IN
Indiana House Bill HB1323

Indiana 2022 Regular Session

Indiana House Bill HB1323 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1323
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 4-6-2-13; IC 5-2; IC 5-14-3-5.1.
77 Synopsis: Byron Ratcliffe Sr. racial profiling reform act. Honors the
88 memory of Byron Ratcliffe Sr. by doing the following: (1) Prohibits law
99 enforcement agencies and law enforcement officers from conducting
1010 discriminatory profiling or pretextual stops based upon an individual's
1111 perceived age, gender, race, or ethnicity. (2) Requires the state police
1212 department before October 1, 2022, to adopt a model policy regarding
1313 discriminatory profiling and pretextual stops for other law enforcement
1414 agencies to consider in adopting their own agency policies not later
1515 than January 1, 2023. (3) Requires law enforcement agencies to submit
1616 data regarding traffic and pedestrian stops, and citizen complaints
1717 regarding discriminatory profiling or pretextual stops to the Indiana
1818 attorney general for analysis and inclusion in an annual report to the
1919 legislative council. (4) Establishes training requirements for law
2020 enforcement officers regarding discriminatory profiling and pretextual
2121 stops. (5) Establishes the discriminatory profiling review commission
2222 to review complaints of discriminatory profiling and pretextual stops.
2323 (6) Permits a person to bring a civil action based on discriminatory
2424 profiling or a pretextual stop. (7) Requires a law enforcement agency
2525 to establish standards concerning the use of vehicle and body cameras.
2626 Effective: July 1, 2022.
2727 Pryor
2828 January 11, 2022, read first time and referred to Committee on Veterans Affairs and Public
2929 Safety.
3030 2022 IN 1323—LS 6865/DI 87 Introduced
3131 Second Regular Session of the 122nd General Assembly (2022)
3232 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3333 Constitution) is being amended, the text of the existing provision will appear in this style type,
3434 additions will appear in this style type, and deletions will appear in this style type.
3535 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3636 provision adopted), the text of the new provision will appear in this style type. Also, the
3737 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3838 a new provision to the Indiana Code or the Indiana Constitution.
3939 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4040 between statutes enacted by the 2021 Regular Session of the General Assembly.
4141 HOUSE BILL No. 1323
4242 A BILL FOR AN ACT to amend the Indiana Code concerning state
4343 and local administration.
4444 Be it enacted by the General Assembly of the State of Indiana:
4545 1 SECTION 1. IC 4-6-2-13 IS ADDED TO THE INDIANA CODE
4646 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4747 3 1, 2022]: Sec. 13. (a) The definitions set forth in IC 5-2-24 apply
4848 4 throughout this section.
4949 5 (b) Before November 1, 2023, and every year thereafter, the
5050 6 attorney general shall submit a report to the legislative council
5151 7 concerning discriminatory profiling and pretextual stops. The
5252 8 report must be based on information received from law
5353 9 enforcement agencies under IC 5-2-24-12 and must include the
5454 10 following information:
5555 11 (1) The number of complaints filed alleging discriminatory
5656 12 profiling and pretextual stops.
5757 13 (2) The results of each investigation into any complaint
5858 14 described under subdivision (1).
5959 15 (3) If a complaint described under subdivision (1) is
6060 16 substantiated, the action taken against the law enforcement
6161 17 officer.
6262 2022 IN 1323—LS 6865/DI 87 2
6363 1 (4) A summary of the detailed statistical analysis of traffic
6464 2 stops and pedestrian stops conducted by law enforcement
6565 3 agencies based on the third party analysis described in
6666 4 subsection (d).
6767 5 (5) Any statistical or other information received from law
6868 6 enforcement agencies that the attorney general believes would
6969 7 be useful to the legislative council.
7070 8 The report submitted to the legislative council must be in an
7171 9 electronic format under IC 5-14-6. Not later than thirty (30) days
7272 10 after submitting the report to the legislative council, the attorney
7373 11 general shall publish a copy of the report on the attorney general's
7474 12 Internet web site.
7575 13 (c) The attorney general and the director of the civil rights
7676 14 commission may recommend legislation based on the contents of
7777 15 the report.
7878 16 (d) At least quarterly, the attorney general shall provide
7979 17 compiled, anonymous data concerning law enforcement agency
8080 18 stops to a third party for statistical analysis of the data. The
8181 19 attorney general shall publish the results of the analysis on the
8282 20 attorney general's Internet web site, updating the Internet web site
8383 21 at least quarterly. Data transmitted to the legislative council or the
8484 22 third party analyst or published on the attorney general's Internet
8585 23 web site may not include any personal identifying information.
8686 24 (e) Information received by the attorney general from a law
8787 25 enforcement agency under IC 5-2-24-12 that is:
8888 26 (1) not published in a compiled and redacted form; and
8989 27 (2) not released to the public:
9090 28 (A) in the report to the legislative council; or
9191 29 (B) on the Internet web site of the attorney general or the
9292 30 law enforcement agency under IC 5-2-24-12;
9393 31 is confidential and may not be disclosed under IC 5-14-3.
9494 32 SECTION 2. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
9595 33 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9696 34 JULY 1, 2022]: Sec. 9. (a) The board shall adopt in accordance with
9797 35 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
9898 36 The rules, which shall be adopted only after necessary and proper
9999 37 investigation and inquiry by the board, shall include the establishment
100100 38 of the following:
101101 39 (1) Minimum standards of physical, educational, mental, and
102102 40 moral fitness which shall govern the acceptance of any person for
103103 41 training by any law enforcement training school or academy
104104 42 meeting or exceeding the minimum standards established
105105 2022 IN 1323—LS 6865/DI 87 3
106106 1 pursuant to this chapter.
107107 2 (2) Minimum standards for law enforcement training schools
108108 3 administered by towns, cities, counties, law enforcement training
109109 4 centers, agencies, or departments of the state.
110110 5 (3) Minimum standards for courses of study, attendance
111111 6 requirements, equipment, and facilities for approved town, city,
112112 7 county, and state law enforcement officer, police reserve officer,
113113 8 and conservation reserve officer training schools.
114114 9 (4) Minimum standards for a course of study on cultural diversity
115115 10 awareness, including training on the U nonimmigrant visa created
116116 11 through the federal Victims of Trafficking and Violence
117117 12 Protection Act of 2000 (P.L. 106-386) that must be required for
118118 13 each person accepted for training at a law enforcement training
119119 14 school or academy. The cultural diversity awareness course of
120120 15 study must include:
121121 16 (A) an understanding of cultural issues related to race,
122122 17 religion, gender, age, domestic violence, national origin, and
123123 18 physical and mental disabilities; and
124124 19 (B) a study of discriminatory profiling (as defined in
125125 20 IC 5-2-24-2) and pretextual stops (as defined in
126126 21 IC 5-2-24-6) that includes examining patterns, practices,
127127 22 and protocols comprising discriminatory profiling and
128128 23 pretextual stops.
129129 24 In establishing a program of study, the board shall consult
130130 25 with persons having expertise and interest in the field of
131131 26 cultural diversity awareness and the prevention of
132132 27 discriminatory profiling and pretextual stops.
133133 28 (5) Minimum qualifications for instructors at approved law
134134 29 enforcement training schools.
135135 30 (6) Minimum basic training requirements which law enforcement
136136 31 officers appointed to probationary terms shall complete before
137137 32 being eligible for continued or permanent employment.
138138 33 (7) Minimum basic training requirements which law enforcement
139139 34 officers appointed on other than a permanent basis shall complete
140140 35 in order to be eligible for continued employment or permanent
141141 36 appointment.
142142 37 (8) Minimum basic training requirements which law enforcement
143143 38 officers appointed on a permanent basis shall complete in order
144144 39 to be eligible for continued employment.
145145 40 (9) Minimum basic training requirements for each person
146146 41 accepted for training at a law enforcement training school or
147147 42 academy that include six (6) hours of training in interacting with:
148148 2022 IN 1323—LS 6865/DI 87 4
149149 1 (A) persons with autism, mental illness, addictive disorders,
150150 2 intellectual disabilities, and developmental disabilities;
151151 3 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
152152 4 and
153153 5 (C) persons with Alzheimer's disease or related senile
154154 6 dementia;
155155 7 to be provided by persons approved by the secretary of family and
156156 8 social services and the board. The training must include an
157157 9 overview of the crisis intervention teams.
158158 10 (10) Minimum standards for a course of study on human and
159159 11 sexual trafficking that must be required for each person accepted
160160 12 for training at a law enforcement training school or academy and
161161 13 for inservice training programs for law enforcement officers. The
162162 14 course must cover the following topics:
163163 15 (A) Examination of the human and sexual trafficking laws (IC
164164 16 35-42-3.5).
165165 17 (B) Identification of human and sexual trafficking.
166166 18 (C) Communicating with traumatized persons.
167167 19 (D) Therapeutically appropriate investigative techniques.
168168 20 (E) Collaboration with federal law enforcement officials.
169169 21 (F) Rights of and protections afforded to victims.
170170 22 (G) Providing documentation that satisfies the Declaration of
171171 23 Law Enforcement Officer for Victim of Trafficking in Persons
172172 24 (Form I-914, Supplement B) requirements established under
173173 25 federal law.
174174 26 (H) The availability of community resources to assist human
175175 27 and sexual trafficking victims.
176176 28 (11) Minimum standards for ongoing specialized, intensive, and
177177 29 integrative training for persons responsible for investigating
178178 30 sexual assault cases involving adult victims. This training must
179179 31 include instruction on:
180180 32 (A) the neurobiology of trauma;
181181 33 (B) trauma informed interviewing; and
182182 34 (C) investigative techniques.
183183 35 (12) Minimum standards for de-escalation training. De-escalation
184184 36 training shall be taught as a part of existing use-of-force training
185185 37 and not as a separate topic.
186186 38 (b) A law enforcement officer appointed after July 5, 1972, and
187187 39 before July 1, 1993, may not enforce the laws or ordinances of the state
188188 40 or any political subdivision unless the officer has, within one (1) year
189189 41 from the date of appointment, successfully completed the minimum
190190 42 basic training requirements established under this chapter by the board.
191191 2022 IN 1323—LS 6865/DI 87 5
192192 1 If a person fails to successfully complete the basic training
193193 2 requirements within one (1) year from the date of employment, the
194194 3 officer may not perform any of the duties of a law enforcement officer
195195 4 involving control or direction of members of the public or exercising
196196 5 the power of arrest until the officer has successfully completed the
197197 6 training requirements. This subsection does not apply to any law
198198 7 enforcement officer appointed before July 6, 1972, or after June 30,
199199 8 1993.
200200 9 (c) Military leave or other authorized leave of absence from law
201201 10 enforcement duty during the first year of employment after July 6,
202202 11 1972, shall toll the running of the first year, which shall be calculated
203203 12 by the aggregate of the time before and after the leave, for the purposes
204204 13 of this chapter.
205205 14 (d) Except as provided in subsections (e), (m), (t), and (u), a law
206206 15 enforcement officer appointed to a law enforcement department or
207207 16 agency after June 30, 1993, may not:
208208 17 (1) make an arrest;
209209 18 (2) conduct a search or a seizure of a person or property; or
210210 19 (3) carry a firearm;
211211 20 unless the law enforcement officer successfully completes, at a board
212212 21 certified law enforcement academy or at a law enforcement training
213213 22 center under section 10.5 or 15.2 of this chapter, the basic training
214214 23 requirements established by the board under this chapter.
215215 24 (e) This subsection does not apply to:
216216 25 (1) a gaming agent employed as a law enforcement officer by the
217217 26 Indiana gaming commission; or
218218 27 (2) an:
219219 28 (A) attorney; or
220220 29 (B) investigator;
221221 30 designated by the securities commissioner as a police officer of
222222 31 the state under IC 23-19-6-1(k).
223223 32 Before a law enforcement officer appointed after June 30, 1993,
224224 33 completes the basic training requirements, the law enforcement officer
225225 34 may exercise the police powers described in subsection (d) if the
226226 35 officer successfully completes the pre-basic course established in
227227 36 subsection (f). Successful completion of the pre-basic course authorizes
228228 37 a law enforcement officer to exercise the police powers described in
229229 38 subsection (d) for one (1) year after the date the law enforcement
230230 39 officer is appointed.
231231 40 (f) The board shall adopt rules under IC 4-22-2 to establish a
232232 41 pre-basic course for the purpose of training:
233233 42 (1) law enforcement officers;
234234 2022 IN 1323—LS 6865/DI 87 6
235235 1 (2) police reserve officers (as described in IC 36-8-3-20); and
236236 2 (3) conservation reserve officers (as described in IC 14-9-8-27);
237237 3 regarding the subjects of arrest, search and seizure, the lawful use of
238238 4 force, de-escalation training, interacting with individuals with autism,
239239 5 and the operation of an emergency vehicle. The pre-basic course must
240240 6 be offered on a periodic basis throughout the year at regional sites
241241 7 statewide. The pre-basic course must consist of at least forty (40) hours
242242 8 of course work. The board may prepare the classroom part of the
243243 9 pre-basic course using available technology in conjunction with live
244244 10 instruction. The board shall provide the course material, the instructors,
245245 11 and the facilities at the regional sites throughout the state that are used
246246 12 for the pre-basic course. In addition, the board may certify pre-basic
247247 13 courses that may be conducted by other public or private training
248248 14 entities, including postsecondary educational institutions.
249249 15 (g) Subject to subsection (h), the board shall adopt rules under
250250 16 IC 4-22-2 to establish a mandatory inservice training program for
251251 17 police officers and police reserve officers (as described in
252252 18 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
253253 19 satisfactorily completed basic training and has been appointed to a law
254254 20 enforcement department or agency on either a full-time or part-time
255255 21 basis is not eligible for continued employment unless the officer
256256 22 satisfactorily completes the mandatory inservice training requirements
257257 23 established by rules adopted by the board. Inservice training must
258258 24 include:
259259 25 (1) de-escalation training; Inservice training must also include
260260 26 (2) training:
261261 27 (A) in interacting with persons with mental illness, addictive
262262 28 disorders, intellectual disabilities, autism, developmental
263263 29 disabilities, and Alzheimer's disease or related senile
264264 30 dementia; and
265265 31 (B) to be provided by persons approved by the secretary of
266266 32 family and social services and the board; and
267267 33 (3) training concerning:
268268 34 (A) human and sexual trafficking;
269269 35 (B) cultural diversity;
270270 36 (C) discriminatory profiling (as defined in IC 5-2-24-2) and
271271 37 pretextual stops (as defined in IC 5-2-24-6); and
272272 38 (D) high risk missing persons (as defined in IC 5-2-17-1).
273273 39 The board may approve courses offered by other public or private
274274 40 training entities, including postsecondary educational institutions, as
275275 41 necessary in order to ensure the availability of an adequate number of
276276 42 inservice training programs. The board may waive an officer's inservice
277277 2022 IN 1323—LS 6865/DI 87 7
278278 1 training requirements if the board determines that the officer's reason
279279 2 for lacking the required amount of inservice training hours is due to
280280 3 either an emergency situation or the unavailability of courses.
281281 4 (h) This subsection applies only to a mandatory inservice training
282282 5 program under subsection (g). Notwithstanding subsection (g), the
283283 6 board may, without adopting rules under IC 4-22-2, modify the course
284284 7 work of a training subject matter, modify the number of hours of
285285 8 training required within a particular subject matter, or add a new
286286 9 subject matter, if the board satisfies the following requirements:
287287 10 (1) The board must conduct at least two (2) public meetings on
288288 11 the proposed modification or addition.
289289 12 (2) After approving the modification or addition at a public
290290 13 meeting, the board must post notice of the modification or
291291 14 addition on the Indiana law enforcement academy's Internet web
292292 15 site at least thirty (30) days before the modification or addition
293293 16 takes effect.
294294 17 If the board does not satisfy the requirements of this subsection, the
295295 18 modification or addition is void. This subsection does not authorize the
296296 19 board to eliminate any inservice training subject matter required under
297297 20 subsection (g).
298298 21 (i) The board shall also adopt rules establishing a town marshal
299299 22 basic training program, subject to the following:
300300 23 (1) The program must require fewer hours of instruction and class
301301 24 attendance and fewer courses of study than are required for the
302302 25 mandated basic training program.
303303 26 (2) Certain parts of the course materials may be studied by a
304304 27 candidate at the candidate's home in order to fulfill requirements
305305 28 of the program.
306306 29 (3) Law enforcement officers successfully completing the
307307 30 requirements of the program are eligible for appointment only in
308308 31 towns employing the town marshal system (IC 36-5-7) and having
309309 32 not more than one (1) marshal and two (2) deputies.
310310 33 (4) The limitation imposed by subdivision (3) does not apply to an
311311 34 officer who has successfully completed the mandated basic
312312 35 training program.
313313 36 (5) The time limitations imposed by subsections (b) and (c) for
314314 37 completing the training are also applicable to the town marshal
315315 38 basic training program.
316316 39 (6) The program must require training in interacting with
317317 40 individuals with autism.
318318 41 (j) The board shall adopt rules under IC 4-22-2 to establish an
319319 42 executive training program. The executive training program must
320320 2022 IN 1323—LS 6865/DI 87 8
321321 1 include training in the following areas:
322322 2 (1) Liability.
323323 3 (2) Media relations.
324324 4 (3) Accounting and administration.
325325 5 (4) Discipline.
326326 6 (5) Department policy making.
327327 7 (6) Lawful use of force and de-escalation training.
328328 8 (7) Department programs.
329329 9 (8) Emergency vehicle operation.
330330 10 (9) Cultural diversity.
331331 11 (k) A police chief shall apply for admission to the executive training
332332 12 program within two (2) months of the date the police chief initially
333333 13 takes office. A police chief must successfully complete the executive
334334 14 training program within six (6) months of the date the police chief
335335 15 initially takes office. However, if space in the executive training
336336 16 program is not available at a time that will allow completion of the
337337 17 executive training program within six (6) months of the date the police
338338 18 chief initially takes office, the police chief must successfully complete
339339 19 the next available executive training program that is offered after the
340340 20 police chief initially takes office.
341341 21 (l) A police chief who fails to comply with subsection (k) may not
342342 22 continue to serve as the police chief until completion of the executive
343343 23 training program. For the purposes of this subsection and subsection
344344 24 (k), "police chief" refers to:
345345 25 (1) the police chief of any city;
346346 26 (2) the police chief of any town having a metropolitan police
347347 27 department; and
348348 28 (3) the chief of a consolidated law enforcement department
349349 29 established under IC 36-3-1-5.1.
350350 30 A town marshal is not considered to be a police chief for these
351351 31 purposes, but a town marshal may enroll in the executive training
352352 32 program.
353353 33 (m) A fire investigator in the department of homeland security
354354 34 appointed after December 31, 1993, is required to comply with the
355355 35 basic training standards established under this chapter.
356356 36 (n) The board shall adopt rules under IC 4-22-2 to establish a
357357 37 program to certify handgun safety courses, including courses offered
358358 38 in the private sector, that meet standards approved by the board for
359359 39 training probation officers in handgun safety as required by
360360 40 IC 11-13-1-3.5(3).
361361 41 (o) The board shall adopt rules under IC 4-22-2 to establish a
362362 42 refresher course for an officer who:
363363 2022 IN 1323—LS 6865/DI 87 9
364364 1 (1) is hired by an Indiana law enforcement department or agency
365365 2 as a law enforcement officer;
366366 3 (2) has not been employed as a law enforcement officer for:
367367 4 (A) at least two (2) years; and
368368 5 (B) less than six (6) years before the officer is hired under
369369 6 subdivision (1); and
370370 7 (3) completed at any time a basic training course certified or
371371 8 recognized by the board before the officer is hired under
372372 9 subdivision (1).
373373 10 (p) An officer to whom subsection (o) applies must successfully
374374 11 complete the refresher course described in subsection (o) not later than
375375 12 six (6) months after the officer's date of hire, or the officer loses the
376376 13 officer's powers of:
377377 14 (1) arrest;
378378 15 (2) search; and
379379 16 (3) seizure.
380380 17 (q) The board shall adopt rules under IC 4-22-2 to establish a
381381 18 refresher course for an officer who:
382382 19 (1) is appointed by an Indiana law enforcement department or
383383 20 agency as a reserve police officer; and
384384 21 (2) has not worked as a reserve police officer for at least two (2)
385385 22 years after:
386386 23 (A) completing the pre-basic course; or
387387 24 (B) leaving the individual's last appointment as a reserve
388388 25 police officer.
389389 26 An officer to whom this subsection applies must successfully complete
390390 27 the refresher course established by the board in order to work as a
391391 28 reserve police officer.
392392 29 (r) This subsection applies to an individual who, at the time the
393393 30 individual completes a board certified or recognized basic training
394394 31 course, has not been appointed as a law enforcement officer by an
395395 32 Indiana law enforcement department or agency. If the individual is not
396396 33 employed as a law enforcement officer for at least two (2) years after
397397 34 completing the basic training course, the individual must successfully
398398 35 retake and complete the basic training course as set forth in subsection
399399 36 (d).
400400 37 (s) The board shall adopt rules under IC 4-22-2 to establish a
401401 38 refresher course for an individual who:
402402 39 (1) is appointed as a board certified instructor of law enforcement
403403 40 training; and
404404 41 (2) has not provided law enforcement training instruction for
405405 42 more than one (1) year after the date the individual's instructor
406406 2022 IN 1323—LS 6865/DI 87 10
407407 1 certification expired.
408408 2 An individual to whom this subsection applies must successfully
409409 3 complete the refresher course established by the board in order to
410410 4 renew the individual's instructor certification.
411411 5 (t) This subsection applies only to a gaming agent employed as a
412412 6 law enforcement officer by the Indiana gaming commission. A gaming
413413 7 agent appointed after June 30, 2005, may exercise the police powers
414414 8 described in subsection (d) if:
415415 9 (1) the agent successfully completes the pre-basic course
416416 10 established in subsection (f); and
417417 11 (2) the agent successfully completes any other training courses
418418 12 established by the Indiana gaming commission in conjunction
419419 13 with the board.
420420 14 (u) This subsection applies only to a securities enforcement officer
421421 15 designated as a law enforcement officer by the securities
422422 16 commissioner. A securities enforcement officer may exercise the police
423423 17 powers described in subsection (d) if:
424424 18 (1) the securities enforcement officer successfully completes the
425425 19 pre-basic course established in subsection (f); and
426426 20 (2) the securities enforcement officer successfully completes any
427427 21 other training courses established by the securities commissioner
428428 22 in conjunction with the board.
429429 23 (v) As used in this section, "upper level policymaking position"
430430 24 refers to the following:
431431 25 (1) If the authorized size of the department or town marshal
432432 26 system is not more than ten (10) members, the term refers to the
433433 27 position held by the police chief or town marshal.
434434 28 (2) If the authorized size of the department or town marshal
435435 29 system is more than ten (10) members but less than fifty-one (51)
436436 30 members, the term refers to:
437437 31 (A) the position held by the police chief or town marshal; and
438438 32 (B) each position held by the members of the police
439439 33 department or town marshal system in the next rank and pay
440440 34 grade immediately below the police chief or town marshal.
441441 35 (3) If the authorized size of the department or town marshal
442442 36 system is more than fifty (50) members, the term refers to:
443443 37 (A) the position held by the police chief or town marshal; and
444444 38 (B) each position held by the members of the police
445445 39 department or town marshal system in the next two (2) ranks
446446 40 and pay grades immediately below the police chief or town
447447 41 marshal.
448448 42 (w) This subsection applies only to a correctional police officer
449449 2022 IN 1323—LS 6865/DI 87 11
450450 1 employed by the department of correction. A correctional police officer
451451 2 may exercise the police powers described in subsection (d) if:
452452 3 (1) the officer successfully completes the pre-basic course
453453 4 described in subsection (f); and
454454 5 (2) the officer successfully completes any other training courses
455455 6 established by the department of correction in conjunction with
456456 7 the board.
457457 8 (x) This subsection applies only to the sexual assault training
458458 9 described in subsection (a)(11). The board shall:
459459 10 (1) consult with experts on the neurobiology of trauma, trauma
460460 11 informed interviewing, and investigative techniques in developing
461461 12 the sexual assault training; and
462462 13 (2) develop the sexual assault training and begin offering the
463463 14 training not later than July 1, 2022.
464464 15 (y) After July 1, 2023, a law enforcement officer who regularly
465465 16 investigates sexual assaults involving adult victims must complete the
466466 17 training requirements described in subsection (a)(11) within one (1)
467467 18 year of being assigned to regularly investigate sexual assaults involving
468468 19 adult victims.
469469 20 (z) A law enforcement officer who regularly investigates sexual
470470 21 assaults involving adult victims may complete the training
471471 22 requirements described in subsection (a)(11) by attending a:
472472 23 (1) statewide or national training; or
473473 24 (2) department hosted local training.
474474 25 (aa) Notwithstanding any other provisions of this section, the board
475475 26 is authorized to establish certain required standards of training and
476476 27 procedure.
477477 28 SECTION 3. IC 5-2-24 IS ADDED TO THE INDIANA CODE AS
478478 29 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
479479 30 1, 2022]:
480480 31 Chapter 24. Discriminatory Profiling and Pretextual Stops
481481 32 Sec. 1. As used in this chapter, "commission" refers to the
482482 33 discriminatory profiling review commission established by section
483483 34 13 of this chapter.
484484 35 Sec. 2. As used in this chapter, "discriminatory profiling"
485485 36 means:
486486 37 (1) the detention;
487487 38 (2) the official restraint; or
488488 39 (3) other disparate treatment;
489489 40 of an individual on the basis of perceived age, gender, race, or
490490 41 ethnicity. The term does not include a specific suspect based
491491 42 description notification.
492492 2022 IN 1323—LS 6865/DI 87 12
493493 1 Sec. 3. As used in this chapter, "law enforcement agency" means
494494 2 the following:
495495 3 (1) A city or town police department.
496496 4 (2) A town marshal system.
497497 5 (3) A sheriff's department.
498498 6 (4) The state police department.
499499 7 (5) The law enforcement division of the department of natural
500500 8 resources.
501501 9 (6) The excise police division of the alcohol and tobacco
502502 10 commission.
503503 11 (7) A state educational institution police department.
504504 (8) A school resource officer.12
505505 13 (9) A school corporation police officer.
506506 14 (10) The gaming control division of the Indiana gaming
507507 15 commission.
508508 16 (11) A police department of a public or private postsecondary
509509 17 educational institution whose board of trustees has established
510510 18 a police department under IC 21-17-5-2 or IC 21-39-4-2.
511511 19 (12) A hospital police department.
512512 20 Sec. 4. As used in this chapter, "law enforcement officer" means
513513 21 an officer of a law enforcement agency including a police reserve
514514 22 officer under IC 36-8-3-20 or a special deputy under
515515 23 IC 36-8-10-10.6 who is employed by a governmental entity (as
516516 24 defined in IC 35-31.5-2-144).
517517 25 Sec. 5. As used in this chapter, "personal identifying
518518 26 information" means any information that describes, locates, or
519519 27 indexes information about an individual or that affords a basis for
520520 28 inferring personal characteristics about an individual, including:
521521 29 (1) name;
522522 30 (2) address;
523523 31 (3) date of birth;
524524 32 (4) place of employment;
525525 33 (5) telephone number;
526526 34 (6) education;
527527 35 (7) medical history;
528528 36 (8) criminal or employment history; and
529529 37 (9) membership in an organization.
530530 38 Sec. 6. As used in this chapter, "pretextual stop" means the
531531 39 detention of an individual by a law enforcement officer:
532532 40 (1) through a traffic stop or pedestrian stop for the violation
533533 41 of a statute or ordinance; and
534534 42 (2) to allow a law enforcement agency or law enforcement
535535 2022 IN 1323—LS 6865/DI 87 13
536536 1 officer to investigate a separate and unrelated suspected
537537 2 criminal offense.
538538 3 Sec. 7. As used in this chapter, "specific suspect based
539539 4 description notification" means a reasonably detailed physical
540540 5 description of the personal identifying characteristics of a potential
541541 6 suspect (including age, gender, race, or ethnicity) by a law
542542 7 enforcement agency or law enforcement officer.
543543 8 Sec. 8. (a) A law enforcement agency or law enforcement officer
544544 9 may not:
545545 10 (1) engage in discriminatory profiling; or
546546 11 (2) conduct a pretextual stop.
547547 (b) The age, gender, race, or ethnicity 12 of an individual may not
548548 13 be the sole factor in:
549549 14 (1) determining the existence of probable cause to take into
550550 15 custody or to arrest an individual; or
551551 16 (2) constituting a particularized suspicion that an offense has
552552 17 been or is being committed in order to justify:
553553 18 (A) the detention of an individual; or
554554 19 (B) the investigatory stop of a motor vehicle.
555555 20 Sec. 9. Not later than October 1, 2022, the state police
556556 21 department shall adopt a policy regarding discriminatory profiling
557557 22 and pretextual stops that is consistent with this chapter, to serve as
558558 23 a model policy for law enforcement agencies. The policy shall
559559 24 include the following:
560560 25 (1) Definitions of the elements of discriminatory profiling and
561561 26 pretextual stops.
562562 27 (2) Traffic stop procedures.
563563 28 (3) Procedures for the handling of complaints from the public
564564 29 regarding discriminatory profiling and pretextual stops.
565565 30 Sec. 10. (a) Not later than January 1, 2023, a law enforcement
566566 31 agency shall adopt a detailed written policy prohibiting
567567 32 discriminatory profiling and pretextual stops that:
568568 33 (1) is consistent with this chapter; and
569569 34 (2) takes into consideration the model policy adopted by the
570570 35 state police department under section 9 of this chapter.
571571 36 (b) The law enforcement agency's policy must:
572572 37 (1) specifically address the subjects listed in section 9 of this
573573 38 chapter; and
574574 39 (2) require a law enforcement officer to notify an individual
575575 40 who is the subject of a traffic stop or pedestrian stop that they
576576 41 may file a complaint with the commission alleging that the
577577 42 stop constitutes discriminatory profiling or a pretextual stop.
578578 2022 IN 1323—LS 6865/DI 87 14
579579 1 A law enforcement agency shall make the policy available for
580580 2 public inspection during normal business hours.
581581 3 (c) If an investigation of a complaint of discriminatory profiling
582582 4 reveals that a law enforcement officer was in direct violation of the
583583 5 law enforcement agency's policy, the law enforcement agency shall
584584 6 take appropriate action against the officer consistent with the
585585 7 applicable rules, ordinances, and policies governing the agency.
586586 8 Sec. 11. (a) A person or organization that believes that
587587 9 discriminatory profiling or a pretextual stop has occurred may
588588 10 bring an action against the:
589589 11 (1) law enforcement officer;
590590 12 (2) law enforcement agency; or
591591 13 (3) state, political subdivision, state educational institution,
592592 14 school corporation, hospital, or public or private
593593 15 postsecondary educational institution that controls the law
594594 16 enforcement agency.
595595 17 (b) Making or filing a complaint with the law enforcement
596596 18 agency or the commission is not a prerequisite for bringing an
597597 19 action under this section.
598598 20 (c) The court may award a prevailing plaintiff under this
599599 21 section:
600600 22 (1) actual damages;
601601 23 (2) punitive damages;
602602 24 (3) declaratory relief; and
603603 25 (4) injunctive relief.
604604 26 In addition, a prevailing plaintiff is entitled to reasonable
605605 27 attorney's fees, court costs, and expert witness fees.
606606 28 Sec. 12. (a) A law enforcement agency shall provide to the
607607 29 attorney general:
608608 30 (1) a copy of each complaint filed with the law enforcement
609609 31 agency alleging discriminatory profiling or a pretextual stop;
610610 32 (2) the results of the investigation into each complaint; and
611611 33 (3) if the complaint is substantiated, the action taken against
612612 34 the law enforcement officer.
613613 35 (b) A law enforcement agency shall also provide to the attorney
614614 36 general the following information:
615615 37 (1) The number of traffic stops and pedestrian stops
616616 38 conducted by the law enforcement agency.
617617 39 (2) The identifying characteristics of each individual stopped,
618618 40 including the individual's perceived age, gender, race, and
619619 41 ethnicity.
620620 42 (3) The location and duration of each traffic stop and
621621 2022 IN 1323—LS 6865/DI 87 15
622622 1 pedestrian stop.
623623 2 (4) The traffic violation alleged to have been committed that
624624 3 led to each traffic stop.
625625 4 (5) Whether a warning or citation was issued as a result of a
626626 5 traffic stop stop and, if so, the specific violation charged or
627627 6 warning given.
628628 7 (6) Whether a search was performed as a result of a traffic
629629 8 stop or pedestrian stop.
630630 9 (7) If a search was performed as a result of a stop:
631631 10 (A) whether the person consented to the search;
632632 11 (B) the probable cause or reasonable suspicion justifying
633633 12 the search, if applicable;
634634 13 (C) whether the search was of the individual or the
635635 14 individual's property, or both; and
636636 15 (D) the duration of the search.
637637 16 (8) If a search was of a passenger in a motor vehicle, the
638638 17 perceived age, gender, race, and ethnicity of the passenger.
639639 18 (9) Whether any contraband was discovered or seized in the
640640 19 course of a search, including money, and the type of any
641641 20 contraband discovered or seized.
642642 21 (10) Whether any physical force was used by or against the
643643 22 law enforcement officer and the amount of force used.
644644 23 (11) Whether a search involved canine units or advanced
645645 24 technology.
646646 25 (12) Any additional information required by the attorney
647647 26 general.
648648 27 (13) Any additional information the law enforcement agency
649649 28 considers appropriate to include.
650650 29 (c) Information provided by a law enforcement agency to the
651651 30 attorney general under this section must be submitted on a
652652 31 monthly basis.
653653 32 (d) After removing all personal identifying information
654654 33 contained in the data, a law enforcement agency shall compile and
655655 34 conspicuously publish the data collected under this section on the
656656 35 law enforcement agency's Internet web site. The data published on
657657 36 the law enforcement agency's Internet web site must be updated at
658658 37 least once every thirty (30) days.
659659 38 (e) The attorney general shall prepare a report in accordance
660660 39 with IC 4-6-2-13 based on information received under this section.
661661 40 The information collected by a law enforcement agency that is not
662662 41 published in a compiled and redacted form on the law enforcement
663663 42 agency's Internet web site is confidential for purposes of IC 5-14-3.
664664 2022 IN 1323—LS 6865/DI 87 16
665665 1 Sec. 13. (a) The discriminatory profiling review commission is
666666 2 established.
667667 3 (b) The commission shall hear and examine allegations of
668668 4 discriminatory profiling and pretextual stops.
669669 5 (c) The commission shall, with the assistance of the criminal
670670 6 justice institute, create and publicize forms for filing a
671671 7 complaint concerning discriminatory profiling and pretextual
672672 8 stops.
673673 9 Sec. 14. The commission consists of the following thirteen (13)
674674 10 members:
675675 11 (1) The director of the civil rights commission, or a member
676676 12 of the civil rights commission designated by the director. The
677677 13 director or the director's designee serves as chairperson of the
678678 14 commission.
679679 15 (2) The executive director of the Indiana criminal justice
680680 16 institute.
681681 17 (3) The superintendent of the state police department or the
682682 18 superintendent's designee.
683683 19 (4) One (1) member appointed by the governor.
684684 20 (5) One (1) member of a group that supports individuals of
685685 21 color, individuals of all races, and individuals with different
686686 22 ethnicities, appointed by the governor.
687687 23 (6) One (1) member of a group that supports lesbian, gay,
688688 24 bisexual, and transgender individuals, appointed by the
689689 25 governor.
690690 26 (7) One (1) member of a group that supports homeless
691691 27 individuals, appointed by the governor.
692692 28 (8) One (1) member of a group that supports individuals with
693693 29 a disability, appointed by the governor.
694694 30 (9) One (1) member of a group that supports undocumented
695695 31 individuals, appointed by the governor.
696696 32 (10) One (1) member of the Indiana State Bar Association,
697697 33 appointed by the governor from a list of at least three (3)
698698 34 members provided to the governor by the president of the
699699 35 Indiana State Bar Association.
700700 36 (11) One (1) member of a group that supports women,
701701 37 appointed by the governor.
702702 38 (12) One (1) member representing law enforcement,
703703 39 appointed by the governor from a list of:
704704 40 (A) two (2) individuals submitted by the Indiana State
705705 41 Fraternal Order of Police; and
706706 42 (B) two (2) individuals submitted by the Indiana Black
707707 2022 IN 1323—LS 6865/DI 87 17
708708 1 Troopers Association.
709709 2 (13) One (1) member of a group that supports interfaith
710710 3 dialogue and understanding among Christian and
711711 4 non-Christian religious organizations, appointed by the
712712 5 governor from a list submitted by one (1) or more groups
713713 6 supporting interfaith dialogue and understanding.
714714 7 Sec. 15. (a) Except as provided in subsections (b) and (c), a
715715 8 commission member serves a four (4) year term.
716716 9 (b) A member ceases to be a member of the commission if the
717717 10 member no longer holds:
718718 11 (1) the position (in the case of a member appointed under
719719 12 section 14(1) through 14(3) of this chapter); or
720720 13 (2) membership in the group that qualified the member for
721721 14 appointment on the commission.
722722 15 (c) The governor may remove a commission member appointed
723723 16 under section 14(4) through 14(13) of this chapter. The governor
724724 17 may remove the member only for cause.
725725 18 Sec. 16. (a) The civil rights commission shall provide a hearing
726726 19 room, staff, and administrative support to the commission. All
727727 20 investigations of complaints shall be conducted by staff members
728728 21 of the civil rights commission.
729729 22 (b) Each member of the commission who is not a state employee
730730 23 is entitled to the minimum salary per diem provided by
731731 24 IC 4-10-11-2.1(b). The member is also entitled to reimbursement
732732 25 for traveling expenses as provided under IC 4-13-1-4(7) and other
733733 26 expenses actually incurred in connection with the member's duties
734734 27 as provided in the state policies and procedures established by the
735735 28 Indiana department of administration and approved by the budget
736736 29 agency.
737737 30 Sec. 17. (a) The affirmative votes of a majority of the members
738738 31 appointed to the commission are required for the commission to
739739 32 take action on any measure.
740740 33 (b) The commission shall hold one (1) regular meeting each
741741 34 month and may hold additional meetings at the call of the
742742 35 chairperson.
743743 36 Sec. 18. The commission shall receive and investigate complaints
744744 37 alleging discriminatory profiling and pretextual stops. The
745745 38 commission may not hold a hearing in the absence of a complaint.
746746 39 Sec. 19. (a) The commission may:
747747 40 (1) subpoena witnesses;
748748 41 (2) compel the attendance of witnesses;
749749 42 (3) administer oaths;
750750 2022 IN 1323—LS 6865/DI 87 18
751751 1 (4) take the testimony of any person under oath; and
752752 2 (5) require the production for examination of any books and
753753 3 papers relating to any matter under investigation or in
754754 4 question before the commission.
755755 5 (b) A person's refusal to obey a subpoena issued by the
756756 6 commission constitutes contempt. All hearings shall be held within
757757 7 Indiana at a location determined by the commission. A citation of
758758 8 contempt may be issued upon application by the commission to the
759759 9 circuit or superior court in the county in which the hearing is held
760760 10 or in which the witness resides or transacts business.
761761 11 Sec. 20. Adjudicative proceedings before the commission shall
762762 12 be conducted in accordance with IC 4-21.5. Judicial review of a
763763 13 commission determination is available under IC 4-21.5-5.
764764 14 Sec. 21. (a) The commission shall state its findings of fact after
765765 15 a hearing and notify both the complainant and the respondent of
766766 16 the commission's decision in writing. If the commission finds that
767767 17 a law enforcement agency or law enforcement officer has
768768 18 committed discriminatory profiling or performed a pretextual
769769 19 stop, the commission shall order the respondent to cease and desist
770770 20 from the practice.
771771 21 (b) The commission may require the respondent to take other
772772 22 affirmative action, including:
773773 23 (1) reimbursing losses incurred as a result of the
774774 24 discriminatory profiling or pretextual stop;
775775 25 (2) requiring the posting of a notice setting forth the
776776 26 prohibition of discriminatory profiling and pretextual stops;
777777 27 and
778778 28 (3) requiring proof of compliance to be filed by the respondent
779779 29 at periodic intervals.
780780 30 A determination by the commission is a final agency action.
781781 31 Sec. 22. An individual who is the subject of and depicted in a law
782782 32 enforcement recording of a stop may view the recording upon
783783 33 making a request under IC 5-14-3-5.1. If an individual files a
784784 34 complaint with the commission of discriminatory profiling or a
785785 35 pretextual stop, the commission may review the recording upon
786786 36 making a request under IC 5-14-3-5.1.
787787 37 Sec. 23. The commission shall promote the creation of local
788788 agencies to address discriminatory profiling and pretextual stops.38
789789 39 Sec. 24. The commission may adopt rules under IC 4-22-2 to
790790 40 carry out its purposes under this chapter.
791791 41 SECTION 4. IC 5-2-25 IS ADDED TO THE INDIANA CODE AS
792792 42 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
793793 2022 IN 1323—LS 6865/DI 87 19
794794 1 1, 2022]:
795795 2 Chapter 25. Police Body Cameras and Vehicle Cameras
796796 3 Sec. 1. The definitions in IC 5-2-24 apply throughout this
797797 4 chapter.
798798 5 Sec. 2. As used in this chapter "video technology" means a video
799799 6 camera and voice recording technology that is:
800800 7 (1) installed in a law enforcement agency vehicle; or
801801 8 (2) worn by a law enforcement officer.
802802 9 Sec. 3. A law enforcement agency may use federal funds from
803803 10 community oriented policing services grants or other federal
804804 11 sources, subject to the terms of the grant or funding source, for
805805 12 video technology.
806806 13 Sec. 4. A law enforcement agency using video technology shall
807807 14 do the following:
808808 15 (1) Implement a course of instruction regarding the use and
809809 16 operation of the video technology that includes all relevant
810810 17 laws, rules of evidence, and departmental policies and
811811 18 procedures.
812812 19 (2) Implement an introductory video technology course
813813 20 designed specifically for new officers.
814814 21 (3) Implement a video technology refresher course for
815815 22 advanced officer training courses.
816816 23 Sec. 5. Video technology installed in a motor vehicle:
817817 24 (1) must:
818818 25 (A) be automatically activated during every traffic stop;
819819 26 (B) possess voice recording technology;
820820 27 (C) be designed and installed to record a traffic stop in its
821821 28 entirety; and
822822 29 (D) be activated for the entirety of a traffic stop; and
823823 30 (2) may not be equipped with a manual shutoff switch.
824824 31 Sec. 6. (a) Video technology shall be activated in:
825825 32 (1) all routine traffic stops and pedestrian stops, whether
826826 33 spontaneous or planned; and
827827 34 (2) each operation involving the planned use of force,
828828 35 including an operation involving nonuniformed officers.
829829 36 (b) A law enforcement officer shall, whenever practicable, notify
830830 37 individuals that they are being recorded. An officer may meet this
831831 38 requirement by wearing an easily visible pin stating "lapel camera
832832 39 in operation" or "body camera in operation".
833833 40 Sec. 7. A minor, noncriminal infraction by a law enforcement
834834 41 officer that is discovered during a routine review of recorded
835835 42 material must be treated as a training opportunity and not as a
836836 2022 IN 1323—LS 6865/DI 87 20
837837 1 routine disciplinary action, unless the infraction is repeated after
838838 2 being addressed informally.
839839 3 Sec. 8. A criminal action by a law enforcement officer that is
840840 4 discovered during a routine review of recorded material is subject
841841 5 to disciplinary action and criminal charges.
842842 6 SECTION 5. IC 5-14-3-5.1, AS ADDED BY P.L.58-2016,
843843 7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
844844 8 JULY 1, 2022]: Sec. 5.1. (a) As used in this section, "requestor" means
845845 9 the following:
846846 10 (1) An individual who is depicted in a law enforcement recording.
847847 11 (2) If the individual described in subdivision (1) is deceased:
848848 12 (A) the surviving spouse, father, mother, brother, sister, son,
849849 13 or daughter of the individual; or
850850 14 (B) the personal representative (as defined in IC 6-4.1-1-9) of
851851 15 or an attorney representing the deceased individual's estate.
852852 16 (3) If the individual described in subdivision (1) is an
853853 17 incapacitated person (as defined in IC 29-3-1-7.5), the legal
854854 18 guardian, attorney, or attorney in fact of the incapacitated person.
855855 19 (4) A person that is an owner, tenant, lessee, or occupant of real
856856 20 property, if the interior of the real property is depicted in the
857857 21 recording.
858858 22 (5) A person who:
859859 23 (A) is the victim of a crime; or
860860 24 (B) suffers a loss due to personal injury or property damage;
861861 25 if the events depicted in the law enforcement recording are
862862 26 relevant to the person's loss or to the crime committed against the
863863 27 person.
864864 28 (6) The discriminatory profiling review commission
865865 29 established by IC 5-2-24-13, if the law enforcement recording
866866 30 depicts a law enforcement officer conducting a traffic stop or
867867 31 pedestrian stop.
868868 32 (b) A public agency shall allow a requestor to inspect a law
869869 33 enforcement recording at least twice, if:
870870 34 (1) the requestor submits a written request under section 3 of this
871871 35 chapter for inspection of the recording; and
872872 36 (2) if section 4(b)(19) of this chapter applies, the public agency
873873 37 that owns, occupies, leases, or maintains the airport approves the
874874 38 disclosure of the recording.
875875 39 The public agency shall allow the requestor to inspect the recording in
876876 40 the company of the requestor's attorney. A law enforcement recording
877877 41 may not be copied or recorded by the requestor or the requestor's
878878 42 attorney during an inspection.
879879 2022 IN 1323—LS 6865/DI 87 21
880880 1 (c) Before an inspection under subsection (b), the public agency:
881881 (1) shall obscure in the recording information 2 described in section
882882 3 4(a) of this chapter; and
883883 4 (2) may obscure any information identifying:
884884 5 (A) a law enforcement officer operating in an undercover
885885 6 capacity; or
886886 7 (B) a confidential informant.
887887 8 (d) Before an inspection under subsection (b), only the information
888888 9 in the recording described in subsection (c) may be obscured by the
889889 10 public agency.
890890 11 (e) If a person is denied access to inspect a recording under this
891891 12 section, the person may appeal the denial under section 9 of this
892892 13 chapter.
893893 2022 IN 1323—LS 6865/DI 87