Indiana 2023 Regular Session

Indiana House Bill HB1053 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1053
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-6-2-13; IC 5-2; IC 5-14-3-5.1.
7	7	Synopsis: Discriminatory profiling and pretextual stops. Honors the
8	8	memory of Byron Ratcliffe Sr. by doing the following: (1) Prohibits
9	9	discriminatory profiling and pretextual stops (discriminatory profiling
10	10	and stops) by law enforcement based on perceived age, gender, race,
11	11	or ethnicity. (2) Requires law enforcement agencies to: (A) adopt
12	12	policies regarding discriminatory profiling and stops; (B) submit
13	13	discriminatory profiling and stops data to the attorney general for
14	14	inclusion in an annual report to the legislative council; and (C)
15	15	establish standards for the use of vehicle and body cameras. (3)
16	16	Establishes law enforcement officer training regarding discriminatory
17	17	profiling and stops. (4) Establishes the discriminatory profiling review
18	18	commission to review complaints. (5) Provides for a civil action based
19	19	on discriminatory profiling and stops. Makes technical corrections.
20	20	Effective: July 1, 2023.
21	21	Pryor
22	22	January 9, 2023, read first time and referred to Committee on Veterans Affairs and Public
23	23	Safety.
24	24	2023 IN 1053—LS 6547/DI 87 Introduced
25	25	First Regular Session of the 123rd General Assembly (2023)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2022 Regular Session of the General Assembly.
35	35	HOUSE BILL No. 1053
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning state
37	37	and local administration.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 4-6-2-13 IS ADDED TO THE INDIANA CODE
40	40	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
41	41	3 1, 2023]: Sec. 13. (a) The definitions set forth in IC 5-2-25 apply
42	42	4 throughout this section.
43	43	5 (b) Before November 1, 2024, and every year thereafter, the
44	44	6 attorney general shall submit a report to the legislative council
45	45	7 concerning discriminatory profiling and pretextual stops. The
46	46	8 report must be based on information received from law
47	47	9 enforcement agencies under IC 5-2-25-12 and must include the
48	48	10 following information:
49	49	11 (1) The number of complaints filed alleging discriminatory
50	50	12 profiling and pretextual stops.
51	51	13 (2) The results of each investigation into any complaint
52	52	14 described under subdivision (1).
53	53	15 (3) If a complaint described under subdivision (1) is
54	54	16 substantiated, the action taken against the law enforcement
55	55	17 officer.
56	56	2023 IN 1053—LS 6547/DI 87 2
57	57	1 (4) A summary of the detailed statistical analysis of traffic
58	58	2 stops and pedestrian stops conducted by law enforcement
59	59	3 agencies based on the third party analysis described in
60	60	4 subsection (d).
61	61	5 (5) Any statistical or other information received from law
62	62	6 enforcement agencies that the attorney general believes would
63	63	7 be useful to the legislative council.
64	64	8 The report submitted to the legislative council must be in an
65	65	9 electronic format under IC 5-14-6. Not later than thirty (30) days
66	66	10 after submitting the report to the legislative council, the attorney
67	67	11 general shall publish a copy of the report on the attorney general's
68	68	12 website.
69	69	13 (c) The attorney general and the director of the civil rights
70	70	14 commission may recommend legislation based on the contents of
71	71	15 the report.
72	72	16 (d) At least quarterly, the attorney general shall provide
73	73	17 compiled, anonymous data concerning law enforcement agency
74	74	18 stops to a third party for statistical analysis of the data. The
75	75	19 attorney general shall publish the results of the analysis on the
76	76	20 attorney general's website, updating the website at least quarterly.
77	77	21 Data transmitted to the legislative council or the third party
78	78	22 analyst or published on the attorney general's website may not
79	79	23 include any personal identifying information.
80	80	24 (e) Information received by the attorney general from a law
81	81	25 enforcement agency under IC 5-2-25-12 that is:
82	82	26 (1) not published in a compiled and redacted form; and
83	83	27 (2) not released to the public:
84	84	28 (A) in the report to the legislative council; or
85	85	29 (B) on the website of the attorney general or the law
86	86	30 enforcement agency under IC 5-2-25-12;
87	87	31 is confidential and may not be disclosed under IC 5-14-3.
88	88	32 SECTION 2. IC 5-2-1-9, AS AMENDED BY THE TECHNICAL
89	89	33 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
90	90	34 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:
91	91	35 Sec. 9. (a) The board shall adopt in accordance with IC 4-22-2 all
92	92	36 necessary rules to carry out the provisions of this chapter. The rules,
93	93	37 which shall be adopted only after necessary and proper investigation
94	94	38 and inquiry by the board, shall include the establishment of the
95	95	39 following:
96	96	40 (1) A consistent and uniform statewide deadly force policy and
97	97	41 training program, that is consistent with state and federal law.
98	98	42 Upon adoption by the law enforcement training board, the policy
99	99	2023 IN 1053—LS 6547/DI 87 3
100	100	1 and training program must be implemented, without modification,
101	101	2 by all Indiana law enforcement agencies, offices, or departments.
102	102	3 (2) A consistent and uniform statewide defensive tactics policy
103	103	4 and training program, that is consistent with state and federal law.
104	104	5 Upon adoption by the law enforcement training board, the policy
105	105	6 and training program must be implemented, without modification,
106	106	7 by all Indiana law enforcement agencies, offices, or departments.
107	107	8 (3) A uniform statewide minimum standard for vehicle pursuits
108	108	9 consistent with state and federal law.
109	109	10 (4) Minimum standards of physical, educational, mental, and
110	110	11 moral fitness which shall govern the acceptance of any person for
111	111	12 training by any law enforcement training school or academy
112	112	13 meeting or exceeding the minimum standards established
113	113	14 pursuant to this chapter.
114	114	15 (5) Minimum standards for law enforcement training schools
115	115	16 administered by towns, cities, counties, law enforcement training
116	116	17 centers, agencies, or departments of the state.
117	117	18 (6) Minimum standards for courses of study, attendance
118	118	19 requirements, equipment, and facilities for approved town, city,
119	119	20 county, and state law enforcement officer, police reserve officer,
120	120	21 and conservation reserve officer training schools.
121	121	22 (7) Minimum standards for a course of study on cultural diversity
122	122	23 awareness, including training on the U nonimmigrant visa created
123	123	24 through the federal Victims of Trafficking and Violence
124	124	25 Protection Act of 2000 (P.L. 106-386) that must be required for
125	125	26 each person accepted for training at a law enforcement training
126	126	27 school or academy. The cultural diversity awareness course of
127	127	28 study must include:
128	128	29 (A) an understanding of cultural issues related to race,
129	129	30 religion, gender, age, domestic violence, national origin, and
130	130	31 physical and mental disabilities; and
131	131	32 (B) a study of discriminatory profiling (as defined in
132	132	33 IC 5-2-25-2) and pretextual stops (as defined in
133	133	34 IC 5-2-25-6) that includes examining patterns, practices,
134	134	35 and protocols comprising discriminatory profiling and
135	135	36 pretextual stops.
136	136	37 In establishing a program of study, the board shall consult
137	137	38 with persons having expertise and interest in the field of
138	138	39 cultural diversity awareness and the prevention of
139	139	40 discriminatory profiling and pretextual stops.
140	140	41 (8) Minimum qualifications for instructors at approved law
141	141	42 enforcement training schools.
142	142	2023 IN 1053—LS 6547/DI 87 4
143	143	1 (9) Minimum basic training requirements which law enforcement
144	144	2 officers appointed to probationary terms shall complete before
145	145	3 being eligible for continued or permanent employment.
146	146	4 (10) Minimum basic training requirements which law
147	147	5 enforcement officers appointed on other than a permanent basis
148	148	6 shall complete in order to be eligible for continued employment
149	149	7 or permanent appointment.
150	150	8 (11) Minimum basic training requirements which law
151	151	9 enforcement officers appointed on a permanent basis shall
152	152	10 complete in order to be eligible for continued employment.
153	153	11 (12) Minimum basic training requirements for each person
154	154	12 accepted for training at a law enforcement training school or
155	155	13 academy that include six (6) hours of training in interacting with:
156	156	14 (A) persons with autism, mental illness, addictive disorders,
157	157	15 intellectual disabilities, and developmental disabilities;
158	158	16 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
159	159	17 and
160	160	18 (C) persons with Alzheimer's disease or related senile
161	161	19 dementia;
162	162	20 to be provided by persons approved by the secretary of family and
163	163	21 social services and the board. The training must include an
164	164	22 overview of the crisis intervention teams.
165	165	23 (13) Minimum standards for a course of study on human and
166	166	24 sexual trafficking that must be required for each person accepted
167	167	25 for training at a law enforcement training school or academy and
168	168	26 for inservice training programs for law enforcement officers. The
169	169	27 course must cover the following topics:
170	170	28 (A) Examination of the human and sexual trafficking laws (IC
171	171	29 35-42-3.5).
172	172	30 (B) Identification of human and sexual trafficking.
173	173	31 (C) Communicating with traumatized persons.
174	174	32 (D) Therapeutically appropriate investigative techniques.
175	175	33 (E) Collaboration with federal law enforcement officials.
176	176	34 (F) Rights of and protections afforded to victims.
177	177	35 (G) Providing documentation that satisfies the Declaration of
178	178	36 Law Enforcement Officer for Victim of Trafficking in Persons
179	179	37 (Form I-914, Supplement B) requirements established under
180	180	38 federal law.
181	181	39 (H) The availability of community resources to assist human
182	182	40 and sexual trafficking victims.
183	183	41 (14) Minimum standards for ongoing specialized, intensive, and
184	184	42 integrative training for persons responsible for investigating
185	185	2023 IN 1053—LS 6547/DI 87 5
186	186	1 sexual assault cases involving adult victims. This training must
187	187	2 include instruction on:
188	188	3 (A) the neurobiology of trauma;
189	189	4 (B) trauma informed interviewing; and
190	190	5 (C) investigative techniques.
191	191	6 (15) Minimum standards for de-escalation training. De-escalation
192	192	7 training shall be taught as a part of existing use-of-force training
193	193	8 and not as a separate topic.
194	194	9 (16) Minimum standards regarding best practices for crowd
195	195	10 control, protests, and First Amendment activities.
196	196	11 All statewide policies and minimum standards shall be documented in
197	197	12 writing and published on the Indiana law enforcement academy
198	198	13 (ILEA) website. Any policy, standard, or training program
199	199	14 implemented, adopted, or promulgated by a vote of the board may only
200	200	15 subsequently be modified or rescinded by a two-thirds (2/3) majority
201	201	16 vote of the board.
202	202	17 (b) A law enforcement officer appointed after July 5, 1972, and
203	203	18 before July 1, 1993, may not enforce the laws or ordinances of the state
204	204	19 or any political subdivision unless the officer has, within one (1) year
205	205	20 from the date of appointment, successfully completed the minimum
206	206	21 basic training requirements established under this chapter by the board.
207	207	22 If a person fails to successfully complete the basic training
208	208	23 requirements within one (1) year from the date of employment, the
209	209	24 officer may not perform any of the duties of a law enforcement officer
210	210	25 involving control or direction of members of the public or exercising
211	211	26 the power of arrest until the officer has successfully completed the
212	212	27 training requirements. This subsection does not apply to any law
213	213	28 enforcement officer appointed before July 6, 1972, or after June 30,
214	214	29 1993.
215	215	30 (c) Military leave or other authorized leave of absence from law
216	216	31 enforcement duty during the first year of employment after July 6,
217	217	32 1972, shall toll the running of the first year, which shall be calculated
218	218	33 by the aggregate of the time before and after the leave, for the purposes
219	219	34 of this chapter.
220	220	35 (d) Except as provided in subsections (e), (m), (t), and (u), a law
221	221	36 enforcement officer appointed to a law enforcement department or
222	222	37 agency after June 30, 1993, may not:
223	223	38 (1) make an arrest;
224	224	39 (2) conduct a search or a seizure of a person or property; or
225	225	40 (3) carry a firearm;
226	226	41 unless the law enforcement officer successfully completes, at a board
227	227	42 certified law enforcement academy or at a law enforcement training
228	228	2023 IN 1053—LS 6547/DI 87 6
229	229	1 center under section 10.5 or 15.2 of this chapter, the basic training
230	230	2 requirements established by the board under this chapter.
231	231	3 (e) This subsection does not apply to:
232	232	4 (1) a gaming agent employed as a law enforcement officer by the
233	233	5 Indiana gaming commission; or
234	234	6 (2) an:
235	235	7 (A) attorney; or
236	236	8 (B) investigator;
237	237	9 designated by the securities commissioner as a police officer of
238	238	10 the state under IC 23-19-6-1(k).
239	239	11 Before a law enforcement officer appointed after June 30, 1993,
240	240	12 completes the basic training requirements, the law enforcement officer
241	241	13 may exercise the police powers described in subsection (d) if the
242	242	14 officer successfully completes the pre-basic course established in
243	243	15 subsection (f). Successful completion of the pre-basic course authorizes
244	244	16 a law enforcement officer to exercise the police powers described in
245	245	17 subsection (d) for one (1) year after the date the law enforcement
246	246	18 officer is appointed.
247	247	19 (f) The board shall adopt rules under IC 4-22-2 to establish a
248	248	20 pre-basic course for the purpose of training:
249	249	21 (1) law enforcement officers;
250	250	22 (2) police reserve officers (as described in IC 36-8-3-20); and
251	251	23 (3) conservation reserve officers (as described in IC 14-9-8-27);
252	252	24 regarding the subjects of arrest, search and seizure, the lawful use of
253	253	25 force, de-escalation training, interacting with individuals with autism,
254	254	26 and the operation of an emergency vehicle. The pre-basic course must
255	255	27 be offered on a periodic basis throughout the year at regional sites
256	256	28 statewide. The pre-basic course must consist of at least forty (40) hours
257	257	29 of course work. The board may prepare the classroom part of the
258	258	30 pre-basic course using available technology in conjunction with live
259	259	31 instruction. The board shall provide the course material, the instructors,
260	260	32 and the facilities at the regional sites throughout the state that are used
261	261	33 for the pre-basic course. In addition, the board may certify pre-basic
262	262	34 courses that may be conducted by other public or private training
263	263	35 entities, including postsecondary educational institutions.
264	264	36 (g) Subject to subsection (h), the board shall adopt rules under
265	265	37 IC 4-22-2 to establish a mandatory inservice training program for
266	266	38 police officers and police reserve officers (as described in
267	267	39 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
268	268	40 satisfactorily completed basic training and has been appointed to a law
269	269	41 enforcement department or agency on either a full-time or part-time
270	270	42 basis is not eligible for continued employment unless the officer
271	271	2023 IN 1053—LS 6547/DI 87 7
272	272	1 satisfactorily completes the mandatory inservice training requirements
273	273	2 established by rules adopted by the board. Inservice training must
274	274	3 include:
275	275	4 (1) de-escalation training; Inservice training must also include
276	276	5 (2) training:
277	277	6 (A) in interacting with persons with mental illness, addictive
278	278	7 disorders, intellectual disabilities, autism, developmental
279	279	8 disabilities, and Alzheimer's disease or related senile
280	280	9 dementia; and
281	281	10 (B) to be provided by persons approved by the secretary of
282	282	11 family and social services and the board; and
283	283	12 (3) training concerning:
284	284	13 (A) human and sexual trafficking;
285	285	14 (B) cultural diversity;
286	286	15 (C) discriminatory profiling (as defined in IC 5-2-25-2) and
287	287	16 pretextual stops (as defined in IC 5-2-25-6); and
288	288	17 (D) high risk missing persons (as defined in IC 5-2-17-1).
289	289	18 The board may approve courses offered by other public or private
290	290	19 training entities, including postsecondary educational institutions, as
291	291	20 necessary in order to ensure the availability of an adequate number of
292	292	21 inservice training programs. The board may waive an officer's inservice
293	293	22 training requirements if the board determines that the officer's reason
294	294	23 for lacking the required amount of inservice training hours is due to
295	295	24 either an emergency situation or the unavailability of courses.
296	296	25 (h) This subsection applies only to a mandatory inservice training
297	297	26 program under subsection (g). Notwithstanding subsection (g), the
298	298	27 board may, without adopting rules under IC 4-22-2, modify the course
299	299	28 work of a training subject matter, modify the number of hours of
300	300	29 training required within a particular subject matter, or add a new
301	301	30 subject matter, if the board satisfies the following requirements:
302	302	31 (1) The board must conduct at least two (2) public meetings on
303	303	32 the proposed modification or addition.
304	304	33 (2) After approving the modification or addition at a public
305	305	34 meeting, the board must post notice of the modification or
306	306	35 addition on the Indiana law enforcement academy's Internet web
307	307	36 site website at least thirty (30) days before the modification or
308	308	37 addition takes effect.
309	309	38 If the board does not satisfy the requirements of this subsection, the
310	310	39 modification or addition is void. This subsection does not authorize the
311	311	40 board to eliminate any inservice training subject matter required under
312	312	41 subsection (g).
313	313	42 (i) The board shall also adopt rules establishing a town marshal
314	314	2023 IN 1053—LS 6547/DI 87 8
315	315	1 basic training program, subject to the following:
316	316	2 (1) The program must require fewer hours of instruction and class
317	317	3 attendance and fewer courses of study than are required for the
318	318	4 mandated basic training program.
319	319	5 (2) Certain parts of the course materials may be studied by a
320	320	6 candidate at the candidate's home in order to fulfill requirements
321	321	7 of the program.
322	322	8 (3) Law enforcement officers successfully completing the
323	323	9 requirements of the program are eligible for appointment only in
324	324	10 towns employing the town marshal system (IC 36-5-7) and having
325	325	11 not more than one (1) marshal and two (2) deputies.
326	326	12 (4) The limitation imposed by subdivision (3) does not apply to an
327	327	13 officer who has successfully completed the mandated basic
328	328	14 training program.
329	329	15 (5) The time limitations imposed by subsections (b) and (c) for
330	330	16 completing the training are also applicable to the town marshal
331	331	17 basic training program.
332	332	18 (6) The program must require training in interacting with
333	333	19 individuals with autism.
334	334	20 (j) The board shall adopt rules under IC 4-22-2 to establish an
335	335	21 executive training program. The executive training program must
336	336	22 include training in the following areas:
337	337	23 (1) Liability.
338	338	24 (2) Media relations.
339	339	25 (3) Accounting and administration.
340	340	26 (4) Discipline.
341	341	27 (5) Department policy making.
342	342	28 (6) Lawful use of force and de-escalation training.
343	343	29 (7) Department programs.
344	344	30 (8) Emergency vehicle operation.
345	345	31 (9) Cultural diversity.
346	346	32 (k) A police chief shall apply for admission to the executive training
347	347	33 program within two (2) months of the date the police chief initially
348	348	34 takes office. A police chief must successfully complete the executive
349	349	35 training program within six (6) months of the date the police chief
350	350	36 initially takes office. However, if space in the executive training
351	351	37 program is not available at a time that will allow completion of the
352	352	38 executive training program within six (6) months of the date the police
353	353	39 chief initially takes office, the police chief must successfully complete
354	354	40 the next available executive training program that is offered after the
355	355	41 police chief initially takes office.
356	356	42 (l) A police chief who fails to comply with subsection (k) may not
357	357	2023 IN 1053—LS 6547/DI 87 9
358	358	1 continue to serve as the police chief until completion of the executive
359	359	2 training program. For the purposes of this subsection and subsection
360	360	3 (k), "police chief" refers to:
361	361	4 (1) the police chief of any city;
362	362	5 (2) the police chief of any town having a metropolitan police
363	363	6 department; and
364	364	7 (3) the chief of a consolidated law enforcement department
365	365	8 established under IC 36-3-1-5.1.
366	366	9 A town marshal is not considered to be a police chief for these
367	367	10 purposes, but a town marshal may enroll in the executive training
368	368	11 program.
369	369	12 (m) A fire investigator in the department of homeland security
370	370	13 appointed after December 31, 1993, is required to comply with the
371	371	14 basic training standards established under this chapter.
372	372	15 (n) The board shall adopt rules under IC 4-22-2 to establish a
373	373	16 program to certify handgun safety courses, including courses offered
374	374	17 in the private sector, that meet standards approved by the board for
375	375	18 training probation officers in handgun safety as required by
376	376	19 IC 11-13-1-3.5(2).
377	377	20 (o) The board shall adopt rules under IC 4-22-2 to establish a
378	378	21 refresher course for an officer who:
379	379	22 (1) is hired by an Indiana law enforcement department or agency
380	380	23 as a law enforcement officer;
381	381	24 (2) has not been employed as a law enforcement officer for:
382	382	25 (A) at least two (2) years; and
383	383	26 (B) less than six (6) years before the officer is hired under
384	384	27 subdivision (1); and
385	385	28 (3) completed at any time a basic training course certified or
386	386	29 recognized by the board before the officer is hired under
387	387	30 subdivision (1).
388	388	31 (p) An officer to whom subsection (o) applies must successfully
389	389	32 complete the refresher course described in subsection (o) not later than
390	390	33 six (6) months after the officer's date of hire, or the officer loses the
391	391	34 officer's powers of:
392	392	35 (1) arrest;
393	393	36 (2) search; and
394	394	37 (3) seizure.
395	395	38 (q) The board shall adopt rules under IC 4-22-2 to establish a
396	396	39 refresher course for an officer who:
397	397	40 (1) is appointed by an Indiana law enforcement department or
398	398	41 agency as a reserve police officer; and
399	399	42 (2) has not worked as a reserve police officer for at least two (2)
400	400	2023 IN 1053—LS 6547/DI 87 10
401	401	1 years after:
402	402	2 (A) completing the pre-basic course; or
403	403	3 (B) leaving the individual's last appointment as a reserve
404	404	4 police officer.
405	405	5 An officer to whom this subsection applies must successfully complete
406	406	6 the refresher course established by the board in order to work as a
407	407	7 reserve police officer.
408	408	8 (r) This subsection applies to an individual who, at the time the
409	409	9 individual completes a board certified or recognized basic training
410	410	10 course, has not been appointed as a law enforcement officer by an
411	411	11 Indiana law enforcement department or agency. If the individual is not
412	412	12 employed as a law enforcement officer for at least two (2) years after
413	413	13 completing the basic training course, the individual must successfully
414	414	14 retake and complete the basic training course as set forth in subsection
415	415	15 (d).
416	416	16 (s) The board shall adopt rules under IC 4-22-2 to establish a
417	417	17 refresher course for an individual who:
418	418	18 (1) is appointed as a board certified instructor of law enforcement
419	419	19 training; and
420	420	20 (2) has not provided law enforcement training instruction for
421	421	21 more than one (1) year after the date the individual's instructor
422	422	22 certification expired.
423	423	23 An individual to whom this subsection applies must successfully
424	424	24 complete the refresher course established by the board in order to
425	425	25 renew the individual's instructor certification.
426	426	26 (t) This subsection applies only to a gaming agent employed as a
427	427	27 law enforcement officer by the Indiana gaming commission. A gaming
428	428	28 agent appointed after June 30, 2005, may exercise the police powers
429	429	29 described in subsection (d) if:
430	430	30 (1) the agent successfully completes the pre-basic course
431	431	31 established in subsection (f); and
432	432	32 (2) the agent successfully completes any other training courses
433	433	33 established by the Indiana gaming commission in conjunction
434	434	34 with the board.
435	435	35 (u) This subsection applies only to a securities enforcement officer
436	436	36 designated as a law enforcement officer by the securities
437	437	37 commissioner. A securities enforcement officer may exercise the police
438	438	38 powers described in subsection (d) if:
439	439	39 (1) the securities enforcement officer successfully completes the
440	440	40 pre-basic course established in subsection (f); and
441	441	41 (2) the securities enforcement officer successfully completes any
442	442	42 other training courses established by the securities commissioner
443	443	2023 IN 1053—LS 6547/DI 87 11
444	444	1 in conjunction with the board.
445	445	2 (v) As used in this section, "upper level policymaking position"
446	446	3 refers to the following:
447	447	4 (1) If the authorized size of the department or town marshal
448	448	5 system is not more than ten (10) members, the term refers to the
449	449	6 position held by the police chief or town marshal.
450	450	7 (2) If the authorized size of the department or town marshal
451	451	8 system is more than ten (10) members but less than fifty-one (51)
452	452	9 members, the term refers to:
453	453	10 (A) the position held by the police chief or town marshal; and
454	454	11 (B) each position held by the members of the police
455	455	12 department or town marshal system in the next rank and pay
456	456	13 grade immediately below the police chief or town marshal.
457	457	14 (3) If the authorized size of the department or town marshal
458	458	15 system is more than fifty (50) members, the term refers to:
459	459	16 (A) the position held by the police chief or town marshal; and
460	460	17 (B) each position held by the members of the police
461	461	18 department or town marshal system in the next two (2) ranks
462	462	19 and pay grades immediately below the police chief or town
463	463	20 marshal.
464	464	21 (w) (v) This subsection applies only to a correctional police officer
465	465	22 employed by the department of correction. A correctional police officer
466	466	23 may exercise the police powers described in subsection (d) if:
467	467	24 (1) the officer successfully completes the pre-basic course
468	468	25 described in subsection (f); and
469	469	26 (2) the officer successfully completes any other training courses
470	470	27 established by the department of correction in conjunction with
471	471	28 the board.
472	472	29 (x) (w) This subsection applies only to the sexual assault training
473	473	30 described in subsection (a)(14). The board shall:
474	474	31 (1) consult with experts on the neurobiology of trauma, trauma
475	475	32 informed interviewing, and investigative techniques in developing
476	476	33 the sexual assault training; and
477	477	34 (2) develop the sexual assault training and begin offering the
478	478	35 training not later than July 1, 2022.
479	479	36 (y) (x) After July 1, 2023, a law enforcement officer who regularly
480	480	37 investigates sexual assaults involving adult victims must complete the
481	481	38 training requirements described in subsection (a)(14) within one (1)
482	482	39 year of being assigned to regularly investigate sexual assaults involving
483	483	40 adult victims.
484	484	41 (z) (y) A law enforcement officer who regularly investigates sexual
485	485	42 assaults involving adult victims may complete the training
486	486	2023 IN 1053—LS 6547/DI 87 12
487	487	1 requirements described in subsection (a)(14) by attending a:
488	488	2 (1) statewide or national training; or
489	489	3 (2) department hosted local training.
490	490	4 (aa) (z) Notwithstanding any other provisions of this section, the
491	491	5 board is authorized to establish certain required standards of training
492	492	6 and procedure.
493	493	7 SECTION 3. IC 5-2-25 IS ADDED TO THE INDIANA CODE AS
494	494	8 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
495	495	9 1, 2023]:
496	496	10 Chapter 25. Discriminatory Profiling and Pretextual Stops
497	497	11 Sec. 1. As used in this chapter, "commission" refers to the
498	498	12 discriminatory profiling review commission established by section
499	499	13 13 of this chapter.
500	500	14 Sec. 2. As used in this chapter, "discriminatory profiling"
501	501	15 means:
502	502	16 (1) the detention;
503	503	17 (2) the official restraint; or
504	504	18 (3) other disparate treatment;
505	505	19 of an individual on the basis of perceived age, gender, race, or
506	506	20 ethnicity. The term does not include a specific suspect based
507	507	21 description notification.
508	508	22 Sec. 3. As used in this chapter, "law enforcement agency" means
509	509	23 the following:
510	510	24 (1) A city or town police department.
511	511	25 (2) A town marshal system.
512	512	26 (3) A sheriff's department.
513	513	27 (4) The state police department.
514	514	28 (5) The law enforcement division of the department of natural
515	515	29 resources.
516	516	30 (6) The excise police division of the alcohol and tobacco
517	517	31 commission.
518	518	32 (7) A state educational institution police department.
519	519	(8) A school resource officer.33
520	520	34 (9) A school corporation police officer.
521	521	35 (10) The gaming control division of the Indiana gaming
522	522	36 commission.
523	523	37 (11) A police department of a public or private postsecondary
524	524	38 educational institution whose board of trustees has established
525	525	39 a police department under IC 21-17-5-2 or IC 21-39-4-2.
526	526	40 (12) A hospital police department.
527	527	41 Sec. 4. As used in this chapter, "law enforcement officer" means
528	528	42 an officer of a law enforcement agency, including a police reserve
529	529	2023 IN 1053—LS 6547/DI 87 13
530	530	1 officer under IC 36-8-3-20 or a special deputy under
531	531	2 IC 36-8-10-10.6 who is employed by a governmental entity (as
532	532	3 defined in IC 35-31.5-2-144).
533	533	4 Sec. 5. As used in this chapter, "personal identifying
534	534	5 information" means any information that describes, locates, or
535	535	6 indexes information about an individual or that affords a basis for
536	536	7 inferring personal characteristics about an individual, including:
537	537	8 (1) name;
538	538	9 (2) address;
539	539	10 (3) date of birth;
540	540	11 (4) place of employment;
541	541	12 (5) telephone number;
542	542	13 (6) education;
543	543	14 (7) medical history;
544	544	15 (8) criminal or employment history; and
545	545	16 (9) membership in an organization.
546	546	17 Sec. 6. As used in this chapter, "pretextual stop" means the
547	547	18 detention of an individual by a law enforcement officer:
548	548	19 (1) through a traffic stop or pedestrian stop for the violation
549	549	20 of a statute or ordinance; and
550	550	21 (2) to allow a law enforcement agency or law enforcement
551	551	22 officer to investigate a separate and unrelated suspected
552	552	23 criminal offense.
553	553	24 Sec. 7. As used in this chapter, "specific suspect based
554	554	25 description notification" means a reasonably detailed physical
555	555	26 description of the personal identifying characteristics of a potential
556	556	27 suspect (including age, gender, race, or ethnicity) by a law
557	557	28 enforcement agency or law enforcement officer.
558	558	29 Sec. 8. (a) A law enforcement agency or law enforcement officer
559	559	30 may not:
560	560	31 (1) engage in discriminatory profiling; or
561	561	32 (2) conduct a pretextual stop.
562	562	(b) The age, gender, race, or ethnicity 33 of an individual may not
563	563	34 be the sole factor in:
564	564	35 (1) determining the existence of probable cause to take into
565	565	36 custody or to arrest an individual; or
566	566	37 (2) constituting a particularized suspicion that an offense has
567	567	38 been or is being committed in order to justify:
568	568	39 (A) the detention of an individual; or
569	569	40 (B) the investigatory stop of a motor vehicle.
570	570	41 Sec. 9. Not later than October 1, 2023, the state police
571	571	42 department shall adopt a policy regarding discriminatory profiling
572	572	2023 IN 1053—LS 6547/DI 87 14
573	573	1 and pretextual stops that is consistent with this chapter, to serve as
574	574	2 a model policy for law enforcement agencies. The policy shall
575	575	3 include the following:
576	576	4 (1) Definitions of the elements of discriminatory profiling and
577	577	5 pretextual stops.
578	578	6 (2) Traffic stop procedures.
579	579	7 (3) Procedures for the handling of complaints from the public
580	580	8 regarding discriminatory profiling and pretextual stops.
581	581	9 Sec. 10. (a) Not later than January 1, 2024, a law enforcement
582	582	10 agency shall adopt a detailed written policy prohibiting
583	583	11 discriminatory profiling and pretextual stops that:
584	584	12 (1) is consistent with this chapter; and
585	585	13 (2) takes into consideration the model policy adopted by the
586	586	14 state police department under section 9 of this chapter.
587	587	15 (b) The law enforcement agency's policy must:
588	588	16 (1) specifically address the subjects listed in section 9 of this
589	589	17 chapter; and
590	590	18 (2) require a law enforcement officer to notify an individual
591	591	19 who is the subject of a traffic stop or pedestrian stop that they
592	592	20 may file a complaint with the commission alleging that the
593	593	21 stop constitutes discriminatory profiling or a pretextual stop.
594	594	22 A law enforcement agency shall make the policy available for
595	595	23 public inspection during normal business hours.
596	596	24 (c) If an investigation of a complaint of discriminatory profiling
597	597	25 reveals that a law enforcement officer was in direct violation of the
598	598	26 law enforcement agency's policy, the law enforcement agency shall
599	599	27 take appropriate action against the officer consistent with the
600	600	28 applicable rules, ordinances, and policies governing the agency.
601	601	29 Sec. 11. (a) A person or organization that believes that
602	602	30 discriminatory profiling or a pretextual stop has occurred may
603	603	31 bring an action against the:
604	604	32 (1) law enforcement officer;
605	605	33 (2) law enforcement agency; or
606	606	34 (3) state, political subdivision, state educational institution,
607	607	35 school corporation, hospital, or public or private
608	608	36 postsecondary educational institution that controls the law
609	609	37 enforcement agency.
610	610	38 (b) Making or filing a complaint with the law enforcement
611	611	39 agency or the commission is not a prerequisite for bringing an
612	612	40 action under this section.
613	613	41 (c) The court may award a prevailing plaintiff under this
614	614	42 section:
615	615	2023 IN 1053—LS 6547/DI 87 15
616	616	1 (1) actual damages;
617	617	2 (2) punitive damages;
618	618	3 (3) declaratory relief; and
619	619	4 (4) injunctive relief.
620	620	5 In addition, a prevailing plaintiff is entitled to reasonable
621	621	6 attorney's fees, court costs, and expert witness fees.
622	622	7 Sec. 12. (a) A law enforcement agency shall provide to the
623	623	8 attorney general:
624	624	9 (1) a copy of each complaint filed with the law enforcement
625	625	10 agency alleging discriminatory profiling or a pretextual stop;
626	626	11 (2) the results of the investigation into each complaint; and
627	627	12 (3) if the complaint is substantiated, the action taken against
628	628	13 the law enforcement officer.
629	629	14 (b) A law enforcement agency shall also provide to the attorney
630	630	15 general the following information:
631	631	16 (1) The number of traffic stops and pedestrian stops
632	632	17 conducted by the law enforcement agency.
633	633	18 (2) The identifying characteristics of each individual stopped,
634	634	19 including the individual's perceived age, gender, race, and
635	635	20 ethnicity.
636	636	21 (3) The location and duration of each traffic stop and
637	637	22 pedestrian stop.
638	638	23 (4) The traffic violation alleged to have been committed that
639	639	24 led to each traffic stop.
640	640	25 (5) Whether a warning or citation was issued as a result of a
641	641	26 traffic stop or pedestrian stop and, if so, the specific violation
642	642	27 charged or warning given.
643	643	28 (6) Whether a search was performed as a result of a traffic
644	644	29 stop or pedestrian stop.
645	645	30 (7) If a search was performed as a result of a stop:
646	646	31 (A) whether the person consented to the search;
647	647	32 (B) the probable cause or reasonable suspicion justifying
648	648	33 the search, if applicable;
649	649	34 (C) whether the search was of the individual or the
650	650	35 individual's property, or both; and
651	651	36 (D) the duration of the search.
652	652	37 (8) If a search was of a passenger in a motor vehicle, the
653	653	38 perceived age, gender, race, and ethnicity of the passenger.
654	654	39 (9) Whether any contraband was discovered or seized in the
655	655	40 course of a search, including money, and the type of any
656	656	41 contraband discovered or seized.
657	657	42 (10) Whether any physical force was used by or against the
658	658	2023 IN 1053—LS 6547/DI 87 16
659	659	1 law enforcement officer and the amount of force used.
660	660	2 (11) Whether a search involved canine units or advanced
661	661	3 technology.
662	662	4 (12) Any additional information required by the attorney
663	663	5 general.
664	664	6 (13) Any additional information the law enforcement agency
665	665	7 considers appropriate to include.
666	666	8 (c) Information provided by a law enforcement agency to the
667	667	9 attorney general under this section must be submitted on a
668	668	10 monthly basis.
669	669	11 (d) After removing all personal identifying information
670	670	12 contained in the data, a law enforcement agency shall compile and
671	671	13 conspicuously publish the data collected under this section on the
672	672	14 law enforcement agency's website. The data published on the law
673	673	15 enforcement agency's website must be updated at least once every
674	674	16 thirty (30) days.
675	675	17 (e) The attorney general shall prepare a report in accordance
676	676	18 with IC 4-6-2-13 based on information received under this section.
677	677	19 The information collected by a law enforcement agency that is not
678	678	20 published in a compiled and redacted form on the law enforcement
679	679	21 agency's website is confidential for purposes of IC 5-14-3.
680	680	22 Sec. 13. (a) The discriminatory profiling review commission is
681	681	23 established as a permanent commission.
682	682	24 (b) The commission shall hear and examine allegations of
683	683	25 discriminatory profiling and pretextual stops.
684	684	26 (c) The commission shall, with the assistance of the criminal
685	685	27 justice institute, create and publicize forms for filing a complaint
686	686	28 concerning discriminatory profiling and pretextual stops.
687	687	29 Sec. 14. The commission consists of the following thirteen (13)
688	688	30 members:
689	689	31 (1) The director of the civil rights commission, or a member
690	690	32 of the civil rights commission designated by the director. The
691	691	33 director or the director's designee serves as chairperson of the
692	692	34 commission.
693	693	35 (2) The executive director of the Indiana criminal justice
694	694	36 institute.
695	695	37 (3) The superintendent of the state police department or the
696	696	38 superintendent's designee.
697	697	39 (4) One (1) member appointed by the governor.
698	698	40 (5) One (1) member of a group that supports individuals of
699	699	41 color, individuals of all races, and individuals with different
700	700	42 ethnicities, appointed by the governor.
701	701	2023 IN 1053—LS 6547/DI 87 17
702	702	1 (6) One (1) member of a group that supports lesbian, gay,
703	703	2 bisexual, and transgender individuals, appointed by the
704	704	3 governor.
705	705	4 (7) One (1) member of a group that supports homeless
706	706	5 individuals, appointed by the governor.
707	707	6 (8) One (1) member of a group that supports individuals with
708	708	7 a disability, appointed by the governor.
709	709	8 (9) One (1) member of a group that supports undocumented
710	710	9 individuals, appointed by the governor.
711	711	10 (10) One (1) member of the Indiana State Bar Association,
712	712	11 appointed by the governor from a list of at least three (3)
713	713	12 members provided to the governor by the president of the
714	714	13 Indiana State Bar Association.
715	715	14 (11) One (1) member of a group that supports women,
716	716	15 appointed by the governor.
717	717	16 (12) One (1) member representing law enforcement,
718	718	17 appointed by the governor from a list of:
719	719	18 (A) two (2) individuals submitted by the Indiana State
720	720	19 Fraternal Order of Police; and
721	721	20 (B) two (2) individuals submitted by the Indiana Black
722	722	21 Troopers Association.
723	723	22 (13) One (1) member of a group that supports interfaith
724	724	23 dialogue and understanding among Christian and
725	725	24 non-Christian religious organizations, appointed by the
726	726	25 governor from a list submitted by one (1) or more groups
727	727	26 supporting interfaith dialogue and understanding.
728	728	27 Sec. 15. (a) Except as provided in subsections (b) and (c), a
729	729	28 commission member serves a four (4) year term.
730	730	29 (b) A member ceases to be a member of the commission if the
731	731	30 member no longer holds:
732	732	31 (1) the position (in the case of a member appointed under
733	733	32 section 14(1) through 14(3) of this chapter); or
734	734	33 (2) membership in the group that qualified the member for
735	735	34 appointment on the commission.
736	736	35 (c) The governor may remove a commission member appointed
737	737	36 under section 14(4) through 14(13) of this chapter. The governor
738	738	37 may remove the member only for cause.
739	739	38 Sec. 16. (a) The civil rights commission shall provide a hearing
740	740	39 room, staff, and administrative support to the commission. All
741	741	40 investigations of complaints shall be conducted by staff members
742	742	41 of the civil rights commission.
743	743	42 (b) Each member of the commission who is not a state employee
744	744	2023 IN 1053—LS 6547/DI 87 18
745	745	1 is entitled to the minimum salary per diem provided by
746	746	2 IC 4-10-11-2.1(b). The member is also entitled to reimbursement
747	747	3 for traveling expenses as provided under IC 4-13-1-4(7) and other
748	748	4 expenses actually incurred in connection with the member's duties
749	749	5 as provided in the state policies and procedures established by the
750	750	6 Indiana department of administration and approved by the budget
751	751	7 agency.
752	752	8 Sec. 17. (a) The affirmative votes of a majority of the members
753	753	9 appointed to the commission are required for the commission to
754	754	10 take action on any measure.
755	755	11 (b) The commission shall hold one (1) regular meeting each
756	756	12 month and may hold additional meetings at the call of the
757	757	13 chairperson.
758	758	14 Sec. 18. The commission shall receive and investigate complaints
759	759	15 alleging discriminatory profiling and pretextual stops. The
760	760	16 commission may not hold a hearing in the absence of a complaint.
761	761	17 Sec. 19. (a) The commission may:
762	762	18 (1) subpoena witnesses;
763	763	19 (2) compel the attendance of witnesses;
764	764	20 (3) administer oaths;
765	765	21 (4) take the testimony of any person under oath; and
766	766	22 (5) require the production for examination of any books and
767	767	23 papers relating to any matter under investigation or in
768	768	24 question before the commission.
769	769	25 (b) A person's refusal to obey a subpoena issued by the
770	770	26 commission constitutes contempt. All hearings shall be held within
771	771	27 Indiana at a location determined by the commission. A citation of
772	772	28 contempt may be issued upon application by the commission to the
773	773	29 circuit or superior court in the county in which the hearing is held
774	774	30 or in which the witness resides or transacts business.
775	775	31 Sec. 20. Adjudicative proceedings before the commission shall
776	776	32 be conducted in accordance with IC 4-21.5. Judicial review of a
777	777	33 commission determination is available under IC 4-21.5-5.
778	778	34 Sec. 21. (a) The commission shall state its findings of fact after
779	779	35 a hearing and notify both the complainant and the respondent of
780	780	36 the commission's decision in writing. If the commission finds that
781	781	37 a law enforcement agency or law enforcement officer has
782	782	38 committed discriminatory profiling or performed a pretextual
783	783	39 stop, the commission shall order the respondent to cease and desist
784	784	40 from the practice.
785	785	41 (b) The commission may require the respondent to take other
786	786	42 affirmative action, including:
787	787	2023 IN 1053—LS 6547/DI 87 19
788	788	1 (1) reimbursing losses incurred as a result of the
789	789	2 discriminatory profiling or pretextual stop;
790	790	3 (2) requiring the posting of a notice setting forth the
791	791	4 prohibition of discriminatory profiling and pretextual stops;
792	792	5 and
793	793	6 (3) requiring proof of compliance to be filed by the respondent
794	794	7 at periodic intervals.
795	795	8 A determination by the commission is a final agency action.
796	796	9 Sec. 22. An individual who is the subject of and depicted in a law
797	797	10 enforcement recording of a stop may view the recording upon
798	798	11 making a request under IC 5-14-3-5.1. If an individual files a
799	799	12 complaint with the commission of discriminatory profiling or a
800	800	13 pretextual stop, the commission may review the recording upon
801	801	14 making a request under IC 5-14-3-5.1.
802	802	15 Sec. 23. The commission shall promote the creation of local
803	803	agencies to address discriminatory profiling and pretextual stops.16
804	804	17 Sec. 24. The commission may adopt rules under IC 4-22-2 to
805	805	18 carry out its purposes under this chapter.
806	806	19 SECTION 4. IC 5-2-26 IS ADDED TO THE INDIANA CODE AS
807	807	20 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
808	808	21 1, 2023]:
809	809	22 Chapter 26. Police Body Cameras and Vehicle Cameras
810	810	23 Sec. 1. The definitions in IC 5-2-25 apply throughout this
811	811	24 chapter.
812	812	25 Sec. 2. As used in this chapter, "video technology" means a
813	813	26 video camera and voice recording technology that is:
814	814	27 (1) installed in a law enforcement agency vehicle; or
815	815	28 (2) worn by a law enforcement officer.
816	816	29 Sec. 3. A law enforcement agency may use federal funds from
817	817	30 community oriented policing services grants or other federal
818	818	31 sources, subject to the terms of the grant or funding source, for
819	819	32 video technology.
820	820	33 Sec. 4. A law enforcement agency using video technology shall
821	821	34 do the following:
822	822	35 (1) Implement a course of instruction regarding the use and
823	823	36 operation of the video technology that includes all relevant
824	824	37 laws, rules of evidence, and departmental policies and
825	825	38 procedures.
826	826	39 (2) Implement an introductory video technology course
827	827	40 designed specifically for new officers.
828	828	41 (3) Implement a video technology refresher course for
829	829	42 advanced officer training courses.
830	830	2023 IN 1053—LS 6547/DI 87 20
831	831	1 Sec. 5. Video technology installed in a motor vehicle:
832	832	2 (1) must:
833	833	3 (A) be automatically activated during every traffic stop;
834	834	4 (B) possess voice recording technology;
835	835	5 (C) be designed and installed to record a traffic stop in its
836	836	6 entirety; and
837	837	7 (D) be activated for the entirety of a traffic stop; and
838	838	8 (2) may not be equipped with a manual shutoff switch.
839	839	9 Sec. 6. (a) Video technology shall be activated in:
840	840	10 (1) all routine traffic stops and pedestrian stops, whether
841	841	11 spontaneous or planned; and
842	842	12 (2) each operation involving the planned use of force,
843	843	13 including an operation involving nonuniformed officers.
844	844	14 (b) A law enforcement officer shall, whenever practicable, notify
845	845	15 individuals that they are being recorded. An officer may meet this
846	846	16 requirement by wearing an easily visible pin stating "lapel camera
847	847	17 in operation" or "body camera in operation".
848	848	18 Sec. 7. A minor, noncriminal infraction by a law enforcement
849	849	19 officer that is discovered during a routine review of recorded
850	850	20 material must be treated as a training opportunity and not as a
851	851	21 routine disciplinary action, unless the infraction is repeated after
852	852	22 being addressed informally.
853	853	23 Sec. 8. A criminal action by a law enforcement officer that is
854	854	24 discovered during a routine review of recorded material is subject
855	855	25 to disciplinary action and criminal charges.
856	856	26 SECTION 5. IC 5-14-3-5.1, AS ADDED BY P.L.58-2016,
857	857	27 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
858	858	28 JULY 1, 2023]: Sec. 5.1. (a) As used in this section, "requestor" means
859	859	29 the following:
860	860	30 (1) An individual who is depicted in a law enforcement recording.
861	861	31 (2) If the individual described in subdivision (1) is deceased:
862	862	32 (A) the surviving spouse, father, mother, brother, sister, son,
863	863	33 or daughter of the individual; or
864	864	34 (B) the personal representative (as defined in IC 6-4.1-1-9) of
865	865	35 or an attorney representing the deceased individual's estate.
866	866	36 (3) If the individual described in subdivision (1) is an
867	867	37 incapacitated person (as defined in IC 29-3-1-7.5), the legal
868	868	38 guardian, attorney, or attorney in fact of the incapacitated person.
869	869	39 (4) A person that is an owner, tenant, lessee, or occupant of real
870	870	40 property, if the interior of the real property is depicted in the
871	871	41 recording.
872	872	42 (5) A person who:
873	873	2023 IN 1053—LS 6547/DI 87 21
874	874	1 (A) is the victim of a crime; or
875	875	2 (B) suffers a loss due to personal injury or property damage;
876	876	3 if the events depicted in the law enforcement recording are
877	877	4 relevant to the person's loss or to the crime committed against the
878	878	5 person.
879	879	6 (6) The discriminatory profiling review commission
880	880	7 established by IC 5-2-25-13, if the law enforcement recording
881	881	8 depicts a law enforcement officer conducting a traffic stop or
882	882	9 pedestrian stop.
883	883	10 (b) A public agency shall allow a requestor to inspect a law
884	884	11 enforcement recording at least twice, if:
885	885	12 (1) the requestor submits a written request under section 3 of this
886	886	13 chapter for inspection of the recording; and
887	887	14 (2) if section 4(b)(19) of this chapter applies, the public agency
888	888	15 that owns, occupies, leases, or maintains the airport approves the
889	889	16 disclosure of the recording.
890	890	17 The public agency shall allow the requestor to inspect the recording in
891	891	18 the company of the requestor's attorney. A law enforcement recording
892	892	19 may not be copied or recorded by the requestor or the requestor's
893	893	20 attorney during an inspection.
894	894	21 (c) Before an inspection under subsection (b), the public agency:
895	895	(1) shall obscure in the recording information 22 described in section
896	896	23 4(a) of this chapter; and
897	897	24 (2) may obscure any information identifying:
898	898	25 (A) a law enforcement officer operating in an undercover
899	899	26 capacity; or
900	900	27 (B) a confidential informant.
901	901	28 (d) Before an inspection under subsection (b), only the information
902	902	29 in the recording described in subsection (c) may be obscured by the
903	903	30 public agency.
904	904	31 (e) If a person is denied access to inspect a recording under this
905	905	32 section, the person may appeal the denial under section 9 of this
906	906	33 chapter.
907	907	2023 IN 1053—LS 6547/DI 87