Indiana 2023 Regular Session

Indiana House Bill HB1177 Compare Versions

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1+*EH1177.2*
2+April 14, 2023
3+ENGROSSED
4+HOUSE BILL No. 1177
5+_____
6+DIGEST OF HB 1177 (Updated April 13, 2023 9:48 am - DI 140)
7+Citations Affected: IC 10-21; IC 20-19; IC 20-26; IC 20-49; IC 35-47.
8+Synopsis: Handgun training for teachers. Creates a specialized
9+firearms safety, education, and training curriculum (curriculum) for
10+teachers, school staff, and school employees. Specifies curriculum
11+requirements. Authorizes funds from the: (1) Indiana secured schools
12+fund; and (2) school corporation and charter school safety advance
13+program; to be used for the purpose of providing specialized firearms
14+instruction to certain teachers, school staff, and school employees, and
15+for providing counseling services to students, teachers, school staff,
16+and school employees in the event of a school shooting. Requires a
17+charter school, accredited nonpublic school, or school corporation to
18+ensure that a teacher, school staff member, or school employee who
19+(Continued next page)
20+Effective: July 1, 2023.
21+Lucas, Lehman, Judy, Teshka
22+(SENATE SPONSORS — HOLDMAN, GARTEN, BALDWIN, KOCH,
23+BYRNE, JOHNSON T, CRANE)
24+January 10, 2023, read first time and referred to Committee on Education.
25+February 9, 2023, reported — Do Pass.
26+February 13, 2023, read second time, ordered engrossed.
27+February 14, 2023, engrossed. Read third time, passed. Yeas 71, nays 24.
28+SENATE ACTION
29+February 27, 2023, read first time and referred to Committee on Education and Career
30+Development.
31+April 6, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
32+Appropriations.
33+April 13, 2023, reported favorably — Do Pass.
34+EH 1177—LS 6751/DI 143 Digest Continued
35+receives a grant from the Indiana secured schools fund for the purpose
36+of receiving specialized firearms instruction complies with certain
37+requirements. Provides that the identity of any person who: (1) enrolls
38+in; (2) participates in; or (3) completes; the curriculum is confidential.
39+Provides that a public school or an accredited nonpublic school may
40+not conduct a training or drill for an employee of the school that
41+includes, as any part of the training or drill, the expelling of any type
42+of projectile at the employee unless: (1) the school informs the
43+employee of the use of projectiles in the training or drill; and (2) the
44+employee consents, in writing, to the use of projectiles during the
45+training or drill. Provides that a public school or an accredited
46+nonpublic school may not conduct or approve a training or drill for a
47+student of the school that includes, as any part of the training or drill,
48+the expelling of any type of projectile. Authorizes a qualified retired
49+law enforcement officer to carry or possess a firearm on school
50+property. Requires the department of education, in collaboration with
51+the state police department, to identify a set of best practices and
52+develop a set of educational materials concerning the safe possession
53+and storage of a firearm in a home with a child. Provides that the
54+department of education shall provide the best practices and
55+educational materials to certain schools for annual distribution to
56+parents of students. Makes conforming and technical amendments.
57+EH 1177—LS 6751/DI 143EH 1177—LS 6751/DI 143 April 14, 2023
158 First Regular Session of the 123rd General Assembly (2023)
259 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
360 Constitution) is being amended, the text of the existing provision will appear in this style type,
461 additions will appear in this style type, and deletions will appear in this style type.
562 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
663 provision adopted), the text of the new provision will appear in this style type. Also, the
764 word NEW will appear in that style type in the introductory clause of each SECTION that adds
865 a new provision to the Indiana Code or the Indiana Constitution.
966 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1067 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1177
12-AN ACT to amend the Indiana Code concerning education.
68+ENGROSSED
69+HOUSE BILL No. 1177
70+A BILL FOR AN ACT to amend the Indiana Code concerning
71+education.
1372 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 10-21-1-16 IS ADDED TO THE INDIANA CODE
73+1 SECTION 1. IC 10-21-1-16 IS ADDED TO THE INDIANA CODE
74+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
75+3 1, 2023]: Sec. 16. (a) A school corporation, charter school, or
76+4 accredited nonpublic school may apply to the department for a
77+5 grant from the fund to:
78+6 (1) increase school safety by:
79+7 (A) helping teachers, school staff, and school employees
80+8 acquire specialized firearms instruction as described in
81+9 IC 10-21-3; and
82+10 (B) defraying tuition related expenses for teachers, school
83+11 staff, and school employees who wish to enroll in the
84+12 course of firearms instruction described in IC 10-21-3; or
85+13 (2) provide funding in the event of a school shooting to cover
86+14 the costs of counseling for students, teachers, school staff, and
87+15 school employees.
88+16 (b) A school corporation, charter school, or accredited
89+17 nonpublic school:
90+EH 1177—LS 6751/DI 143 2
91+1 (1) is not subject to the restriction in section 4 of this chapter
92+2 that a school corporation, charter school, or accredited
93+3 nonpublic school may receive only one (1) matching grant
94+4 each year; and
95+5 (2) may receive an additional matching grant under section 4
96+6 of this chapter for the purposes described in subsection (a).
97+7 SECTION 2. IC 10-21-3 IS ADDED TO THE INDIANA CODE AS
98+8 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
99+9 1, 2023]:
100+10 Chapter 3. Specialized Firearms Instruction for Teachers,
101+11 School Staff, and School Employees
102+12 Sec. 1. The following terms are defined for this chapter:
103+13 (1) "Accredited nonpublic school" means a nonpublic school
104+14 that:
105+15 (A) has voluntarily become accredited under IC 20-31-4.1;
106+16 or
107+17 (B) is accredited by a national or regional accrediting
108+18 agency that is recognized by the state board of education.
109+19 (2) "Charter school" has the meaning set forth in
110+20 IC 20-24-1-4.
111+21 (3) "Department" refers to the department of homeland
112+22 security established by IC 10-19-2-1.
113+23 (4) "School corporation" has the meaning set forth in
114+24 IC 20-26-2-4.
115+25 Sec. 2. A charter school, accredited nonpublic school, or school
116+26 corporation that has a teacher, staff member, or employee who is:
117+27 (1) currently employed by a:
118+28 (A) charter school;
119+29 (B) accredited nonpublic school; or
120+30 (C) school corporation;
121+31 (2) not currently subject to:
122+32 (A) an administrative suspension or investigation;
123+33 (B) a disciplinary complaint or disciplinary investigation;
124+34 (C) a criminal investigation or prosecution; or
125+35 (D) any proceeding or investigation comparable to those
126+36 described in clauses (A) through (C); and
127+37 (3) authorized by:
128+38 (A) a school board (as defined by IC 20-26-9-4); or
129+39 (B) the body that administers an accredited nonpublic
130+40 school or a charter school established under IC 20-24;
131+41 to carry a firearm in or on school property;
132+42 may apply to the department for a grant from the Indiana secured
133+EH 1177—LS 6751/DI 143 3
134+1 school fund established by IC 10-21-1-2.
135+2 Sec. 3. (a) A charter school, accredited nonpublic school, or
136+3 school corporation shall apply for a grant from the department in
137+4 the form and manner prescribed by the department.
138+5 (b) The department may adopt rules under IC 4-22-2, including
139+6 emergency rules in the manner provided under IC 4-22-2-37.1, to
140+7 implement this section.
141+8 Sec. 4. A grant provided to a charter school, accredited
142+9 nonpublic school, or school corporation under section 3 of this
143+10 chapter must be used by a teacher, school staff member, or school
144+11 employee to enroll in a course of specialized firearms instruction
145+12 that:
146+13 (1) is taught by an instructor who is or instructors who are
147+14 qualified to provide instruction in the topics described in
148+15 subdivision (2); and
149+16 (2) consists of the following topics:
150+17 (A) Not less than one (1) hour of general firearms safety.
151+18 This topic shall consist of the following subtopics:
152+19 (i) Safe handling of firearms.
153+20 (ii) Safe carrying of firearms.
154+21 (iii) Safe storage of firearms.
155+22 (B) Not less than one-half (1/2) hour of firearms
156+23 maintenance. This topic shall consist of the following
157+24 subtopics:
158+25 (i) General care of firearms.
159+26 (ii) Basic firearm cleaning, oiling, preventative
160+27 maintenance, and repair.
161+28 (C) Not less than twenty-four (24) hours on the following
162+29 topics:
163+30 (i) Basic marksmanship training that includes a
164+31 qualification standard established by the course
165+32 instructor.
166+33 (ii) Scenario based training.
167+34 (D) Not less than eight (8) hours of dynamic gun drills.
168+35 This topic shall consist of the following subtopics:
169+36 (i) Shooting in high-stress environments.
170+37 (ii) Shooting in highly populated environments.
171+38 (iii) Shooting while moving and communicating with
172+39 third parties.
173+40 (iv) Shooting at multiple targets.
174+41 (v) Shooting while moving to and from cover.
175+42 (E) Not less than one (1) hour on the topic of firearms
176+EH 1177—LS 6751/DI 143 4
177+1 retention. This topic shall consist of the following
178+2 subtopics:
179+3 (i) Retention of a handgun while holstered.
180+4 (ii) Retention of a handgun while drawn.
181+5 (iii) Retention of shotguns and rifles.
182+6 (iv) Responses to common handgun, shotgun, and rifle
183+7 disarming techniques.
184+8 (F) Not less than two (2) hours on the topic of tactical
185+9 movement and maneuvering while armed. This topic shall
186+10 discuss the presentation and manipulation of a firearm
187+11 while:
188+12 (i) moving;
189+13 (ii) in hallways;
190+14 (iii) at room entrances;
191+15 (iv) in open spaces and venues; and
192+16 (v) in restricted spaces and areas.
193+17 (G) Not less than one (1) hour on the legal consequences of
194+18 a use of force action.
195+19 (H) Not less than one (1) hour on the topic of post-shooting
196+20 considerations and consequences. This topic shall consist
197+21 of the following subtopics:
198+22 (i) Psychological and emotional responses following a
199+23 shooting or use of force action.
200+24 (ii) The proper securing of a weapon following a
201+25 shooting.
202+26 (iii) The preservation of evidence following a shooting or
203+27 use of force action.
204+28 (iv) Safely identifying oneself to a law enforcement
205+29 officer while armed or immediately following a use of
206+30 force action.
207+31 (I) Not less than one (1) hour on the topic of school
208+32 shootings and active shooter incidents. This topic shall
209+33 evaluate and analyze past school shootings and active
210+34 shooter incidents for the purpose of:
211+35 (i) illustrating concepts discussed during the safety and
212+36 training course; and
213+37 (ii) critiquing ineffective or dangerous responses made
214+38 by other individuals during the course of a school
215+39 shooting or active shooter incident.
216+40 (J) Any other topic or remedial training:
217+41 (i) deemed appropriate or necessary by the course
218+42 instructor; or
219+EH 1177—LS 6751/DI 143 5
220+1 (ii) necessitated by circumstances or conditions unique to
221+2 a specific school, teacher, or student.
222+3 (K) Not less than one (1) hour of tactical emergency
223+4 medical instruction.
224+5 Sec. 5. A charter school, accredited nonpublic school, or school
225+6 corporation that desires to apply for a grant from the department
226+7 under section 3 of this chapter must require each teacher, school
227+8 staff member, or school employee who seeks to use grant funds as
228+9 specified under this chapter to:
229+10 (1) have successfully completed the Minnesota multiphasic
230+11 personality inventory 2 (MMPI-2); and
231+12 (2) be able to provide proof of having completed the
232+13 Minnesota multiphasic personality inventory 2 (MMPI-2) to
233+14 the department upon request.
234+15 Sec. 6. (a) A charter school, accredited nonpublic school, or
235+16 school corporation that receives a grant from the department
236+17 under section 3 of this chapter shall ensure that any teacher, school
237+18 staff member, or school employee of the charter school, accredited
238+19 nonpublic school, or school corporation who receives training
239+20 funded by the grant enrolls in a course of firearms instruction that
240+21 meets the requirements specified in section 4 of this chapter.
241+22 (b) The course of firearms instruction may be completed in
242+23 parts or phases if permitted by the course instructor.
243+24 Sec. 7. (a) A teacher, school staff member, or school employee
244+25 who successfully completes a course of firearms instruction
245+26 described in section 4 of this chapter shall be awarded a certificate
246+27 of completion by the course instructor.
247+28 (b) A certificate of completion described under this section shall
248+29 display the following information:
249+30 (1) The course enrollee's name.
250+31 (2) The course instructor's name.
251+32 (3) The course instructor's handwritten signature.
252+33 (4) The date of course completion.
253+34 (5) Any other information deemed relevant or necessary by
254+35 the course instructor.
255+36 Sec. 8. A grant provided under section 3 of this chapter may not
256+37 be used to acquire firearms instruction that:
257+38 (1) fails to address each topic and subtopic described in
258+39 section 4 of this chapter; or
259+40 (2) is provided by a person lacking a valid certification or
260+41 necessary qualification, as applicable, to teach each topic and
261+42 subtopic described in section 4 of this chapter.
262+EH 1177—LS 6751/DI 143 6
263+1 Sec. 9. A charter school, accredited nonpublic school, or school
264+2 corporation that:
265+3 (1) violates section 8 of this chapter;
266+4 (2) uses a grant provided under section 3 of this chapter for a
267+5 purpose not specified in section 4 of this chapter; or
268+6 (3) is unable to provide the department with:
269+7 (A) a certificate of completion described in section 7(b) of
270+8 this chapter for a teacher, school staff member, or school
271+9 employee;
272+10 (B) proof that the teacher, school staff member, or school
273+11 employee is:
274+12 (i) currently enrolled in; or
275+13 (ii) otherwise in the process of completing;
276+14 a course of firearms instruction that complies with section
277+15 4 of this chapter upon request; or
278+16 (C) proof that a teacher, school staff member, or school
279+17 employee has completed the Minnesota multiphasic
280+18 personality inventory 2 (MMPI-2) upon request by the
281+19 department;
282+20 must reimburse the department in an amount equal to the amount
283+21 of any grant originally issued to the charter school, accredited
284+22 nonpublic school, or school corporation under this chapter.
285+23 Sec. 10. (a) The identity of a person who has enrolled in,
286+24 participated in, or completed the firearms instruction described in
287+25 section 4 of this chapter is confidential.
288+26 (b) A charter school, accredited nonpublic school, or school
289+27 corporation may not disclose the identity of any person described
290+28 in subsection (a) unless otherwise required by law.
291+29 SECTION 3. IC 20-19-3-30.4 IS ADDED TO THE INDIANA
292+30 CODE AS A NEW SECTION TO READ AS FOLLOWS
293+31 [EFFECTIVE JULY 1, 2023]: Sec. 30.4. (a) The department, in
294+32 collaboration with the state police department, shall:
295+33 (1) identify a set of best practices; and
296+34 (2) develop a set of educational materials;
297+35 regarding recommendations for the safe possession and storage of
298+36 a firearm in a home with a child.
299+37 (b) The best practices and educational materials described in
300+38 subsection (a) must include information on:
301+39 (1) firearm access;
302+40 (2) firearm handling;
303+41 (3) firearm storage;
304+42 (4) ammunition access; and
305+EH 1177—LS 6751/DI 143 7
306+1 (5) ammunition storage.
307+2 (c) After December 31, 2023, the department shall provide the
308+3 best practices and educational materials described in subsection (a)
309+4 to public schools, charter schools, and state accredited nonpublic
310+5 schools for annual distribution to parents of students.
311+6 (d) The department shall maintain a public website that
312+7 contains the best practices and educational materials described in
313+8 subsection (a). The department shall publicize the website and
314+9 promote the best practices and educational materials to all
315+10 elementary and high schools operating in the state.
316+11 SECTION 4. IC 20-26-5-43.5 IS ADDED TO THE INDIANA
317+12 CODE AS A NEW SECTION TO READ AS FOLLOWS
318+13 [EFFECTIVE JULY 1, 2023]: Sec. 43.5. (a) Notwithstanding any
319+14 other law or provision, a public school, including a charter school,
320+15 or an accredited nonpublic school may not conduct a training or
321+16 drill for an employee of the school that includes as any part of the
322+17 training or drill the expelling of any type of projectile at the
323+18 employee unless:
324+19 (1) the school informs the employee of the use of projectiles in
325+20 the training or drill; and
326+21 (2) the employee provides the school with written consent to
327+22 participate in training or a drill involving the use of
328+23 projectiles.
329+24 (b) Notwithstanding any other law or provision, a public school,
330+25 charter school, or accredited nonpublic school may not conduct or
331+26 approve of any training or a drill for a student of the school that
332+27 includes as any part of the training or drill the expelling of any
333+28 type of projectile at a student.
334+29 SECTION 5. IC 20-49-10-4, AS ADDED BY P.L.211-2018(ss),
335+30 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
336+31 JULY 1, 2023]: Sec. 4. (a) The school corporation and charter school
337+32 safety advance program is established. The purpose of the program is
338+33 to:
339+34 (1) make advances to school corporations or charter schools (or
340+35 one (1) or more coalitions of public schools applying jointly) for
341+36 equipment purchases or capital improvements necessary to
342+37 improve school security;
343+38 (2) increase school safety by:
344+39 (A) helping teachers, school staff, and school employees
345+40 acquire specialized firearms instruction; and
346+41 (B) defraying tuition related expenses for teachers, school
347+42 staff, and school employees who wish to enroll in the
348+EH 1177—LS 6751/DI 143 8
349+1 course of firearms instruction described in IC 10-21-3; and
350+2 (3) provide funding in the event of a school shooting to cover
351+3 the costs of counseling for students, teachers, school staff, and
352+4 school employees.
353+5 (b) The state board, in consultation with the secured school safety
354+6 board established by IC 10-21-1-3, shall administer the program.
355+7 (c) The total amount of advances that the state board may make
356+8 under this chapter during the state biennium beginning July 1, 2017,
357+9 and ending June 30, 2019, may not exceed thirty-five million dollars
358+10 ($35,000,000).
359+11 SECTION 6. IC 20-49-10-5, AS ADDED BY P.L.211-2018(ss),
360+12 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
361+13 JULY 1, 2023]: Sec. 5. (a) Advances made under this chapter may be
362+14 used to:
363+15 (1) purchase equipment, or make capital improvements needed to:
364+16 (1) (A) restrict access to schools;
365+17 (2) (B) expedite the notification of first responders; or
366+18 (3) (C) improve school security;
367+19 (2) increase school safety by:
368+20 (A) helping teachers, school staff, and school employees
369+21 acquire specialized firearms instruction; and
370+22 (B) defraying tuition related expenses for teachers, school
371+23 staff, and school employees who wish to enroll in the
372+24 course of firearms instruction described in IC 10-21-3; or
373+25 (3) provide funding in the event of a school shooting to cover
374+26 the costs of counseling for students, teachers, school staff, and
375+27 school employees.
376+28 (b) The maximum amount of an advance that a school corporation
377+29 or charter school may receive under this chapter may not exceed five
378+30 hundred thousand dollars ($500,000).
379+31 (c) The maximum amount of the advance that the state board may
380+32 approve under section 6(c) of this chapter is the lesser of:
381+33 (1) the maximum amount of an advance that may be awarded as
382+34 established by subsection (b); or
383+35 (2) the amount needed to cover costs approved by the secured
384+36 school safety board that are in excess of the amount awarded by
385+37 the secured school safety board under IC 10-21-1-4 and the
386+38 amount committed as a match by the school corporation or charter
387+39 school (or coalition of public schools filing jointly) that applied
388+40 for the grant under IC 10-21-1-5.
389+41 SECTION 7. IC 35-47-9-1, AS AMENDED BY P.L.107-2019,
390+42 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
391+EH 1177—LS 6751/DI 143 9
392+1 JULY 1, 2023]: Sec. 1. (a) This chapter does not apply to the following:
393+2 (1) A:
394+3 (A) federal;
395+4 (B) state; or
396+5 (C) local;
397+6 law enforcement officer.
398+7 (2) A:
399+8 (A) qualified law enforcement officer (as defined in 18
400+9 U.S.C. 926B); or
401+10 (B) qualified retired law enforcement officer (as defined in
402+11 18 U.S.C. 926C);
403+12 if the qualified law enforcement officer or qualified retired
404+13 law enforcement officer, as applicable, carries the
405+14 photographic identification required by 18 U.S.C. 926B or 18
406+15 U.S.C. 926C.
407+16 (2) (3) A person who may legally possess a firearm and who has
408+17 been authorized by:
409+18 (A) a school board (as defined by IC 20-26-9-4); or
410+19 (B) the body that administers a charter school established
411+20 under IC 20-24;
412+21 to carry a firearm in or on school property.
413+22 (3) (4) Except as provided in subsection (b) or (c), a person who:
414+23 (A) may legally possess a firearm; and
415+24 (B) possesses the firearm in a motor vehicle.
416+25 (4) (5) A person who is a school resource officer, as defined in
417+26 IC 20-26-18.2-1.
418+27 (5) (6) Except as provided in subsection (b) or (c), a person who:
419+28 (A) may legally possess a firearm; and
420+29 (B) possesses only a firearm that is:
421+30 (i) locked in the trunk of the person's motor vehicle;
422+31 (ii) kept in the glove compartment of the person's locked
423+32 motor vehicle; or
424+33 (iii) stored out of plain sight in the person's locked motor
425+34 vehicle.
426+35 (6) (7) A person who:
427+36 (A) may legally possess a firearm; and
428+37 (B) possesses a firearm on school property in connection with
429+38 or while:
430+39 (i) attending a worship service or religious ceremony
431+40 conducted at a house of worship located on the school
432+41 property; or
433+42 (ii) carrying out the person's official duties at a house of
434+EH 1177—LS 6751/DI 143 10
435+1 worship located on the school property, if the person is
436+2 employed by or a volunteer at the house of worship.
437+3 This subdivision does not affect the right of a property owner to
438+4 prohibit, in whole or in part, the possession of a firearm on a
439+5 property where a school or house of worship is located.
440+6 (b) For purposes of subsection (a)(3) (a)(4) and (a)(5), (a)(6), a
441+7 person does not include a person who is:
442+8 (1) enrolled as a student in any high school except if the person is
443+9 a high school student and is a member of a shooting sports team
444+10 and the school's principal has approved the person keeping a
445+11 firearm concealed in the person's motor vehicle on the days the
446+12 person is competing or practicing as a member of a shooting
447+13 sports team; or
448+14 (2) a former student of the school if the person is no longer
449+15 enrolled in the school due to a disciplinary action within the
450+16 previous twenty-four (24) months.
451+17 (c) For purposes of subsection (a)(3) (a)(4) and (a)(5), (a)(6), a
452+18 motor vehicle does not include a motor vehicle owned, leased, or
453+19 controlled by a school or school district unless the person who
454+20 possesses the firearm is authorized by the school or school district to
455+21 possess a firearm.
456+EH 1177—LS 6751/DI 143 11
457+COMMITTEE REPORT
458+Mr. Speaker: Your Committee on Education, to which was referred
459+House Bill 1177, has had the same under consideration and begs leave
460+to report the same back to the House with the recommendation that said
461+bill do pass.
462+(Reference is to HB 1177 as introduced.)
463+BEHNING
464+Committee Vote: Yeas 9, Nays 4
465+_____
466+COMMITTEE REPORT
467+Madam President: The Senate Committee on Education and Career
468+Development, to which was referred House Bill No. 1177, has had the
469+same under consideration and begs leave to report the same back to the
470+Senate with the recommendation that said bill be AMENDED as
471+follows:
472+Page 1, delete lines 1 through 17.
473+Delete pages 2 through 7.
474+Page 8, delete lines 1 through 7, begin a new paragraph and insert:
475+"SECTION 1. IC 10-21-1-16 IS ADDED TO THE INDIANA CODE
15476 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16477 1, 2023]: Sec. 16. (a) A school corporation, charter school, or
17478 accredited nonpublic school may apply to the department for a
18479 grant from the fund to:
19480 (1) increase school safety by:
20481 (A) helping teachers, school staff, and school employees
21482 acquire specialized firearms instruction as described in
22483 IC 10-21-3; and
23484 (B) defraying tuition related expenses for teachers, school
24485 staff, and school employees who wish to enroll in the
25486 course of firearms instruction described in IC 10-21-3; or
26487 (2) provide funding in the event of a school shooting to cover
27488 the costs of counseling for students, teachers, school staff, and
28489 school employees.
29490 (b) A school corporation, charter school, or accredited
30491 nonpublic school:
31492 (1) is not subject to the restriction in section 4 of this chapter
32493 that a school corporation, charter school, or accredited
33494 nonpublic school may receive only one (1) matching grant
495+EH 1177—LS 6751/DI 143 12
34496 each year; and
35497 (2) may receive an additional matching grant under section 4
36-HEA 1177 — CC 1 2
37-of this chapter for the purposes described in subsection (a).
38-SECTION 2. IC 10-21-3 IS ADDED TO THE INDIANA CODE AS
39-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
40-1, 2023]:
41-Chapter 3. Specialized Firearms Instruction for Teachers,
42-School Staff, and School Employees
43-Sec. 1. The following terms are defined for this chapter:
44-(1) "Accredited nonpublic school" means a nonpublic school
498+of this chapter for the purposes described in subsection (a).".
499+Page 8, delete lines 14 through 24, begin a new line block indented
500+and insert:
501+"(1) "Accredited nonpublic school" means a nonpublic school
45502 that:
46503 (A) has voluntarily become accredited under IC 20-31-4.1;
47504 or
48505 (B) is accredited by a national or regional accrediting
49506 agency that is recognized by the state board of education.
50507 (2) "Charter school" has the meaning set forth in
51508 IC 20-24-1-4.
52509 (3) "Department" refers to the department of homeland
53510 security established by IC 10-19-2-1.
54511 (4) "School corporation" has the meaning set forth in
55-IC 20-26-2-4.
56-Sec. 2. A charter school, accredited nonpublic school, or school
57-corporation that has a teacher, staff member, or employee who is:
58-(1) currently employed by:
59-(A) a charter school;
60-(B) an accredited nonpublic school; or
61-(C) a school corporation;
62-(2) not currently subject to:
63-(A) an administrative suspension or investigation;
64-(B) a disciplinary complaint or disciplinary investigation;
65-(C) a criminal investigation or prosecution; or
66-(D) any proceeding or investigation comparable to those
67-described in clauses (A) through (C); and
68-(3) authorized by:
69-(A) a school board (as defined by IC 20-26-9-4); or
70-(B) the body that administers an accredited nonpublic
71-school or a charter school established under IC 20-24;
72-to carry a firearm in or on school property;
73-may apply to the department for a grant from the Indiana secured
74-school fund established by IC 10-21-1-2.
75-Sec. 3. (a) A charter school, accredited nonpublic school, or
76-school corporation shall apply for a grant from the department in
77-the form and manner prescribed by the department.
78-(b) The department may adopt rules under IC 4-22-2, including
79-HEA 1177 — CC 1 3
80-emergency rules in the manner provided under IC 4-22-2-37.1, to
81-implement this section.
82-Sec. 4. A grant provided to a charter school, accredited
83-nonpublic school, or school corporation under section 3 of this
84-chapter must be used by a teacher, school staff member, or school
85-employee to enroll in a course of specialized firearms instruction
86-that:
87-(1) is taught by an instructor who is or instructors who are
88-qualified to provide instruction in the topics described in
89-subdivision (2); and
90-(2) consists of the following topics:
91-(A) Not less than one (1) hour of general firearms safety.
92-This topic shall consist of the following subtopics:
93-(i) Safe handling of firearms.
94-(ii) Safe carrying of firearms.
95-(iii) Safe storage of firearms.
96-(B) Not less than one-half (1/2) hour of firearms
97-maintenance. This topic shall consist of the following
98-subtopics:
99-(i) General care of firearms.
100-(ii) Basic firearm cleaning, oiling, preventative
101-maintenance, and repair.
102-(C) Not less than twenty-four (24) hours on the following
103-topics:
104-(i) Basic marksmanship training that includes a
105-qualification standard established by the course
106-instructor.
107-(ii) Scenario based training.
108-(D) Not less than eight (8) hours of dynamic gun drills.
109-This topic shall consist of the following subtopics:
110-(i) Shooting in high-stress environments.
111-(ii) Shooting in highly populated environments.
112-(iii) Shooting while moving and communicating with
113-third parties.
114-(iv) Shooting at multiple targets.
115-(v) Shooting while moving to and from cover.
116-(E) Not less than one (1) hour on the topic of firearms
117-retention. This topic shall consist of the following
118-subtopics:
119-(i) Retention of a handgun while holstered.
120-(ii) Retention of a handgun while drawn.
121-(iii) Retention of shotguns and rifles.
122-HEA 1177 — CC 1 4
123-(iv) Responses to common handgun, shotgun, and rifle
124-disarming techniques.
125-(F) Not less than two (2) hours on the topic of tactical
126-movement and maneuvering while armed. This topic shall
127-discuss the presentation and manipulation of a firearm
128-while:
129-(i) moving;
130-(ii) in hallways;
131-(iii) at room entrances;
132-(iv) in open spaces and venues; and
133-(v) in restricted spaces and areas.
134-(G) Not less than one (1) hour on the legal consequences of
135-a use of force action.
136-(H) Not less than one (1) hour on the topic of post-shooting
137-considerations and consequences. This topic shall consist
138-of the following subtopics:
139-(i) Psychological and emotional responses following a
140-shooting or use of force action.
141-(ii) The proper securing of a weapon following a
142-shooting.
143-(iii) The preservation of evidence following a shooting or
144-use of force action.
145-(iv) Safely identifying oneself to a law enforcement
146-officer while armed or immediately following a use of
147-force action.
148-(I) Not less than one (1) hour on the topic of school
149-shootings and active shooter incidents. This topic shall
150-evaluate and analyze past school shootings and active
151-shooter incidents for the purpose of:
152-(i) illustrating concepts discussed during the safety and
153-training course; and
154-(ii) critiquing ineffective or dangerous responses made
155-by other individuals during the course of a school
156-shooting or active shooter incident.
157-(J) Any other topic or remedial training:
158-(i) deemed appropriate or necessary by the course
159-instructor; or
160-(ii) necessitated by circumstances or conditions unique to
161-a specific school, teacher, or student.
162-(K) Not less than one (1) hour of tactical emergency
163-medical instruction.
164-Sec. 5. A charter school, accredited nonpublic school, or school
165-HEA 1177 — CC 1 5
166-corporation that desires to apply for a grant from the department
167-under section 3 of this chapter must require each teacher, school
168-staff member, or school employee who seeks to use grant funds as
169-specified under this chapter to:
170-(1) have successfully completed the Minnesota multiphasic
171-personality inventory 2 (MMPI-2); and
172-(2) be able to provide proof of having completed the
173-Minnesota multiphasic personality inventory 2 (MMPI-2) to
174-the department upon request.
175-Sec. 6. (a) A charter school, accredited nonpublic school, or
176-school corporation that receives a grant from the department
177-under section 3 of this chapter shall ensure that any teacher, school
178-staff member, or school employee of the charter school, accredited
179-nonpublic school, or school corporation who receives training
180-funded by the grant enrolls in a course of firearms instruction that
181-meets the requirements specified in section 4 of this chapter.
182-(b) The course of firearms instruction may be completed in
183-parts or phases if permitted by the course instructor.
184-Sec. 7. (a) A teacher, school staff member, or school employee
185-who successfully completes a course of firearms instruction
186-described in section 4 of this chapter shall be awarded a certificate
187-of completion by the course instructor.
188-(b) A certificate of completion described under this section shall
189-display the following information:
190-(1) The course enrollee's name.
191-(2) The course instructor's name.
192-(3) The course instructor's handwritten signature.
193-(4) The date of course completion.
194-(5) Any other information deemed relevant or necessary by
195-the course instructor.
196-Sec. 8. A grant provided under section 3 of this chapter may not
197-be used to acquire firearms instruction that:
198-(1) fails to address each topic and subtopic described in
199-section 4 of this chapter; or
200-(2) is provided by a person lacking a valid certification or
201-necessary qualification, as applicable, to teach each topic and
202-subtopic described in section 4 of this chapter.
203-Sec. 9. A charter school, accredited nonpublic school, or school
204-corporation that:
205-(1) violates section 8 of this chapter;
206-(2) uses a grant provided under section 3 of this chapter for a
207-purpose not specified in section 4 of this chapter; or
208-HEA 1177 — CC 1 6
209-(3) is unable to provide the department with:
210-(A) a certificate of completion described in section 7(b) of
211-this chapter for a teacher, school staff member, or school
212-employee;
213-(B) proof that the teacher, school staff member, or school
214-employee is:
215-(i) currently enrolled in; or
216-(ii) otherwise in the process of completing;
217-a course of firearms instruction that complies with section
218-4 of this chapter upon request; or
219-(C) proof that a teacher, school staff member, or school
220-employee has completed the Minnesota multiphasic
221-personality inventory 2 (MMPI-2) upon request by the
222-department;
223-must reimburse the department in an amount equal to the amount
224-of any grant originally issued to the charter school, accredited
225-nonpublic school, or school corporation under this chapter.
226-Sec. 10. (a) The identity of a person who has enrolled in,
227-participated in, or completed the firearms instruction described in
228-section 4 of this chapter is confidential.
229-(b) A charter school, accredited nonpublic school, or school
230-corporation may not disclose the identity of any person described
231-in subsection (a) unless otherwise required by law.
232-SECTION 3. IC 20-19-3-30.4 IS ADDED TO THE INDIANA
512+IC 20-26-2-4.".
513+Page 8, line 25, after "charter school," insert "accredited".
514+Page 8, line 29, after "(B)" insert "accredited".
515+Page 8, line 39, after "administers" insert "an accredited nonpublic
516+school or".
517+Page 8, line 42, delete "institute for a grant from the Indiana safe
518+schools" and insert "department for a grant from the Indiana
519+secured school".
520+Page 9, line 1, delete "IC 5-2-10.1-2" and insert "IC 10-21-1-2".
521+Page 9, line 2, after "charter school," insert "accredited".
522+Page 9, line 3, delete "institute" and insert "department".
523+Page 9, line 4, delete "institute." and insert "department.".
524+Page 9, line 5, delete "institute" and insert "department".
525+Page 9, line 8, after "charter school," insert "accredited".
526+Page 11, line 4, after "charter school," insert "accredited".
527+Page 11, line 5, delete "institute" and insert "department".
528+Page 11, line 13, delete "institute" and insert "department".
529+Page 11, line 14, after "charter school," insert "accredited".
530+Page 11, line 15, delete "institute" and insert "department".
531+Page 11, line 17, after "charter school," insert "accredited".
532+Page 11, line 42, after "charter school," insert "accredited".
533+Page 12, line 5, delete "institute" and insert "department".
534+Page 12, line 18, delete "institute;" and insert "department;".
535+Page 12, line 19, delete "institute" and insert "department".
536+Page 12, line 20, after "charter school," insert "accredited".
537+Page 12, line 25, after "charter school," insert "accredited".
538+EH 1177—LS 6751/DI 143 13
539+Page 12, between lines 27 and 28, begin a new paragraph and insert:
540+"SECTION 6. IC 20-19-3-30.4 IS ADDED TO THE INDIANA
233541 CODE AS A NEW SECTION TO READ AS FOLLOWS
234542 [EFFECTIVE JULY 1, 2023]: Sec. 30.4. (a) The department, in
235543 collaboration with the state police department, shall:
236544 (1) identify a set of best practices; and
237545 (2) develop a set of educational materials;
238546 regarding recommendations for the safe possession and storage of
239547 a firearm in a home with a child.
240548 (b) The best practices and educational materials described in
241549 subsection (a) must include information on:
242550 (1) firearm access;
243551 (2) firearm handling;
244552 (3) firearm storage;
245553 (4) ammunition access; and
246554 (5) ammunition storage.
247555 (c) After December 31, 2023, the department shall provide the
248556 best practices and educational materials described in subsection (a)
249557 to public schools, charter schools, and state accredited nonpublic
250558 schools for annual distribution to parents of students.
251-HEA 1177 — CC 1 7
252559 (d) The department shall maintain a public website that
253560 contains the best practices and educational materials described in
254561 subsection (a). The department shall publicize the website and
255562 promote the best practices and educational materials to all
256-elementary and high schools operating in the state.
257-SECTION 4. IC 20-26-5-42.5 IS ADDED TO THE INDIANA
258-CODE AS A NEW SECTION TO READ AS FOLLOWS
259-[EFFECTIVE JULY 1, 2023]: Sec. 42.5. (a) Notwithstanding any
260-other law or provision, a public school, including a charter school,
261-or a state accredited nonpublic school may not conduct a training
262-or drill for an employee of the school that includes as any part of
263-the training or drill the expelling of any type of projectile at the
264-employee unless:
265-(1) the school informs the employee of the use of projectiles in
266-the training or drill; and
267-(2) the employee provides the school with written consent to
268-participate in training or a drill involving the use of
269-projectiles.
270-(b) Notwithstanding any other law or provision, a public school,
271-charter school, or state accredited nonpublic school may not
272-conduct or approve of any training or a drill for a student of the
273-school that includes as any part of the training or drill the expelling
274-of any type of projectile at a student.
275-SECTION 5. IC 20-49-10-4, AS ADDED BY P.L.211-2018(ss),
276-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
277-JULY 1, 2023]: Sec. 4. (a) The school corporation and charter school
278-safety advance program is established. The purpose of the program is
279-to:
280-(1) make advances to school corporations or charter schools (or
281-one (1) or more coalitions of public schools applying jointly) for
282-equipment purchases or capital improvements necessary to
283-improve school security;
284-(2) increase school safety by:
285-(A) helping teachers, school staff, and school employees
286-acquire specialized firearms instruction; and
287-(B) defraying tuition related expenses for teachers, school
288-staff, and school employees who wish to enroll in the
289-course of firearms instruction described in IC 10-21-3; and
290-(3) provide funding in the event of a school shooting to cover
291-the costs of counseling for students, teachers, school staff, and
292-school employees.
293-(b) The state board, in consultation with the secured school safety
294-HEA 1177 — CC 1 8
295-board established by IC 10-21-1-3, shall administer the program.
296-(c) The total amount of advances that the state board may make
297-under this chapter during the state biennium beginning July 1, 2017,
298-and ending June 30, 2019, may not exceed thirty-five million dollars
299-($35,000,000).
300-SECTION 6. IC 20-49-10-5, AS ADDED BY P.L.211-2018(ss),
301-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
302-JULY 1, 2023]: Sec. 5. (a) Advances made under this chapter may be
303-used to:
304-(1) purchase equipment, or make capital improvements needed to:
305-(1) (A) restrict access to schools;
306-(2) (B) expedite the notification of first responders; or
307-(3) (C) improve school security;
308-(2) increase school safety by:
309-(A) helping teachers, school staff, and school employees
310-acquire specialized firearms instruction; and
311-(B) defraying tuition related expenses for teachers, school
312-staff, and school employees who wish to enroll in the
313-course of firearms instruction described in IC 10-21-3; or
314-(3) provide funding in the event of a school shooting to cover
315-the costs of counseling for students, teachers, school staff, and
316-school employees.
317-(b) The maximum amount of an advance that a school corporation
318-or charter school may receive under this chapter may not exceed five
319-hundred thousand dollars ($500,000).
320-(c) The maximum amount of the advance that the state board may
321-approve under section 6(c) of this chapter is the lesser of:
322-(1) the maximum amount of an advance that may be awarded as
323-established by subsection (b); or
324-(2) the amount needed to cover costs approved by the secured
325-school safety board that are in excess of the amount awarded by
326-the secured school safety board under IC 10-21-1-4 and the
327-amount committed as a match by the school corporation or charter
328-school (or coalition of public schools filing jointly) that applied
329-for the grant under IC 10-21-1-5.
330-SECTION 7. IC 35-47-9-1, AS AMENDED BY P.L.107-2019,
331-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
332-JULY 1, 2023]: Sec. 1. (a) This chapter does not apply to the following:
333-(1) A:
334-(A) federal;
335-(B) state; or
336-(C) local;
337-HEA 1177 — CC 1 9
338-law enforcement officer.
339-(2) A:
340-(A) qualified law enforcement officer (as defined in 18
341-U.S.C. 926B); or
342-(B) qualified retired law enforcement officer (as defined in
343-18 U.S.C. 926C);
344-if the qualified law enforcement officer or qualified retired
345-law enforcement officer, as applicable, carries the
346-photographic identification required by 18 U.S.C. 926B or 18
347-U.S.C. 926C.
348-(2) (3) A person who may legally possess a firearm and who has
349-been authorized by:
350-(A) a school board (as defined by IC 20-26-9-4); or
351-(B) the body that administers a charter school established
352-under IC 20-24;
353-to carry a firearm in or on school property.
354-(3) (4) Except as provided in subsection (b) or (c), a person who:
355-(A) may legally possess a firearm; and
356-(B) possesses the firearm in a motor vehicle.
357-(4) (5) A person who is a school resource officer, as defined in
358-IC 20-26-18.2-1.
359-(5) (6) Except as provided in subsection (b) or (c), a person who:
360-(A) may legally possess a firearm; and
361-(B) possesses only a firearm that is:
362-(i) locked in the trunk of the person's motor vehicle;
363-(ii) kept in the glove compartment of the person's locked
364-motor vehicle; or
365-(iii) stored out of plain sight in the person's locked motor
366-vehicle.
367-(6) (7) A person who:
368-(A) may legally possess a firearm; and
369-(B) possesses a firearm on school property in connection with
370-or while:
371-(i) attending a worship service or religious ceremony
372-conducted at a house of worship located on the school
373-property; or
374-(ii) carrying out the person's official duties at a house of
375-worship located on the school property, if the person is
376-employed by or a volunteer at the house of worship.
377-This subdivision does not affect the right of a property owner to
378-prohibit, in whole or in part, the possession of a firearm on a
379-property where a school or house of worship is located.
380-HEA 1177 — CC 1 10
381-(b) For purposes of subsection (a)(3) (a)(4) and (a)(5), (a)(6), a
382-person does not include a person who is:
383-(1) enrolled as a student in any high school except if the person is
384-a high school student and is a member of a shooting sports team
385-and the school's principal has approved the person keeping a
386-firearm concealed in the person's motor vehicle on the days the
387-person is competing or practicing as a member of a shooting
388-sports team; or
389-(2) a former student of the school if the person is no longer
390-enrolled in the school due to a disciplinary action within the
391-previous twenty-four (24) months.
392-(c) For purposes of subsection (a)(3) (a)(4) and (a)(5), (a)(6), a
393-motor vehicle does not include a motor vehicle owned, leased, or
394-controlled by a school or school district unless the person who
395-possesses the firearm is authorized by the school or school district to
396-possess a firearm.
397-HEA 1177 — CC 1 Speaker of the House of Representatives
398-President of the Senate
399-President Pro Tempore
400-Governor of the State of Indiana
401-Date: Time:
402-HEA 1177 — CC 1
563+elementary and high schools operating in the state.".
564+ Page 12, line 28, delete "IC 20-26-5-43" and insert
565+"IC 20-26-5-43.5".
566+Page 12, line 30, delete "43." and insert "43.5.".
567+Renumber all SECTIONS consecutively.
568+and when so amended that said bill do pass and be reassigned to the
569+Senate Committee on Appropriations.
570+(Reference is to HB 1177 as printed February 9, 2023.)
571+RAATZ, Chairperson
572+Committee Vote: Yeas 10, Nays 3.
573+EH 1177—LS 6751/DI 143 14
574+COMMITTEE REPORT
575+Madam President: The Senate Committee on Appropriations, to
576+which was referred Engrossed House Bill No. 1177, has had the same
577+under consideration and begs leave to report the same back to the
578+Senate with the recommendation that said bill DO PASS.
579+ (Reference is to EHB 1177 as printed April 7, 2023.)
580+
581+MISHLER, Chairperson
582+Committee Vote: Yeas 10, Nays 2
583+EH 1177—LS 6751/DI 143