*ES0294.1*
February 15, 2022
ENGROSSED
SENATE BILL No. 294
_____
DIGEST OF SB 294 (Updated February 15, 2022 9:47 am - DI 116)
Citations Affected: IC 5-2.
Synopsis: Law enforcement training board. Changes the membership
of the law enforcement training board. Requires the creation of certain
statewide policies and training programs. Requires the creation of
minimum standards for certain best practices.
Effective: July 1, 2022.
Crider, Doriot
(HOUSE SPONSORS — STEUERWALD, OLTHOFF, FRYE R)
January 10, 2022, read first time and referred to Committee on Homeland Security and
Transportation.
January 25, 2022, amended, reported favorably — Do Pass.
January 27, 2022, read second time, ordered engrossed. Engrossed.
February 1, 2022, read third time, passed. Yeas 48, nays 0.
HOUSE ACTION
February 8, 2022, read first time and referred to Committee on Veterans Affairs and Public
Safety.
February 15, 2022, reported — Do Pass.
ES 294—LS 6794/DI 87 February 15, 2022
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.
ENGROSSED
SENATE BILL No. 294
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 5-2-1-1, AS AMENDED BY P.L.52-2005,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 1. (a) In order to ensure the public safety and
4 general welfare of the people of the state of Indiana and to promote
5 equity for all segments of society, a program of mandatory training for
6 law enforcement officers is established.
7 (b) This chapter shall be interpreted to achieve said purposes
8 through the establishment of a consistent and uniform statewide:
9 (1) deadly force policy and training program; and
10 (2) defensive tactics policy and training program;
11 as well as minimum standards in regarding other law enforcement
12 training.
13 (c) It is the intent of this chapter to encourage all law enforcement
14 officers, departments, and agencies within this state to adopt standards
15 which are higher than the minimum standards implemented under this
16 chapter. and such minimum standards shall in no way be deemed
17 sufficient or adequate in those cases where higher standards have been
ES 294—LS 6794/DI 87 2
1 adopted or proposed. However, any policy or program created or
2 implemented pursuant to subsection (b)(1) or (b)(2) may not be
3 modified or altered in any way by any Indiana law enforcement
4 agency, office, or department.
5 (d) The chief executive officer of a law enforcement department or
6 agency in Indiana shall use all reasonable means to ensure that the law
7 enforcement officers within the department or agency comply with this
8 chapter. The chief executive officer shall submit to the executive
9 director of the board, not later than March 31 of each year, a written
10 report detailing the basic and inservice training status of each law
11 enforcement officer on the payroll of the department or agency. The
12 report must also include similarly detailed information pertaining to the
13 training status of each police reserve officer.
14 SECTION 2. IC 5-2-1-3, AS AMENDED BY P.L.187-2021,
15 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2022]: Sec. 3. There is created, as a criminal justice agency of
17 the state, a law enforcement training board to carry out the provisions
18 of this chapter. The board members are to be selected as provided by
19 this chapter. The board is composed of the following members:
20 (1) The superintendent of the Indiana state police department,
21 who representing the Indiana state police academy. The
22 superintendent shall serve as chairperson of the board.
23 (2) The executive director of the department of homeland security
24 appointed under IC 10-19-3-1. The executive director shall serve
25 as the vice chair of the board.
26 (3) The chief of police of a consolidated city, representing the
27 police department academy of the consolidated city.
28 (4) One (1) county sheriff from a county with a population of at
29 least one hundred thousand (100,000).
30 (5) One (1) county sheriff from a county of at least fifty thousand
31 (50,000) but less than one hundred thousand (100,000)
32 population.
33 (6) One (1) county sheriff from a county of under fifty thousand
34 (50,000) population.
35 (7) One (1) chief of police from a city of at least thirty-five
36 thousand (35,000) population, who is not the chief of police of a
37 consolidated city.
38 (8) One (1) chief of police from a city of at least ten thousand
39 (10,000) but under thirty-five thousand (35,000) population.
40 (9) One (1) chief of police, police officer, or town marshal from
41 a city or town of under ten thousand (10,000) population.
42 (10) One (1) prosecuting attorney.
ES 294—LS 6794/DI 87 3
1 (11) One (1) judge of a circuit or superior court exercising
2 criminal jurisdiction.
3 (12) The chief administrative officer of the Indiana law
4 enforcement academy.
5 (13) The commander of the northwest Indiana law
6 enforcement academy.
7 (14) The commander of the southwest Indiana law
8 enforcement academy.
9 (15) The commander of the Fort Wayne police department
10 academy.
11 (16) The commander of the Indiana University police
12 department academy.
13 (12) (17) One (1) member representing professional journalism.
14 (13) One (1) member representing the medical profession.
15 (14) (18) One (1) member representing education.
16 (15) (19) One (1) member representing a minority owned
17 business and industry. or nonprofit organization.
18 (16) One (1) member representing labor.
19 (17) (20) One (1) member representing Indiana elected officials
20 of counties, cities, and towns.
21 (21) Three (3) members representing the general public.
22 SECTION 3. IC 5-2-1-4, AS AMENDED BY P.L.197-2011,
23 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 4. All members of the board shall be appointed to
25 the board by the governor. The appointments shall be made on a
26 bipartisan basis so that not more than one-half (1/2) of the members of
27 the board shall at any time be members of either of the two (2) major
28 political parties. Not more than twelve (12) members may be
29 members of the same political party. All appointments shall be for
30 terms of four (4) years or while maintaining the position held at the
31 time of appointment to the board, whichever is the lesser period.
32 Appointees to the board shall serve as members of the board only while
33 holding the office or position held at the time of appointment to the
34 board in order that the representative nature of the board outlined in
35 section 3 of this chapter may be maintained. However, each member of
36 the board shall serve until the member's successor has been appointed
37 and qualified, unless the member's services are terminated earlier for
38 sufficient reason. Vacancies on the board caused by expiration of a
39 term, termination of the office or position held at time of appointment,
40 or for any other reason shall be filled in the same manner as original
41 appointments. A member appointed to fill a vacancy created other than
42 by expiration of a term shall be appointed for the unexpired term of the
ES 294—LS 6794/DI 87 4
1 member succeeded in the same manner as an original appointment.
2 Members of the board may be reappointed for additional terms. All
3 members of the board shall serve, unless their services are terminated
4 earlier for sufficient reason, until their successors have been appointed
5 and qualified. Members of the board may be removed by the governor
6 for inefficiency, incompetence, neglect of duty, or other good cause
7 after having been accorded a hearing by the governor upon reasonable
8 notice of the charge being made against them.
9 SECTION 4. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
10 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 9. (a) The board shall adopt in accordance with
12 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
13 The rules, which shall be adopted only after necessary and proper
14 investigation and inquiry by the board, shall include the establishment
15 of the following:
16 (1) A consistent and uniform statewide deadly force policy
17 and training program, that is consistent with state and federal
18 law. Upon adoption by the law enforcement training board,
19 the policy and training program must be implemented,
20 without modification, by all Indiana law enforcement
21 agencies, offices, or departments.
22 (2) A consistent and uniform statewide defensive tactics policy
23 and training program, that is consistent with state and federal
24 law. Upon adoption by the law enforcement training board,
25 the policy and training program must be implemented,
26 without modification, by all Indiana law enforcement
27 agencies, offices, or departments.
28 (3) A uniform statewide minimum standard for vehicle
29 pursuits consistent with state and federal law.
30 (1) (4) Minimum standards of physical, educational, mental, and
31 moral fitness which shall govern the acceptance of any person for
32 training by any law enforcement training school or academy
33 meeting or exceeding the minimum standards established
34 pursuant to this chapter.
35 (2) (5) Minimum standards for law enforcement training schools
36 administered by towns, cities, counties, law enforcement training
37 centers, agencies, or departments of the state.
38 (3) (6) Minimum standards for courses of study, attendance
39 requirements, equipment, and facilities for approved town, city,
40 county, and state law enforcement officer, police reserve officer,
41 and conservation reserve officer training schools.
42 (4) (7) Minimum standards for a course of study on cultural
ES 294—LS 6794/DI 87 5
1 diversity awareness, including training on the U nonimmigrant
2 visa created through the federal Victims of Trafficking and
3 Violence Protection Act of 2000 (P.L. 106-386) that must be
4 required for each person accepted for training at a law
5 enforcement training school or academy. Cultural diversity
6 awareness study must include an understanding of cultural issues
7 related to race, religion, gender, age, domestic violence, national
8 origin, and physical and mental disabilities.
9 (5) (8) Minimum qualifications for instructors at approved law
10 enforcement training schools.
11 (6) (9) Minimum basic training requirements which law
12 enforcement officers appointed to probationary terms shall
13 complete before being eligible for continued or permanent
14 employment.
15 (7) (10) Minimum basic training requirements which law
16 enforcement officers appointed on other than a permanent basis
17 shall complete in order to be eligible for continued employment
18 or permanent appointment.
19 (8) (11) Minimum basic training requirements which law
20 enforcement officers appointed on a permanent basis shall
21 complete in order to be eligible for continued employment.
22 (9) (12) Minimum basic training requirements for each person
23 accepted for training at a law enforcement training school or
24 academy that include six (6) hours of training in interacting with:
25 (A) persons with autism, mental illness, addictive disorders,
26 intellectual disabilities, and developmental disabilities;
27 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
28 and
29 (C) persons with Alzheimer's disease or related senile
30 dementia;
31 to be provided by persons approved by the secretary of family and
32 social services and the board. The training must include an
33 overview of the crisis intervention teams.
34 (10) (13) Minimum standards for a course of study on human and
35 sexual trafficking that must be required for each person accepted
36 for training at a law enforcement training school or academy and
37 for inservice training programs for law enforcement officers. The
38 course must cover the following topics:
39 (A) Examination of the human and sexual trafficking laws
40 (IC 35-42-3.5).
41 (B) Identification of human and sexual trafficking.
42 (C) Communicating with traumatized persons.
ES 294—LS 6794/DI 87 6
1 (D) Therapeutically appropriate investigative techniques.
2 (E) Collaboration with federal law enforcement officials.
3 (F) Rights of and protections afforded to victims.
4 (G) Providing documentation that satisfies the Declaration of
5 Law Enforcement Officer for Victim of Trafficking in Persons
6 (Form I-914, Supplement B) requirements established under
7 federal law.
8 (H) The availability of community resources to assist human
9 and sexual trafficking victims.
10 (11) (14) Minimum standards for ongoing specialized, intensive,
11 and integrative training for persons responsible for investigating
12 sexual assault cases involving adult victims. This training must
13 include instruction on:
14 (A) the neurobiology of trauma;
15 (B) trauma informed interviewing; and
16 (C) investigative techniques.
17 (12) (15) Minimum standards for de-escalation training.
18 De-escalation training shall be taught as a part of existing
19 use-of-force training and not as a separate topic.
20 (16) Minimum standards regarding best practices for crowd
21 control, protests, and First Amendment activities.
22 All statewide policies and minimum standards shall be documented
23 in writing and published on the ILEA website. Any policy,
24 standard, or training program implemented, adopted, or
25 promulgated by a vote of the board may only subsequently be
26 modified or rescinded by a two-thirds (2/3) majority vote of the
27 board.
28 (b) A law enforcement officer appointed after July 5, 1972, and
29 before July 1, 1993, may not enforce the laws or ordinances of the state
30 or any political subdivision unless the officer has, within one (1) year
31 from the date of appointment, successfully completed the minimum
32 basic training requirements established under this chapter by the board.
33 If a person fails to successfully complete the basic training
34 requirements within one (1) year from the date of employment, the
35 officer may not perform any of the duties of a law enforcement officer
36 involving control or direction of members of the public or exercising
37 the power of arrest until the officer has successfully completed the
38 training requirements. This subsection does not apply to any law
39 enforcement officer appointed before July 6, 1972, or after June 30,
40 1993.
41 (c) Military leave or other authorized leave of absence from law
42 enforcement duty during the first year of employment after July 6,
ES 294—LS 6794/DI 87 7
1 1972, shall toll the running of the first year, which shall be calculated
2 by the aggregate of the time before and after the leave, for the purposes
3 of this chapter.
4 (d) Except as provided in subsections (e), (m), (t), and (u), a law
5 enforcement officer appointed to a law enforcement department or
6 agency after June 30, 1993, may not:
7 (1) make an arrest;
8 (2) conduct a search or a seizure of a person or property; or
9 (3) carry a firearm;
10 unless the law enforcement officer successfully completes, at a board
11 certified law enforcement academy or at a law enforcement training
12 center under section 10.5 or 15.2 of this chapter, the basic training
13 requirements established by the board under this chapter.
14 (e) This subsection does not apply to:
15 (1) a gaming agent employed as a law enforcement officer by the
16 Indiana gaming commission; or
17 (2) an:
18 (A) attorney; or
19 (B) investigator;
20 designated by the securities commissioner as a police officer of
21 the state under IC 23-19-6-1(k).
22 Before a law enforcement officer appointed after June 30, 1993,
23 completes the basic training requirements, the law enforcement officer
24 may exercise the police powers described in subsection (d) if the
25 officer successfully completes the pre-basic course established in
26 subsection (f). Successful completion of the pre-basic course authorizes
27 a law enforcement officer to exercise the police powers described in
28 subsection (d) for one (1) year after the date the law enforcement
29 officer is appointed.
30 (f) The board shall adopt rules under IC 4-22-2 to establish a
31 pre-basic course for the purpose of training:
32 (1) law enforcement officers;
33 (2) police reserve officers (as described in IC 36-8-3-20); and
34 (3) conservation reserve officers (as described in IC 14-9-8-27);
35 regarding the subjects of arrest, search and seizure, the lawful use of
36 force, de-escalation training, interacting with individuals with autism,
37 and the operation of an emergency vehicle. The pre-basic course must
38 be offered on a periodic basis throughout the year at regional sites
39 statewide. The pre-basic course must consist of at least forty (40) hours
40 of course work. The board may prepare the classroom part of the
41 pre-basic course using available technology in conjunction with live
42 instruction. The board shall provide the course material, the instructors,
ES 294—LS 6794/DI 87 8
1 and the facilities at the regional sites throughout the state that are used
2 for the pre-basic course. In addition, the board may certify pre-basic
3 courses that may be conducted by other public or private training
4 entities, including postsecondary educational institutions.
5 (g) Subject to subsection (h), the board shall adopt rules under
6 IC 4-22-2 to establish a mandatory inservice training program for
7 police officers and police reserve officers (as described in
8 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
9 satisfactorily completed basic training and has been appointed to a law
10 enforcement department or agency on either a full-time or part-time
11 basis is not eligible for continued employment unless the officer
12 satisfactorily completes the mandatory inservice training requirements
13 established by rules adopted by the board. Inservice training must
14 include de-escalation training. Inservice training must also include
15 training in interacting with persons with mental illness, addictive
16 disorders, intellectual disabilities, autism, developmental disabilities,
17 and Alzheimer's disease or related senile dementia, to be provided by
18 persons approved by the secretary of family and social services and the
19 board, and training concerning human and sexual trafficking and high
20 risk missing persons (as defined in IC 5-2-17-1). The board may
21 approve courses offered by other public or private training entities,
22 including postsecondary educational institutions, as necessary in order
23 to ensure the availability of an adequate number of inservice training
24 programs. The board may waive an officer's inservice training
25 requirements if the board determines that the officer's reason for
26 lacking the required amount of inservice training hours is due to either
27 an emergency situation or the unavailability of courses.
28 (h) This subsection applies only to a mandatory inservice training
29 program under subsection (g). Notwithstanding subsection (g), the
30 board may, without adopting rules under IC 4-22-2, modify the course
31 work of a training subject matter, modify the number of hours of
32 training required within a particular subject matter, or add a new
33 subject matter, if the board satisfies the following requirements:
34 (1) The board must conduct at least two (2) public meetings on
35 the proposed modification or addition.
36 (2) After approving the modification or addition at a public
37 meeting, the board must post notice of the modification or
38 addition on the Indiana law enforcement academy's Internet web
39 site at least thirty (30) days before the modification or addition
40 takes effect.
41 If the board does not satisfy the requirements of this subsection, the
42 modification or addition is void. This subsection does not authorize the
ES 294—LS 6794/DI 87 9
1 board to eliminate any inservice training subject matter required under
2 subsection (g).
3 (i) The board shall also adopt rules establishing a town marshal
4 basic training program, subject to the following:
5 (1) The program must require fewer hours of instruction and class
6 attendance and fewer courses of study than are required for the
7 mandated basic training program.
8 (2) Certain parts of the course materials may be studied by a
9 candidate at the candidate's home in order to fulfill requirements
10 of the program.
11 (3) Law enforcement officers successfully completing the
12 requirements of the program are eligible for appointment only in
13 towns employing the town marshal system (IC 36-5-7) and having
14 not more than one (1) marshal and two (2) deputies.
15 (4) The limitation imposed by subdivision (3) does not apply to an
16 officer who has successfully completed the mandated basic
17 training program.
18 (5) The time limitations imposed by subsections (b) and (c) for
19 completing the training are also applicable to the town marshal
20 basic training program.
21 (6) The program must require training in interacting with
22 individuals with autism.
23 (j) The board shall adopt rules under IC 4-22-2 to establish an
24 executive training program. The executive training program must
25 include training in the following areas:
26 (1) Liability.
27 (2) Media relations.
28 (3) Accounting and administration.
29 (4) Discipline.
30 (5) Department policy making.
31 (6) Lawful use of force and de-escalation training.
32 (7) Department programs.
33 (8) Emergency vehicle operation.
34 (9) Cultural diversity.
35 (k) A police chief shall apply for admission to the executive training
36 program within two (2) months of the date the police chief initially
37 takes office. A police chief must successfully complete the executive
38 training program within six (6) months of the date the police chief
39 initially takes office. However, if space in the executive training
40 program is not available at a time that will allow completion of the
41 executive training program within six (6) months of the date the police
42 chief initially takes office, the police chief must successfully complete
ES 294—LS 6794/DI 87 10
1 the next available executive training program that is offered after the
2 police chief initially takes office.
3 (l) A police chief who fails to comply with subsection (k) may not
4 continue to serve as the police chief until completion of the executive
5 training program. For the purposes of this subsection and subsection
6 (k), "police chief" refers to:
7 (1) the police chief of any city;
8 (2) the police chief of any town having a metropolitan police
9 department; and
10 (3) the chief of a consolidated law enforcement department
11 established under IC 36-3-1-5.1.
12 A town marshal is not considered to be a police chief for these
13 purposes, but a town marshal may enroll in the executive training
14 program.
15 (m) A fire investigator in the department of homeland security
16 appointed after December 31, 1993, is required to comply with the
17 basic training standards established under this chapter.
18 (n) The board shall adopt rules under IC 4-22-2 to establish a
19 program to certify handgun safety courses, including courses offered
20 in the private sector, that meet standards approved by the board for
21 training probation officers in handgun safety as required by
22 IC 11-13-1-3.5(3).
23 (o) The board shall adopt rules under IC 4-22-2 to establish a
24 refresher course for an officer who:
25 (1) is hired by an Indiana law enforcement department or agency
26 as a law enforcement officer;
27 (2) has not been employed as a law enforcement officer for:
28 (A) at least two (2) years; and
29 (B) less than six (6) years before the officer is hired under
30 subdivision (1); and
31 (3) completed at any time a basic training course certified or
32 recognized by the board before the officer is hired under
33 subdivision (1).
34 (p) An officer to whom subsection (o) applies must successfully
35 complete the refresher course described in subsection (o) not later than
36 six (6) months after the officer's date of hire, or the officer loses the
37 officer's powers of:
38 (1) arrest;
39 (2) search; and
40 (3) seizure.
41 (q) The board shall adopt rules under IC 4-22-2 to establish a
42 refresher course for an officer who:
ES 294—LS 6794/DI 87 11
1 (1) is appointed by an Indiana law enforcement department or
2 agency as a reserve police officer; and
3 (2) has not worked as a reserve police officer for at least two (2)
4 years after:
5 (A) completing the pre-basic course; or
6 (B) leaving the individual's last appointment as a reserve
7 police officer.
8 An officer to whom this subsection applies must successfully complete
9 the refresher course established by the board in order to work as a
10 reserve police officer.
11 (r) This subsection applies to an individual who, at the time the
12 individual completes a board certified or recognized basic training
13 course, has not been appointed as a law enforcement officer by an
14 Indiana law enforcement department or agency. If the individual is not
15 employed as a law enforcement officer for at least two (2) years after
16 completing the basic training course, the individual must successfully
17 retake and complete the basic training course as set forth in subsection
18 (d).
19 (s) The board shall adopt rules under IC 4-22-2 to establish a
20 refresher course for an individual who:
21 (1) is appointed as a board certified instructor of law enforcement
22 training; and
23 (2) has not provided law enforcement training instruction for
24 more than one (1) year after the date the individual's instructor
25 certification expired.
26 An individual to whom this subsection applies must successfully
27 complete the refresher course established by the board in order to
28 renew the individual's instructor certification.
29 (t) This subsection applies only to a gaming agent employed as a
30 law enforcement officer by the Indiana gaming commission. A gaming
31 agent appointed after June 30, 2005, may exercise the police powers
32 described in subsection (d) if:
33 (1) the agent successfully completes the pre-basic course
34 established in subsection (f); and
35 (2) the agent successfully completes any other training courses
36 established by the Indiana gaming commission in conjunction
37 with the board.
38 (u) This subsection applies only to a securities enforcement officer
39 designated as a law enforcement officer by the securities
40 commissioner. A securities enforcement officer may exercise the police
41 powers described in subsection (d) if:
42 (1) the securities enforcement officer successfully completes the
ES 294—LS 6794/DI 87 12
1 pre-basic course established in subsection (f); and
2 (2) the securities enforcement officer successfully completes any
3 other training courses established by the securities commissioner
4 in conjunction with the board.
5 (v) As used in this section, "upper level policymaking position"
6 refers to the following:
7 (1) If the authorized size of the department or town marshal
8 system is not more than ten (10) members, the term refers to the
9 position held by the police chief or town marshal.
10 (2) If the authorized size of the department or town marshal
11 system is more than ten (10) members but less than fifty-one (51)
12 members, the term refers to:
13 (A) the position held by the police chief or town marshal; and
14 (B) each position held by the members of the police
15 department or town marshal system in the next rank and pay
16 grade immediately below the police chief or town marshal.
17 (3) If the authorized size of the department or town marshal
18 system is more than fifty (50) members, the term refers to:
19 (A) the position held by the police chief or town marshal; and
20 (B) each position held by the members of the police
21 department or town marshal system in the next two (2) ranks
22 and pay grades immediately below the police chief or town
23 marshal.
24 (w) This subsection applies only to a correctional police officer
25 employed by the department of correction. A correctional police officer
26 may exercise the police powers described in subsection (d) if:
27 (1) the officer successfully completes the pre-basic course
28 described in subsection (f); and
29 (2) the officer successfully completes any other training courses
30 established by the department of correction in conjunction with
31 the board.
32 (x) This subsection applies only to the sexual assault training
33 described in subsection (a)(11). (a)(14).The board shall:
34 (1) consult with experts on the neurobiology of trauma, trauma
35 informed interviewing, and investigative techniques in developing
36 the sexual assault training; and
37 (2) develop the sexual assault training and begin offering the
38 training not later than July 1, 2022.
39 (y) After July 1, 2023, a law enforcement officer who regularly
40 investigates sexual assaults involving adult victims must complete the
41 training requirements described in subsection (a)(11) (a)(14) within
42 one (1) year of being assigned to regularly investigate sexual assaults
ES 294—LS 6794/DI 87 13
1 involving adult victims.
2 (z) A law enforcement officer who regularly investigates sexual
3 assaults involving adult victims may complete the training
4 requirements described in subsection (a)(11) (a)(14) by attending a:
5 (1) statewide or national training; or
6 (2) department hosted local training.
7 (aa) Notwithstanding any other provisions of this section, the board
8 is authorized to establish certain required standards of training and
9 procedure.
ES 294—LS 6794/DI 87 14
COMMITTEE REPORT
Madam President: The Senate Committee on Homeland Security
and Transportation, to which was referred Senate Bill No. 294, has had
the same under consideration and begs leave to report the same back
to the Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 5-2-1-1, AS AMENDED BY P.L.52-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. (a) In order to ensure the public safety and
general welfare of the people of the state of Indiana and to promote
equity for all segments of society, a program of mandatory training for
law enforcement officers is established.
(b) This chapter shall be interpreted to achieve said purposes
through the establishment of a consistent and uniform statewide:
(1) deadly force policy and training program; and
(2) defensive tactics policy and training program;
as well as minimum standards in regarding other law enforcement
training.
(c) It is the intent of this chapter to encourage all law enforcement
officers, departments, and agencies within this state to adopt standards
which are higher than the minimum standards implemented under this
chapter. and such minimum standards shall in no way be deemed
sufficient or adequate in those cases where higher standards have been
adopted or proposed. However, any policy or program created or
implemented pursuant to subsection (b)(1) or (b)(2) may not be
modified or altered in any way by any Indiana law enforcement
agency, office, or department.
(d) The chief executive officer of a law enforcement department or
agency in Indiana shall use all reasonable means to ensure that the law
enforcement officers within the department or agency comply with this
chapter. The chief executive officer shall submit to the executive
director of the board, not later than March 31 of each year, a written
report detailing the basic and inservice training status of each law
enforcement officer on the payroll of the department or agency. The
report must also include similarly detailed information pertaining to the
training status of each police reserve officer.
SECTION 2. IC 5-2-1-3, AS AMENDED BY P.L.187-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. There is created, as a criminal justice agency of
the state, a law enforcement training board to carry out the provisions
ES 294—LS 6794/DI 87 15
of this chapter. The board members are to be selected as provided by
this chapter. The board is composed of the following members:
(1) The superintendent of the Indiana state police department,
who representing the Indiana state police academy. The
superintendent shall serve as chairperson of the board.
(2) The executive director of the department of homeland security
appointed under IC 10-19-3-1. The executive director shall serve
as the vice chair of the board.
(3) The chief of police of a consolidated city, representing the
police department academy of the consolidated city.
(4) One (1) county sheriff from a county with a population of at
least one hundred thousand (100,000).
(5) One (1) county sheriff from a county of at least fifty thousand
(50,000) but less than one hundred thousand (100,000)
population.
(6) One (1) county sheriff from a county of under fifty thousand
(50,000) population.
(7) One (1) chief of police from a city of at least thirty-five
thousand (35,000) population, who is not the chief of police of a
consolidated city.
(8) One (1) chief of police from a city of at least ten thousand
(10,000) but under thirty-five thousand (35,000) population.
(9) One (1) chief of police, police officer, or town marshal from
a city or town of under ten thousand (10,000) population.
(10) One (1) prosecuting attorney.
(11) One (1) judge of a circuit or superior court exercising
criminal jurisdiction.
(12) The chief administrative officer of the Indiana law
enforcement academy.
(13) The commander of the northwest Indiana law
enforcement academy.
(14) The commander of the southwest Indiana law
enforcement academy.
(15) The commander of the Fort Wayne police department
academy.
(16) The commander of the Indiana University police
department academy.
(12) (17) One (1) member representing professional journalism.
(13) One (1) member representing the medical profession.
(14) (18) One (1) member representing education.
(15) (19) One (1) member representing a minority owned
business and industry. or nonprofit organization.
ES 294—LS 6794/DI 87 16
(16) One (1) member representing labor.
(17) (20) One (1) member representing Indiana elected officials
of counties, cities, and towns.
(21) Three (3) members representing the general public.".
Page 2, delete lines 1 through 34.
Page 2, line 41, delete "eleven (11)" and insert "twelve (12)".
Page 3, after line 21, begin a new paragraph and insert:
"SECTION 4. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 9. (a) The board shall adopt in accordance with
IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
The rules, which shall be adopted only after necessary and proper
investigation and inquiry by the board, shall include the establishment
of the following:
(1) A consistent and uniform statewide deadly force policy
and training program, that is consistent with state and federal
law. Upon adoption by the law enforcement training board,
the policy and training program must be implemented,
without modification, by all Indiana law enforcement
agencies, offices, or departments.
(2) A consistent and uniform statewide defensive tactics policy
and training program, that is consistent with state and federal
law. Upon adoption by the law enforcement training board,
the policy and training program must be implemented,
without modification, by all Indiana law enforcement
agencies, offices, or departments.
(3) A uniform statewide minimum standard for vehicle
pursuits consistent with state and federal law.
(1) (4) Minimum standards of physical, educational, mental, and
moral fitness which shall govern the acceptance of any person for
training by any law enforcement training school or academy
meeting or exceeding the minimum standards established
pursuant to this chapter.
(2) (5) Minimum standards for law enforcement training schools
administered by towns, cities, counties, law enforcement training
centers, agencies, or departments of the state.
(3) (6) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) (7) Minimum standards for a course of study on cultural
diversity awareness, including training on the U nonimmigrant
ES 294—LS 6794/DI 87 17
visa created through the federal Victims of Trafficking and
Violence Protection Act of 2000 (P.L. 106-386) that must be
required for each person accepted for training at a law
enforcement training school or academy. Cultural diversity
awareness study must include an understanding of cultural issues
related to race, religion, gender, age, domestic violence, national
origin, and physical and mental disabilities.
(5) (8) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) (9) Minimum basic training requirements which law
enforcement officers appointed to probationary terms shall
complete before being eligible for continued or permanent
employment.
(7) (10) Minimum basic training requirements which law
enforcement officers appointed on other than a permanent basis
shall complete in order to be eligible for continued employment
or permanent appointment.
(8) (11) Minimum basic training requirements which law
enforcement officers appointed on a permanent basis shall
complete in order to be eligible for continued employment.
(9) (12) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with:
(A) persons with autism, mental illness, addictive disorders,
intellectual disabilities, and developmental disabilities;
(B) missing endangered adults (as defined in IC 12-7-2-131.3);
and
(C) persons with Alzheimer's disease or related senile
dementia;
to be provided by persons approved by the secretary of family and
social services and the board. The training must include an
overview of the crisis intervention teams.
(10) (13) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws (IC
35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
ES 294—LS 6794/DI 87 18
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(11) (14) Minimum standards for ongoing specialized, intensive,
and integrative training for persons responsible for investigating
sexual assault cases involving adult victims. This training must
include instruction on:
(A) the neurobiology of trauma;
(B) trauma informed interviewing; and
(C) investigative techniques.
(12) (15) Minimum standards for de-escalation training.
De-escalation training shall be taught as a part of existing
use-of-force training and not as a separate topic.
(16) Minimum standards regarding best practices for crowd
control, protests, and First Amendment activities.
All statewide policies and minimum standards shall be documented
in writing and published on the ILEA website. Any policy,
standard, or training program implemented, adopted, or
promulgated by a vote of the board may only subsequently be
modified or rescinded by a two-thirds (2/3) majority vote of the
board.
(b) A law enforcement officer appointed after July 5, 1972, and
before July 1, 1993, may not enforce the laws or ordinances of the state
or any political subdivision unless the officer has, within one (1) year
from the date of appointment, successfully completed the minimum
basic training requirements established under this chapter by the board.
If a person fails to successfully complete the basic training
requirements within one (1) year from the date of employment, the
officer may not perform any of the duties of a law enforcement officer
involving control or direction of members of the public or exercising
the power of arrest until the officer has successfully completed the
training requirements. This subsection does not apply to any law
enforcement officer appointed before July 6, 1972, or after June 30,
1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which shall be calculated
ES 294—LS 6794/DI 87 19
by the aggregate of the time before and after the leave, for the purposes
of this chapter.
(d) Except as provided in subsections (e), (m), (t), and (u), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy or at a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
(e) This subsection does not apply to:
(1) a gaming agent employed as a law enforcement officer by the
Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
designated by the securities commissioner as a police officer of
the state under IC 23-19-6-1(k).
Before a law enforcement officer appointed after June 30, 1993,
completes the basic training requirements, the law enforcement officer
may exercise the police powers described in subsection (d) if the
officer successfully completes the pre-basic course established in
subsection (f). Successful completion of the pre-basic course authorizes
a law enforcement officer to exercise the police powers described in
subsection (d) for one (1) year after the date the law enforcement
officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish a
pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of
force, de-escalation training, interacting with individuals with autism,
and the operation of an emergency vehicle. The pre-basic course must
be offered on a periodic basis throughout the year at regional sites
statewide. The pre-basic course must consist of at least forty (40) hours
of course work. The board may prepare the classroom part of the
pre-basic course using available technology in conjunction with live
instruction. The board shall provide the course material, the instructors,
and the facilities at the regional sites throughout the state that are used
ES 294—LS 6794/DI 87 20
for the pre-basic course. In addition, the board may certify pre-basic
courses that may be conducted by other public or private training
entities, including postsecondary educational institutions.
(g) Subject to subsection (h), the board shall adopt rules under
IC 4-22-2 to establish a mandatory inservice training program for
police officers and police reserve officers (as described in
IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
satisfactorily completed basic training and has been appointed to a law
enforcement department or agency on either a full-time or part-time
basis is not eligible for continued employment unless the officer
satisfactorily completes the mandatory inservice training requirements
established by rules adopted by the board. Inservice training must
include de-escalation training. Inservice training must also include
training in interacting with persons with mental illness, addictive
disorders, intellectual disabilities, autism, developmental disabilities,
and Alzheimer's disease or related senile dementia, to be provided by
persons approved by the secretary of family and social services and the
board, and training concerning human and sexual trafficking and high
risk missing persons (as defined in IC 5-2-17-1). The board may
approve courses offered by other public or private training entities,
including postsecondary educational institutions, as necessary in order
to ensure the availability of an adequate number of inservice training
programs. The board may waive an officer's inservice training
requirements if the board determines that the officer's reason for
lacking the required amount of inservice training hours is due to either
an emergency situation or the unavailability of courses.
(h) This subsection applies only to a mandatory inservice training
program under subsection (g). Notwithstanding subsection (g), the
board may, without adopting rules under IC 4-22-2, modify the course
work of a training subject matter, modify the number of hours of
training required within a particular subject matter, or add a new
subject matter, if the board satisfies the following requirements:
(1) The board must conduct at least two (2) public meetings on
the proposed modification or addition.
(2) After approving the modification or addition at a public
meeting, the board must post notice of the modification or
addition on the Indiana law enforcement academy's Internet web
site at least thirty (30) days before the modification or addition
takes effect.
If the board does not satisfy the requirements of this subsection, the
modification or addition is void. This subsection does not authorize the
board to eliminate any inservice training subject matter required under
ES 294—LS 6794/DI 87 21
subsection (g).
(i) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(6) The program must require training in interacting with
individuals with autism.
(j) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force and de-escalation training.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(k) A police chief shall apply for admission to the executive training
program within two (2) months of the date the police chief initially
takes office. A police chief must successfully complete the executive
training program within six (6) months of the date the police chief
initially takes office. However, if space in the executive training
program is not available at a time that will allow completion of the
executive training program within six (6) months of the date the police
chief initially takes office, the police chief must successfully complete
the next available executive training program that is offered after the
ES 294—LS 6794/DI 87 22
police chief initially takes office.
(l) A police chief who fails to comply with subsection (k) may not
continue to serve as the police chief until completion of the executive
training program. For the purposes of this subsection and subsection
(k), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police
department; and
(3) the chief of a consolidated law enforcement department
established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these
purposes, but a town marshal may enroll in the executive training
program.
(m) A fire investigator in the department of homeland security
appointed after December 31, 1993, is required to comply with the
basic training standards established under this chapter.
(n) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(3).
(o) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for:
(A) at least two (2) years; and
(B) less than six (6) years before the officer is hired under
subdivision (1); and
(3) completed at any time a basic training course certified or
recognized by the board before the officer is hired under
subdivision (1).
(p) An officer to whom subsection (o) applies must successfully
complete the refresher course described in subsection (o) not later than
six (6) months after the officer's date of hire, or the officer loses the
officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is appointed by an Indiana law enforcement department or
ES 294—LS 6794/DI 87 23
agency as a reserve police officer; and
(2) has not worked as a reserve police officer for at least two (2)
years after:
(A) completing the pre-basic course; or
(B) leaving the individual's last appointment as a reserve
police officer.
An officer to whom this subsection applies must successfully complete
the refresher course established by the board in order to work as a
reserve police officer.
(r) This subsection applies to an individual who, at the time the
individual completes a board certified or recognized basic training
course, has not been appointed as a law enforcement officer by an
Indiana law enforcement department or agency. If the individual is not
employed as a law enforcement officer for at least two (2) years after
completing the basic training course, the individual must successfully
retake and complete the basic training course as set forth in subsection
(d).
(s) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an individual who:
(1) is appointed as a board certified instructor of law enforcement
training; and
(2) has not provided law enforcement training instruction for
more than one (1) year after the date the individual's instructor
certification expired.
An individual to whom this subsection applies must successfully
complete the refresher course established by the board in order to
renew the individual's instructor certification.
(t) This subsection applies only to a gaming agent employed as a
law enforcement officer by the Indiana gaming commission. A gaming
agent appointed after June 30, 2005, may exercise the police powers
described in subsection (d) if:
(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses
established by the Indiana gaming commission in conjunction
with the board.
(u) This subsection applies only to a securities enforcement officer
designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the police
powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the
pre-basic course established in subsection (f); and
ES 294—LS 6794/DI 87 24
(2) the securities enforcement officer successfully completes any
other training courses established by the securities commissioner
in conjunction with the board.
(v) As used in this section, "upper level policymaking position"
refers to the following:
(1) If the authorized size of the department or town marshal
system is not more than ten (10) members, the term refers to the
position held by the police chief or town marshal.
(2) If the authorized size of the department or town marshal
system is more than ten (10) members but less than fifty-one (51)
members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next rank and pay
grade immediately below the police chief or town marshal.
(3) If the authorized size of the department or town marshal
system is more than fifty (50) members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next two (2) ranks
and pay grades immediately below the police chief or town
marshal.
(w) This subsection applies only to a correctional police officer
employed by the department of correction. A correctional police officer
may exercise the police powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic course
described in subsection (f); and
(2) the officer successfully completes any other training courses
established by the department of correction in conjunction with
the board.
(x) This subsection applies only to the sexual assault training
described in subsection (a)(11). (a)(14).The board shall:
(1) consult with experts on the neurobiology of trauma, trauma
informed interviewing, and investigative techniques in developing
the sexual assault training; and
(2) develop the sexual assault training and begin offering the
training not later than July 1, 2022.
(y) After July 1, 2023, a law enforcement officer who regularly
investigates sexual assaults involving adult victims must complete the
training requirements described in subsection (a)(11) (a)(14) within
one (1) year of being assigned to regularly investigate sexual assaults
involving adult victims.
ES 294—LS 6794/DI 87 25
(z) A law enforcement officer who regularly investigates sexual
assaults involving adult victims may complete the training
requirements described in subsection (a)(11) (a)(14) by attending a:
(1) statewide or national training; or
(2) department hosted local training.
(aa) Notwithstanding any other provisions of this section, the board
is authorized to establish certain required standards of training and
procedure.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 294 as introduced.)
CRIDER, Chairperson
Committee Vote: Yeas 7, Nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Veterans Affairs and Public
Safety, to which was referred Senate Bill 294, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to SB 294 as printed January 26, 2022.)
FRYE R
Committee Vote: Yeas 9, Nays 0
ES 294—LS 6794/DI 87