IN
Indiana Senate Bill SB0294

Indiana 2022 Regular Session

Indiana Senate Bill SB0294 Compare Versions

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1+*SB0294.1*
2+January 26, 2022
3+SENATE BILL No. 294
4+_____
5+DIGEST OF SB 294 (Updated January 25, 2022 11:29 am - DI 143)
6+Citations Affected: IC 5-2.
7+Synopsis: Law enforcement training board. Changes the membership
8+of the law enforcement training board. Requires the creation of certain
9+statewide policies and training programs. Requires the creation of
10+minimum standards for certain best practices.
11+Effective: July 1, 2022.
12+Crider
13+January 10, 2022, read first time and referred to Committee on Homeland Security and
14+Transportation.
15+January 25, 2022, amended, reported favorably — Do Pass.
16+SB 294—LS 6794/DI 87 January 26, 2022
117 Second Regular Session of the 122nd General Assembly (2022)
218 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
319 Constitution) is being amended, the text of the existing provision will appear in this style type,
420 additions will appear in this style type, and deletions will appear in this style type.
521 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
622 provision adopted), the text of the new provision will appear in this style type. Also, the
723 word NEW will appear in that style type in the introductory clause of each SECTION that adds
824 a new provision to the Indiana Code or the Indiana Constitution.
925 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1026 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 294
12-AN ACT to amend the Indiana Code concerning state and local
13-administration.
27+SENATE BILL No. 294
28+A BILL FOR AN ACT to amend the Indiana Code concerning state
29+and local administration.
1430 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 5-2-1-1, AS AMENDED BY P.L.52-2005,
31+1 SECTION 1. IC 5-2-1-1, AS AMENDED BY P.L.52-2005,
32+2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33+3 JULY 1, 2022]: Sec. 1. (a) In order to ensure the public safety and
34+4 general welfare of the people of the state of Indiana and to promote
35+5 equity for all segments of society, a program of mandatory training for
36+6 law enforcement officers is established.
37+7 (b) This chapter shall be interpreted to achieve said purposes
38+8 through the establishment of a consistent and uniform statewide:
39+9 (1) deadly force policy and training program; and
40+10 (2) defensive tactics policy and training program;
41+11 as well as minimum standards in regarding other law enforcement
42+12 training.
43+13 (c) It is the intent of this chapter to encourage all law enforcement
44+14 officers, departments, and agencies within this state to adopt standards
45+15 which are higher than the minimum standards implemented under this
46+16 chapter. and such minimum standards shall in no way be deemed
47+17 sufficient or adequate in those cases where higher standards have been
48+SB 294—LS 6794/DI 87 2
49+1 adopted or proposed. However, any policy or program created or
50+2 implemented pursuant to subsection (b)(1) or (b)(2) may not be
51+3 modified or altered in any way by any Indiana law enforcement
52+4 agency, office, or department.
53+5 (d) The chief executive officer of a law enforcement department or
54+6 agency in Indiana shall use all reasonable means to ensure that the law
55+7 enforcement officers within the department or agency comply with this
56+8 chapter. The chief executive officer shall submit to the executive
57+9 director of the board, not later than March 31 of each year, a written
58+10 report detailing the basic and inservice training status of each law
59+11 enforcement officer on the payroll of the department or agency. The
60+12 report must also include similarly detailed information pertaining to the
61+13 training status of each police reserve officer.
62+14 SECTION 2. IC 5-2-1-3, AS AMENDED BY P.L.187-2021,
63+15 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
64+16 JULY 1, 2022]: Sec. 3. There is created, as a criminal justice agency of
65+17 the state, a law enforcement training board to carry out the provisions
66+18 of this chapter. The board members are to be selected as provided by
67+19 this chapter. The board is composed of the following members:
68+20 (1) The superintendent of the Indiana state police department,
69+21 who representing the Indiana state police academy. The
70+22 superintendent shall serve as chairperson of the board.
71+23 (2) The executive director of the department of homeland security
72+24 appointed under IC 10-19-3-1. The executive director shall serve
73+25 as the vice chair of the board.
74+26 (3) The chief of police of a consolidated city, representing the
75+27 police department academy of the consolidated city.
76+28 (4) One (1) county sheriff from a county with a population of at
77+29 least one hundred thousand (100,000).
78+30 (5) One (1) county sheriff from a county of at least fifty thousand
79+31 (50,000) but less than one hundred thousand (100,000)
80+32 population.
81+33 (6) One (1) county sheriff from a county of under fifty thousand
82+34 (50,000) population.
83+35 (7) One (1) chief of police from a city of at least thirty-five
84+36 thousand (35,000) population, who is not the chief of police of a
85+37 consolidated city.
86+38 (8) One (1) chief of police from a city of at least ten thousand
87+39 (10,000) but under thirty-five thousand (35,000) population.
88+40 (9) One (1) chief of police, police officer, or town marshal from
89+41 a city or town of under ten thousand (10,000) population.
90+42 (10) One (1) prosecuting attorney.
91+SB 294—LS 6794/DI 87 3
92+1 (11) One (1) judge of a circuit or superior court exercising
93+2 criminal jurisdiction.
94+3 (12) The chief administrative officer of the Indiana law
95+4 enforcement academy.
96+5 (13) The commander of the northwest Indiana law
97+6 enforcement academy.
98+7 (14) The commander of the southwest Indiana law
99+8 enforcement academy.
100+9 (15) The commander of the Fort Wayne police department
101+10 academy.
102+11 (16) The commander of the Indiana University police
103+12 department academy.
104+13 (12) (17) One (1) member representing professional journalism.
105+14 (13) One (1) member representing the medical profession.
106+15 (14) (18) One (1) member representing education.
107+16 (15) (19) One (1) member representing a minority owned
108+17 business and industry. or nonprofit organization.
109+18 (16) One (1) member representing labor.
110+19 (17) (20) One (1) member representing Indiana elected officials
111+20 of counties, cities, and towns.
112+21 (21) Three (3) members representing the general public.
113+22 SECTION 3. IC 5-2-1-4, AS AMENDED BY P.L.197-2011,
114+23 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
115+24 JULY 1, 2022]: Sec. 4. All members of the board shall be appointed to
116+25 the board by the governor. The appointments shall be made on a
117+26 bipartisan basis so that not more than one-half (1/2) of the members of
118+27 the board shall at any time be members of either of the two (2) major
119+28 political parties. Not more than twelve (12) members may be
120+29 members of the same political party. All appointments shall be for
121+30 terms of four (4) years or while maintaining the position held at the
122+31 time of appointment to the board, whichever is the lesser period.
123+32 Appointees to the board shall serve as members of the board only while
124+33 holding the office or position held at the time of appointment to the
125+34 board in order that the representative nature of the board outlined in
126+35 section 3 of this chapter may be maintained. However, each member of
127+36 the board shall serve until the member's successor has been appointed
128+37 and qualified, unless the member's services are terminated earlier for
129+38 sufficient reason. Vacancies on the board caused by expiration of a
130+39 term, termination of the office or position held at time of appointment,
131+40 or for any other reason shall be filled in the same manner as original
132+41 appointments. A member appointed to fill a vacancy created other than
133+42 by expiration of a term shall be appointed for the unexpired term of the
134+SB 294—LS 6794/DI 87 4
135+1 member succeeded in the same manner as an original appointment.
136+2 Members of the board may be reappointed for additional terms. All
137+3 members of the board shall serve, unless their services are terminated
138+4 earlier for sufficient reason, until their successors have been appointed
139+5 and qualified. Members of the board may be removed by the governor
140+6 for inefficiency, incompetence, neglect of duty, or other good cause
141+7 after having been accorded a hearing by the governor upon reasonable
142+8 notice of the charge being made against them.
143+9 SECTION 4. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
144+10 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
145+11 JULY 1, 2022]: Sec. 9. (a) The board shall adopt in accordance with
146+12 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
147+13 The rules, which shall be adopted only after necessary and proper
148+14 investigation and inquiry by the board, shall include the establishment
149+15 of the following:
150+16 (1) A consistent and uniform statewide deadly force policy
151+17 and training program, that is consistent with state and federal
152+18 law. Upon adoption by the law enforcement training board,
153+19 the policy and training program must be implemented,
154+20 without modification, by all Indiana law enforcement
155+21 agencies, offices, or departments.
156+22 (2) A consistent and uniform statewide defensive tactics policy
157+23 and training program, that is consistent with state and federal
158+24 law. Upon adoption by the law enforcement training board,
159+25 the policy and training program must be implemented,
160+26 without modification, by all Indiana law enforcement
161+27 agencies, offices, or departments.
162+28 (3) A uniform statewide minimum standard for vehicle
163+29 pursuits consistent with state and federal law.
164+30 (1) (4) Minimum standards of physical, educational, mental, and
165+31 moral fitness which shall govern the acceptance of any person for
166+32 training by any law enforcement training school or academy
167+33 meeting or exceeding the minimum standards established
168+34 pursuant to this chapter.
169+35 (2) (5) Minimum standards for law enforcement training schools
170+36 administered by towns, cities, counties, law enforcement training
171+37 centers, agencies, or departments of the state.
172+38 (3) (6) Minimum standards for courses of study, attendance
173+39 requirements, equipment, and facilities for approved town, city,
174+40 county, and state law enforcement officer, police reserve officer,
175+41 and conservation reserve officer training schools.
176+42 (4) (7) Minimum standards for a course of study on cultural
177+SB 294—LS 6794/DI 87 5
178+1 diversity awareness, including training on the U nonimmigrant
179+2 visa created through the federal Victims of Trafficking and
180+3 Violence Protection Act of 2000 (P.L. 106-386) that must be
181+4 required for each person accepted for training at a law
182+5 enforcement training school or academy. Cultural diversity
183+6 awareness study must include an understanding of cultural issues
184+7 related to race, religion, gender, age, domestic violence, national
185+8 origin, and physical and mental disabilities.
186+9 (5) (8) Minimum qualifications for instructors at approved law
187+10 enforcement training schools.
188+11 (6) (9) Minimum basic training requirements which law
189+12 enforcement officers appointed to probationary terms shall
190+13 complete before being eligible for continued or permanent
191+14 employment.
192+15 (7) (10) Minimum basic training requirements which law
193+16 enforcement officers appointed on other than a permanent basis
194+17 shall complete in order to be eligible for continued employment
195+18 or permanent appointment.
196+19 (8) (11) Minimum basic training requirements which law
197+20 enforcement officers appointed on a permanent basis shall
198+21 complete in order to be eligible for continued employment.
199+22 (9) (12) Minimum basic training requirements for each person
200+23 accepted for training at a law enforcement training school or
201+24 academy that include six (6) hours of training in interacting with:
202+25 (A) persons with autism, mental illness, addictive disorders,
203+26 intellectual disabilities, and developmental disabilities;
204+27 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
205+28 and
206+29 (C) persons with Alzheimer's disease or related senile
207+30 dementia;
208+31 to be provided by persons approved by the secretary of family and
209+32 social services and the board. The training must include an
210+33 overview of the crisis intervention teams.
211+34 (10) (13) Minimum standards for a course of study on human and
212+35 sexual trafficking that must be required for each person accepted
213+36 for training at a law enforcement training school or academy and
214+37 for inservice training programs for law enforcement officers. The
215+38 course must cover the following topics:
216+39 (A) Examination of the human and sexual trafficking laws
217+40 (IC 35-42-3.5).
218+41 (B) Identification of human and sexual trafficking.
219+42 (C) Communicating with traumatized persons.
220+SB 294—LS 6794/DI 87 6
221+1 (D) Therapeutically appropriate investigative techniques.
222+2 (E) Collaboration with federal law enforcement officials.
223+3 (F) Rights of and protections afforded to victims.
224+4 (G) Providing documentation that satisfies the Declaration of
225+5 Law Enforcement Officer for Victim of Trafficking in Persons
226+6 (Form I-914, Supplement B) requirements established under
227+7 federal law.
228+8 (H) The availability of community resources to assist human
229+9 and sexual trafficking victims.
230+10 (11) (14) Minimum standards for ongoing specialized, intensive,
231+11 and integrative training for persons responsible for investigating
232+12 sexual assault cases involving adult victims. This training must
233+13 include instruction on:
234+14 (A) the neurobiology of trauma;
235+15 (B) trauma informed interviewing; and
236+16 (C) investigative techniques.
237+17 (12) (15) Minimum standards for de-escalation training.
238+18 De-escalation training shall be taught as a part of existing
239+19 use-of-force training and not as a separate topic.
240+20 (16) Minimum standards regarding best practices for crowd
241+21 control, protests, and First Amendment activities.
242+22 All statewide policies and minimum standards shall be documented
243+23 in writing and published on the ILEA website. Any policy,
244+24 standard, or training program implemented, adopted, or
245+25 promulgated by a vote of the board may only subsequently be
246+26 modified or rescinded by a two-thirds (2/3) majority vote of the
247+27 board.
248+28 (b) A law enforcement officer appointed after July 5, 1972, and
249+29 before July 1, 1993, may not enforce the laws or ordinances of the state
250+30 or any political subdivision unless the officer has, within one (1) year
251+31 from the date of appointment, successfully completed the minimum
252+32 basic training requirements established under this chapter by the board.
253+33 If a person fails to successfully complete the basic training
254+34 requirements within one (1) year from the date of employment, the
255+35 officer may not perform any of the duties of a law enforcement officer
256+36 involving control or direction of members of the public or exercising
257+37 the power of arrest until the officer has successfully completed the
258+38 training requirements. This subsection does not apply to any law
259+39 enforcement officer appointed before July 6, 1972, or after June 30,
260+40 1993.
261+41 (c) Military leave or other authorized leave of absence from law
262+42 enforcement duty during the first year of employment after July 6,
263+SB 294—LS 6794/DI 87 7
264+1 1972, shall toll the running of the first year, which shall be calculated
265+2 by the aggregate of the time before and after the leave, for the purposes
266+3 of this chapter.
267+4 (d) Except as provided in subsections (e), (m), (t), and (u), a law
268+5 enforcement officer appointed to a law enforcement department or
269+6 agency after June 30, 1993, may not:
270+7 (1) make an arrest;
271+8 (2) conduct a search or a seizure of a person or property; or
272+9 (3) carry a firearm;
273+10 unless the law enforcement officer successfully completes, at a board
274+11 certified law enforcement academy or at a law enforcement training
275+12 center under section 10.5 or 15.2 of this chapter, the basic training
276+13 requirements established by the board under this chapter.
277+14 (e) This subsection does not apply to:
278+15 (1) a gaming agent employed as a law enforcement officer by the
279+16 Indiana gaming commission; or
280+17 (2) an:
281+18 (A) attorney; or
282+19 (B) investigator;
283+20 designated by the securities commissioner as a police officer of
284+21 the state under IC 23-19-6-1(k).
285+22 Before a law enforcement officer appointed after June 30, 1993,
286+23 completes the basic training requirements, the law enforcement officer
287+24 may exercise the police powers described in subsection (d) if the
288+25 officer successfully completes the pre-basic course established in
289+26 subsection (f). Successful completion of the pre-basic course authorizes
290+27 a law enforcement officer to exercise the police powers described in
291+28 subsection (d) for one (1) year after the date the law enforcement
292+29 officer is appointed.
293+30 (f) The board shall adopt rules under IC 4-22-2 to establish a
294+31 pre-basic course for the purpose of training:
295+32 (1) law enforcement officers;
296+33 (2) police reserve officers (as described in IC 36-8-3-20); and
297+34 (3) conservation reserve officers (as described in IC 14-9-8-27);
298+35 regarding the subjects of arrest, search and seizure, the lawful use of
299+36 force, de-escalation training, interacting with individuals with autism,
300+37 and the operation of an emergency vehicle. The pre-basic course must
301+38 be offered on a periodic basis throughout the year at regional sites
302+39 statewide. The pre-basic course must consist of at least forty (40) hours
303+40 of course work. The board may prepare the classroom part of the
304+41 pre-basic course using available technology in conjunction with live
305+42 instruction. The board shall provide the course material, the instructors,
306+SB 294—LS 6794/DI 87 8
307+1 and the facilities at the regional sites throughout the state that are used
308+2 for the pre-basic course. In addition, the board may certify pre-basic
309+3 courses that may be conducted by other public or private training
310+4 entities, including postsecondary educational institutions.
311+5 (g) Subject to subsection (h), the board shall adopt rules under
312+6 IC 4-22-2 to establish a mandatory inservice training program for
313+7 police officers and police reserve officers (as described in
314+8 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
315+9 satisfactorily completed basic training and has been appointed to a law
316+10 enforcement department or agency on either a full-time or part-time
317+11 basis is not eligible for continued employment unless the officer
318+12 satisfactorily completes the mandatory inservice training requirements
319+13 established by rules adopted by the board. Inservice training must
320+14 include de-escalation training. Inservice training must also include
321+15 training in interacting with persons with mental illness, addictive
322+16 disorders, intellectual disabilities, autism, developmental disabilities,
323+17 and Alzheimer's disease or related senile dementia, to be provided by
324+18 persons approved by the secretary of family and social services and the
325+19 board, and training concerning human and sexual trafficking and high
326+20 risk missing persons (as defined in IC 5-2-17-1). The board may
327+21 approve courses offered by other public or private training entities,
328+22 including postsecondary educational institutions, as necessary in order
329+23 to ensure the availability of an adequate number of inservice training
330+24 programs. The board may waive an officer's inservice training
331+25 requirements if the board determines that the officer's reason for
332+26 lacking the required amount of inservice training hours is due to either
333+27 an emergency situation or the unavailability of courses.
334+28 (h) This subsection applies only to a mandatory inservice training
335+29 program under subsection (g). Notwithstanding subsection (g), the
336+30 board may, without adopting rules under IC 4-22-2, modify the course
337+31 work of a training subject matter, modify the number of hours of
338+32 training required within a particular subject matter, or add a new
339+33 subject matter, if the board satisfies the following requirements:
340+34 (1) The board must conduct at least two (2) public meetings on
341+35 the proposed modification or addition.
342+36 (2) After approving the modification or addition at a public
343+37 meeting, the board must post notice of the modification or
344+38 addition on the Indiana law enforcement academy's Internet web
345+39 site at least thirty (30) days before the modification or addition
346+40 takes effect.
347+41 If the board does not satisfy the requirements of this subsection, the
348+42 modification or addition is void. This subsection does not authorize the
349+SB 294—LS 6794/DI 87 9
350+1 board to eliminate any inservice training subject matter required under
351+2 subsection (g).
352+3 (i) The board shall also adopt rules establishing a town marshal
353+4 basic training program, subject to the following:
354+5 (1) The program must require fewer hours of instruction and class
355+6 attendance and fewer courses of study than are required for the
356+7 mandated basic training program.
357+8 (2) Certain parts of the course materials may be studied by a
358+9 candidate at the candidate's home in order to fulfill requirements
359+10 of the program.
360+11 (3) Law enforcement officers successfully completing the
361+12 requirements of the program are eligible for appointment only in
362+13 towns employing the town marshal system (IC 36-5-7) and having
363+14 not more than one (1) marshal and two (2) deputies.
364+15 (4) The limitation imposed by subdivision (3) does not apply to an
365+16 officer who has successfully completed the mandated basic
366+17 training program.
367+18 (5) The time limitations imposed by subsections (b) and (c) for
368+19 completing the training are also applicable to the town marshal
369+20 basic training program.
370+21 (6) The program must require training in interacting with
371+22 individuals with autism.
372+23 (j) The board shall adopt rules under IC 4-22-2 to establish an
373+24 executive training program. The executive training program must
374+25 include training in the following areas:
375+26 (1) Liability.
376+27 (2) Media relations.
377+28 (3) Accounting and administration.
378+29 (4) Discipline.
379+30 (5) Department policy making.
380+31 (6) Lawful use of force and de-escalation training.
381+32 (7) Department programs.
382+33 (8) Emergency vehicle operation.
383+34 (9) Cultural diversity.
384+35 (k) A police chief shall apply for admission to the executive training
385+36 program within two (2) months of the date the police chief initially
386+37 takes office. A police chief must successfully complete the executive
387+38 training program within six (6) months of the date the police chief
388+39 initially takes office. However, if space in the executive training
389+40 program is not available at a time that will allow completion of the
390+41 executive training program within six (6) months of the date the police
391+42 chief initially takes office, the police chief must successfully complete
392+SB 294—LS 6794/DI 87 10
393+1 the next available executive training program that is offered after the
394+2 police chief initially takes office.
395+3 (l) A police chief who fails to comply with subsection (k) may not
396+4 continue to serve as the police chief until completion of the executive
397+5 training program. For the purposes of this subsection and subsection
398+6 (k), "police chief" refers to:
399+7 (1) the police chief of any city;
400+8 (2) the police chief of any town having a metropolitan police
401+9 department; and
402+10 (3) the chief of a consolidated law enforcement department
403+11 established under IC 36-3-1-5.1.
404+12 A town marshal is not considered to be a police chief for these
405+13 purposes, but a town marshal may enroll in the executive training
406+14 program.
407+15 (m) A fire investigator in the department of homeland security
408+16 appointed after December 31, 1993, is required to comply with the
409+17 basic training standards established under this chapter.
410+18 (n) The board shall adopt rules under IC 4-22-2 to establish a
411+19 program to certify handgun safety courses, including courses offered
412+20 in the private sector, that meet standards approved by the board for
413+21 training probation officers in handgun safety as required by
414+22 IC 11-13-1-3.5(3).
415+23 (o) The board shall adopt rules under IC 4-22-2 to establish a
416+24 refresher course for an officer who:
417+25 (1) is hired by an Indiana law enforcement department or agency
418+26 as a law enforcement officer;
419+27 (2) has not been employed as a law enforcement officer for:
420+28 (A) at least two (2) years; and
421+29 (B) less than six (6) years before the officer is hired under
422+30 subdivision (1); and
423+31 (3) completed at any time a basic training course certified or
424+32 recognized by the board before the officer is hired under
425+33 subdivision (1).
426+34 (p) An officer to whom subsection (o) applies must successfully
427+35 complete the refresher course described in subsection (o) not later than
428+36 six (6) months after the officer's date of hire, or the officer loses the
429+37 officer's powers of:
430+38 (1) arrest;
431+39 (2) search; and
432+40 (3) seizure.
433+41 (q) The board shall adopt rules under IC 4-22-2 to establish a
434+42 refresher course for an officer who:
435+SB 294—LS 6794/DI 87 11
436+1 (1) is appointed by an Indiana law enforcement department or
437+2 agency as a reserve police officer; and
438+3 (2) has not worked as a reserve police officer for at least two (2)
439+4 years after:
440+5 (A) completing the pre-basic course; or
441+6 (B) leaving the individual's last appointment as a reserve
442+7 police officer.
443+8 An officer to whom this subsection applies must successfully complete
444+9 the refresher course established by the board in order to work as a
445+10 reserve police officer.
446+11 (r) This subsection applies to an individual who, at the time the
447+12 individual completes a board certified or recognized basic training
448+13 course, has not been appointed as a law enforcement officer by an
449+14 Indiana law enforcement department or agency. If the individual is not
450+15 employed as a law enforcement officer for at least two (2) years after
451+16 completing the basic training course, the individual must successfully
452+17 retake and complete the basic training course as set forth in subsection
453+18 (d).
454+19 (s) The board shall adopt rules under IC 4-22-2 to establish a
455+20 refresher course for an individual who:
456+21 (1) is appointed as a board certified instructor of law enforcement
457+22 training; and
458+23 (2) has not provided law enforcement training instruction for
459+24 more than one (1) year after the date the individual's instructor
460+25 certification expired.
461+26 An individual to whom this subsection applies must successfully
462+27 complete the refresher course established by the board in order to
463+28 renew the individual's instructor certification.
464+29 (t) This subsection applies only to a gaming agent employed as a
465+30 law enforcement officer by the Indiana gaming commission. A gaming
466+31 agent appointed after June 30, 2005, may exercise the police powers
467+32 described in subsection (d) if:
468+33 (1) the agent successfully completes the pre-basic course
469+34 established in subsection (f); and
470+35 (2) the agent successfully completes any other training courses
471+36 established by the Indiana gaming commission in conjunction
472+37 with the board.
473+38 (u) This subsection applies only to a securities enforcement officer
474+39 designated as a law enforcement officer by the securities
475+40 commissioner. A securities enforcement officer may exercise the police
476+41 powers described in subsection (d) if:
477+42 (1) the securities enforcement officer successfully completes the
478+SB 294—LS 6794/DI 87 12
479+1 pre-basic course established in subsection (f); and
480+2 (2) the securities enforcement officer successfully completes any
481+3 other training courses established by the securities commissioner
482+4 in conjunction with the board.
483+5 (v) As used in this section, "upper level policymaking position"
484+6 refers to the following:
485+7 (1) If the authorized size of the department or town marshal
486+8 system is not more than ten (10) members, the term refers to the
487+9 position held by the police chief or town marshal.
488+10 (2) If the authorized size of the department or town marshal
489+11 system is more than ten (10) members but less than fifty-one (51)
490+12 members, the term refers to:
491+13 (A) the position held by the police chief or town marshal; and
492+14 (B) each position held by the members of the police
493+15 department or town marshal system in the next rank and pay
494+16 grade immediately below the police chief or town marshal.
495+17 (3) If the authorized size of the department or town marshal
496+18 system is more than fifty (50) members, the term refers to:
497+19 (A) the position held by the police chief or town marshal; and
498+20 (B) each position held by the members of the police
499+21 department or town marshal system in the next two (2) ranks
500+22 and pay grades immediately below the police chief or town
501+23 marshal.
502+24 (w) This subsection applies only to a correctional police officer
503+25 employed by the department of correction. A correctional police officer
504+26 may exercise the police powers described in subsection (d) if:
505+27 (1) the officer successfully completes the pre-basic course
506+28 described in subsection (f); and
507+29 (2) the officer successfully completes any other training courses
508+30 established by the department of correction in conjunction with
509+31 the board.
510+32 (x) This subsection applies only to the sexual assault training
511+33 described in subsection (a)(11). (a)(14).The board shall:
512+34 (1) consult with experts on the neurobiology of trauma, trauma
513+35 informed interviewing, and investigative techniques in developing
514+36 the sexual assault training; and
515+37 (2) develop the sexual assault training and begin offering the
516+38 training not later than July 1, 2022.
517+39 (y) After July 1, 2023, a law enforcement officer who regularly
518+40 investigates sexual assaults involving adult victims must complete the
519+41 training requirements described in subsection (a)(11) (a)(14) within
520+42 one (1) year of being assigned to regularly investigate sexual assaults
521+SB 294—LS 6794/DI 87 13
522+1 involving adult victims.
523+2 (z) A law enforcement officer who regularly investigates sexual
524+3 assaults involving adult victims may complete the training
525+4 requirements described in subsection (a)(11) (a)(14) by attending a:
526+5 (1) statewide or national training; or
527+6 (2) department hosted local training.
528+7 (aa) Notwithstanding any other provisions of this section, the board
529+8 is authorized to establish certain required standards of training and
530+9 procedure.
531+SB 294—LS 6794/DI 87 14
532+COMMITTEE REPORT
533+Madam President: The Senate Committee on Homeland Security
534+and Transportation, to which was referred Senate Bill No. 294, has had
535+the same under consideration and begs leave to report the same back
536+to the Senate with the recommendation that said bill be AMENDED as
537+follows:
538+Page 1, delete lines 1 through 17, begin a new paragraph and insert:
539+"SECTION 1. IC 5-2-1-1, AS AMENDED BY P.L.52-2005,
16540 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17541 JULY 1, 2022]: Sec. 1. (a) In order to ensure the public safety and
18542 general welfare of the people of the state of Indiana and to promote
19543 equity for all segments of society, a program of mandatory training for
20544 law enforcement officers is established.
21545 (b) This chapter shall be interpreted to achieve said purposes
22546 through the establishment of a consistent and uniform statewide:
23547 (1) deadly force policy and training program; and
24548 (2) defensive tactics policy and training program;
25549 as well as minimum standards in regarding other law enforcement
26550 training.
27551 (c) It is the intent of this chapter to encourage all law enforcement
28552 officers, departments, and agencies within this state to adopt standards
29553 which are higher than the minimum standards implemented under this
30554 chapter. and such minimum standards shall in no way be deemed
31555 sufficient or adequate in those cases where higher standards have been
32556 adopted or proposed. However, any policy or program created or
33557 implemented pursuant to subsection (b)(1) or (b)(2) may not be
34558 modified or altered in any way by any Indiana law enforcement
35559 agency, office, or department.
36-SEA 294 2
37560 (d) The chief executive officer of a law enforcement department or
38561 agency in Indiana shall use all reasonable means to ensure that the law
39562 enforcement officers within the department or agency comply with this
40563 chapter. The chief executive officer shall submit to the executive
41564 director of the board, not later than March 31 of each year, a written
42565 report detailing the basic and inservice training status of each law
43566 enforcement officer on the payroll of the department or agency. The
44567 report must also include similarly detailed information pertaining to the
45568 training status of each police reserve officer.
46569 SECTION 2. IC 5-2-1-3, AS AMENDED BY P.L.187-2021,
47570 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48571 JULY 1, 2022]: Sec. 3. There is created, as a criminal justice agency of
49572 the state, a law enforcement training board to carry out the provisions
573+SB 294—LS 6794/DI 87 15
50574 of this chapter. The board members are to be selected as provided by
51575 this chapter. The board is composed of the following members:
52576 (1) The superintendent of the Indiana state police department,
53577 who representing the Indiana state police academy. The
54578 superintendent shall serve as chairperson of the board.
55579 (2) The executive director of the department of homeland security
56580 appointed under IC 10-19-3-1. The executive director shall serve
57581 as the vice chair of the board.
58582 (3) The chief of police of a consolidated city, representing the
59583 police department academy of the consolidated city.
60584 (4) One (1) county sheriff from a county with a population of at
61585 least one hundred thousand (100,000).
62586 (5) One (1) county sheriff from a county of at least fifty thousand
63587 (50,000) but less than one hundred thousand (100,000)
64588 population.
65589 (6) One (1) county sheriff from a county of under fifty thousand
66590 (50,000) population.
67591 (7) One (1) chief of police from a city of at least thirty-five
68592 thousand (35,000) population, who is not the chief of police of a
69593 consolidated city.
70594 (8) One (1) chief of police from a city of at least ten thousand
71595 (10,000) but under thirty-five thousand (35,000) population.
72596 (9) One (1) chief of police, police officer, or town marshal from
73597 a city or town of under ten thousand (10,000) population.
74598 (10) One (1) prosecuting attorney.
75599 (11) One (1) judge of a circuit or superior court exercising
76600 criminal jurisdiction.
77601 (12) The chief administrative officer of the Indiana law
78602 enforcement academy.
79-SEA 294 3
80603 (13) The commander of the northwest Indiana law
81604 enforcement academy.
82605 (14) The commander of the southwest Indiana law
83606 enforcement academy.
84607 (15) The commander of the Fort Wayne police department
85608 academy.
86609 (16) The commander of the Indiana University police
87610 department academy.
88611 (12) (17) One (1) member representing professional journalism.
89612 (13) One (1) member representing the medical profession.
90613 (14) (18) One (1) member representing education.
91614 (15) (19) One (1) member representing a minority owned
92615 business and industry. or nonprofit organization.
616+SB 294—LS 6794/DI 87 16
93617 (16) One (1) member representing labor.
94618 (17) (20) One (1) member representing Indiana elected officials
95619 of counties, cities, and towns.
96-(21) Three (3) members representing the general public.
97-SECTION 3. IC 5-2-1-4, AS AMENDED BY P.L.197-2011,
98-SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
99-JULY 1, 2022]: Sec. 4. All members of the board shall be appointed to
100-the board by the governor. The appointments shall be made on a
101-bipartisan basis so that not more than one-half (1/2) of the members of
102-the board shall at any time be members of either of the two (2) major
103-political parties. Not more than twelve (12) members may be
104-members of the same political party. All appointments shall be for
105-terms of four (4) years or while maintaining the position held at the
106-time of appointment to the board, whichever is the lesser period.
107-Appointees to the board shall serve as members of the board only while
108-holding the office or position held at the time of appointment to the
109-board in order that the representative nature of the board outlined in
110-section 3 of this chapter may be maintained. However, each member of
111-the board shall serve until the member's successor has been appointed
112-and qualified, unless the member's services are terminated earlier for
113-sufficient reason. Vacancies on the board caused by expiration of a
114-term, termination of the office or position held at time of appointment,
115-or for any other reason shall be filled in the same manner as original
116-appointments. A member appointed to fill a vacancy created other than
117-by expiration of a term shall be appointed for the unexpired term of the
118-member succeeded in the same manner as an original appointment.
119-Members of the board may be reappointed for additional terms. All
120-members of the board shall serve, unless their services are terminated
121-earlier for sufficient reason, until their successors have been appointed
122-SEA 294 4
123-and qualified. Members of the board may be removed by the governor
124-for inefficiency, incompetence, neglect of duty, or other good cause
125-after having been accorded a hearing by the governor upon reasonable
126-notice of the charge being made against them.
127-SECTION 4. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
620+(21) Three (3) members representing the general public.".
621+Page 2, delete lines 1 through 34.
622+Page 2, line 41, delete "eleven (11)" and insert "twelve (12)".
623+Page 3, after line 21, begin a new paragraph and insert:
624+"SECTION 4. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
128625 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
129626 JULY 1, 2022]: Sec. 9. (a) The board shall adopt in accordance with
130627 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
131628 The rules, which shall be adopted only after necessary and proper
132629 investigation and inquiry by the board, shall include the establishment
133630 of the following:
134631 (1) A consistent and uniform statewide deadly force policy
135632 and training program, that is consistent with state and federal
136633 law. Upon adoption by the law enforcement training board,
137634 the policy and training program must be implemented,
138635 without modification, by all Indiana law enforcement
139636 agencies, offices, or departments.
140637 (2) A consistent and uniform statewide defensive tactics policy
141638 and training program, that is consistent with state and federal
142639 law. Upon adoption by the law enforcement training board,
143640 the policy and training program must be implemented,
144641 without modification, by all Indiana law enforcement
145642 agencies, offices, or departments.
146643 (3) A uniform statewide minimum standard for vehicle
147644 pursuits consistent with state and federal law.
148645 (1) (4) Minimum standards of physical, educational, mental, and
149646 moral fitness which shall govern the acceptance of any person for
150647 training by any law enforcement training school or academy
151648 meeting or exceeding the minimum standards established
152649 pursuant to this chapter.
153650 (2) (5) Minimum standards for law enforcement training schools
154651 administered by towns, cities, counties, law enforcement training
155652 centers, agencies, or departments of the state.
156653 (3) (6) Minimum standards for courses of study, attendance
157654 requirements, equipment, and facilities for approved town, city,
158655 county, and state law enforcement officer, police reserve officer,
159656 and conservation reserve officer training schools.
160657 (4) (7) Minimum standards for a course of study on cultural
161658 diversity awareness, including training on the U nonimmigrant
659+SB 294—LS 6794/DI 87 17
162660 visa created through the federal Victims of Trafficking and
163661 Violence Protection Act of 2000 (P.L. 106-386) that must be
164662 required for each person accepted for training at a law
165-SEA 294 5
166663 enforcement training school or academy. Cultural diversity
167664 awareness study must include an understanding of cultural issues
168665 related to race, religion, gender, age, domestic violence, national
169666 origin, and physical and mental disabilities.
170667 (5) (8) Minimum qualifications for instructors at approved law
171668 enforcement training schools.
172669 (6) (9) Minimum basic training requirements which law
173670 enforcement officers appointed to probationary terms shall
174671 complete before being eligible for continued or permanent
175672 employment.
176673 (7) (10) Minimum basic training requirements which law
177674 enforcement officers appointed on other than a permanent basis
178675 shall complete in order to be eligible for continued employment
179676 or permanent appointment.
180677 (8) (11) Minimum basic training requirements which law
181678 enforcement officers appointed on a permanent basis shall
182679 complete in order to be eligible for continued employment.
183680 (9) (12) Minimum basic training requirements for each person
184681 accepted for training at a law enforcement training school or
185682 academy that include six (6) hours of training in interacting with:
186683 (A) persons with autism, mental illness, addictive disorders,
187684 intellectual disabilities, and developmental disabilities;
188685 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
189686 and
190687 (C) persons with Alzheimer's disease or related senile
191688 dementia;
192689 to be provided by persons approved by the secretary of family and
193690 social services and the board. The training must include an
194691 overview of the crisis intervention teams.
195692 (10) (13) Minimum standards for a course of study on human and
196693 sexual trafficking that must be required for each person accepted
197694 for training at a law enforcement training school or academy and
198695 for inservice training programs for law enforcement officers. The
199696 course must cover the following topics:
200-(A) Examination of the human and sexual trafficking laws
201-(IC 35-42-3.5).
697+(A) Examination of the human and sexual trafficking laws (IC
698+35-42-3.5).
202699 (B) Identification of human and sexual trafficking.
203700 (C) Communicating with traumatized persons.
204701 (D) Therapeutically appropriate investigative techniques.
702+SB 294—LS 6794/DI 87 18
205703 (E) Collaboration with federal law enforcement officials.
206704 (F) Rights of and protections afforded to victims.
207705 (G) Providing documentation that satisfies the Declaration of
208-SEA 294 6
209706 Law Enforcement Officer for Victim of Trafficking in Persons
210707 (Form I-914, Supplement B) requirements established under
211708 federal law.
212709 (H) The availability of community resources to assist human
213710 and sexual trafficking victims.
214711 (11) (14) Minimum standards for ongoing specialized, intensive,
215712 and integrative training for persons responsible for investigating
216713 sexual assault cases involving adult victims. This training must
217714 include instruction on:
218715 (A) the neurobiology of trauma;
219716 (B) trauma informed interviewing; and
220717 (C) investigative techniques.
221718 (12) (15) Minimum standards for de-escalation training.
222719 De-escalation training shall be taught as a part of existing
223720 use-of-force training and not as a separate topic.
224721 (16) Minimum standards regarding best practices for crowd
225722 control, protests, and First Amendment activities.
226723 All statewide policies and minimum standards shall be documented
227724 in writing and published on the ILEA website. Any policy,
228725 standard, or training program implemented, adopted, or
229726 promulgated by a vote of the board may only subsequently be
230727 modified or rescinded by a two-thirds (2/3) majority vote of the
231728 board.
232729 (b) A law enforcement officer appointed after July 5, 1972, and
233730 before July 1, 1993, may not enforce the laws or ordinances of the state
234731 or any political subdivision unless the officer has, within one (1) year
235732 from the date of appointment, successfully completed the minimum
236733 basic training requirements established under this chapter by the board.
237734 If a person fails to successfully complete the basic training
238735 requirements within one (1) year from the date of employment, the
239736 officer may not perform any of the duties of a law enforcement officer
240737 involving control or direction of members of the public or exercising
241738 the power of arrest until the officer has successfully completed the
242739 training requirements. This subsection does not apply to any law
243740 enforcement officer appointed before July 6, 1972, or after June 30,
244741 1993.
245742 (c) Military leave or other authorized leave of absence from law
246743 enforcement duty during the first year of employment after July 6,
247744 1972, shall toll the running of the first year, which shall be calculated
745+SB 294—LS 6794/DI 87 19
248746 by the aggregate of the time before and after the leave, for the purposes
249747 of this chapter.
250748 (d) Except as provided in subsections (e), (m), (t), and (u), a law
251-SEA 294 7
252749 enforcement officer appointed to a law enforcement department or
253750 agency after June 30, 1993, may not:
254751 (1) make an arrest;
255752 (2) conduct a search or a seizure of a person or property; or
256753 (3) carry a firearm;
257754 unless the law enforcement officer successfully completes, at a board
258755 certified law enforcement academy or at a law enforcement training
259756 center under section 10.5 or 15.2 of this chapter, the basic training
260757 requirements established by the board under this chapter.
261758 (e) This subsection does not apply to:
262759 (1) a gaming agent employed as a law enforcement officer by the
263760 Indiana gaming commission; or
264761 (2) an:
265762 (A) attorney; or
266763 (B) investigator;
267764 designated by the securities commissioner as a police officer of
268765 the state under IC 23-19-6-1(k).
269766 Before a law enforcement officer appointed after June 30, 1993,
270767 completes the basic training requirements, the law enforcement officer
271768 may exercise the police powers described in subsection (d) if the
272769 officer successfully completes the pre-basic course established in
273770 subsection (f). Successful completion of the pre-basic course authorizes
274771 a law enforcement officer to exercise the police powers described in
275772 subsection (d) for one (1) year after the date the law enforcement
276773 officer is appointed.
277774 (f) The board shall adopt rules under IC 4-22-2 to establish a
278775 pre-basic course for the purpose of training:
279776 (1) law enforcement officers;
280777 (2) police reserve officers (as described in IC 36-8-3-20); and
281778 (3) conservation reserve officers (as described in IC 14-9-8-27);
282779 regarding the subjects of arrest, search and seizure, the lawful use of
283780 force, de-escalation training, interacting with individuals with autism,
284781 and the operation of an emergency vehicle. The pre-basic course must
285782 be offered on a periodic basis throughout the year at regional sites
286783 statewide. The pre-basic course must consist of at least forty (40) hours
287784 of course work. The board may prepare the classroom part of the
288785 pre-basic course using available technology in conjunction with live
289786 instruction. The board shall provide the course material, the instructors,
290787 and the facilities at the regional sites throughout the state that are used
788+SB 294—LS 6794/DI 87 20
291789 for the pre-basic course. In addition, the board may certify pre-basic
292790 courses that may be conducted by other public or private training
293791 entities, including postsecondary educational institutions.
294-SEA 294 8
295792 (g) Subject to subsection (h), the board shall adopt rules under
296793 IC 4-22-2 to establish a mandatory inservice training program for
297794 police officers and police reserve officers (as described in
298795 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
299796 satisfactorily completed basic training and has been appointed to a law
300797 enforcement department or agency on either a full-time or part-time
301798 basis is not eligible for continued employment unless the officer
302799 satisfactorily completes the mandatory inservice training requirements
303800 established by rules adopted by the board. Inservice training must
304801 include de-escalation training. Inservice training must also include
305802 training in interacting with persons with mental illness, addictive
306803 disorders, intellectual disabilities, autism, developmental disabilities,
307804 and Alzheimer's disease or related senile dementia, to be provided by
308805 persons approved by the secretary of family and social services and the
309806 board, and training concerning human and sexual trafficking and high
310807 risk missing persons (as defined in IC 5-2-17-1). The board may
311808 approve courses offered by other public or private training entities,
312809 including postsecondary educational institutions, as necessary in order
313810 to ensure the availability of an adequate number of inservice training
314811 programs. The board may waive an officer's inservice training
315812 requirements if the board determines that the officer's reason for
316813 lacking the required amount of inservice training hours is due to either
317814 an emergency situation or the unavailability of courses.
318815 (h) This subsection applies only to a mandatory inservice training
319816 program under subsection (g). Notwithstanding subsection (g), the
320817 board may, without adopting rules under IC 4-22-2, modify the course
321818 work of a training subject matter, modify the number of hours of
322819 training required within a particular subject matter, or add a new
323820 subject matter, if the board satisfies the following requirements:
324821 (1) The board must conduct at least two (2) public meetings on
325822 the proposed modification or addition.
326823 (2) After approving the modification or addition at a public
327824 meeting, the board must post notice of the modification or
328825 addition on the Indiana law enforcement academy's Internet web
329826 site at least thirty (30) days before the modification or addition
330827 takes effect.
331828 If the board does not satisfy the requirements of this subsection, the
332829 modification or addition is void. This subsection does not authorize the
333830 board to eliminate any inservice training subject matter required under
831+SB 294—LS 6794/DI 87 21
334832 subsection (g).
335833 (i) The board shall also adopt rules establishing a town marshal
336834 basic training program, subject to the following:
337-SEA 294 9
338835 (1) The program must require fewer hours of instruction and class
339836 attendance and fewer courses of study than are required for the
340837 mandated basic training program.
341838 (2) Certain parts of the course materials may be studied by a
342839 candidate at the candidate's home in order to fulfill requirements
343840 of the program.
344841 (3) Law enforcement officers successfully completing the
345842 requirements of the program are eligible for appointment only in
346843 towns employing the town marshal system (IC 36-5-7) and having
347844 not more than one (1) marshal and two (2) deputies.
348845 (4) The limitation imposed by subdivision (3) does not apply to an
349846 officer who has successfully completed the mandated basic
350847 training program.
351848 (5) The time limitations imposed by subsections (b) and (c) for
352849 completing the training are also applicable to the town marshal
353850 basic training program.
354851 (6) The program must require training in interacting with
355852 individuals with autism.
356853 (j) The board shall adopt rules under IC 4-22-2 to establish an
357854 executive training program. The executive training program must
358855 include training in the following areas:
359856 (1) Liability.
360857 (2) Media relations.
361858 (3) Accounting and administration.
362859 (4) Discipline.
363860 (5) Department policy making.
364861 (6) Lawful use of force and de-escalation training.
365862 (7) Department programs.
366863 (8) Emergency vehicle operation.
367864 (9) Cultural diversity.
368865 (k) A police chief shall apply for admission to the executive training
369866 program within two (2) months of the date the police chief initially
370867 takes office. A police chief must successfully complete the executive
371868 training program within six (6) months of the date the police chief
372869 initially takes office. However, if space in the executive training
373870 program is not available at a time that will allow completion of the
374871 executive training program within six (6) months of the date the police
375872 chief initially takes office, the police chief must successfully complete
376873 the next available executive training program that is offered after the
874+SB 294—LS 6794/DI 87 22
377875 police chief initially takes office.
378876 (l) A police chief who fails to comply with subsection (k) may not
379877 continue to serve as the police chief until completion of the executive
380-SEA 294 10
381878 training program. For the purposes of this subsection and subsection
382879 (k), "police chief" refers to:
383880 (1) the police chief of any city;
384881 (2) the police chief of any town having a metropolitan police
385882 department; and
386883 (3) the chief of a consolidated law enforcement department
387884 established under IC 36-3-1-5.1.
388885 A town marshal is not considered to be a police chief for these
389886 purposes, but a town marshal may enroll in the executive training
390887 program.
391888 (m) A fire investigator in the department of homeland security
392889 appointed after December 31, 1993, is required to comply with the
393890 basic training standards established under this chapter.
394891 (n) The board shall adopt rules under IC 4-22-2 to establish a
395892 program to certify handgun safety courses, including courses offered
396893 in the private sector, that meet standards approved by the board for
397894 training probation officers in handgun safety as required by
398895 IC 11-13-1-3.5(3).
399896 (o) The board shall adopt rules under IC 4-22-2 to establish a
400897 refresher course for an officer who:
401898 (1) is hired by an Indiana law enforcement department or agency
402899 as a law enforcement officer;
403900 (2) has not been employed as a law enforcement officer for:
404901 (A) at least two (2) years; and
405902 (B) less than six (6) years before the officer is hired under
406903 subdivision (1); and
407904 (3) completed at any time a basic training course certified or
408905 recognized by the board before the officer is hired under
409906 subdivision (1).
410907 (p) An officer to whom subsection (o) applies must successfully
411908 complete the refresher course described in subsection (o) not later than
412909 six (6) months after the officer's date of hire, or the officer loses the
413910 officer's powers of:
414911 (1) arrest;
415912 (2) search; and
416913 (3) seizure.
417914 (q) The board shall adopt rules under IC 4-22-2 to establish a
418915 refresher course for an officer who:
419916 (1) is appointed by an Indiana law enforcement department or
917+SB 294—LS 6794/DI 87 23
420918 agency as a reserve police officer; and
421919 (2) has not worked as a reserve police officer for at least two (2)
422920 years after:
423-SEA 294 11
424921 (A) completing the pre-basic course; or
425922 (B) leaving the individual's last appointment as a reserve
426923 police officer.
427924 An officer to whom this subsection applies must successfully complete
428925 the refresher course established by the board in order to work as a
429926 reserve police officer.
430927 (r) This subsection applies to an individual who, at the time the
431928 individual completes a board certified or recognized basic training
432929 course, has not been appointed as a law enforcement officer by an
433930 Indiana law enforcement department or agency. If the individual is not
434931 employed as a law enforcement officer for at least two (2) years after
435932 completing the basic training course, the individual must successfully
436933 retake and complete the basic training course as set forth in subsection
437934 (d).
438935 (s) The board shall adopt rules under IC 4-22-2 to establish a
439936 refresher course for an individual who:
440937 (1) is appointed as a board certified instructor of law enforcement
441938 training; and
442939 (2) has not provided law enforcement training instruction for
443940 more than one (1) year after the date the individual's instructor
444941 certification expired.
445942 An individual to whom this subsection applies must successfully
446943 complete the refresher course established by the board in order to
447944 renew the individual's instructor certification.
448945 (t) This subsection applies only to a gaming agent employed as a
449946 law enforcement officer by the Indiana gaming commission. A gaming
450947 agent appointed after June 30, 2005, may exercise the police powers
451948 described in subsection (d) if:
452949 (1) the agent successfully completes the pre-basic course
453950 established in subsection (f); and
454951 (2) the agent successfully completes any other training courses
455952 established by the Indiana gaming commission in conjunction
456953 with the board.
457954 (u) This subsection applies only to a securities enforcement officer
458955 designated as a law enforcement officer by the securities
459956 commissioner. A securities enforcement officer may exercise the police
460957 powers described in subsection (d) if:
461958 (1) the securities enforcement officer successfully completes the
462959 pre-basic course established in subsection (f); and
960+SB 294—LS 6794/DI 87 24
463961 (2) the securities enforcement officer successfully completes any
464962 other training courses established by the securities commissioner
465963 in conjunction with the board.
466-SEA 294 12
467964 (v) As used in this section, "upper level policymaking position"
468965 refers to the following:
469966 (1) If the authorized size of the department or town marshal
470967 system is not more than ten (10) members, the term refers to the
471968 position held by the police chief or town marshal.
472969 (2) If the authorized size of the department or town marshal
473970 system is more than ten (10) members but less than fifty-one (51)
474971 members, the term refers to:
475972 (A) the position held by the police chief or town marshal; and
476973 (B) each position held by the members of the police
477974 department or town marshal system in the next rank and pay
478975 grade immediately below the police chief or town marshal.
479976 (3) If the authorized size of the department or town marshal
480977 system is more than fifty (50) members, the term refers to:
481978 (A) the position held by the police chief or town marshal; and
482979 (B) each position held by the members of the police
483980 department or town marshal system in the next two (2) ranks
484981 and pay grades immediately below the police chief or town
485982 marshal.
486983 (w) This subsection applies only to a correctional police officer
487984 employed by the department of correction. A correctional police officer
488985 may exercise the police powers described in subsection (d) if:
489986 (1) the officer successfully completes the pre-basic course
490987 described in subsection (f); and
491988 (2) the officer successfully completes any other training courses
492989 established by the department of correction in conjunction with
493990 the board.
494991 (x) This subsection applies only to the sexual assault training
495992 described in subsection (a)(11). (a)(14).The board shall:
496993 (1) consult with experts on the neurobiology of trauma, trauma
497994 informed interviewing, and investigative techniques in developing
498995 the sexual assault training; and
499996 (2) develop the sexual assault training and begin offering the
500997 training not later than July 1, 2022.
501998 (y) After July 1, 2023, a law enforcement officer who regularly
502999 investigates sexual assaults involving adult victims must complete the
5031000 training requirements described in subsection (a)(11) (a)(14) within
5041001 one (1) year of being assigned to regularly investigate sexual assaults
5051002 involving adult victims.
1003+SB 294—LS 6794/DI 87 25
5061004 (z) A law enforcement officer who regularly investigates sexual
5071005 assaults involving adult victims may complete the training
5081006 requirements described in subsection (a)(11) (a)(14) by attending a:
509-SEA 294 13
5101007 (1) statewide or national training; or
5111008 (2) department hosted local training.
5121009 (aa) Notwithstanding any other provisions of this section, the board
5131010 is authorized to establish certain required standards of training and
514-procedure.
515-SEA 294 President of the Senate
516-President Pro Tempore
517-Speaker of the House of Representatives
518-Governor of the State of Indiana
519-Date: Time:
520-SEA 294
1011+procedure.".
1012+Renumber all SECTIONS consecutively.
1013+and when so amended that said bill do pass.
1014+(Reference is to SB 294 as introduced.)
1015+CRIDER, Chairperson
1016+Committee Vote: Yeas 7, Nays 0.
1017+SB 294—LS 6794/DI 87