Introduced Version
HOUSE BILL No. 1053
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-6-2-13; IC 5-2; IC 5-14-3-5.1.
Synopsis: Discriminatory profiling and pretextual stops. Honors the
memory of Byron Ratcliffe Sr. by doing the following: (1) Prohibits
discriminatory profiling and pretextual stops (discriminatory profiling
and stops) by law enforcement based on perceived age, gender, race,
or ethnicity. (2) Requires law enforcement agencies to: (A) adopt
policies regarding discriminatory profiling and stops; (B) submit
discriminatory profiling and stops data to the attorney general for
inclusion in an annual report to the legislative council; and (C)
establish standards for the use of vehicle and body cameras. (3)
Establishes law enforcement officer training regarding discriminatory
profiling and stops. (4) Establishes the discriminatory profiling review
commission to review complaints. (5) Provides for a civil action based
on discriminatory profiling and stops. Makes technical corrections.
Effective: July 1, 2023.
Pryor
January 9, 2023, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2023 IN 1053—LS 6547/DI 87 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1053
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-6-2-13 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2023]: Sec. 13. (a) The definitions set forth in IC 5-2-25 apply
4 throughout this section.
5 (b) Before November 1, 2024, and every year thereafter, the
6 attorney general shall submit a report to the legislative council
7 concerning discriminatory profiling and pretextual stops. The
8 report must be based on information received from law
9 enforcement agencies under IC 5-2-25-12 and must include the
10 following information:
11 (1) The number of complaints filed alleging discriminatory
12 profiling and pretextual stops.
13 (2) The results of each investigation into any complaint
14 described under subdivision (1).
15 (3) If a complaint described under subdivision (1) is
16 substantiated, the action taken against the law enforcement
17 officer.
2023 IN 1053—LS 6547/DI 87 2
1 (4) A summary of the detailed statistical analysis of traffic
2 stops and pedestrian stops conducted by law enforcement
3 agencies based on the third party analysis described in
4 subsection (d).
5 (5) Any statistical or other information received from law
6 enforcement agencies that the attorney general believes would
7 be useful to the legislative council.
8 The report submitted to the legislative council must be in an
9 electronic format under IC 5-14-6. Not later than thirty (30) days
10 after submitting the report to the legislative council, the attorney
11 general shall publish a copy of the report on the attorney general's
12 website.
13 (c) The attorney general and the director of the civil rights
14 commission may recommend legislation based on the contents of
15 the report.
16 (d) At least quarterly, the attorney general shall provide
17 compiled, anonymous data concerning law enforcement agency
18 stops to a third party for statistical analysis of the data. The
19 attorney general shall publish the results of the analysis on the
20 attorney general's website, updating the website at least quarterly.
21 Data transmitted to the legislative council or the third party
22 analyst or published on the attorney general's website may not
23 include any personal identifying information.
24 (e) Information received by the attorney general from a law
25 enforcement agency under IC 5-2-25-12 that is:
26 (1) not published in a compiled and redacted form; and
27 (2) not released to the public:
28 (A) in the report to the legislative council; or
29 (B) on the website of the attorney general or the law
30 enforcement agency under IC 5-2-25-12;
31 is confidential and may not be disclosed under IC 5-14-3.
32 SECTION 2. IC 5-2-1-9, AS AMENDED BY THE TECHNICAL
33 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
34 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:
35 Sec. 9. (a) The board shall adopt in accordance with IC 4-22-2 all
36 necessary rules to carry out the provisions of this chapter. The rules,
37 which shall be adopted only after necessary and proper investigation
38 and inquiry by the board, shall include the establishment of the
39 following:
40 (1) A consistent and uniform statewide deadly force policy and
41 training program, that is consistent with state and federal law.
42 Upon adoption by the law enforcement training board, the policy
2023 IN 1053—LS 6547/DI 87 3
1 and training program must be implemented, without modification,
2 by all Indiana law enforcement agencies, offices, or departments.
3 (2) A consistent and uniform statewide defensive tactics policy
4 and training program, that is consistent with state and federal law.
5 Upon adoption by the law enforcement training board, the policy
6 and training program must be implemented, without modification,
7 by all Indiana law enforcement agencies, offices, or departments.
8 (3) A uniform statewide minimum standard for vehicle pursuits
9 consistent with state and federal law.
10 (4) Minimum standards of physical, educational, mental, and
11 moral fitness which shall govern the acceptance of any person for
12 training by any law enforcement training school or academy
13 meeting or exceeding the minimum standards established
14 pursuant to this chapter.
15 (5) Minimum standards for law enforcement training schools
16 administered by towns, cities, counties, law enforcement training
17 centers, agencies, or departments of the state.
18 (6) Minimum standards for courses of study, attendance
19 requirements, equipment, and facilities for approved town, city,
20 county, and state law enforcement officer, police reserve officer,
21 and conservation reserve officer training schools.
22 (7) Minimum standards for a course of study on cultural diversity
23 awareness, including training on the U nonimmigrant visa created
24 through the federal Victims of Trafficking and Violence
25 Protection Act of 2000 (P.L. 106-386) that must be required for
26 each person accepted for training at a law enforcement training
27 school or academy. The cultural diversity awareness course of
28 study must include:
29 (A) an understanding of cultural issues related to race,
30 religion, gender, age, domestic violence, national origin, and
31 physical and mental disabilities; and
32 (B) a study of discriminatory profiling (as defined in
33 IC 5-2-25-2) and pretextual stops (as defined in
34 IC 5-2-25-6) that includes examining patterns, practices,
35 and protocols comprising discriminatory profiling and
36 pretextual stops.
37 In establishing a program of study, the board shall consult
38 with persons having expertise and interest in the field of
39 cultural diversity awareness and the prevention of
40 discriminatory profiling and pretextual stops.
41 (8) Minimum qualifications for instructors at approved law
42 enforcement training schools.
2023 IN 1053—LS 6547/DI 87 4
1 (9) Minimum basic training requirements which law enforcement
2 officers appointed to probationary terms shall complete before
3 being eligible for continued or permanent employment.
4 (10) Minimum basic training requirements which law
5 enforcement officers appointed on other than a permanent basis
6 shall complete in order to be eligible for continued employment
7 or permanent appointment.
8 (11) Minimum basic training requirements which law
9 enforcement officers appointed on a permanent basis shall
10 complete in order to be eligible for continued employment.
11 (12) Minimum basic training requirements for each person
12 accepted for training at a law enforcement training school or
13 academy that include six (6) hours of training in interacting with:
14 (A) persons with autism, mental illness, addictive disorders,
15 intellectual disabilities, and developmental disabilities;
16 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
17 and
18 (C) persons with Alzheimer's disease or related senile
19 dementia;
20 to be provided by persons approved by the secretary of family and
21 social services and the board. The training must include an
22 overview of the crisis intervention teams.
23 (13) Minimum standards for a course of study on human and
24 sexual trafficking that must be required for each person accepted
25 for training at a law enforcement training school or academy and
26 for inservice training programs for law enforcement officers. The
27 course must cover the following topics:
28 (A) Examination of the human and sexual trafficking laws (IC
29 35-42-3.5).
30 (B) Identification of human and sexual trafficking.
31 (C) Communicating with traumatized persons.
32 (D) Therapeutically appropriate investigative techniques.
33 (E) Collaboration with federal law enforcement officials.
34 (F) Rights of and protections afforded to victims.
35 (G) Providing documentation that satisfies the Declaration of
36 Law Enforcement Officer for Victim of Trafficking in Persons
37 (Form I-914, Supplement B) requirements established under
38 federal law.
39 (H) The availability of community resources to assist human
40 and sexual trafficking victims.
41 (14) Minimum standards for ongoing specialized, intensive, and
42 integrative training for persons responsible for investigating
2023 IN 1053—LS 6547/DI 87 5
1 sexual assault cases involving adult victims. This training must
2 include instruction on:
3 (A) the neurobiology of trauma;
4 (B) trauma informed interviewing; and
5 (C) investigative techniques.
6 (15) Minimum standards for de-escalation training. De-escalation
7 training shall be taught as a part of existing use-of-force training
8 and not as a separate topic.
9 (16) Minimum standards regarding best practices for crowd
10 control, protests, and First Amendment activities.
11 All statewide policies and minimum standards shall be documented in
12 writing and published on the Indiana law enforcement academy
13 (ILEA) website. Any policy, standard, or training program
14 implemented, adopted, or promulgated by a vote of the board may only
15 subsequently be modified or rescinded by a two-thirds (2/3) majority
16 vote of the board.
17 (b) A law enforcement officer appointed after July 5, 1972, and
18 before July 1, 1993, may not enforce the laws or ordinances of the state
19 or any political subdivision unless the officer has, within one (1) year
20 from the date of appointment, successfully completed the minimum
21 basic training requirements established under this chapter by the board.
22 If a person fails to successfully complete the basic training
23 requirements within one (1) year from the date of employment, the
24 officer may not perform any of the duties of a law enforcement officer
25 involving control or direction of members of the public or exercising
26 the power of arrest until the officer has successfully completed the
27 training requirements. This subsection does not apply to any law
28 enforcement officer appointed before July 6, 1972, or after June 30,
29 1993.
30 (c) Military leave or other authorized leave of absence from law
31 enforcement duty during the first year of employment after July 6,
32 1972, shall toll the running of the first year, which shall be calculated
33 by the aggregate of the time before and after the leave, for the purposes
34 of this chapter.
35 (d) Except as provided in subsections (e), (m), (t), and (u), a law
36 enforcement officer appointed to a law enforcement department or
37 agency after June 30, 1993, may not:
38 (1) make an arrest;
39 (2) conduct a search or a seizure of a person or property; or
40 (3) carry a firearm;
41 unless the law enforcement officer successfully completes, at a board
42 certified law enforcement academy or at a law enforcement training
2023 IN 1053—LS 6547/DI 87 6
1 center under section 10.5 or 15.2 of this chapter, the basic training
2 requirements established by the board under this chapter.
3 (e) This subsection does not apply to:
4 (1) a gaming agent employed as a law enforcement officer by the
5 Indiana gaming commission; or
6 (2) an:
7 (A) attorney; or
8 (B) investigator;
9 designated by the securities commissioner as a police officer of
10 the state under IC 23-19-6-1(k).
11 Before a law enforcement officer appointed after June 30, 1993,
12 completes the basic training requirements, the law enforcement officer
13 may exercise the police powers described in subsection (d) if the
14 officer successfully completes the pre-basic course established in
15 subsection (f). Successful completion of the pre-basic course authorizes
16 a law enforcement officer to exercise the police powers described in
17 subsection (d) for one (1) year after the date the law enforcement
18 officer is appointed.
19 (f) The board shall adopt rules under IC 4-22-2 to establish a
20 pre-basic course for the purpose of training:
21 (1) law enforcement officers;
22 (2) police reserve officers (as described in IC 36-8-3-20); and
23 (3) conservation reserve officers (as described in IC 14-9-8-27);
24 regarding the subjects of arrest, search and seizure, the lawful use of
25 force, de-escalation training, interacting with individuals with autism,
26 and the operation of an emergency vehicle. The pre-basic course must
27 be offered on a periodic basis throughout the year at regional sites
28 statewide. The pre-basic course must consist of at least forty (40) hours
29 of course work. The board may prepare the classroom part of the
30 pre-basic course using available technology in conjunction with live
31 instruction. The board shall provide the course material, the instructors,
32 and the facilities at the regional sites throughout the state that are used
33 for the pre-basic course. In addition, the board may certify pre-basic
34 courses that may be conducted by other public or private training
35 entities, including postsecondary educational institutions.
36 (g) Subject to subsection (h), the board shall adopt rules under
37 IC 4-22-2 to establish a mandatory inservice training program for
38 police officers and police reserve officers (as described in
39 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
40 satisfactorily completed basic training and has been appointed to a law
41 enforcement department or agency on either a full-time or part-time
42 basis is not eligible for continued employment unless the officer
2023 IN 1053—LS 6547/DI 87 7
1 satisfactorily completes the mandatory inservice training requirements
2 established by rules adopted by the board. Inservice training must
3 include:
4 (1) de-escalation training; Inservice training must also include
5 (2) training:
6 (A) in interacting with persons with mental illness, addictive
7 disorders, intellectual disabilities, autism, developmental
8 disabilities, and Alzheimer's disease or related senile
9 dementia; and
10 (B) to be provided by persons approved by the secretary of
11 family and social services and the board; and
12 (3) training concerning:
13 (A) human and sexual trafficking;
14 (B) cultural diversity;
15 (C) discriminatory profiling (as defined in IC 5-2-25-2) and
16 pretextual stops (as defined in IC 5-2-25-6); and
17 (D) high risk missing persons (as defined in IC 5-2-17-1).
18 The board may approve courses offered by other public or private
19 training entities, including postsecondary educational institutions, as
20 necessary in order to ensure the availability of an adequate number of
21 inservice training programs. The board may waive an officer's inservice
22 training requirements if the board determines that the officer's reason
23 for lacking the required amount of inservice training hours is due to
24 either an emergency situation or the unavailability of courses.
25 (h) This subsection applies only to a mandatory inservice training
26 program under subsection (g). Notwithstanding subsection (g), the
27 board may, without adopting rules under IC 4-22-2, modify the course
28 work of a training subject matter, modify the number of hours of
29 training required within a particular subject matter, or add a new
30 subject matter, if the board satisfies the following requirements:
31 (1) The board must conduct at least two (2) public meetings on
32 the proposed modification or addition.
33 (2) After approving the modification or addition at a public
34 meeting, the board must post notice of the modification or
35 addition on the Indiana law enforcement academy's Internet web
36 site website at least thirty (30) days before the modification or
37 addition takes effect.
38 If the board does not satisfy the requirements of this subsection, the
39 modification or addition is void. This subsection does not authorize the
40 board to eliminate any inservice training subject matter required under
41 subsection (g).
42 (i) The board shall also adopt rules establishing a town marshal
2023 IN 1053—LS 6547/DI 87 8
1 basic training program, subject to the following:
2 (1) The program must require fewer hours of instruction and class
3 attendance and fewer courses of study than are required for the
4 mandated basic training program.
5 (2) Certain parts of the course materials may be studied by a
6 candidate at the candidate's home in order to fulfill requirements
7 of the program.
8 (3) Law enforcement officers successfully completing the
9 requirements of the program are eligible for appointment only in
10 towns employing the town marshal system (IC 36-5-7) and having
11 not more than one (1) marshal and two (2) deputies.
12 (4) The limitation imposed by subdivision (3) does not apply to an
13 officer who has successfully completed the mandated basic
14 training program.
15 (5) The time limitations imposed by subsections (b) and (c) for
16 completing the training are also applicable to the town marshal
17 basic training program.
18 (6) The program must require training in interacting with
19 individuals with autism.
20 (j) The board shall adopt rules under IC 4-22-2 to establish an
21 executive training program. The executive training program must
22 include training in the following areas:
23 (1) Liability.
24 (2) Media relations.
25 (3) Accounting and administration.
26 (4) Discipline.
27 (5) Department policy making.
28 (6) Lawful use of force and de-escalation training.
29 (7) Department programs.
30 (8) Emergency vehicle operation.
31 (9) Cultural diversity.
32 (k) A police chief shall apply for admission to the executive training
33 program within two (2) months of the date the police chief initially
34 takes office. A police chief must successfully complete the executive
35 training program within six (6) months of the date the police chief
36 initially takes office. However, if space in the executive training
37 program is not available at a time that will allow completion of the
38 executive training program within six (6) months of the date the police
39 chief initially takes office, the police chief must successfully complete
40 the next available executive training program that is offered after the
41 police chief initially takes office.
42 (l) A police chief who fails to comply with subsection (k) may not
2023 IN 1053—LS 6547/DI 87 9
1 continue to serve as the police chief until completion of the executive
2 training program. For the purposes of this subsection and subsection
3 (k), "police chief" refers to:
4 (1) the police chief of any city;
5 (2) the police chief of any town having a metropolitan police
6 department; and
7 (3) the chief of a consolidated law enforcement department
8 established under IC 36-3-1-5.1.
9 A town marshal is not considered to be a police chief for these
10 purposes, but a town marshal may enroll in the executive training
11 program.
12 (m) A fire investigator in the department of homeland security
13 appointed after December 31, 1993, is required to comply with the
14 basic training standards established under this chapter.
15 (n) The board shall adopt rules under IC 4-22-2 to establish a
16 program to certify handgun safety courses, including courses offered
17 in the private sector, that meet standards approved by the board for
18 training probation officers in handgun safety as required by
19 IC 11-13-1-3.5(2).
20 (o) The board shall adopt rules under IC 4-22-2 to establish a
21 refresher course for an officer who:
22 (1) is hired by an Indiana law enforcement department or agency
23 as a law enforcement officer;
24 (2) has not been employed as a law enforcement officer for:
25 (A) at least two (2) years; and
26 (B) less than six (6) years before the officer is hired under
27 subdivision (1); and
28 (3) completed at any time a basic training course certified or
29 recognized by the board before the officer is hired under
30 subdivision (1).
31 (p) An officer to whom subsection (o) applies must successfully
32 complete the refresher course described in subsection (o) not later than
33 six (6) months after the officer's date of hire, or the officer loses the
34 officer's powers of:
35 (1) arrest;
36 (2) search; and
37 (3) seizure.
38 (q) The board shall adopt rules under IC 4-22-2 to establish a
39 refresher course for an officer who:
40 (1) is appointed by an Indiana law enforcement department or
41 agency as a reserve police officer; and
42 (2) has not worked as a reserve police officer for at least two (2)
2023 IN 1053—LS 6547/DI 87 10
1 years after:
2 (A) completing the pre-basic course; or
3 (B) leaving the individual's last appointment as a reserve
4 police officer.
5 An officer to whom this subsection applies must successfully complete
6 the refresher course established by the board in order to work as a
7 reserve police officer.
8 (r) This subsection applies to an individual who, at the time the
9 individual completes a board certified or recognized basic training
10 course, has not been appointed as a law enforcement officer by an
11 Indiana law enforcement department or agency. If the individual is not
12 employed as a law enforcement officer for at least two (2) years after
13 completing the basic training course, the individual must successfully
14 retake and complete the basic training course as set forth in subsection
15 (d).
16 (s) The board shall adopt rules under IC 4-22-2 to establish a
17 refresher course for an individual who:
18 (1) is appointed as a board certified instructor of law enforcement
19 training; and
20 (2) has not provided law enforcement training instruction for
21 more than one (1) year after the date the individual's instructor
22 certification expired.
23 An individual to whom this subsection applies must successfully
24 complete the refresher course established by the board in order to
25 renew the individual's instructor certification.
26 (t) This subsection applies only to a gaming agent employed as a
27 law enforcement officer by the Indiana gaming commission. A gaming
28 agent appointed after June 30, 2005, may exercise the police powers
29 described in subsection (d) if:
30 (1) the agent successfully completes the pre-basic course
31 established in subsection (f); and
32 (2) the agent successfully completes any other training courses
33 established by the Indiana gaming commission in conjunction
34 with the board.
35 (u) This subsection applies only to a securities enforcement officer
36 designated as a law enforcement officer by the securities
37 commissioner. A securities enforcement officer may exercise the police
38 powers described in subsection (d) if:
39 (1) the securities enforcement officer successfully completes the
40 pre-basic course established in subsection (f); and
41 (2) the securities enforcement officer successfully completes any
42 other training courses established by the securities commissioner
2023 IN 1053—LS 6547/DI 87 11
1 in conjunction with the board.
2 (v) As used in this section, "upper level policymaking position"
3 refers to the following:
4 (1) If the authorized size of the department or town marshal
5 system is not more than ten (10) members, the term refers to the
6 position held by the police chief or town marshal.
7 (2) If the authorized size of the department or town marshal
8 system is more than ten (10) members but less than fifty-one (51)
9 members, the term refers to:
10 (A) the position held by the police chief or town marshal; and
11 (B) each position held by the members of the police
12 department or town marshal system in the next rank and pay
13 grade immediately below the police chief or town marshal.
14 (3) If the authorized size of the department or town marshal
15 system is more than fifty (50) members, the term refers to:
16 (A) the position held by the police chief or town marshal; and
17 (B) each position held by the members of the police
18 department or town marshal system in the next two (2) ranks
19 and pay grades immediately below the police chief or town
20 marshal.
21 (w) (v) This subsection applies only to a correctional police officer
22 employed by the department of correction. A correctional police officer
23 may exercise the police powers described in subsection (d) if:
24 (1) the officer successfully completes the pre-basic course
25 described in subsection (f); and
26 (2) the officer successfully completes any other training courses
27 established by the department of correction in conjunction with
28 the board.
29 (x) (w) This subsection applies only to the sexual assault training
30 described in subsection (a)(14). The board shall:
31 (1) consult with experts on the neurobiology of trauma, trauma
32 informed interviewing, and investigative techniques in developing
33 the sexual assault training; and
34 (2) develop the sexual assault training and begin offering the
35 training not later than July 1, 2022.
36 (y) (x) After July 1, 2023, a law enforcement officer who regularly
37 investigates sexual assaults involving adult victims must complete the
38 training requirements described in subsection (a)(14) within one (1)
39 year of being assigned to regularly investigate sexual assaults involving
40 adult victims.
41 (z) (y) A law enforcement officer who regularly investigates sexual
42 assaults involving adult victims may complete the training
2023 IN 1053—LS 6547/DI 87 12
1 requirements described in subsection (a)(14) by attending a:
2 (1) statewide or national training; or
3 (2) department hosted local training.
4 (aa) (z) Notwithstanding any other provisions of this section, the
5 board is authorized to establish certain required standards of training
6 and procedure.
7 SECTION 3. IC 5-2-25 IS ADDED TO THE INDIANA CODE AS
8 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2023]:
10 Chapter 25. Discriminatory Profiling and Pretextual Stops
11 Sec. 1. As used in this chapter, "commission" refers to the
12 discriminatory profiling review commission established by section
13 13 of this chapter.
14 Sec. 2. As used in this chapter, "discriminatory profiling"
15 means:
16 (1) the detention;
17 (2) the official restraint; or
18 (3) other disparate treatment;
19 of an individual on the basis of perceived age, gender, race, or
20 ethnicity. The term does not include a specific suspect based
21 description notification.
22 Sec. 3. As used in this chapter, "law enforcement agency" means
23 the following:
24 (1) A city or town police department.
25 (2) A town marshal system.
26 (3) A sheriff's department.
27 (4) The state police department.
28 (5) The law enforcement division of the department of natural
29 resources.
30 (6) The excise police division of the alcohol and tobacco
31 commission.
32 (7) A state educational institution police department.
(8) A school resource officer.33
34 (9) A school corporation police officer.
35 (10) The gaming control division of the Indiana gaming
36 commission.
37 (11) A police department of a public or private postsecondary
38 educational institution whose board of trustees has established
39 a police department under IC 21-17-5-2 or IC 21-39-4-2.
40 (12) A hospital police department.
41 Sec. 4. As used in this chapter, "law enforcement officer" means
42 an officer of a law enforcement agency, including a police reserve
2023 IN 1053—LS 6547/DI 87 13
1 officer under IC 36-8-3-20 or a special deputy under
2 IC 36-8-10-10.6 who is employed by a governmental entity (as
3 defined in IC 35-31.5-2-144).
4 Sec. 5. As used in this chapter, "personal identifying
5 information" means any information that describes, locates, or
6 indexes information about an individual or that affords a basis for
7 inferring personal characteristics about an individual, including:
8 (1) name;
9 (2) address;
10 (3) date of birth;
11 (4) place of employment;
12 (5) telephone number;
13 (6) education;
14 (7) medical history;
15 (8) criminal or employment history; and
16 (9) membership in an organization.
17 Sec. 6. As used in this chapter, "pretextual stop" means the
18 detention of an individual by a law enforcement officer:
19 (1) through a traffic stop or pedestrian stop for the violation
20 of a statute or ordinance; and
21 (2) to allow a law enforcement agency or law enforcement
22 officer to investigate a separate and unrelated suspected
23 criminal offense.
24 Sec. 7. As used in this chapter, "specific suspect based
25 description notification" means a reasonably detailed physical
26 description of the personal identifying characteristics of a potential
27 suspect (including age, gender, race, or ethnicity) by a law
28 enforcement agency or law enforcement officer.
29 Sec. 8. (a) A law enforcement agency or law enforcement officer
30 may not:
31 (1) engage in discriminatory profiling; or
32 (2) conduct a pretextual stop.
(b) The age, gender, race, or ethnicity 33 of an individual may not
34 be the sole factor in:
35 (1) determining the existence of probable cause to take into
36 custody or to arrest an individual; or
37 (2) constituting a particularized suspicion that an offense has
38 been or is being committed in order to justify:
39 (A) the detention of an individual; or
40 (B) the investigatory stop of a motor vehicle.
41 Sec. 9. Not later than October 1, 2023, the state police
42 department shall adopt a policy regarding discriminatory profiling
2023 IN 1053—LS 6547/DI 87 14
1 and pretextual stops that is consistent with this chapter, to serve as
2 a model policy for law enforcement agencies. The policy shall
3 include the following:
4 (1) Definitions of the elements of discriminatory profiling and
5 pretextual stops.
6 (2) Traffic stop procedures.
7 (3) Procedures for the handling of complaints from the public
8 regarding discriminatory profiling and pretextual stops.
9 Sec. 10. (a) Not later than January 1, 2024, a law enforcement
10 agency shall adopt a detailed written policy prohibiting
11 discriminatory profiling and pretextual stops that:
12 (1) is consistent with this chapter; and
13 (2) takes into consideration the model policy adopted by the
14 state police department under section 9 of this chapter.
15 (b) The law enforcement agency's policy must:
16 (1) specifically address the subjects listed in section 9 of this
17 chapter; and
18 (2) require a law enforcement officer to notify an individual
19 who is the subject of a traffic stop or pedestrian stop that they
20 may file a complaint with the commission alleging that the
21 stop constitutes discriminatory profiling or a pretextual stop.
22 A law enforcement agency shall make the policy available for
23 public inspection during normal business hours.
24 (c) If an investigation of a complaint of discriminatory profiling
25 reveals that a law enforcement officer was in direct violation of the
26 law enforcement agency's policy, the law enforcement agency shall
27 take appropriate action against the officer consistent with the
28 applicable rules, ordinances, and policies governing the agency.
29 Sec. 11. (a) A person or organization that believes that
30 discriminatory profiling or a pretextual stop has occurred may
31 bring an action against the:
32 (1) law enforcement officer;
33 (2) law enforcement agency; or
34 (3) state, political subdivision, state educational institution,
35 school corporation, hospital, or public or private
36 postsecondary educational institution that controls the law
37 enforcement agency.
38 (b) Making or filing a complaint with the law enforcement
39 agency or the commission is not a prerequisite for bringing an
40 action under this section.
41 (c) The court may award a prevailing plaintiff under this
42 section:
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1 (1) actual damages;
2 (2) punitive damages;
3 (3) declaratory relief; and
4 (4) injunctive relief.
5 In addition, a prevailing plaintiff is entitled to reasonable
6 attorney's fees, court costs, and expert witness fees.
7 Sec. 12. (a) A law enforcement agency shall provide to the
8 attorney general:
9 (1) a copy of each complaint filed with the law enforcement
10 agency alleging discriminatory profiling or a pretextual stop;
11 (2) the results of the investigation into each complaint; and
12 (3) if the complaint is substantiated, the action taken against
13 the law enforcement officer.
14 (b) A law enforcement agency shall also provide to the attorney
15 general the following information:
16 (1) The number of traffic stops and pedestrian stops
17 conducted by the law enforcement agency.
18 (2) The identifying characteristics of each individual stopped,
19 including the individual's perceived age, gender, race, and
20 ethnicity.
21 (3) The location and duration of each traffic stop and
22 pedestrian stop.
23 (4) The traffic violation alleged to have been committed that
24 led to each traffic stop.
25 (5) Whether a warning or citation was issued as a result of a
26 traffic stop or pedestrian stop and, if so, the specific violation
27 charged or warning given.
28 (6) Whether a search was performed as a result of a traffic
29 stop or pedestrian stop.
30 (7) If a search was performed as a result of a stop:
31 (A) whether the person consented to the search;
32 (B) the probable cause or reasonable suspicion justifying
33 the search, if applicable;
34 (C) whether the search was of the individual or the
35 individual's property, or both; and
36 (D) the duration of the search.
37 (8) If a search was of a passenger in a motor vehicle, the
38 perceived age, gender, race, and ethnicity of the passenger.
39 (9) Whether any contraband was discovered or seized in the
40 course of a search, including money, and the type of any
41 contraband discovered or seized.
42 (10) Whether any physical force was used by or against the
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1 law enforcement officer and the amount of force used.
2 (11) Whether a search involved canine units or advanced
3 technology.
4 (12) Any additional information required by the attorney
5 general.
6 (13) Any additional information the law enforcement agency
7 considers appropriate to include.
8 (c) Information provided by a law enforcement agency to the
9 attorney general under this section must be submitted on a
10 monthly basis.
11 (d) After removing all personal identifying information
12 contained in the data, a law enforcement agency shall compile and
13 conspicuously publish the data collected under this section on the
14 law enforcement agency's website. The data published on the law
15 enforcement agency's website must be updated at least once every
16 thirty (30) days.
17 (e) The attorney general shall prepare a report in accordance
18 with IC 4-6-2-13 based on information received under this section.
19 The information collected by a law enforcement agency that is not
20 published in a compiled and redacted form on the law enforcement
21 agency's website is confidential for purposes of IC 5-14-3.
22 Sec. 13. (a) The discriminatory profiling review commission is
23 established as a permanent commission.
24 (b) The commission shall hear and examine allegations of
25 discriminatory profiling and pretextual stops.
26 (c) The commission shall, with the assistance of the criminal
27 justice institute, create and publicize forms for filing a complaint
28 concerning discriminatory profiling and pretextual stops.
29 Sec. 14. The commission consists of the following thirteen (13)
30 members:
31 (1) The director of the civil rights commission, or a member
32 of the civil rights commission designated by the director. The
33 director or the director's designee serves as chairperson of the
34 commission.
35 (2) The executive director of the Indiana criminal justice
36 institute.
37 (3) The superintendent of the state police department or the
38 superintendent's designee.
39 (4) One (1) member appointed by the governor.
40 (5) One (1) member of a group that supports individuals of
41 color, individuals of all races, and individuals with different
42 ethnicities, appointed by the governor.
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1 (6) One (1) member of a group that supports lesbian, gay,
2 bisexual, and transgender individuals, appointed by the
3 governor.
4 (7) One (1) member of a group that supports homeless
5 individuals, appointed by the governor.
6 (8) One (1) member of a group that supports individuals with
7 a disability, appointed by the governor.
8 (9) One (1) member of a group that supports undocumented
9 individuals, appointed by the governor.
10 (10) One (1) member of the Indiana State Bar Association,
11 appointed by the governor from a list of at least three (3)
12 members provided to the governor by the president of the
13 Indiana State Bar Association.
14 (11) One (1) member of a group that supports women,
15 appointed by the governor.
16 (12) One (1) member representing law enforcement,
17 appointed by the governor from a list of:
18 (A) two (2) individuals submitted by the Indiana State
19 Fraternal Order of Police; and
20 (B) two (2) individuals submitted by the Indiana Black
21 Troopers Association.
22 (13) One (1) member of a group that supports interfaith
23 dialogue and understanding among Christian and
24 non-Christian religious organizations, appointed by the
25 governor from a list submitted by one (1) or more groups
26 supporting interfaith dialogue and understanding.
27 Sec. 15. (a) Except as provided in subsections (b) and (c), a
28 commission member serves a four (4) year term.
29 (b) A member ceases to be a member of the commission if the
30 member no longer holds:
31 (1) the position (in the case of a member appointed under
32 section 14(1) through 14(3) of this chapter); or
33 (2) membership in the group that qualified the member for
34 appointment on the commission.
35 (c) The governor may remove a commission member appointed
36 under section 14(4) through 14(13) of this chapter. The governor
37 may remove the member only for cause.
38 Sec. 16. (a) The civil rights commission shall provide a hearing
39 room, staff, and administrative support to the commission. All
40 investigations of complaints shall be conducted by staff members
41 of the civil rights commission.
42 (b) Each member of the commission who is not a state employee
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1 is entitled to the minimum salary per diem provided by
2 IC 4-10-11-2.1(b). The member is also entitled to reimbursement
3 for traveling expenses as provided under IC 4-13-1-4(7) and other
4 expenses actually incurred in connection with the member's duties
5 as provided in the state policies and procedures established by the
6 Indiana department of administration and approved by the budget
7 agency.
8 Sec. 17. (a) The affirmative votes of a majority of the members
9 appointed to the commission are required for the commission to
10 take action on any measure.
11 (b) The commission shall hold one (1) regular meeting each
12 month and may hold additional meetings at the call of the
13 chairperson.
14 Sec. 18. The commission shall receive and investigate complaints
15 alleging discriminatory profiling and pretextual stops. The
16 commission may not hold a hearing in the absence of a complaint.
17 Sec. 19. (a) The commission may:
18 (1) subpoena witnesses;
19 (2) compel the attendance of witnesses;
20 (3) administer oaths;
21 (4) take the testimony of any person under oath; and
22 (5) require the production for examination of any books and
23 papers relating to any matter under investigation or in
24 question before the commission.
25 (b) A person's refusal to obey a subpoena issued by the
26 commission constitutes contempt. All hearings shall be held within
27 Indiana at a location determined by the commission. A citation of
28 contempt may be issued upon application by the commission to the
29 circuit or superior court in the county in which the hearing is held
30 or in which the witness resides or transacts business.
31 Sec. 20. Adjudicative proceedings before the commission shall
32 be conducted in accordance with IC 4-21.5. Judicial review of a
33 commission determination is available under IC 4-21.5-5.
34 Sec. 21. (a) The commission shall state its findings of fact after
35 a hearing and notify both the complainant and the respondent of
36 the commission's decision in writing. If the commission finds that
37 a law enforcement agency or law enforcement officer has
38 committed discriminatory profiling or performed a pretextual
39 stop, the commission shall order the respondent to cease and desist
40 from the practice.
41 (b) The commission may require the respondent to take other
42 affirmative action, including:
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1 (1) reimbursing losses incurred as a result of the
2 discriminatory profiling or pretextual stop;
3 (2) requiring the posting of a notice setting forth the
4 prohibition of discriminatory profiling and pretextual stops;
5 and
6 (3) requiring proof of compliance to be filed by the respondent
7 at periodic intervals.
8 A determination by the commission is a final agency action.
9 Sec. 22. An individual who is the subject of and depicted in a law
10 enforcement recording of a stop may view the recording upon
11 making a request under IC 5-14-3-5.1. If an individual files a
12 complaint with the commission of discriminatory profiling or a
13 pretextual stop, the commission may review the recording upon
14 making a request under IC 5-14-3-5.1.
15 Sec. 23. The commission shall promote the creation of local
agencies to address discriminatory profiling and pretextual stops.16
17 Sec. 24. The commission may adopt rules under IC 4-22-2 to
18 carry out its purposes under this chapter.
19 SECTION 4. IC 5-2-26 IS ADDED TO THE INDIANA CODE AS
20 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
21 1, 2023]:
22 Chapter 26. Police Body Cameras and Vehicle Cameras
23 Sec. 1. The definitions in IC 5-2-25 apply throughout this
24 chapter.
25 Sec. 2. As used in this chapter, "video technology" means a
26 video camera and voice recording technology that is:
27 (1) installed in a law enforcement agency vehicle; or
28 (2) worn by a law enforcement officer.
29 Sec. 3. A law enforcement agency may use federal funds from
30 community oriented policing services grants or other federal
31 sources, subject to the terms of the grant or funding source, for
32 video technology.
33 Sec. 4. A law enforcement agency using video technology shall
34 do the following:
35 (1) Implement a course of instruction regarding the use and
36 operation of the video technology that includes all relevant
37 laws, rules of evidence, and departmental policies and
38 procedures.
39 (2) Implement an introductory video technology course
40 designed specifically for new officers.
41 (3) Implement a video technology refresher course for
42 advanced officer training courses.
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1 Sec. 5. Video technology installed in a motor vehicle:
2 (1) must:
3 (A) be automatically activated during every traffic stop;
4 (B) possess voice recording technology;
5 (C) be designed and installed to record a traffic stop in its
6 entirety; and
7 (D) be activated for the entirety of a traffic stop; and
8 (2) may not be equipped with a manual shutoff switch.
9 Sec. 6. (a) Video technology shall be activated in:
10 (1) all routine traffic stops and pedestrian stops, whether
11 spontaneous or planned; and
12 (2) each operation involving the planned use of force,
13 including an operation involving nonuniformed officers.
14 (b) A law enforcement officer shall, whenever practicable, notify
15 individuals that they are being recorded. An officer may meet this
16 requirement by wearing an easily visible pin stating "lapel camera
17 in operation" or "body camera in operation".
18 Sec. 7. A minor, noncriminal infraction by a law enforcement
19 officer that is discovered during a routine review of recorded
20 material must be treated as a training opportunity and not as a
21 routine disciplinary action, unless the infraction is repeated after
22 being addressed informally.
23 Sec. 8. A criminal action by a law enforcement officer that is
24 discovered during a routine review of recorded material is subject
25 to disciplinary action and criminal charges.
26 SECTION 5. IC 5-14-3-5.1, AS ADDED BY P.L.58-2016,
27 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2023]: Sec. 5.1. (a) As used in this section, "requestor" means
29 the following:
30 (1) An individual who is depicted in a law enforcement recording.
31 (2) If the individual described in subdivision (1) is deceased:
32 (A) the surviving spouse, father, mother, brother, sister, son,
33 or daughter of the individual; or
34 (B) the personal representative (as defined in IC 6-4.1-1-9) of
35 or an attorney representing the deceased individual's estate.
36 (3) If the individual described in subdivision (1) is an
37 incapacitated person (as defined in IC 29-3-1-7.5), the legal
38 guardian, attorney, or attorney in fact of the incapacitated person.
39 (4) A person that is an owner, tenant, lessee, or occupant of real
40 property, if the interior of the real property is depicted in the
41 recording.
42 (5) A person who:
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1 (A) is the victim of a crime; or
2 (B) suffers a loss due to personal injury or property damage;
3 if the events depicted in the law enforcement recording are
4 relevant to the person's loss or to the crime committed against the
5 person.
6 (6) The discriminatory profiling review commission
7 established by IC 5-2-25-13, if the law enforcement recording
8 depicts a law enforcement officer conducting a traffic stop or
9 pedestrian stop.
10 (b) A public agency shall allow a requestor to inspect a law
11 enforcement recording at least twice, if:
12 (1) the requestor submits a written request under section 3 of this
13 chapter for inspection of the recording; and
14 (2) if section 4(b)(19) of this chapter applies, the public agency
15 that owns, occupies, leases, or maintains the airport approves the
16 disclosure of the recording.
17 The public agency shall allow the requestor to inspect the recording in
18 the company of the requestor's attorney. A law enforcement recording
19 may not be copied or recorded by the requestor or the requestor's
20 attorney during an inspection.
21 (c) Before an inspection under subsection (b), the public agency:
(1) shall obscure in the recording information 22 described in section
23 4(a) of this chapter; and
24 (2) may obscure any information identifying:
25 (A) a law enforcement officer operating in an undercover
26 capacity; or
27 (B) a confidential informant.
28 (d) Before an inspection under subsection (b), only the information
29 in the recording described in subsection (c) may be obscured by the
30 public agency.
31 (e) If a person is denied access to inspect a recording under this
32 section, the person may appeal the denial under section 9 of this
33 chapter.
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