Introduced Version
HOUSE BILL No. 1323
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-6-2-13; IC 5-2; IC 5-14-3-5.1.
Synopsis: Byron Ratcliffe Sr. racial profiling reform act. Honors the
memory of Byron Ratcliffe Sr. by doing the following: (1) Prohibits law
enforcement agencies and law enforcement officers from conducting
discriminatory profiling or pretextual stops based upon an individual's
perceived age, gender, race, or ethnicity. (2) Requires the state police
department before October 1, 2022, to adopt a model policy regarding
discriminatory profiling and pretextual stops for other law enforcement
agencies to consider in adopting their own agency policies not later
than January 1, 2023. (3) Requires law enforcement agencies to submit
data regarding traffic and pedestrian stops, and citizen complaints
regarding discriminatory profiling or pretextual stops to the Indiana
attorney general for analysis and inclusion in an annual report to the
legislative council. (4) Establishes training requirements for law
enforcement officers regarding discriminatory profiling and pretextual
stops. (5) Establishes the discriminatory profiling review commission
to review complaints of discriminatory profiling and pretextual stops.
(6) Permits a person to bring a civil action based on discriminatory
profiling or a pretextual stop. (7) Requires a law enforcement agency
to establish standards concerning the use of vehicle and body cameras.
Effective: July 1, 2022.
Pryor
January 11, 2022, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2022 IN 1323—LS 6865/DI 87 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1323
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-6-2-13 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2022]: Sec. 13. (a) The definitions set forth in IC 5-2-24 apply
4 throughout this section.
5 (b) Before November 1, 2023, and every year thereafter, the
6 attorney general shall submit a report to the legislative council
7 concerning discriminatory profiling and pretextual stops. The
8 report must be based on information received from law
9 enforcement agencies under IC 5-2-24-12 and must include the
10 following information:
11 (1) The number of complaints filed alleging discriminatory
12 profiling and pretextual stops.
13 (2) The results of each investigation into any complaint
14 described under subdivision (1).
15 (3) If a complaint described under subdivision (1) is
16 substantiated, the action taken against the law enforcement
17 officer.
2022 IN 1323—LS 6865/DI 87 2
1 (4) A summary of the detailed statistical analysis of traffic
2 stops and pedestrian stops conducted by law enforcement
3 agencies based on the third party analysis described in
4 subsection (d).
5 (5) Any statistical or other information received from law
6 enforcement agencies that the attorney general believes would
7 be useful to the legislative council.
8 The report submitted to the legislative council must be in an
9 electronic format under IC 5-14-6. Not later than thirty (30) days
10 after submitting the report to the legislative council, the attorney
11 general shall publish a copy of the report on the attorney general's
12 Internet web site.
13 (c) The attorney general and the director of the civil rights
14 commission may recommend legislation based on the contents of
15 the report.
16 (d) At least quarterly, the attorney general shall provide
17 compiled, anonymous data concerning law enforcement agency
18 stops to a third party for statistical analysis of the data. The
19 attorney general shall publish the results of the analysis on the
20 attorney general's Internet web site, updating the Internet web site
21 at least quarterly. Data transmitted to the legislative council or the
22 third party analyst or published on the attorney general's Internet
23 web site may not include any personal identifying information.
24 (e) Information received by the attorney general from a law
25 enforcement agency under IC 5-2-24-12 that is:
26 (1) not published in a compiled and redacted form; and
27 (2) not released to the public:
28 (A) in the report to the legislative council; or
29 (B) on the Internet web site of the attorney general or the
30 law enforcement agency under IC 5-2-24-12;
31 is confidential and may not be disclosed under IC 5-14-3.
32 SECTION 2. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
33 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 9. (a) The board shall adopt in accordance with
35 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
36 The rules, which shall be adopted only after necessary and proper
37 investigation and inquiry by the board, shall include the establishment
38 of the following:
39 (1) Minimum standards of physical, educational, mental, and
40 moral fitness which shall govern the acceptance of any person for
41 training by any law enforcement training school or academy
42 meeting or exceeding the minimum standards established
2022 IN 1323—LS 6865/DI 87 3
1 pursuant to this chapter.
2 (2) Minimum standards for law enforcement training schools
3 administered by towns, cities, counties, law enforcement training
4 centers, agencies, or departments of the state.
5 (3) Minimum standards for courses of study, attendance
6 requirements, equipment, and facilities for approved town, city,
7 county, and state law enforcement officer, police reserve officer,
8 and conservation reserve officer training schools.
9 (4) Minimum standards for a course of study on cultural diversity
10 awareness, including training on the U nonimmigrant visa created
11 through the federal Victims of Trafficking and Violence
12 Protection Act of 2000 (P.L. 106-386) that must be required for
13 each person accepted for training at a law enforcement training
14 school or academy. The cultural diversity awareness course of
15 study must include:
16 (A) an understanding of cultural issues related to race,
17 religion, gender, age, domestic violence, national origin, and
18 physical and mental disabilities; and
19 (B) a study of discriminatory profiling (as defined in
20 IC 5-2-24-2) and pretextual stops (as defined in
21 IC 5-2-24-6) that includes examining patterns, practices,
22 and protocols comprising discriminatory profiling and
23 pretextual stops.
24 In establishing a program of study, the board shall consult
25 with persons having expertise and interest in the field of
26 cultural diversity awareness and the prevention of
27 discriminatory profiling and pretextual stops.
28 (5) Minimum qualifications for instructors at approved law
29 enforcement training schools.
30 (6) Minimum basic training requirements which law enforcement
31 officers appointed to probationary terms shall complete before
32 being eligible for continued or permanent employment.
33 (7) Minimum basic training requirements which law enforcement
34 officers appointed on other than a permanent basis shall complete
35 in order to be eligible for continued employment or permanent
36 appointment.
37 (8) Minimum basic training requirements which law enforcement
38 officers appointed on a permanent basis shall complete in order
39 to be eligible for continued employment.
40 (9) Minimum basic training requirements for each person
41 accepted for training at a law enforcement training school or
42 academy that include six (6) hours of training in interacting with:
2022 IN 1323—LS 6865/DI 87 4
1 (A) persons with autism, mental illness, addictive disorders,
2 intellectual disabilities, and developmental disabilities;
3 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
4 and
5 (C) persons with Alzheimer's disease or related senile
6 dementia;
7 to be provided by persons approved by the secretary of family and
8 social services and the board. The training must include an
9 overview of the crisis intervention teams.
10 (10) Minimum standards for a course of study on human and
11 sexual trafficking that must be required for each person accepted
12 for training at a law enforcement training school or academy and
13 for inservice training programs for law enforcement officers. The
14 course must cover the following topics:
15 (A) Examination of the human and sexual trafficking laws (IC
16 35-42-3.5).
17 (B) Identification of human and sexual trafficking.
18 (C) Communicating with traumatized persons.
19 (D) Therapeutically appropriate investigative techniques.
20 (E) Collaboration with federal law enforcement officials.
21 (F) Rights of and protections afforded to victims.
22 (G) Providing documentation that satisfies the Declaration of
23 Law Enforcement Officer for Victim of Trafficking in Persons
24 (Form I-914, Supplement B) requirements established under
25 federal law.
26 (H) The availability of community resources to assist human
27 and sexual trafficking victims.
28 (11) Minimum standards for ongoing specialized, intensive, and
29 integrative training for persons responsible for investigating
30 sexual assault cases involving adult victims. This training must
31 include instruction on:
32 (A) the neurobiology of trauma;
33 (B) trauma informed interviewing; and
34 (C) investigative techniques.
35 (12) Minimum standards for de-escalation training. De-escalation
36 training shall be taught as a part of existing use-of-force training
37 and not as a separate topic.
38 (b) A law enforcement officer appointed after July 5, 1972, and
39 before July 1, 1993, may not enforce the laws or ordinances of the state
40 or any political subdivision unless the officer has, within one (1) year
41 from the date of appointment, successfully completed the minimum
42 basic training requirements established under this chapter by the board.
2022 IN 1323—LS 6865/DI 87 5
1 If a person fails to successfully complete the basic training
2 requirements within one (1) year from the date of employment, the
3 officer may not perform any of the duties of a law enforcement officer
4 involving control or direction of members of the public or exercising
5 the power of arrest until the officer has successfully completed the
6 training requirements. This subsection does not apply to any law
7 enforcement officer appointed before July 6, 1972, or after June 30,
8 1993.
9 (c) Military leave or other authorized leave of absence from law
10 enforcement duty during the first year of employment after July 6,
11 1972, shall toll the running of the first year, which shall be calculated
12 by the aggregate of the time before and after the leave, for the purposes
13 of this chapter.
14 (d) Except as provided in subsections (e), (m), (t), and (u), a law
15 enforcement officer appointed to a law enforcement department or
16 agency after June 30, 1993, may not:
17 (1) make an arrest;
18 (2) conduct a search or a seizure of a person or property; or
19 (3) carry a firearm;
20 unless the law enforcement officer successfully completes, at a board
21 certified law enforcement academy or at a law enforcement training
22 center under section 10.5 or 15.2 of this chapter, the basic training
23 requirements established by the board under this chapter.
24 (e) This subsection does not apply to:
25 (1) a gaming agent employed as a law enforcement officer by the
26 Indiana gaming commission; or
27 (2) an:
28 (A) attorney; or
29 (B) investigator;
30 designated by the securities commissioner as a police officer of
31 the state under IC 23-19-6-1(k).
32 Before a law enforcement officer appointed after June 30, 1993,
33 completes the basic training requirements, the law enforcement officer
34 may exercise the police powers described in subsection (d) if the
35 officer successfully completes the pre-basic course established in
36 subsection (f). Successful completion of the pre-basic course authorizes
37 a law enforcement officer to exercise the police powers described in
38 subsection (d) for one (1) year after the date the law enforcement
39 officer is appointed.
40 (f) The board shall adopt rules under IC 4-22-2 to establish a
41 pre-basic course for the purpose of training:
42 (1) law enforcement officers;
2022 IN 1323—LS 6865/DI 87 6
1 (2) police reserve officers (as described in IC 36-8-3-20); and
2 (3) conservation reserve officers (as described in IC 14-9-8-27);
3 regarding the subjects of arrest, search and seizure, the lawful use of
4 force, de-escalation training, interacting with individuals with autism,
5 and the operation of an emergency vehicle. The pre-basic course must
6 be offered on a periodic basis throughout the year at regional sites
7 statewide. The pre-basic course must consist of at least forty (40) hours
8 of course work. The board may prepare the classroom part of the
9 pre-basic course using available technology in conjunction with live
10 instruction. The board shall provide the course material, the instructors,
11 and the facilities at the regional sites throughout the state that are used
12 for the pre-basic course. In addition, the board may certify pre-basic
13 courses that may be conducted by other public or private training
14 entities, including postsecondary educational institutions.
15 (g) Subject to subsection (h), the board shall adopt rules under
16 IC 4-22-2 to establish a mandatory inservice training program for
17 police officers and police reserve officers (as described in
18 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
19 satisfactorily completed basic training and has been appointed to a law
20 enforcement department or agency on either a full-time or part-time
21 basis is not eligible for continued employment unless the officer
22 satisfactorily completes the mandatory inservice training requirements
23 established by rules adopted by the board. Inservice training must
24 include:
25 (1) de-escalation training; Inservice training must also include
26 (2) training:
27 (A) in interacting with persons with mental illness, addictive
28 disorders, intellectual disabilities, autism, developmental
29 disabilities, and Alzheimer's disease or related senile
30 dementia; and
31 (B) to be provided by persons approved by the secretary of
32 family and social services and the board; and
33 (3) training concerning:
34 (A) human and sexual trafficking;
35 (B) cultural diversity;
36 (C) discriminatory profiling (as defined in IC 5-2-24-2) and
37 pretextual stops (as defined in IC 5-2-24-6); and
38 (D) high risk missing persons (as defined in IC 5-2-17-1).
39 The board may approve courses offered by other public or private
40 training entities, including postsecondary educational institutions, as
41 necessary in order to ensure the availability of an adequate number of
42 inservice training programs. The board may waive an officer's inservice
2022 IN 1323—LS 6865/DI 87 7
1 training requirements if the board determines that the officer's reason
2 for lacking the required amount of inservice training hours is due to
3 either an emergency situation or the unavailability of courses.
4 (h) This subsection applies only to a mandatory inservice training
5 program under subsection (g). Notwithstanding subsection (g), the
6 board may, without adopting rules under IC 4-22-2, modify the course
7 work of a training subject matter, modify the number of hours of
8 training required within a particular subject matter, or add a new
9 subject matter, if the board satisfies the following requirements:
10 (1) The board must conduct at least two (2) public meetings on
11 the proposed modification or addition.
12 (2) After approving the modification or addition at a public
13 meeting, the board must post notice of the modification or
14 addition on the Indiana law enforcement academy's Internet web
15 site at least thirty (30) days before the modification or addition
16 takes effect.
17 If the board does not satisfy the requirements of this subsection, the
18 modification or addition is void. This subsection does not authorize the
19 board to eliminate any inservice training subject matter required under
20 subsection (g).
21 (i) The board shall also adopt rules establishing a town marshal
22 basic training program, subject to the following:
23 (1) The program must require fewer hours of instruction and class
24 attendance and fewer courses of study than are required for the
25 mandated basic training program.
26 (2) Certain parts of the course materials may be studied by a
27 candidate at the candidate's home in order to fulfill requirements
28 of the program.
29 (3) Law enforcement officers successfully completing the
30 requirements of the program are eligible for appointment only in
31 towns employing the town marshal system (IC 36-5-7) and having
32 not more than one (1) marshal and two (2) deputies.
33 (4) The limitation imposed by subdivision (3) does not apply to an
34 officer who has successfully completed the mandated basic
35 training program.
36 (5) The time limitations imposed by subsections (b) and (c) for
37 completing the training are also applicable to the town marshal
38 basic training program.
39 (6) The program must require training in interacting with
40 individuals with autism.
41 (j) The board shall adopt rules under IC 4-22-2 to establish an
42 executive training program. The executive training program must
2022 IN 1323—LS 6865/DI 87 8
1 include training in the following areas:
2 (1) Liability.
3 (2) Media relations.
4 (3) Accounting and administration.
5 (4) Discipline.
6 (5) Department policy making.
7 (6) Lawful use of force and de-escalation training.
8 (7) Department programs.
9 (8) Emergency vehicle operation.
10 (9) Cultural diversity.
11 (k) A police chief shall apply for admission to the executive training
12 program within two (2) months of the date the police chief initially
13 takes office. A police chief must successfully complete the executive
14 training program within six (6) months of the date the police chief
15 initially takes office. However, if space in the executive training
16 program is not available at a time that will allow completion of the
17 executive training program within six (6) months of the date the police
18 chief initially takes office, the police chief must successfully complete
19 the next available executive training program that is offered after the
20 police chief initially takes office.
21 (l) A police chief who fails to comply with subsection (k) may not
22 continue to serve as the police chief until completion of the executive
23 training program. For the purposes of this subsection and subsection
24 (k), "police chief" refers to:
25 (1) the police chief of any city;
26 (2) the police chief of any town having a metropolitan police
27 department; and
28 (3) the chief of a consolidated law enforcement department
29 established under IC 36-3-1-5.1.
30 A town marshal is not considered to be a police chief for these
31 purposes, but a town marshal may enroll in the executive training
32 program.
33 (m) A fire investigator in the department of homeland security
34 appointed after December 31, 1993, is required to comply with the
35 basic training standards established under this chapter.
36 (n) The board shall adopt rules under IC 4-22-2 to establish a
37 program to certify handgun safety courses, including courses offered
38 in the private sector, that meet standards approved by the board for
39 training probation officers in handgun safety as required by
40 IC 11-13-1-3.5(3).
41 (o) The board shall adopt rules under IC 4-22-2 to establish a
42 refresher course for an officer who:
2022 IN 1323—LS 6865/DI 87 9
1 (1) is hired by an Indiana law enforcement department or agency
2 as a law enforcement officer;
3 (2) has not been employed as a law enforcement officer for:
4 (A) at least two (2) years; and
5 (B) less than six (6) years before the officer is hired under
6 subdivision (1); and
7 (3) completed at any time a basic training course certified or
8 recognized by the board before the officer is hired under
9 subdivision (1).
10 (p) An officer to whom subsection (o) applies must successfully
11 complete the refresher course described in subsection (o) not later than
12 six (6) months after the officer's date of hire, or the officer loses the
13 officer's powers of:
14 (1) arrest;
15 (2) search; and
16 (3) seizure.
17 (q) The board shall adopt rules under IC 4-22-2 to establish a
18 refresher course for an officer who:
19 (1) is appointed by an Indiana law enforcement department or
20 agency as a reserve police officer; and
21 (2) has not worked as a reserve police officer for at least two (2)
22 years after:
23 (A) completing the pre-basic course; or
24 (B) leaving the individual's last appointment as a reserve
25 police officer.
26 An officer to whom this subsection applies must successfully complete
27 the refresher course established by the board in order to work as a
28 reserve police officer.
29 (r) This subsection applies to an individual who, at the time the
30 individual completes a board certified or recognized basic training
31 course, has not been appointed as a law enforcement officer by an
32 Indiana law enforcement department or agency. If the individual is not
33 employed as a law enforcement officer for at least two (2) years after
34 completing the basic training course, the individual must successfully
35 retake and complete the basic training course as set forth in subsection
36 (d).
37 (s) The board shall adopt rules under IC 4-22-2 to establish a
38 refresher course for an individual who:
39 (1) is appointed as a board certified instructor of law enforcement
40 training; and
41 (2) has not provided law enforcement training instruction for
42 more than one (1) year after the date the individual's instructor
2022 IN 1323—LS 6865/DI 87 10
1 certification expired.
2 An individual to whom this subsection applies must successfully
3 complete the refresher course established by the board in order to
4 renew the individual's instructor certification.
5 (t) This subsection applies only to a gaming agent employed as a
6 law enforcement officer by the Indiana gaming commission. A gaming
7 agent appointed after June 30, 2005, may exercise the police powers
8 described in subsection (d) if:
9 (1) the agent successfully completes the pre-basic course
10 established in subsection (f); and
11 (2) the agent successfully completes any other training courses
12 established by the Indiana gaming commission in conjunction
13 with the board.
14 (u) This subsection applies only to a securities enforcement officer
15 designated as a law enforcement officer by the securities
16 commissioner. A securities enforcement officer may exercise the police
17 powers described in subsection (d) if:
18 (1) the securities enforcement officer successfully completes the
19 pre-basic course established in subsection (f); and
20 (2) the securities enforcement officer successfully completes any
21 other training courses established by the securities commissioner
22 in conjunction with the board.
23 (v) As used in this section, "upper level policymaking position"
24 refers to the following:
25 (1) If the authorized size of the department or town marshal
26 system is not more than ten (10) members, the term refers to the
27 position held by the police chief or town marshal.
28 (2) If the authorized size of the department or town marshal
29 system is more than ten (10) members but less than fifty-one (51)
30 members, the term refers to:
31 (A) the position held by the police chief or town marshal; and
32 (B) each position held by the members of the police
33 department or town marshal system in the next rank and pay
34 grade immediately below the police chief or town marshal.
35 (3) If the authorized size of the department or town marshal
36 system is more than fifty (50) members, the term refers to:
37 (A) the position held by the police chief or town marshal; and
38 (B) each position held by the members of the police
39 department or town marshal system in the next two (2) ranks
40 and pay grades immediately below the police chief or town
41 marshal.
42 (w) This subsection applies only to a correctional police officer
2022 IN 1323—LS 6865/DI 87 11
1 employed by the department of correction. A correctional police officer
2 may exercise the police powers described in subsection (d) if:
3 (1) the officer successfully completes the pre-basic course
4 described in subsection (f); and
5 (2) the officer successfully completes any other training courses
6 established by the department of correction in conjunction with
7 the board.
8 (x) This subsection applies only to the sexual assault training
9 described in subsection (a)(11). The board shall:
10 (1) consult with experts on the neurobiology of trauma, trauma
11 informed interviewing, and investigative techniques in developing
12 the sexual assault training; and
13 (2) develop the sexual assault training and begin offering the
14 training not later than July 1, 2022.
15 (y) After July 1, 2023, a law enforcement officer who regularly
16 investigates sexual assaults involving adult victims must complete the
17 training requirements described in subsection (a)(11) within one (1)
18 year of being assigned to regularly investigate sexual assaults involving
19 adult victims.
20 (z) A law enforcement officer who regularly investigates sexual
21 assaults involving adult victims may complete the training
22 requirements described in subsection (a)(11) by attending a:
23 (1) statewide or national training; or
24 (2) department hosted local training.
25 (aa) Notwithstanding any other provisions of this section, the board
26 is authorized to establish certain required standards of training and
27 procedure.
28 SECTION 3. IC 5-2-24 IS ADDED TO THE INDIANA CODE AS
29 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
30 1, 2022]:
31 Chapter 24. Discriminatory Profiling and Pretextual Stops
32 Sec. 1. As used in this chapter, "commission" refers to the
33 discriminatory profiling review commission established by section
34 13 of this chapter.
35 Sec. 2. As used in this chapter, "discriminatory profiling"
36 means:
37 (1) the detention;
38 (2) the official restraint; or
39 (3) other disparate treatment;
40 of an individual on the basis of perceived age, gender, race, or
41 ethnicity. The term does not include a specific suspect based
42 description notification.
2022 IN 1323—LS 6865/DI 87 12
1 Sec. 3. As used in this chapter, "law enforcement agency" means
2 the following:
3 (1) A city or town police department.
4 (2) A town marshal system.
5 (3) A sheriff's department.
6 (4) The state police department.
7 (5) The law enforcement division of the department of natural
8 resources.
9 (6) The excise police division of the alcohol and tobacco
10 commission.
11 (7) A state educational institution police department.
(8) A school resource officer.12
13 (9) A school corporation police officer.
14 (10) The gaming control division of the Indiana gaming
15 commission.
16 (11) A police department of a public or private postsecondary
17 educational institution whose board of trustees has established
18 a police department under IC 21-17-5-2 or IC 21-39-4-2.
19 (12) A hospital police department.
20 Sec. 4. As used in this chapter, "law enforcement officer" means
21 an officer of a law enforcement agency including a police reserve
22 officer under IC 36-8-3-20 or a special deputy under
23 IC 36-8-10-10.6 who is employed by a governmental entity (as
24 defined in IC 35-31.5-2-144).
25 Sec. 5. As used in this chapter, "personal identifying
26 information" means any information that describes, locates, or
27 indexes information about an individual or that affords a basis for
28 inferring personal characteristics about an individual, including:
29 (1) name;
30 (2) address;
31 (3) date of birth;
32 (4) place of employment;
33 (5) telephone number;
34 (6) education;
35 (7) medical history;
36 (8) criminal or employment history; and
37 (9) membership in an organization.
38 Sec. 6. As used in this chapter, "pretextual stop" means the
39 detention of an individual by a law enforcement officer:
40 (1) through a traffic stop or pedestrian stop for the violation
41 of a statute or ordinance; and
42 (2) to allow a law enforcement agency or law enforcement
2022 IN 1323—LS 6865/DI 87 13
1 officer to investigate a separate and unrelated suspected
2 criminal offense.
3 Sec. 7. As used in this chapter, "specific suspect based
4 description notification" means a reasonably detailed physical
5 description of the personal identifying characteristics of a potential
6 suspect (including age, gender, race, or ethnicity) by a law
7 enforcement agency or law enforcement officer.
8 Sec. 8. (a) A law enforcement agency or law enforcement officer
9 may not:
10 (1) engage in discriminatory profiling; or
11 (2) conduct a pretextual stop.
(b) The age, gender, race, or ethnicity 12 of an individual may not
13 be the sole factor in:
14 (1) determining the existence of probable cause to take into
15 custody or to arrest an individual; or
16 (2) constituting a particularized suspicion that an offense has
17 been or is being committed in order to justify:
18 (A) the detention of an individual; or
19 (B) the investigatory stop of a motor vehicle.
20 Sec. 9. Not later than October 1, 2022, the state police
21 department shall adopt a policy regarding discriminatory profiling
22 and pretextual stops that is consistent with this chapter, to serve as
23 a model policy for law enforcement agencies. The policy shall
24 include the following:
25 (1) Definitions of the elements of discriminatory profiling and
26 pretextual stops.
27 (2) Traffic stop procedures.
28 (3) Procedures for the handling of complaints from the public
29 regarding discriminatory profiling and pretextual stops.
30 Sec. 10. (a) Not later than January 1, 2023, a law enforcement
31 agency shall adopt a detailed written policy prohibiting
32 discriminatory profiling and pretextual stops that:
33 (1) is consistent with this chapter; and
34 (2) takes into consideration the model policy adopted by the
35 state police department under section 9 of this chapter.
36 (b) The law enforcement agency's policy must:
37 (1) specifically address the subjects listed in section 9 of this
38 chapter; and
39 (2) require a law enforcement officer to notify an individual
40 who is the subject of a traffic stop or pedestrian stop that they
41 may file a complaint with the commission alleging that the
42 stop constitutes discriminatory profiling or a pretextual stop.
2022 IN 1323—LS 6865/DI 87 14
1 A law enforcement agency shall make the policy available for
2 public inspection during normal business hours.
3 (c) If an investigation of a complaint of discriminatory profiling
4 reveals that a law enforcement officer was in direct violation of the
5 law enforcement agency's policy, the law enforcement agency shall
6 take appropriate action against the officer consistent with the
7 applicable rules, ordinances, and policies governing the agency.
8 Sec. 11. (a) A person or organization that believes that
9 discriminatory profiling or a pretextual stop has occurred may
10 bring an action against the:
11 (1) law enforcement officer;
12 (2) law enforcement agency; or
13 (3) state, political subdivision, state educational institution,
14 school corporation, hospital, or public or private
15 postsecondary educational institution that controls the law
16 enforcement agency.
17 (b) Making or filing a complaint with the law enforcement
18 agency or the commission is not a prerequisite for bringing an
19 action under this section.
20 (c) The court may award a prevailing plaintiff under this
21 section:
22 (1) actual damages;
23 (2) punitive damages;
24 (3) declaratory relief; and
25 (4) injunctive relief.
26 In addition, a prevailing plaintiff is entitled to reasonable
27 attorney's fees, court costs, and expert witness fees.
28 Sec. 12. (a) A law enforcement agency shall provide to the
29 attorney general:
30 (1) a copy of each complaint filed with the law enforcement
31 agency alleging discriminatory profiling or a pretextual stop;
32 (2) the results of the investigation into each complaint; and
33 (3) if the complaint is substantiated, the action taken against
34 the law enforcement officer.
35 (b) A law enforcement agency shall also provide to the attorney
36 general the following information:
37 (1) The number of traffic stops and pedestrian stops
38 conducted by the law enforcement agency.
39 (2) The identifying characteristics of each individual stopped,
40 including the individual's perceived age, gender, race, and
41 ethnicity.
42 (3) The location and duration of each traffic stop and
2022 IN 1323—LS 6865/DI 87 15
1 pedestrian stop.
2 (4) The traffic violation alleged to have been committed that
3 led to each traffic stop.
4 (5) Whether a warning or citation was issued as a result of a
5 traffic stop stop and, if so, the specific violation charged or
6 warning given.
7 (6) Whether a search was performed as a result of a traffic
8 stop or pedestrian stop.
9 (7) If a search was performed as a result of a stop:
10 (A) whether the person consented to the search;
11 (B) the probable cause or reasonable suspicion justifying
12 the search, if applicable;
13 (C) whether the search was of the individual or the
14 individual's property, or both; and
15 (D) the duration of the search.
16 (8) If a search was of a passenger in a motor vehicle, the
17 perceived age, gender, race, and ethnicity of the passenger.
18 (9) Whether any contraband was discovered or seized in the
19 course of a search, including money, and the type of any
20 contraband discovered or seized.
21 (10) Whether any physical force was used by or against the
22 law enforcement officer and the amount of force used.
23 (11) Whether a search involved canine units or advanced
24 technology.
25 (12) Any additional information required by the attorney
26 general.
27 (13) Any additional information the law enforcement agency
28 considers appropriate to include.
29 (c) Information provided by a law enforcement agency to the
30 attorney general under this section must be submitted on a
31 monthly basis.
32 (d) After removing all personal identifying information
33 contained in the data, a law enforcement agency shall compile and
34 conspicuously publish the data collected under this section on the
35 law enforcement agency's Internet web site. The data published on
36 the law enforcement agency's Internet web site must be updated at
37 least once every thirty (30) days.
38 (e) The attorney general shall prepare a report in accordance
39 with IC 4-6-2-13 based on information received under this section.
40 The information collected by a law enforcement agency that is not
41 published in a compiled and redacted form on the law enforcement
42 agency's Internet web site is confidential for purposes of IC 5-14-3.
2022 IN 1323—LS 6865/DI 87 16
1 Sec. 13. (a) The discriminatory profiling review commission is
2 established.
3 (b) The commission shall hear and examine allegations of
4 discriminatory profiling and pretextual stops.
5 (c) The commission shall, with the assistance of the criminal
6 justice institute, create and publicize forms for filing a
7 complaint concerning discriminatory profiling and pretextual
8 stops.
9 Sec. 14. The commission consists of the following thirteen (13)
10 members:
11 (1) The director of the civil rights commission, or a member
12 of the civil rights commission designated by the director. The
13 director or the director's designee serves as chairperson of the
14 commission.
15 (2) The executive director of the Indiana criminal justice
16 institute.
17 (3) The superintendent of the state police department or the
18 superintendent's designee.
19 (4) One (1) member appointed by the governor.
20 (5) One (1) member of a group that supports individuals of
21 color, individuals of all races, and individuals with different
22 ethnicities, appointed by the governor.
23 (6) One (1) member of a group that supports lesbian, gay,
24 bisexual, and transgender individuals, appointed by the
25 governor.
26 (7) One (1) member of a group that supports homeless
27 individuals, appointed by the governor.
28 (8) One (1) member of a group that supports individuals with
29 a disability, appointed by the governor.
30 (9) One (1) member of a group that supports undocumented
31 individuals, appointed by the governor.
32 (10) One (1) member of the Indiana State Bar Association,
33 appointed by the governor from a list of at least three (3)
34 members provided to the governor by the president of the
35 Indiana State Bar Association.
36 (11) One (1) member of a group that supports women,
37 appointed by the governor.
38 (12) One (1) member representing law enforcement,
39 appointed by the governor from a list of:
40 (A) two (2) individuals submitted by the Indiana State
41 Fraternal Order of Police; and
42 (B) two (2) individuals submitted by the Indiana Black
2022 IN 1323—LS 6865/DI 87 17
1 Troopers Association.
2 (13) One (1) member of a group that supports interfaith
3 dialogue and understanding among Christian and
4 non-Christian religious organizations, appointed by the
5 governor from a list submitted by one (1) or more groups
6 supporting interfaith dialogue and understanding.
7 Sec. 15. (a) Except as provided in subsections (b) and (c), a
8 commission member serves a four (4) year term.
9 (b) A member ceases to be a member of the commission if the
10 member no longer holds:
11 (1) the position (in the case of a member appointed under
12 section 14(1) through 14(3) of this chapter); or
13 (2) membership in the group that qualified the member for
14 appointment on the commission.
15 (c) The governor may remove a commission member appointed
16 under section 14(4) through 14(13) of this chapter. The governor
17 may remove the member only for cause.
18 Sec. 16. (a) The civil rights commission shall provide a hearing
19 room, staff, and administrative support to the commission. All
20 investigations of complaints shall be conducted by staff members
21 of the civil rights commission.
22 (b) Each member of the commission who is not a state employee
23 is entitled to the minimum salary per diem provided by
24 IC 4-10-11-2.1(b). The member is also entitled to reimbursement
25 for traveling expenses as provided under IC 4-13-1-4(7) and other
26 expenses actually incurred in connection with the member's duties
27 as provided in the state policies and procedures established by the
28 Indiana department of administration and approved by the budget
29 agency.
30 Sec. 17. (a) The affirmative votes of a majority of the members
31 appointed to the commission are required for the commission to
32 take action on any measure.
33 (b) The commission shall hold one (1) regular meeting each
34 month and may hold additional meetings at the call of the
35 chairperson.
36 Sec. 18. The commission shall receive and investigate complaints
37 alleging discriminatory profiling and pretextual stops. The
38 commission may not hold a hearing in the absence of a complaint.
39 Sec. 19. (a) The commission may:
40 (1) subpoena witnesses;
41 (2) compel the attendance of witnesses;
42 (3) administer oaths;
2022 IN 1323—LS 6865/DI 87 18
1 (4) take the testimony of any person under oath; and
2 (5) require the production for examination of any books and
3 papers relating to any matter under investigation or in
4 question before the commission.
5 (b) A person's refusal to obey a subpoena issued by the
6 commission constitutes contempt. All hearings shall be held within
7 Indiana at a location determined by the commission. A citation of
8 contempt may be issued upon application by the commission to the
9 circuit or superior court in the county in which the hearing is held
10 or in which the witness resides or transacts business.
11 Sec. 20. Adjudicative proceedings before the commission shall
12 be conducted in accordance with IC 4-21.5. Judicial review of a
13 commission determination is available under IC 4-21.5-5.
14 Sec. 21. (a) The commission shall state its findings of fact after
15 a hearing and notify both the complainant and the respondent of
16 the commission's decision in writing. If the commission finds that
17 a law enforcement agency or law enforcement officer has
18 committed discriminatory profiling or performed a pretextual
19 stop, the commission shall order the respondent to cease and desist
20 from the practice.
21 (b) The commission may require the respondent to take other
22 affirmative action, including:
23 (1) reimbursing losses incurred as a result of the
24 discriminatory profiling or pretextual stop;
25 (2) requiring the posting of a notice setting forth the
26 prohibition of discriminatory profiling and pretextual stops;
27 and
28 (3) requiring proof of compliance to be filed by the respondent
29 at periodic intervals.
30 A determination by the commission is a final agency action.
31 Sec. 22. An individual who is the subject of and depicted in a law
32 enforcement recording of a stop may view the recording upon
33 making a request under IC 5-14-3-5.1. If an individual files a
34 complaint with the commission of discriminatory profiling or a
35 pretextual stop, the commission may review the recording upon
36 making a request under IC 5-14-3-5.1.
37 Sec. 23. The commission shall promote the creation of local
agencies to address discriminatory profiling and pretextual stops.38
39 Sec. 24. The commission may adopt rules under IC 4-22-2 to
40 carry out its purposes under this chapter.
41 SECTION 4. IC 5-2-25 IS ADDED TO THE INDIANA CODE AS
42 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
2022 IN 1323—LS 6865/DI 87 19
1 1, 2022]:
2 Chapter 25. Police Body Cameras and Vehicle Cameras
3 Sec. 1. The definitions in IC 5-2-24 apply throughout this
4 chapter.
5 Sec. 2. As used in this chapter "video technology" means a video
6 camera and voice recording technology that is:
7 (1) installed in a law enforcement agency vehicle; or
8 (2) worn by a law enforcement officer.
9 Sec. 3. A law enforcement agency may use federal funds from
10 community oriented policing services grants or other federal
11 sources, subject to the terms of the grant or funding source, for
12 video technology.
13 Sec. 4. A law enforcement agency using video technology shall
14 do the following:
15 (1) Implement a course of instruction regarding the use and
16 operation of the video technology that includes all relevant
17 laws, rules of evidence, and departmental policies and
18 procedures.
19 (2) Implement an introductory video technology course
20 designed specifically for new officers.
21 (3) Implement a video technology refresher course for
22 advanced officer training courses.
23 Sec. 5. Video technology installed in a motor vehicle:
24 (1) must:
25 (A) be automatically activated during every traffic stop;
26 (B) possess voice recording technology;
27 (C) be designed and installed to record a traffic stop in its
28 entirety; and
29 (D) be activated for the entirety of a traffic stop; and
30 (2) may not be equipped with a manual shutoff switch.
31 Sec. 6. (a) Video technology shall be activated in:
32 (1) all routine traffic stops and pedestrian stops, whether
33 spontaneous or planned; and
34 (2) each operation involving the planned use of force,
35 including an operation involving nonuniformed officers.
36 (b) A law enforcement officer shall, whenever practicable, notify
37 individuals that they are being recorded. An officer may meet this
38 requirement by wearing an easily visible pin stating "lapel camera
39 in operation" or "body camera in operation".
40 Sec. 7. A minor, noncriminal infraction by a law enforcement
41 officer that is discovered during a routine review of recorded
42 material must be treated as a training opportunity and not as a
2022 IN 1323—LS 6865/DI 87 20
1 routine disciplinary action, unless the infraction is repeated after
2 being addressed informally.
3 Sec. 8. A criminal action by a law enforcement officer that is
4 discovered during a routine review of recorded material is subject
5 to disciplinary action and criminal charges.
6 SECTION 5. IC 5-14-3-5.1, AS ADDED BY P.L.58-2016,
7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 5.1. (a) As used in this section, "requestor" means
9 the following:
10 (1) An individual who is depicted in a law enforcement recording.
11 (2) If the individual described in subdivision (1) is deceased:
12 (A) the surviving spouse, father, mother, brother, sister, son,
13 or daughter of the individual; or
14 (B) the personal representative (as defined in IC 6-4.1-1-9) of
15 or an attorney representing the deceased individual's estate.
16 (3) If the individual described in subdivision (1) is an
17 incapacitated person (as defined in IC 29-3-1-7.5), the legal
18 guardian, attorney, or attorney in fact of the incapacitated person.
19 (4) A person that is an owner, tenant, lessee, or occupant of real
20 property, if the interior of the real property is depicted in the
21 recording.
22 (5) A person who:
23 (A) is the victim of a crime; or
24 (B) suffers a loss due to personal injury or property damage;
25 if the events depicted in the law enforcement recording are
26 relevant to the person's loss or to the crime committed against the
27 person.
28 (6) The discriminatory profiling review commission
29 established by IC 5-2-24-13, if the law enforcement recording
30 depicts a law enforcement officer conducting a traffic stop or
31 pedestrian stop.
32 (b) A public agency shall allow a requestor to inspect a law
33 enforcement recording at least twice, if:
34 (1) the requestor submits a written request under section 3 of this
35 chapter for inspection of the recording; and
36 (2) if section 4(b)(19) of this chapter applies, the public agency
37 that owns, occupies, leases, or maintains the airport approves the
38 disclosure of the recording.
39 The public agency shall allow the requestor to inspect the recording in
40 the company of the requestor's attorney. A law enforcement recording
41 may not be copied or recorded by the requestor or the requestor's
42 attorney during an inspection.
2022 IN 1323—LS 6865/DI 87 21
1 (c) Before an inspection under subsection (b), the public agency:
(1) shall obscure in the recording information 2 described in section
3 4(a) of this chapter; and
4 (2) may obscure any information identifying:
5 (A) a law enforcement officer operating in an undercover
6 capacity; or
7 (B) a confidential informant.
8 (d) Before an inspection under subsection (b), only the information
9 in the recording described in subsection (c) may be obscured by the
10 public agency.
11 (e) If a person is denied access to inspect a recording under this
12 section, the person may appeal the denial under section 9 of this
13 chapter.
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