface of public waters within:
513	513	24 (A) one hundred (100) feet of an individual not in or upon a
514	514	25 vehicle; or
515	515	26 (B) one hundred (100) feet of a fishing shanty or shelter;
516	516	27 except at a speed of not more than five (5) miles per hour.
517	517	28 (6) Unless the vehicle is equipped with a muffler in good working
518	518	29 order and in constant operation to prevent excessive or unusual
519	519	30 noise and annoying smoke.
520	520	31 (7) Within one hundred (100) feet of a dwelling between midnight
521	521	32 and 6:00 a.m., except on the individual's own property or property
522	522	33 under the individual's control or as an invited guest.
523	523	34 (8) On any property without the consent of the landowner or
524	524	35 tenant.
525	525	36 (9) While transporting on or in the vehicle a firearm, unless the
526	526	37 firearm is:
527	527	38 (A) unloaded; and
528	528	39 (B) securely encased or equipped with and made inoperative
529	529	40 by a manufactured keylocked trigger housing mechanism.
530	530	41 (10) On or across a cemetery or burial ground.
531	531	42 (11) Within one hundred (100) feet of a slide, ski, or skating area,
532	532	2022 IN 1127—LS 6787/DI 144 13
533	533	1 except for the purpose of servicing the area.
534	534	2 (12) On a railroad track or railroad right-of-way, except railroad
535	535	3 personnel in the performance of duties.
536	536	4 (13) In or upon a flowing river, stream, or creek, except for the
537	537	5 purpose of crossing by the shortest possible route, unless the
538	538	6 river, stream, or creek is of sufficient water depth to permit
539	539	7 movement by flotation of the vehicle at all times.
540	540	8 (14) An individual shall not operate a vehicle while a bow is
541	541	9 present in or on the vehicle if the nock of an arrow is in position
542	542	10 on the string of the bow.
543	543	11 (b) Subsection (a)(9) does not apply to a person who is carrying a
544	544	12 firearm:
545	545	13 (1) if
546	546	14 (A) the firearm is a handgun; and
547	547	15 (B) the person has been issued an unlimited handgun license
548	548	16 to carry a handgun under IC 35-47-2;
549	549	17 (2) if
550	550	18 (A) the firearm is a handgun; and
551	551	19 (B) the person is not required to possess a license to carry a
552	552	20 handgun under IC 35-47-2-2; or
553	553	21 (3) if the person carrying the firearm is operating the vehicle on
554	554	22 property that the person:
555	555	23 (A) owns;
556	556	24 (B) has a contractual interest in;
557	557	25 (C) otherwise legally possesses; or
558	558	26 (D) has permission from a person described in clauses (A)
559	559	27 through (C) to possess a firearm on.
560	560	28 SECTION 7. IC 31-30-1-4, AS AMENDED BY P.L.28-2016,
561	561	29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
562	562	30 UPON PASSAGE]: Sec. 4. (a) The juvenile court does not have
563	563	31 jurisdiction over an individual for an alleged violation of:
564	564	32 (1) IC 35-41-5-1(a) (attempted murder);
565	565	33 (2) IC 35-42-1-1 (murder);
566	566	34 (3) IC 35-42-3-2 (kidnapping);
567	567	35 (4) IC 35-42-4-1 (rape);
568	568	36 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
569	569	37 (6) IC 35-42-5-1 (robbery) if:
570	570	38 (A) the robbery was committed while armed with a deadly
571	571	39 weapon; or
572	572	40 (B) the robbery results in bodily injury or serious bodily
573	573	41 injury;
574	574	42 (7) IC 35-42-5-2 (carjacking) (before its repeal);
575	575	2022 IN 1127—LS 6787/DI 144 14
576	576	1 (8) IC 35-47-2-1 (carrying a handgun without a license), if
577	577	2 charged as a felony;
578	578	3 (9) (8) IC 35-47-10 (children and firearms), if charged as a felony;
579	579	4 or
580	580	5 (10) (9) any offense that may be joined under IC 35-34-1-9(a)(2)
581	581	6 with any crime listed in this subsection;
582	582	7 if the individual was at least sixteen (16) years of age but less than
583	583	8 eighteen (18) years of age at the time of the alleged violation.
584	584	9 (b) Once an individual described in subsection (a) has been charged
585	585	10 with any offense listed in subsection (a), the court having adult
586	586	11 criminal jurisdiction shall retain jurisdiction over the case if the
587	587	12 individual pleads guilty to or is convicted of any offense listed in
588	588	13 subsection (a)(1) through (a)(9). (a)(8).
589	589	14 (c) If:
590	590	15 (1) an individual described in subsection (a) is charged with one
591	591	16 (1) or more offenses listed in subsection (a);
592	592	17 (2) all the charges under subsection (a)(1) through (a)(9) (a)(8)
593	593	18 resulted in an acquittal or were dismissed; and
594	594	19 (3) the individual pleads guilty to or is convicted of any offense
595	595	20 other than an offense listed in subsection (a)(1) through (a)(9);
596	596	21 (a)(8);
597	597	22 the court having adult criminal jurisdiction may withhold judgment and
598	598	23 transfer jurisdiction to the juvenile court for adjudication and
599	599	24 disposition. In determining whether to transfer jurisdiction to the
600	600	25 juvenile court for adjudication and disposition, the court having adult
601	601	26 criminal jurisdiction shall consider whether there are appropriate
602	602	27 services available in the juvenile justice system, whether the child is
603	603	28 amenable to rehabilitation under the juvenile justice system, and
604	604	29 whether it is in the best interests of the safety and welfare of the
605	605	30 community that the child be transferred to juvenile court. All orders
606	606	31 concerning release conditions remain in effect until a juvenile court
607	607	32 detention hearing, which must be held not later than forty-eight (48)
608	608	33 hours, excluding Saturdays, Sundays, and legal holidays, after the order
609	609	34 of transfer of jurisdiction.
610	610	35 SECTION 8. IC 35-33-1-1, AS AMENDED BY P.L.65-2016,
611	611	36 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
612	612	37 UPON PASSAGE]: Sec. 1. (a) A law enforcement officer may arrest
613	613	38 a person when the officer has:
614	614	39 (1) a warrant commanding that the person be arrested;
615	615	40 (2) probable cause to believe the person has committed or
616	616	41 attempted to commit, or is committing or attempting to commit,
617	617	42 a felony;
618	618	2022 IN 1127—LS 6787/DI 144 15
619	619	1 (3) probable cause to believe the person has violated the
620	620	2 provisions of IC 9-26-1-1.1 or IC 9-30-5;
621	621	3 (4) probable cause to believe the person is committing or
622	622	4 attempting to commit a misdemeanor in the officer's presence;
623	623	5 (5) probable cause to believe the person has committed a:
624	624	6 (A) battery resulting in bodily injury under IC 35-42-2-1; or
625	625	7 (B) domestic battery under IC 35-42-2-1.3.
626	626	8 The officer may use an affidavit executed by an individual alleged
627	627	9 to have direct knowledge of the incident alleging the elements of
628	628	10 the offense of battery to establish probable cause;
629	629	11 (6) probable cause to believe that the person violated
630	630	12 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
631	631	13 (7) probable cause to believe that the person violated
632	632	14 IC 35-47-2-1 (carrying a handgun without a license) or
633	633	15 IC 35-47-2-22 (counterfeit handgun license);
634	634	16 (8) probable cause to believe that the person is violating or has
635	635	17 violated an order issued under IC 35-50-7;
636	636	18 (9) probable cause to believe that the person is violating or has
637	637	19 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
638	638	20 device);
639	639	21 (10) probable cause to believe that the person is:
640	640	22 (A) violating or has violated IC 35-45-2-5 (interference with
641	641	23 the reporting of a crime); and
642	642	24 (B) interfering with or preventing the reporting of a crime
643	643	25 involving domestic or family violence (as defined in
644	644	26 IC 34-6-2-34.5);
645	645	27 (11) probable cause to believe that the person has committed theft
646	646	28 (IC 35-43-4-2);
647	647	29 (12) a removal order issued for the person by an immigration
648	648	30 court;
649	649	31 (13) a detainer or notice of action for the person issued by the
650	650	32 United States Department of Homeland Security; or
651	651	33 (14) probable cause to believe that the person has been indicted
652	652	34 for or convicted of one (1) or more aggravated felonies (as
653	653	35 defined in 8 U.S.C. 1101(a)(43)).
654	654	36 (b) A person who:
655	655	37 (1) is employed full time as a federal enforcement officer;
656	656	38 (2) is empowered to effect an arrest with or without warrant for a
657	657	39 violation of the United States Code; and
658	658	40 (3) is authorized to carry firearms in the performance of the
659	659	41 person's duties;
660	660	42 may act as an officer for the arrest of offenders against the laws of this
661	661	2022 IN 1127—LS 6787/DI 144 16
662	662	1 state where the person reasonably believes that a felony has been or is
663	663	2 about to be committed or attempted in the person's presence.
664	664	3 SECTION 9. IC 35-47-2-0.5 IS ADDED TO THE INDIANA CODE
665	665	4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
666	666	5 UPON PASSAGE]: Sec. 0.5. This chapter may not be construed:
667	667	6 (1) to prohibit a person who owns, leases, rents, or otherwise
668	668	7 legally controls private property from regulating or
669	669	8 prohibiting the possession of firearms on the private
670	670	9 property;
671	671	10 (2) to allow a person to adopt or enforce an ordinance,
672	672	11 resolution, policy, or rule that:
673	673	12 (A) prohibits; or
674	674	13 (B) has the effect of prohibiting;
675	675	14 an employee of the person from possessing a firearm or
676	676	15 ammunition that is locked in the trunk of the employee's
677	677	16 vehicle, kept in the glove compartment of the employee's
678	678	17 locked vehicle, or stored out of plain sight in the employee's
679	679	18 locked vehicle, unless the person's adoption or enforcement of
680	680	19 the ordinance, resolution, policy, or rule is allowed under
681	681	20 IC 34-28-7-2(b); or
682	682	21 (3) to allow a person to adopt or enforce a law, statute,
683	683	22 ordinance, resolution, policy, or rule that allows a person to
684	684	23 possess or transport a firearm or ammunition if the person is
685	685	24 prohibited from possessing or transporting the firearm or
686	686	25 ammunition by state or federal law.
687	687	26 SECTION 10. IC 35-47-2-1, AS AMENDED BY P.L.221-2017,
688	688	27 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
689	689	28 UPON PASSAGE]: Sec. 1. (a) Except as provided in subsections (b)
690	690	29 and (c) and sections 2 through 2.1 of this chapter, a person shall not
691	691	30 carry a handgun in any vehicle or on or about the person's body without
692	692	31 being licensed under this chapter to carry a handgun.
693	693	32 (b) Except as provided in subsection (c), a person may carry a
694	694	33 handgun without being licensed under this chapter to carry a handgun
695	695	34 if:
696	696	35 (1) the person carries the handgun on or about the person's body
697	697	36 in or on property that is owned, leased, rented, or otherwise
698	698	37 legally controlled by the person;
699	699	38 (2) the person carries the handgun on or about the person's body
700	700	39 while lawfully present in or on property that is owned, leased,
701	701	40 rented, or otherwise legally controlled by another person, if the
702	702	41 person:
703	703	42 (A) has the consent of the owner, renter, lessor, or person who
704	704	2022 IN 1127—LS 6787/DI 144 17
705	705	1 legally controls the property to have the handgun on the
706	706	2 premises;
707	707	3 (B) is attending a firearms related event on the property,
708	708	4 including a gun show, firearms expo, gun owner's club or
709	709	5 convention, hunting club, shooting club, or training course; or
710	710	6 (C) is on the property to receive firearms related services,
711	711	7 including the repair, maintenance, or modification of a
712	712	8 firearm;
713	713	9 (3) the person carries the handgun in a vehicle that is owned,
714	714	10 leased, rented, or otherwise legally controlled by the person, if the
715	715	11 handgun is:
716	716	12 (A) unloaded;
717	717	13 (B) not readily accessible; and
718	718	14 (C) secured in a case;
719	719	15 (4) the person carries the handgun while lawfully present in a
720	720	16 vehicle that is owned, leased, rented, or otherwise legally
721	721	17 controlled by another person, if the handgun is:
722	722	18 (A) unloaded;
723	723	19 (B) not readily accessible; and
724	724	20 (C) secured in a case;
725	725	21 (5) the person carries the handgun:
726	726	22 (A) at a shooting range (as defined in IC 14-22-31.5-3);
727	727	23 (B) while attending a firearms instructional course; or
728	728	24 (C) while engaged in a legal hunting activity; or
729	729	25 (6) the person is permitted to carry a handgun without a license
730	730	26 under section 2.1 of this chapter (persons protected by a
731	731	27 protection order).
732	732	28 (c) (a) Unless the person's right to possess a firearm has been
733	733	29 restored under IC 35-47-4-7, a person who has been convicted of
734	734	30 domestic battery under IC 35-42-2-1.3 may not possess or carry a
735	735	31 handgun.
736	736	32 (d) This section may not be construed:
737	737	33 (1) to prohibit a person who owns, leases, rents, or otherwise
738	738	34 legally controls private property from regulating or prohibiting the
739	739	35 possession of firearms on the private property;
740	740	36 (2) to allow a person to adopt or enforce an ordinance, resolution,
741	741	37 policy, or rule that:
742	742	38 (A) prohibits; or
743	743	39 (B) has the effect of prohibiting;
744	744	40 an employee of the person from possessing a firearm or
745	745	41 ammunition that is locked in the trunk of the employee's vehicle,
746	746	42 kept in the glove compartment of the employee's locked vehicle,
747	747	2022 IN 1127—LS 6787/DI 144 18
748	748	1 or stored out of plain sight in the employee's locked vehicle,
749	749	2 unless the person's adoption or enforcement of the ordinance,
750	750	3 resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
751	751	4 (3) to allow a person to adopt or enforce a law, statute, ordinance,
752	752	5 resolution, policy, or rule that allows a person to possess or
753	753	6 transport a firearm or ammunition if the person is prohibited from
754	754	7 possessing or transporting the firearm or ammunition by state or
755	755	8 federal law.
756	756	9 (e) (b) A person who knowingly or intentionally violates this section
757	757	10 commits a Class A misdemeanor. However, the offense is a Level 5
758	758	11 felony:
759	759	12 (1) if the offense is committed:
760	760	13 (A) on or in school property;
761	761	14 (B) within five hundred (500) feet of school property; or
762	762	15 (C) on a school bus; or
763	763	16 (2) if the person:
764	764	17 (A) has a prior conviction of any the offense under
765	765	18 (i) this section; or
766	766	19 (ii) section 22 of this chapter; or
767	767	20 (B) has been convicted of a felony within fifteen (15) years
768	768	21 before the date of the offense.
769	769	22 SECTION 11. IC 35-47-2-2.1 IS REPEALED [EFFECTIVE UPON
770	770	23 PASSAGE]. Sec. 2.1. (a) As used in this section, "protection order"
771	771	24 means a civil protection order issued under IC 34-26-5.
772	772	25 (b) A person may carry a handgun without a license if the person:
773	773	26 (1) has applied for a license to carry a handgun as described in
774	774	27 IC 35-47-2-3;
775	775	28 (2) is protected by a protection order;
776	776	29 (3) is at least eighteen (18) years of age; and
777	777	30 (4) is not otherwise barred by state or federal law from possessing
778	778	31 a handgun;
779	779	32 during the period described in subsection (c).
780	780	33 (c) A person described in subsection (b) may carry a handgun
781	781	34 without a license for a period ending sixty (60) days after the date the
782	782	35 protection order is issued.
783	783	36 SECTION 12. IC 35-47-2-3, AS AMENDED BY P.L.165-2021,
784	784	37 SECTION 196, IS AMENDED TO READ AS FOLLOWS
785	785	38 [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) A person desiring a
786	786	39 license to carry a handgun shall apply: who is not prohibited from
787	787	40 carrying or possessing a firearm under state or federal law is not
788	788	41 required to obtain or possess a license from the state of Indiana in
789	789	42 order to carry a handgun in Indiana. A nonresident of Indiana is
790	790	2022 IN 1127—LS 6787/DI 144 19
791	791	1 not required to possess a license or permit to carry a handgun from
792	792	2 the person's state of residence in order to carry a handgun in
793	793	3 Indiana. A resident of this state who wishes to carry a handgun in
794	794	4 another state under a reciprocity agreement entered into by this
795	795	5 state and another state may obtain a license to carry a handgun
796	796	6 under this chapter by applying:
797	797	7 (1) to the chief of police or corresponding law enforcement officer
798	798	8 of the municipality in which the applicant resides;
799	799	9 (2) if that municipality has no such officer, or if the applicant does
800	800	10 not reside in a municipality, to the sheriff of the county in which
801	801	11 the applicant resides after the applicant has obtained an
802	802	12 application form prescribed by the superintendent; or
803	803	13 (3) if the applicant is a resident of another state and has a regular
804	804	14 place of business or employment in Indiana, to the sheriff of the
805	805	15 county in which the applicant has a regular place of business or
806	806	16 employment.
807	807	17 The superintendent and local law enforcement agencies shall allow an
808	808	18 applicant desiring to obtain or renew a license to carry a handgun to
809	809	19 submit an application electronically under this chapter if funds are
810	810	20 available to establish and maintain an electronic application system.
811	811	21 (b) This subsection applies before July 1, 2020. The law
812	812	22 enforcement agency which accepts an application for a handgun license
813	813	23 shall collect the following application fees:
814	814	24 (1) From a person applying for a four (4) year handgun license, a
815	815	25 ten dollar ($10) application fee, five dollars ($5) of which shall be
816	816	26 refunded if the license is not issued.
817	817	27 (2) From a person applying for a lifetime handgun license who
818	818	28 does not currently possess a valid Indiana handgun license, a fifty
819	819	29 dollar ($50) application fee, thirty dollars ($30) of which shall be
820	820	30 refunded if the license is not issued.
821	821	31 (3) From a person applying for a lifetime handgun license who
822	822	32 currently possesses a valid Indiana handgun license, a forty dollar
823	823	33 ($40) application fee, thirty dollars ($30) of which shall be
824	824	34 refunded if the license is not issued.
825	825	35 Except as provided in subsection (j), the fee shall be deposited into the
826	826	36 law enforcement agency's firearms training fund or other appropriate
827	827	37 training activities fund and used by the agency to train law enforcement
828	828	38 officers in the proper use of firearms or in other law enforcement
829	829	39 duties, or to purchase firearms, firearm related equipment, or body
830	830	40 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
831	831	41 employed by the law enforcement agency. The state board of accounts
832	832	42 shall establish rules for the proper accounting and expenditure of funds
833	833	2022 IN 1127—LS 6787/DI 144 20
834	834	1 collected under this subsection.
835	835	2 (c) This subsection applies after June 30, 2020, and before July 1,
836	836	3 2021. The law enforcement agency which accepts an application for a
837	837	4 handgun license shall not collect a fee from a person applying for a five
838	838	5 (5) year handgun license and shall collect the following application
839	839	6 fees:
840	840	7 (1) From a person applying for a lifetime handgun license who
841	841	8 does not currently possess a valid Indiana handgun license, a fifty
842	842	9 dollar ($50) application fee, thirty dollars ($30) of which shall be
843	843	10 refunded if the license is not issued.
844	844	11 (2) From a person applying for a lifetime handgun license who
845	845	12 currently possesses a valid Indiana handgun license, a forty dollar
846	846	13 ($40) application fee, thirty dollars ($30) of which shall be
847	847	14 refunded if the license is not issued.
848	848	15 Except as provided in subsection (j), the fee shall be deposited into the
849	849	16 law enforcement agency's firearms training fund or other appropriate
850	850	17 training activities fund and used by the agency to train law enforcement
851	851	18 officers in the proper use of firearms or in other law enforcement
852	852	19 duties, or to purchase firearms, firearm related equipment, or body
853	853	20 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
854	854	21 employed by the law enforcement agency. The state board of accounts
855	855	22 shall establish rules for the proper accounting and expenditure of funds
856	856	23 collected under this subsection.
857	857	24 (d) This subsection applies after June 30, 2021. The law
858	858	25 enforcement agency which accepts an application for a handgun license
859	859	26 shall not collect a fee from a person applying for a handgun license.
860	860	27 (e) The officer to whom the application is made shall ascertain the
861	861	28 applicant's name, full address, length of residence in the community,
862	862	29 whether the applicant's residence is located within the limits of any city
863	863	30 or town, the applicant's occupation, place of business or employment,
864	864	31 criminal record, if any, and convictions (minor traffic offenses
865	865	32 excepted), age, race, sex, nationality, date of birth, citizenship, height,
866	866	33 weight, build, color of hair, color of eyes, scars and marks, whether the
867	867	34 applicant has previously held an Indiana license to carry a handgun
868	868	35 and, if so, the serial number of the license and year issued, whether the
869	869	36 applicant's license has ever been suspended or revoked, and if so, the
870	870	37 year and reason for the suspension or revocation, and the applicant's
871	871	38 reason for desiring a license. If the applicant is not a United States
872	872	39 citizen, the officer to whom the application is made shall ascertain the
873	873	40 applicant's country of citizenship, place of birth, and any alien or
874	874	41 admission number issued by the United States Citizenship and
875	875	42 Immigration Services or United States Customs and Border Protection
876	876	2022 IN 1127—LS 6787/DI 144 21
877	877	1 or any successor agency as applicable. The officer to whom the
878	878	2 application is made shall conduct an investigation into the applicant's
879	879	3 official records and verify thereby the applicant's character and
880	880	4 reputation, and shall in addition verify for accuracy the information
881	881	5 contained in the application, and shall forward this information
882	882	6 together with the officer's recommendation for approval or disapproval
883	883	7 and one (1) set of legible and classifiable fingerprints of the applicant
884	884	8 to the superintendent. An investigation conducted under this section
885	885	9 must include the consulting of available local, state, and federal
886	886	10 criminal history data banks, including the National Instant Criminal
887	887	11 Background Check System (NICS), to determine whether possession
888	888	12 of a firearm by an applicant would be a violation of state or federal law.
889	889	13 (f) The superintendent may make whatever further investigation the
890	890	14 superintendent deems necessary. Whenever disapproval is
891	891	15 recommended, the officer to whom the application is made shall
892	892	16 provide the superintendent and the applicant with the officer's complete
893	893	17 and specific reasons, in writing, for the recommendation of
894	894	18 disapproval.
895	895	19 (g) If it appears to the superintendent that the applicant:
896	896	20 (1) has a proper reason for carrying a handgun;
897	897	21 (2) is of good character and reputation;
898	898	22 (3) is a proper person to be licensed; and
899	899	23 (4) is:
900	900	24 (A) a citizen of the United States; or
901	901	25 (B) not a citizen of the United States but is allowed to carry a
902	902	26 firearm in the United States under federal law;
903	903	27 the superintendent shall issue to the applicant a qualified or an
904	904	28 unlimited license to carry any handgun lawfully possessed by the
905	905	29 applicant. The original license shall be delivered to the licensee. A
906	906	30 copy shall be delivered to the officer to whom the application for
907	907	31 license was made. A copy shall be retained by the superintendent for
908	908	32 at least five (5) years in the case of a five (5) year license. The
909	909	33 superintendent may adopt guidelines to establish a records retention
910	910	34 policy for a lifetime license. A five (5) year license shall be valid for a
911	911	35 period of five (5) years from the date of issue. A lifetime license is
912	912	36 valid for the life of the individual receiving the license. The license of
913	913	37 police officers, sheriffs or their deputies, and law enforcement officers
914	914	38 of the United States government who have twenty (20) or more years
915	915	39 of service shall be valid for the life of these individuals. However, a
916	916	40 lifetime license is automatically revoked if the license holder does not
917	917	41 remain a proper person.
918	918	42 (h) At the time a license is issued and delivered to a licensee under
919	919	2022 IN 1127—LS 6787/DI 144 22
920	920	1 subsection (g), the superintendent shall include with the license
921	921	2 information concerning handgun safety rules that:
922	922	3 (1) neither opposes nor supports an individual's right to bear
923	923	4 arms; and
924	924	5 (2) is:
925	925	6 (A) recommended by a nonprofit educational organization that
926	926	7 is dedicated to providing education on safe handling and use
927	927	8 of firearms;
928	928	9 (B) prepared by the state police department; and
929	929	10 (C) approved by the superintendent.
930	930	11 The superintendent may not deny a license under this section because
931	931	12 the information required under this subsection is unavailable at the
932	932	13 time the superintendent would otherwise issue a license. The state
933	933	14 police department may accept private donations or grants to defray the
934	934	15 cost of printing and mailing the information required under this
935	935	16 subsection.
936	936	17 (i) A license to carry a handgun shall not be issued to any person
937	937	18 who:
938	938	19 (1) has been convicted of a felony;
939	939	20 (2) has had a license to carry a handgun suspended, unless the
940	940	21 person's license has been reinstated;
941	941	22 (3) is under eighteen (18) years of age;
942	942	23 (4) is under twenty-three (23) years of age if the person has been
943	943	24 adjudicated a delinquent child for an act that would be a felony if
944	944	25 committed by an adult;
945	945	26 (5) has been arrested for a Class A or Class B felony for an
946	946	27 offense committed before July 1, 2014, for a Level 1, Level 2,
947	947	28 Level 3, or Level 4 felony for an offense committed after June 30,
948	948	29 2014, or any other felony that was committed while armed with
949	949	30 a deadly weapon or that involved the use of violence, if a court
950	950	31 has found probable cause to believe that the person committed the
951	951	32 offense charged; or
952	952	33 (6) is prohibited by federal law from possessing or receiving
953	953	34 firearms under 18 U.S.C. 922(g).
954	954	35 In the case of an arrest under subdivision (5), a license to carry a
955	955	36 handgun may be issued to a person who has been acquitted of the
956	956	37 specific offense charged or if the charges for the specific offense are
957	957	38 dismissed. The superintendent shall prescribe all forms to be used in
958	958	39 connection with the administration of this chapter.
959	959	40 (j) If the law enforcement agency that charges a fee under
960	960	41 subsection (b) or (c) is a city or town law enforcement agency, the fee
961	961	42 shall be deposited in the law enforcement continuing education fund
962	962	2022 IN 1127—LS 6787/DI 144 23
963	963	1 established under IC 5-2-8-2.
964	964	2 (k) If a person who holds a valid license to carry a handgun issued
965	965	3 under this chapter:
966	966	4 (1) changes the person's name;
967	967	5 (2) changes the person's address; or
968	968	6 (3) experiences a change, including an arrest or a conviction, that
969	969	7 may affect the person's status as a proper person (as defined in
970	970	8 IC 35-47-1-7) or otherwise disqualify the person from holding a
971	971	9 license;
972	972	10 the person shall, not later than thirty (30) days after the date of a
973	973	11 change described under subdivision (3), and not later than sixty (60)
974	974	12 days after the date of the change described under subdivision (1) or (2),
975	975	13 notify the superintendent, in writing, of the event described under
976	976	14 subdivision (3) or, in the case of a change under subdivision (1) or (2),
977	977	15 the person's new name or new address.
978	978	16 (l) The state police shall indicate on the form for a license to carry
979	979	17 a handgun the notification requirements of subsection (k).
980	980	18 (m) The state police department shall adopt rules under IC 4-22-2
981	981	19 to
982	982	20 (1) implement an electronic application system under subsection
983	983	21 (a). and
984	984	22 (2) expedite the processing of an application made by a person
985	985	23 described in section 2.1(b) of this chapter.
986	986	24 Rules adopted under this section must require the superintendent to
987	987	25 keep on file one (1) set of classifiable and legible fingerprints from
988	988	26 every person who has received a license to carry a handgun so that a
989	989	27 person who applies to renew a license will not be required to submit an
990	990	28 additional set of fingerprints.
991	991	29 (n) Except as provided in subsection (o), for purposes of
992	992	30 IC 5-14-3-4(a)(1), the following information is confidential, may not
993	993	31 be published, and is not open to public inspection:
994	994	32 (1) Information submitted by a person under this section to:
995	995	33 (A) obtain; or
996	996	34 (B) renew;
997	997	35 a license to carry a handgun.
998	998	36 (2) Information obtained by a federal, state, or local government
999	999	37 entity in the course of an investigation concerning a person who
1000	1000	38 applies to:
1001	1001	39 (A) obtain; or
1002	1002	40 (B) renew;
1003	1003	41 a license to carry a handgun issued under this chapter.
1004	1004	42 (3) The name, address, and any other information that may be
1005	1005	2022 IN 1127—LS 6787/DI 144 24
1006	1006	1 used to identify a person who holds a license to carry a handgun
1007	1007	2 issued under this chapter.
1008	1008	3 (o) Notwithstanding subsection (n):
1009	1009	4 (1) any information concerning an applicant for or a person who
1010	1010	5 holds a license to carry a handgun issued under this chapter may
1011	1011	6 be released to a federal, state, or local government entity:
1012	1012	7 (A) for law enforcement purposes; or
1013	1013	8 (B) to determine the validity of a license to carry a handgun;
1014	1014	9 and
1015	1015	10 (2) general information concerning the issuance of licenses to
1016	1016	11 carry handguns in Indiana may be released to a person conducting
1017	1017	12 journalistic or academic research, but only if all personal
1018	1018	13 information that could disclose the identity of any person who
1019	1019	14 holds a license to carry a handgun issued under this chapter has
1020	1020	15 been removed from the general information.
1021	1021	16 (p) A person who knowingly or intentionally violates this section
1022	1022	17 commits a Class B misdemeanor.
1023	1023	18 SECTION 13. IC 35-47-2-24 IS AMENDED TO READ AS
1024	1024	19 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 24. (a) In an
1025	1025	20 information or indictment brought for the enforcement of any provision
1026	1026	21 of this chapter, it is not necessary to negate any exemption specified
1027	1027	22 under this chapter. or to allege the absence of a license required under
1028	1028	23 this chapter. The burden of proof is on the defendant to prove that he
1029	1029	24 is exempt an exemption under section 2 of this chapter. or that he has
1030	1030	25 a license as required under this chapter.
1031	1031	26 (b) Whenever a person who has been arrested or charged with a
1032	1032	27 violation of section 1 of this chapter presents a valid license to the
1033	1033	28 prosecuting attorney or establishes that he is exempt an exemption
1034	1034	29 under section 2 of this chapter, any prosecution for a violation of
1035	1035	30 section 1 of this chapter shall be dismissed immediately, and all
1036	1036	31 records of an arrest or proceedings following arrest shall be destroyed
1037	1037	32 immediately.
1038	1038	33 SECTION 14. IC 35-47-2.5-1, AS AMENDED BY P.L.152-2014,
1039	1039	34 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1040	1040	35 UPON PASSAGE]: Sec. 1. (a) Sections 2 through 5 of this chapter do
1041	1041	36 not apply to the following:
1042	1042	37 (1) Transactions between persons who are licensed as firearms
1043	1043	38 importers or collectors or firearms manufacturers or dealers under
1044	1044	39 18 U.S.C. 923.
1045	1045	40 (2) Purchases by or sales to a law enforcement officer or agent of
1046	1046	41 the United States, the state, or a county or local government.
1047	1047	42 (3) Indiana residents licensed to carry handguns under
1048	1048	2022 IN 1127—LS 6787/DI 144 25
1049	1049	1 IC 35-47-2-3. who possess a license to carry a handgun.
1050	1050	2 (b) Notwithstanding any other provision of this chapter, the state
1051	1051	3 shall participate in the NICS if federal funds are available to assist the
1052	1052	4 state in participating in the NICS. If:
1053	1053	5 (1) the state participates in the NICS; and
1054	1054	6 (2) there is a conflict between:
1055	1055	7 (A) a provision of this chapter; and
1056	1056	8 (B) a procedure required under the NICS;
1057	1057	9 the procedure required under the NICS prevails over the conflicting
1058	1058	10 provision of this chapter.
1059	1059	11 SECTION 15. IC 35-47-11.1-4, AS AMENDED BY P.L.147-2014,
1060	1060	12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1061	1061	13 UPON PASSAGE]: Sec. 4. This chapter may not be construed to
1062	1062	14 prevent any of the following:
1063	1063	15 (1) A law enforcement agency of a political subdivision from
1064	1064	16 enacting and enforcing regulations pertaining to firearms,
1065	1065	17 ammunition, or firearm accessories issued to or used by law
1066	1066	18 enforcement officers in the course of their official duties.
1067	1067	19 (2) Subject to IC 34-28-7-2, an employer from regulating or
1068	1068	20 prohibiting the employees of the employer from carrying firearms
1069	1069	21 and ammunition in the course of the employee's official duties.
1070	1070	22 (3) A court or administrative law judge from hearing and
1071	1071	23 resolving any case or controversy or issuing any opinion or order
1072	1072	24 on a matter within the jurisdiction of the court or judge.
1073	1073	25 (4) The enactment or enforcement of generally applicable zoning
1074	1074	26 or business ordinances that apply to firearms businesses to the
1075	1075	27 same degree as other similar businesses. However, a provision of
1076	1076	28 an ordinance that is designed or enforced to effectively restrict or
1077	1077	29 prohibit the sale, purchase, transfer, manufacture, or display of
1078	1078	30 firearms, ammunition, or firearm accessories that is otherwise
1079	1079	31 lawful under the laws of this state is void. A unit (as defined in
1080	1080	32 IC 36-1-2-23) may not use the unit's planning and zoning powers
1081	1081	33 under IC 36-7-4 to prohibit the sale of firearms within a
1082	1082	34 prescribed distance of any other type of commercial property or
1083	1083	35 of school property or other educational property.
1084	1084	36 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
1085	1085	37 provision prohibiting or restricting the possession of a firearm in
1086	1086	38 any building that contains the courtroom of a circuit, superior,
1087	1087	39 city, town, or small claims court. However, if a portion of the
1088	1088	40 building is occupied by a residential tenant or private business,
1089	1089	41 any provision restricting or prohibiting the possession of a firearm
1090	1090	42 does not apply to the portion of the building that is occupied by
1091	1091	2022 IN 1127—LS 6787/DI 144 26
1092	1092	1 the residential tenant or private business, or to common areas of
1093	1093	2 the building used by a residential tenant or private business.
1094	1094	3 (6) The enactment or enforcement of a provision prohibiting or
1095	1095	4 restricting the intentional display of a firearm at a public meeting.
1096	1096	5 (7) The enactment or enforcement of a provision prohibiting or
1097	1097	6 restricting the possession of a firearm in a public hospital
1098	1098	7 corporation that contains a secure correctional health unit that is
1099	1099	8 staffed by a law enforcement officer twenty-four (24) hours a day.
1100	1100	9 (8) The imposition of any restriction or condition placed on a
1101	1101	10 person participating in:
1102	1102	11 (A) a community corrections program (IC 11-12-1);
1103	1103	12 (B) a forensic diversion program (IC 11-12-3.7); or
1104	1104	13 (C) a pretrial diversion program (IC 33-39-1).
1105	1105	14 (9) The enforcement or prosecution of the offense of criminal
1106	1106	15 recklessness (IC 35-42-2-2) involving the use of a firearm.
1107	1107	16 (10) For an event occurring on property leased from a political
1108	1108	17 subdivision or municipal corporation by the promoter or organizer
1109	1109	18 of the event:
1110	1110	19 (A) the establishment, by the promoter or organizer, at the
1111	1111	20 promoter's or organizer's own discretion, of rules of conduct or
1112	1112	21 admission upon which attendance at or participation in the
1113	1113	22 event is conditioned; or
1114	1114	23 (B) the implementation or enforcement of the rules of conduct
1115	1115	24 or admission described in clause (A) by a political subdivision
1116	1116	25 or municipal corporation in connection with the event.
1117	1117	26 (11) The enactment or enforcement of a provision prohibiting or
1118	1118	27 restricting the possession of a firearm in a hospital established
1119	1119	28 and operated under IC 16-22-2 or IC 16-23.
1120	1120	29 (12) A unit from using the unit's planning and zoning powers
1121	1121	30 under IC 36-7-4 to prohibit the sale of firearms within two
1122	1122	31 hundred (200) feet of a school by a person having a business that
1123	1123	32 did not sell firearms within two hundred (200) feet of a school
1124	1124	33 before April 1, 1994.
1125	1125	34 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
1126	1126	35 from enacting or enforcing a provision prohibiting or restricting
1127	1127	36 the possession of a firearm in a building owned or administered
1128	1128	37 by the unit if:
1129	1129	38 (A) metal detection devices are located at each public entrance
1130	1130	39 to the building;
1131	1131	40 (B) each public entrance to the building is staffed by at least
1132	1132	41 one (1) law enforcement officer:
1133	1133	42 (i) who has been adequately trained to conduct inspections
1134	1134	2022 IN 1127—LS 6787/DI 144 27
1135	1135	1 of persons entering the building by use of metal detection
1136	1136	2 devices and proper physical pat down searches; and
1137	1137	3 (ii) when the building is open to the public; and
1138	1138	4 (C) each:
1139	1139	5 (i) individual who enters the building through the public
1140	1140	6 entrance when the building is open to the public; and
1141	1141	7 (ii) bag, package, and other container carried by the
1142	1142	8 individual;
1143	1143	9 is inspected by a law enforcement officer described in clause
1144	1144	10 (B).
1145	1145	11 However, except as provided in subdivision (5) concerning a
1146	1146	12 building that contains a courtroom, a unit may not prohibit or
1147	1147	13 restrict the possession of a handgun under this subdivision in a
1148	1148	14 building owned or administered by the unit if the person who
1149	1149	15 possesses the handgun has been issued a valid license to carry the
1150	1150	16 handgun under IC 35-47-2. is not otherwise prohibited by law
1151	1151	17 from possessing the handgun.
1152	1152	18 SECTION 16. IC 35-47-11.1-4.1 IS ADDED TO THE INDIANA
1153	1153	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
1154	1154	20 [EFFECTIVE UPON PASSAGE]: Sec. 4.1. (a) As used in this section,
1155	1155	21 "department" means the Indiana department of natural resources.
1156	1156	22 (b) A person not otherwise prohibited from carrying or
1157	1157	23 possessing a firearm under federal or state law is permitted
1158	1158	24 beginning July 1, 2022, to carry or possess, without restriction, a
1159	1159	25 firearm on any property:
1160	1160	26 (1) affiliated with;
1161	1161	27 (2) operated or managed by;
1162	1162	28 (3) owned by; or
1163	1163	29 (4) leased by;
1164	1164	30 the department.
1165	1165	31 (c) A rule adopted by the department that conflicts with
1166	1166	32 subsection (b) after June 30, 2022, is void.
1167	1167	33 (d) Before July 1, 2022, the department shall adopt emergency
1168	1168	34 rules in the manner provided under IC 4-22-2-37.1 to implement
1169	1169	35 this section and to ensure that 312 IAC 8-2-3 conforms with
1170	1170	36 subsection (b). An emergency rule adopted by the department
1171	1171	37 under this subsection expires on the earlier of the following:
1172	1172	38 (1) The date the emergency rule is amended or repealed by a
1173	1173	39 later rule adopted under IC 4-22-2-24 through IC 4-22-2-36.
1174	1174	40 (2) July 2, 2023.
1175	1175	41 (e) The department shall adopt rules under IC 4-22-2 that
1176	1176	42 conform to subsection (b) not later than July 1, 2023.
1177	1177	2022 IN 1127—LS 6787/DI 144 28
1178	1178	1 SECTION 17. An emergency is declared for this act.
1179	1179	2022 IN 1127—LS 6787/DI 144