Indiana 2023 Regular Session

Indiana House Bill HB1631 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1631
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2-1; IC 5-10-10-4; IC 36-8-3-7.
7	7	Synopsis: IMPD park rangers. Provides that a special law enforcement
8	8	officer employed by the city of Indianapolis full time after June 30,
9	9	2023, to perform park ranger duties (park ranger) is subject to the same
10	10	training requirements as regular law enforcement officers. Provides
11	11	that the facilities of the Indiana law enforcement academy must be used
12	12	to provide a park ranger with the required basic training. Provides that
13	13	a park ranger is eligible for a line of duty death benefit from the state
14	14	special death benefit fund.
15	15	Effective: July 1, 2023.
16	16	Porter, Speedy
17	17	January 19, 2023, read first time and referred to Committee on Veterans Affairs and Public
18	18	Safety.
19	19	2023 IN 1631—LS 7166/DI 87 Introduced
20	20	First Regular Session of the 123rd General Assembly (2023)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2022 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1631
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning state
32	32	and local administration.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 5-2-1-2, AS AMENDED BY P.L.64-2022,
35	35	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36	36	3 JULY 1, 2023]: Sec. 2. For the purposes of this chapter, and unless the
37	37	4 context clearly denotes otherwise, the following definitions apply
38	38	5 throughout this chapter:
39	39	6 (1) "Law enforcement officer" means an appointed officer or
40	40	7 employee hired by and on the payroll of the state, any of the
41	41	8 state's political subdivisions, a hospital police department (as
42	42	9 described in IC 16-18-4), a tribal police officer (as described in
43	43	10 IC 5-2-24), or a public or private postsecondary educational
44	44	11 institution whose board of trustees has established a police
45	45	12 department under IC 21-17-5-2 or IC 21-39-4-2 who is granted
46	46	13 lawful authority to enforce all or some of the penal laws of the
47	47	14 state of Indiana and who possesses, with respect to those laws, the
48	48	15 power to effect arrests for offenses committed in the officer's or
49	49	16 employee's presence. However, except as otherwise provided in
50	50	17 this chapter, the following are expressly excluded from the term
51	51	2023 IN 1631—LS 7166/DI 87 2
52	52	1 "law enforcement officer" for the purposes of this chapter:
53	53	2 (A) A constable.
54	54	3 (B) A special officer whose powers and duties are described
55	55	4 in IC 36-8-3-7 or a special deputy whose powers and duties are
56	56	5 described in IC 36-8-10-10.6. However, a special officer
57	57	6 employed by a consolidated city full time after June 30,
58	58	7 2023, to perform park ranger duties is a law enforcement
59	59	8 officer for the purposes of this chapter.
60	60	9 (C) A county police reserve officer who receives compensation
61	61	10 for lake patrol duties under IC 36-8-3-20(f)(3).
62	62	11 (D) A conservation reserve officer who receives compensation
63	63	12 for lake patrol duties under IC 14-9-8-27.
64	64	13 (E) An employee of the gaming commission whose powers
65	65	14 and duties are described in IC 4-32.3-9.
66	66	15 (F) A correctional police officer described in IC 11-8-9.
67	67	16 (2) "Board" means the law enforcement training board created by
68	68	17 this chapter.
69	69	18 (3) "Executive training program" means the police chief executive
70	70	19 training program developed by the board under section 9 of this
71	71	20 chapter.
72	72	21 (4) "Law enforcement training council" means one (1) of the
73	73	22 confederations of law enforcement agencies recognized by the
74	74	23 board and organized for the sole purpose of sharing training,
75	75	24 instructors, and related resources.
76	76	25 (5) "Training regarding the lawful use of force" includes
77	77	26 classroom and skills training in the proper application of hand to
78	78	27 hand defensive tactics, use of firearms, and other methods of:
79	79	28 (A) overcoming unlawful resistance; or
80	80	29 (B) countering other action that threatens the safety of the
81	81	30 public or a law enforcement officer.
82	82	31 (6) "Hiring or appointing authority" means:
83	83	32 (A) the chief executive officer, board, or other entity of a
84	84	33 police department or agency with authority to appoint and hire
85	85	34 law enforcement officers; or
86	86	35 (B) the governor, mayor, board, or other entity with the
87	87	36 authority to appoint a chief executive officer of a police
88	88	37 department or agency.
89	89	38 (7) "Crisis intervention team" refers to a local coalition with a
90	90	39 goal of improving the manner in which law enforcement and the
91	91	40 community respond to crisis situations in which an individual is
92	92	41 experiencing a mental health or addictive disorder crisis.
93	93	42 (8) "Law enforcement agency" means a state agency, a political
94	94	2023 IN 1631—LS 7166/DI 87 3
95	95	1 subdivision, a hospital police department (as described in
96	96	2 IC 16-18-4), a tribal law enforcement agency (as described in
97	97	3 IC 5-2-24), or a public or private postsecondary educational
98	98	4 institution that employs and has on its payroll a law enforcement
99	99	5 officer, including individuals described in subdivision (1)(A)
100	100	6 through (1)(F).
101	101	7 SECTION 2. IC 5-2-1-9, AS AMENDED BY THE TECHNICAL
102	102	8 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
103	103	9 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:
104	104	10 Sec. 9. (a) The board shall adopt in accordance with IC 4-22-2 all
105	105	11 necessary rules to carry out the provisions of this chapter. The rules,
106	106	12 which shall be adopted only after necessary and proper investigation
107	107	13 and inquiry by the board, shall include the establishment of the
108	108	14 following:
109	109	15 (1) A consistent and uniform statewide deadly force policy and
110	110	16 training program, that is consistent with state and federal law.
111	111	17 Upon adoption by the law enforcement training board, the policy
112	112	18 and training program must be implemented, without modification,
113	113	19 by all Indiana law enforcement agencies, offices, or departments.
114	114	20 (2) A consistent and uniform statewide defensive tactics policy
115	115	21 and training program, that is consistent with state and federal law.
116	116	22 Upon adoption by the law enforcement training board, the policy
117	117	23 and training program must be implemented, without modification,
118	118	24 by all Indiana law enforcement agencies, offices, or departments.
119	119	25 (3) A uniform statewide minimum standard for vehicle pursuits
120	120	26 consistent with state and federal law.
121	121	27 (4) Minimum standards of physical, educational, mental, and
122	122	28 moral fitness which shall govern the acceptance of any person for
123	123	29 training by any law enforcement training school or academy
124	124	30 meeting or exceeding the minimum standards established
125	125	31 pursuant to this chapter.
126	126	32 (5) Minimum standards for law enforcement training schools
127	127	33 administered by towns, cities, counties, law enforcement training
128	128	34 centers, agencies, or departments of the state.
129	129	35 (6) Minimum standards for courses of study, attendance
130	130	36 requirements, equipment, and facilities for approved town, city,
131	131	37 county, and state law enforcement officer, police reserve officer,
132	132	38 and conservation reserve officer training schools.
133	133	39 (7) Minimum standards for a course of study on cultural diversity
134	134	40 awareness, including training on the U nonimmigrant visa created
135	135	41 through the federal Victims of Trafficking and Violence
136	136	42 Protection Act of 2000 (P.L. 106-386) that must be required for
137	137	2023 IN 1631—LS 7166/DI 87 4
138	138	1 each person accepted for training at a law enforcement training
139	139	2 school or academy. Cultural diversity awareness study must
140	140	3 include an understanding of cultural issues related to race,
141	141	4 religion, gender, age, domestic violence, national origin, and
142	142	5 physical and mental disabilities.
143	143	6 (8) Minimum qualifications for instructors at approved law
144	144	7 enforcement training schools.
145	145	8 (9) Minimum basic training requirements which law enforcement
146	146	9 officers appointed to probationary terms shall complete before
147	147	10 being eligible for continued or permanent employment.
148	148	11 (10) Minimum basic training requirements which law
149	149	12 enforcement officers appointed on other than a permanent basis
150	150	13 shall complete in order to be eligible for continued employment
151	151	14 or permanent appointment.
152	152	15 (11) Minimum basic training requirements which law
153	153	16 enforcement officers appointed on a permanent basis shall
154	154	17 complete in order to be eligible for continued employment.
155	155	18 (12) Minimum basic training requirements for each person
156	156	19 accepted for training at a law enforcement training school or
157	157	20 academy that include six (6) hours of training in interacting with:
158	158	21 (A) persons with autism, mental illness, addictive disorders,
159	159	22 intellectual disabilities, and developmental disabilities;
160	160	23 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
161	161	24 and
162	162	25 (C) persons with Alzheimer's disease or related senile
163	163	26 dementia;
164	164	27 to be provided by persons approved by the secretary of family and
165	165	28 social services and the board. The training must include an
166	166	29 overview of the crisis intervention teams.
167	167	30 (13) Minimum standards for a course of study on human and
168	168	31 sexual trafficking that must be required for each person accepted
169	169	32 for training at a law enforcement training school or academy and
170	170	33 for inservice training programs for law enforcement officers. The
171	171	34 course must cover the following topics:
172	172	35 (A) Examination of the human and sexual trafficking laws (IC
173	173	36 35-42-3.5).
174	174	37 (B) Identification of human and sexual trafficking.
175	175	38 (C) Communicating with traumatized persons.
176	176	39 (D) Therapeutically appropriate investigative techniques.
177	177	40 (E) Collaboration with federal law enforcement officials.
178	178	41 (F) Rights of and protections afforded to victims.
179	179	42 (G) Providing documentation that satisfies the Declaration of
180	180	2023 IN 1631—LS 7166/DI 87 5
181	181	1 Law Enforcement Officer for Victim of Trafficking in Persons
182	182	2 (Form I-914, Supplement B) requirements established under
183	183	3 federal law.
184	184	4 (H) The availability of community resources to assist human
185	185	5 and sexual trafficking victims.
186	186	6 (14) Minimum standards for ongoing specialized, intensive, and
187	187	7 integrative training for persons responsible for investigating
188	188	8 sexual assault cases involving adult victims. This training must
189	189	9 include instruction on:
190	190	10 (A) the neurobiology of trauma;
191	191	11 (B) trauma informed interviewing; and
192	192	12 (C) investigative techniques.
193	193	13 (15) Minimum standards for de-escalation training. De-escalation
194	194	14 training shall be taught as a part of existing use-of-force training
195	195	15 and not as a separate topic.
196	196	16 (16) Minimum standards regarding best practices for crowd
197	197	17 control, protests, and First Amendment activities.
198	198	18 All statewide policies and minimum standards shall be documented in
199	199	19 writing and published on the Indiana law enforcement academy
200	200	20 (ILEA) website. Any policy, standard, or training program
201	201	21 implemented, adopted, or promulgated by a vote of the board may only
202	202	22 subsequently be modified or rescinded by a two-thirds (2/3) majority
203	203	23 vote of the board.
204	204	24 (b) A law enforcement officer appointed after July 5, 1972, and
205	205	25 before July 1, 1993, may not enforce the laws or ordinances of the state
206	206	26 or any political subdivision unless the officer has, within one (1) year
207	207	27 from the date of appointment, successfully completed the minimum
208	208	28 basic training requirements established under this chapter by the board.
209	209	29 If a person fails to successfully complete the basic training
210	210	30 requirements within one (1) year from the date of employment, the
211	211	31 officer may not perform any of the duties of a law enforcement officer
212	212	32 involving control or direction of members of the public or exercising
213	213	33 the power of arrest until the officer has successfully completed the
214	214	34 training requirements. This subsection does not apply to any law
215	215	35 enforcement officer appointed before July 6, 1972, or after June 30,
216	216	36 1993.
217	217	37 (c) Military leave or other authorized leave of absence from law
218	218	38 enforcement duty during the first year of employment after July 6,
219	219	39 1972, shall toll the running of the first year, which shall be calculated
220	220	40 by the aggregate of the time before and after the leave, for the purposes
221	221	41 of this chapter.
222	222	42 (d) Except as provided in subsections (e), (m), (t), and (u), a law
223	223	2023 IN 1631—LS 7166/DI 87 6
224	224	1 enforcement officer appointed to a law enforcement department or
225	225	2 agency after June 30, 1993, may not:
226	226	3 (1) make an arrest;
227	227	4 (2) conduct a search or a seizure of a person or property; or
228	228	5 (3) carry a firearm;
229	229	6 unless the law enforcement officer successfully completes, at a board
230	230	7 certified law enforcement academy or at a law enforcement training
231	231	8 center under section 10.5 or 15.2 of this chapter, the basic training
232	232	9 requirements established by the board under this chapter.
233	233	10 (e) This subsection does not apply to:
234	234	11 (1) a gaming agent employed as a law enforcement officer by the
235	235	12 Indiana gaming commission; or
236	236	13 (2) an:
237	237	14 (A) attorney; or
238	238	15 (B) investigator;
239	239	16 designated by the securities commissioner as a police officer of
240	240	17 the state under IC 23-19-6-1(k).
241	241	18 Before a law enforcement officer appointed after June 30, 1993,
242	242	19 completes the basic training requirements, the law enforcement officer
243	243	20 may exercise the police powers described in subsection (d) if the
244	244	21 officer successfully completes the pre-basic course established in
245	245	22 subsection (f). Successful completion of the pre-basic course authorizes
246	246	23 a law enforcement officer to exercise the police powers described in
247	247	24 subsection (d) for one (1) year after the date the law enforcement
248	248	25 officer is appointed.
249	249	26 (f) The board shall adopt rules under IC 4-22-2 to establish a
250	250	27 pre-basic course for the purpose of training:
251	251	28 (1) law enforcement officers;
252	252	29 (2) police reserve officers (as described in IC 36-8-3-20); and
253	253	30 (3) conservation reserve officers (as described in IC 14-9-8-27);
254	254	31 regarding the subjects of arrest, search and seizure, the lawful use of
255	255	32 force, de-escalation training, interacting with individuals with autism,
256	256	33 and the operation of an emergency vehicle. The pre-basic course must
257	257	34 be offered on a periodic basis throughout the year at regional sites
258	258	35 statewide. The pre-basic course must consist of at least forty (40) hours
259	259	36 of course work. The board may prepare the classroom part of the
260	260	37 pre-basic course using available technology in conjunction with live
261	261	38 instruction. The board shall provide the course material, the instructors,
262	262	39 and the facilities at the regional sites throughout the state that are used
263	263	40 for the pre-basic course. In addition, the board may certify pre-basic
264	264	41 courses that may be conducted by other public or private training
265	265	42 entities, including postsecondary educational institutions.
266	266	2023 IN 1631—LS 7166/DI 87 7
267	267	1 (g) Subject to subsection (h), the board shall adopt rules under
268	268	2 IC 4-22-2 to establish a mandatory inservice training program for
269	269	3 police officers and police reserve officers (as described in
270	270	4 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
271	271	5 satisfactorily completed basic training and has been appointed to a law
272	272	6 enforcement department or agency on either a full-time or part-time
273	273	7 basis is not eligible for continued employment unless the officer
274	274	8 satisfactorily completes the mandatory inservice training requirements
275	275	9 established by rules adopted by the board. Inservice training must
276	276	10 include de-escalation training. Inservice training must also include
277	277	11 training in interacting with persons with mental illness, addictive
278	278	12 disorders, intellectual disabilities, autism, developmental disabilities,
279	279	13 and Alzheimer's disease or related senile dementia, to be provided by
280	280	14 persons approved by the secretary of family and social services and the
281	281	15 board, and training concerning human and sexual trafficking and high
282	282	16 risk missing persons (as defined in IC 5-2-17-1). The board may
283	283	17 approve courses offered by other public or private training entities,
284	284	18 including postsecondary educational institutions, as necessary in order
285	285	19 to ensure the availability of an adequate number of inservice training
286	286	20 programs. The board may waive an officer's inservice training
287	287	21 requirements if the board determines that the officer's reason for
288	288	22 lacking the required amount of inservice training hours is due to either
289	289	23 an emergency situation or the unavailability of courses.
290	290	24 (h) This subsection applies only to a mandatory inservice training
291	291	25 program under subsection (g). Notwithstanding subsection (g), the
292	292	26 board may, without adopting rules under IC 4-22-2, modify the course
293	293	27 work of a training subject matter, modify the number of hours of
294	294	28 training required within a particular subject matter, or add a new
295	295	29 subject matter, if the board satisfies the following requirements:
296	296	30 (1) The board must conduct at least two (2) public meetings on
297	297	31 the proposed modification or addition.
298	298	32 (2) After approving the modification or addition at a public
299	299	33 meeting, the board must post notice of the modification or
300	300	34 addition on the Indiana law enforcement academy's Internet web
301	301	35 site website at least thirty (30) days before the modification or
302	302	36 addition takes effect.
303	303	37 If the board does not satisfy the requirements of this subsection, the
304	304	38 modification or addition is void. This subsection does not authorize the
305	305	39 board to eliminate any inservice training subject matter required under
306	306	40 subsection (g).
307	307	41 (i) The board shall also adopt rules establishing a town marshal
308	308	42 basic training program, subject to the following:
309	309	2023 IN 1631—LS 7166/DI 87 8
310	310	1 (1) The program must require fewer hours of instruction and class
311	311	2 attendance and fewer courses of study than are required for the
312	312	3 mandated basic training program.
313	313	4 (2) Certain parts of the course materials may be studied by a
314	314	5 candidate at the candidate's home in order to fulfill requirements
315	315	6 of the program.
316	316	7 (3) Law enforcement officers successfully completing the
317	317	8 requirements of the program are eligible for appointment only in
318	318	9 towns employing the town marshal system (IC 36-5-7) and having
319	319	10 not more than one (1) marshal and two (2) deputies.
320	320	11 (4) The limitation imposed by subdivision (3) does not apply to an
321	321	12 officer who has successfully completed the mandated basic
322	322	13 training program.
323	323	14 (5) The time limitations imposed by subsections (b) and (c) for
324	324	15 completing the training are also applicable to the town marshal
325	325	16 basic training program.
326	326	17 (6) The program must require training in interacting with
327	327	18 individuals with autism.
328	328	19 (j) The board shall adopt rules under IC 4-22-2 to establish an
329	329	20 executive training program. The executive training program must
330	330	21 include training in the following areas:
331	331	22 (1) Liability.
332	332	23 (2) Media relations.
333	333	24 (3) Accounting and administration.
334	334	25 (4) Discipline.
335	335	26 (5) Department policy making.
336	336	27 (6) Lawful use of force and de-escalation training.
337	337	28 (7) Department programs.
338	338	29 (8) Emergency vehicle operation.
339	339	30 (9) Cultural diversity.
340	340	31 (k) A police chief shall apply for admission to the executive training
341	341	32 program within two (2) months of the date the police chief initially
342	342	33 takes office. A police chief must successfully complete the executive
343	343	34 training program within six (6) months of the date the police chief
344	344	35 initially takes office. However, if space in the executive training
345	345	36 program is not available at a time that will allow completion of the
346	346	37 executive training program within six (6) months of the date the police
347	347	38 chief initially takes office, the police chief must successfully complete
348	348	39 the next available executive training program that is offered after the
349	349	40 police chief initially takes office.
350	350	41 (l) A police chief who fails to comply with subsection (k) may not
351	351	42 continue to serve as the police chief until completion of the executive
352	352	2023 IN 1631—LS 7166/DI 87 9
353	353	1 training program. For the purposes of this subsection and subsection
354	354	2 (k), "police chief" refers to:
355	355	3 (1) the police chief of any city;
356	356	4 (2) the police chief of any town having a metropolitan police
357	357	5 department; and
358	358	6 (3) the chief of a consolidated law enforcement department
359	359	7 established under IC 36-3-1-5.1.
360	360	8 A town marshal is not considered to be a police chief for these
361	361	9 purposes, but a town marshal may enroll in the executive training
362	362	10 program.
363	363	11 (m) A fire investigator in the department of homeland security
364	364	12 appointed after December 31, 1993, is required to comply with the
365	365	13 basic training standards established under this chapter.
366	366	14 (n) The board shall adopt rules under IC 4-22-2 to establish a
367	367	15 program to certify handgun safety courses, including courses offered
368	368	16 in the private sector, that meet standards approved by the board for
369	369	17 training probation officers in handgun safety as required by
370	370	18 IC 11-13-1-3.5(2).
371	371	19 (o) The board shall adopt rules under IC 4-22-2 to establish a
372	372	20 refresher course for an officer who:
373	373	21 (1) is hired by an Indiana law enforcement department or agency
374	374	22 as a law enforcement officer;
375	375	23 (2) has not been employed as a law enforcement officer for:
376	376	24 (A) at least two (2) years; and
377	377	25 (B) less than six (6) years before the officer is hired under
378	378	26 subdivision (1); and
379	379	27 (3) completed at any time a basic training course certified or
380	380	28 recognized by the board before the officer is hired under
381	381	29 subdivision (1).
382	382	30 (p) An officer to whom subsection (o) applies must successfully
383	383	31 complete the refresher course described in subsection (o) not later than
384	384	32 six (6) months after the officer's date of hire, or the officer loses the
385	385	33 officer's powers of:
386	386	34 (1) arrest;
387	387	35 (2) search; and
388	388	36 (3) seizure.
389	389	37 (q) The board shall adopt rules under IC 4-22-2 to establish a
390	390	38 refresher course for an officer who:
391	391	39 (1) is appointed by an Indiana law enforcement department or
392	392	40 agency as a reserve police officer; and
393	393	41 (2) has not worked as a reserve police officer for at least two (2)
394	394	42 years after:
395	395	2023 IN 1631—LS 7166/DI 87 10
396	396	1 (A) completing the pre-basic course; or
397	397	2 (B) leaving the individual's last appointment as a reserve
398	398	3 police officer.
399	399	4 An officer to whom this subsection applies must successfully complete
400	400	5 the refresher course established by the board in order to work as a
401	401	6 reserve police officer.
402	402	7 (r) This subsection applies to an individual who, at the time the
403	403	8 individual completes a board certified or recognized basic training
404	404	9 course, has not been appointed as a law enforcement officer by an
405	405	10 Indiana law enforcement department or agency. If the individual is not
406	406	11 employed as a law enforcement officer for at least two (2) years after
407	407	12 completing the basic training course, the individual must successfully
408	408	13 retake and complete the basic training course as set forth in subsection
409	409	14 (d).
410	410	15 (s) The board shall adopt rules under IC 4-22-2 to establish a
411	411	16 refresher course for an individual who:
412	412	17 (1) is appointed as a board certified instructor of law enforcement
413	413	18 training; and
414	414	19 (2) has not provided law enforcement training instruction for
415	415	20 more than one (1) year after the date the individual's instructor
416	416	21 certification expired.
417	417	22 An individual to whom this subsection applies must successfully
418	418	23 complete the refresher course established by the board in order to
419	419	24 renew the individual's instructor certification.
420	420	25 (t) This subsection applies only to a gaming agent employed as a
421	421	26 law enforcement officer by the Indiana gaming commission. A gaming
422	422	27 agent appointed after June 30, 2005, may exercise the police powers
423	423	28 described in subsection (d) if:
424	424	29 (1) the agent successfully completes the pre-basic course
425	425	30 established in subsection (f); and
426	426	31 (2) the agent successfully completes any other training courses
427	427	32 established by the Indiana gaming commission in conjunction
428	428	33 with the board.
429	429	34 (u) This subsection applies only to a securities enforcement officer
430	430	35 designated as a law enforcement officer by the securities
431	431	36 commissioner. A securities enforcement officer may exercise the police
432	432	37 powers described in subsection (d) if:
433	433	38 (1) the securities enforcement officer successfully completes the
434	434	39 pre-basic course established in subsection (f); and
435	435	40 (2) the securities enforcement officer successfully completes any
436	436	41 other training courses established by the securities commissioner
437	437	42 in conjunction with the board.
438	438	2023 IN 1631—LS 7166/DI 87 11
439	439	1 (v) As used in this section, "upper level policymaking position"
440	440	2 refers to the following:
441	441	3 (1) If the authorized size of the department or town marshal
442	442	4 system is not more than ten (10) members, the term refers to the
443	443	5 position held by the police chief or town marshal.
444	444	6 (2) If the authorized size of the department or town marshal
445	445	7 system is more than ten (10) members but less than fifty-one (51)
446	446	8 members, the term refers to:
447	447	9 (A) the position held by the police chief or town marshal; and
448	448	10 (B) each position held by the members of the police
449	449	11 department or town marshal system in the next rank and pay
450	450	12 grade immediately below the police chief or town marshal.
451	451	13 (3) If the authorized size of the department or town marshal
452	452	14 system is more than fifty (50) members, the term refers to:
453	453	15 (A) the position held by the police chief or town marshal; and
454	454	16 (B) each position held by the members of the police
455	455	17 department or town marshal system in the next two (2) ranks
456	456	18 and pay grades immediately below the police chief or town
457	457	19 marshal.
458	458	20 (w) (v) This subsection applies only to a correctional police officer
459	459	21 employed by the department of correction. A correctional police officer
460	460	22 may exercise the police powers described in subsection (d) if:
461	461	23 (1) the officer successfully completes the pre-basic course
462	462	24 described in subsection (f); and
463	463	25 (2) the officer successfully completes any other training courses
464	464	26 established by the department of correction in conjunction with
465	465	27 the board.
466	466	28 (x) (w) This subsection applies only to the sexual assault training
467	467	29 described in subsection (a)(14). The board shall:
468	468	30 (1) consult with experts on the neurobiology of trauma, trauma
469	469	31 informed interviewing, and investigative techniques in developing
470	470	32 the sexual assault training; and
471	471	33 (2) develop the sexual assault training and begin offering the
472	472	34 training not later than July 1, 2022.
473	473	35 (y) (x) After July 1, 2023, a law enforcement officer who regularly
474	474	36 investigates sexual assaults involving adult victims must complete the
475	475	37 training requirements described in subsection (a)(14) within one (1)
476	476	38 year of being assigned to regularly investigate sexual assaults involving
477	477	39 adult victims.
478	478	40 (z) (y) A law enforcement officer who regularly investigates sexual
479	479	41 assaults involving adult victims may complete the training
480	480	42 requirements described in subsection (a)(14) by attending a:
481	481	2023 IN 1631—LS 7166/DI 87 12
482	482	1 (1) statewide or national training; or
483	483	2 (2) department hosted local training.
484	484	3 (aa) (z) Notwithstanding any other provisions of this section, the
485	485	4 board is authorized to establish certain required standards of training
486	486	5 and procedure.
487	487	6 SECTION 3. IC 5-2-1-15, AS AMENDED BY P.L.64-2022,
488	488	7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
489	489	8 JULY 1, 2023]: Sec. 15. (a) The facilities of the law enforcement
490	490	9 academy shall be available to any law enforcement agency of the state,
491	491	10 or any of its political subdivisions, subject to the rules of the board.
492	492	11 (b) Any law enforcement agency of the state, any of its political
493	493	12 subdivisions, or any board certified training center may conduct
494	494	13 training:
495	495	14 (1) for the law enforcement agency of any political subdivision in
496	496	15 Indiana; and
497	497	16 (2) in facilities other than those of the law enforcement academy;
498	498	17 if the minimum standards established by the board are met or exceeded.
499	499	18 (c) A law enforcement agency or a board certified training center
500	500	19 conducting approved local training under subsection (b) may be
501	501	20 entitled to a per capita allowance from the law enforcement training
502	502	21 fund to defray such portions of the cost of basic training as shall be
503	503	22 approved by the board. Such per capita allowance shall be earmarked
504	504	23 and expended only for law enforcement training.
505	505	24 (d) The facilities of the law enforcement academy shall be available
506	506	25 for the training of railroad police, prison and industrial plant guards,
507	507	26 tribal police, postsecondary educational institution safety and security
508	508	27 personnel, whether public or private, for the training of any law
509	509	28 enforcement agency from outside Indiana, and for the training of such
510	510	29 other enforcement related groups as shall be approved by the board,
511	511	30 upon terms and conditions established by the board. Railroad police,
512	512	31 tribal police, and any law enforcement agency from outside Indiana,
513	513	32 and nongovernmental enforcement related groups qualifying to use the
514	514	33 facilities of the academy under the rules of the board shall be required
515	515	34 to reimburse the law enforcement training fund for the cost of such
516	516	35 training.
517	517	36 (e) The facilities of the law enforcement academy may be used for
518	518	37 the training of firefighting personnel where the subject matter of the
519	519	38 training relates to duties which involve law enforcement related
520	520	39 conduct. Such training shall be conducted upon terms and conditions
521	521	40 established by the board. However, no volunteer firefighter is required
522	522	41 to attend training at the academy.
523	523	42 (f) The facilities of the law enforcement academy shall be used
524	524	2023 IN 1631—LS 7166/DI 87 13
525	525	1 to provide the basic training under section 9(d) of this chapter of
526	526	2 a special officer of a consolidated city who is employed full time by
527	527	3 the consolidated city after June 30, 2023, to perform park ranger
528	528	4 duties.
529	529	5 (f) (g) The cost of the mandatory basic training conducted by the
530	530	6 board at the facilities of the law enforcement academy and all other
531	531	7 training programs authorized by this chapter and conducted at the law
532	532	8 enforcement training academy, including the mandatory basic training
533	533	9 course when attended by trainees who have been investigated and
534	534	10 approved but not yet hired by a law enforcement agency, are subject to
535	535	11 fee schedules and charges for tuition, lodging, meals, instructors,
536	536	12 training materials, and any other items or services established by the
537	537	13 board, including amounts needed to recoup corresponding marginal
538	538	14 and fixed costs. The costs and the fee schedule must be an annual
539	539	15 schedule for the state fiscal year and must be approved by the budget
540	540	16 director.
541	541	17 SECTION 4. IC 5-10-10-4, AS AMENDED BY P.L.119-2022,
542	542	18 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
543	543	19 JULY 1, 2023]: Sec. 4. As used in this chapter, "public safety officer"
544	544	20 means any of the following:
545	545	21 (1) A state police officer.
546	546	22 (2) A county sheriff.
547	547	23 (3) A county police officer.
548	548	24 (4) A correctional officer.
549	549	25 (5) An excise police officer.
550	550	26 (6) A county police reserve officer.
551	551	27 (7) A city or town police reserve officer.
552	552	28 (8) A conservation enforcement officer.
553	553	29 (9) A town marshal.
554	554	30 (10) A deputy town marshal.
555	555	31 (11) A probation officer.
556	556	32 (12) A state educational institution police officer appointed under
557	557	33 IC 21-39-4.
558	558	34 (13) A police officer whose employer purchases coverage under
559	559	35 section 4.5 of this chapter.
560	560	36 (14) An emergency medical services provider (as defined in
561	561	37 IC 16-41-10-1) who is:
562	562	38 (A) employed by a political subdivision (as defined in
563	563	39 IC 36-1-2-13); and
564	564	40 (B) not eligible for a special death benefit under IC 36-8-6-20,
565	565	41 IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20.
566	566	42 (15) A firefighter who is employed by the fire department of a
567	567	2023 IN 1631—LS 7166/DI 87 14
568	568	1 state university.
569	569	2 (16) A firefighter whose employer purchases coverage under
570	570	3 section 4.5 of this chapter.
571	571	4 (17) A member of a consolidated law enforcement department
572	572	5 established under IC 36-3-1-5.1.
573	573	6 (18) A gaming agent of the Indiana gaming commission.
574	574	7 (19) A person who is:
575	575	8 (A) employed by a political subdivision (as defined in
576	576	9 IC 36-1-2-13); and
577	577	10 (B) appointed as a special deputy under IC 36-8-10-10.6.
578	578	11 (20) A school corporation police officer appointed under
579	579	12 IC 20-26-16.
580	580	13 (21) A gaming control officer of the Indiana gaming commission.
581	581	14 (22) An eligible chaplain who meets the requirements of section
582	582	15 4.7 of this chapter.
583	583	16 (23) A community corrections officer.
584	584	17 (24) An eligible emergency medical services provider who meets
585	585	18 the requirements of section 4.8 of this chapter.
586	586	19 (25) An emergency medical services provider whose employer
587	587	20 purchases coverage under section 4.9 of this chapter.
588	588	21 (26) An emergency management worker (as defined in
589	589	22 IC 10-14-3-3), including:
590	590	23 (A) an employee of the Indiana department of homeland
591	591	24 security who is working in an official capacity as an employee
592	592	25 during a disaster or an emergency response; or
593	593	26 (B) an employee of a political subdivision who is employed as:
594	594	27 (i) an emergency management director;
595	595	28 (ii) an assistant emergency management director; or
596	596	29 (iii) a deputy emergency management director;
597	597	30 for the political subdivision.
598	598	31 (27) A division fire investigator (as described in IC 22-14-2-8).
599	599	32 (28) A school resource officer (as defined in IC 20-26-18.2-1)
600	600	33 who is not otherwise entitled to a line of duty benefit under:
601	601	34 (A) IC 36-8-6-20;
602	602	35 (B) IC 36-8-7.5-22; or
603	603	36 (C) IC 36-8-8-20;
604	604	37 while acting as a school resource officer.
605	605	38 (29) A county coroner.
606	606	39 (30) A deputy county coroner.
607	607	40 (31) A special officer employed full time by a consolidated city
608	608	41 to perform park ranger duties.
609	609	42 SECTION 5. IC 36-8-3-7 IS AMENDED TO READ AS FOLLOWS
610	610	2023 IN 1631—LS 7166/DI 87 15
611	611	1 [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) The safety board may detail
612	612	2 regular police officers or firefighters, or appoint and swear an
613	613	3 additional number of special police officers or firefighters, to do special
614	614	4 duty within the city. Regular police officers and firefighters serving
615	615	5 special duty shall be paid the same rate per diem for this service as is
616	616	6 paid to members of the department in their regular employment. The
617	617	7 board may determine the compensation of persons serving special duty
618	618	8 in all other cases.
619	619	9 (b) Unless the safety board designates otherwise, the special police
620	620	10 officers are subject to the police chief and the special firefighters are
621	621	11 subject to the fire chief. If they are employees of departments other
622	622	12 than the police or fire department, they shall obey the rules of their
623	623	13 respective departments and conform to its discipline and orders to the
624	624	14 extent these do not conflict with the orders of the safety board. A
625	625	15 person other than a regular police officer or firefighter may not wear a
626	626	16 uniform the design of which is not easily distinguishable from or which
627	627	17 conforms with respect to the color or design of the state police or a
628	628	18 sheriff's patrol of the county in which the city is located or the police
629	629	19 or fire department of the city. Special police officers and firefighters,
630	630	20 during the term of their appointment, have those powers, privileges,
631	631	21 and duties assigned to them by the safety board. They have these
632	632	22 powers, privileges, and duties only while fulfilling the specific
633	633	23 responsibilities for which the appointment is made. Persons other than
634	634	24 regular police officers and firefighters appointed under this section may
635	635	25 be removed by the safety board at any time without notice and without
636	636	26 assigning any cause.
637	637	27 (c) The powers and duties of officers appointed to serve as security
638	638	28 police for school corporations include:
639	639	29 (1) the protection of school personnel while on school business,
640	640	30 including school children, employees, and members of the
641	641	31 governing body of the school corporation; and
642	642	32 (2) the protection of all school corporation property.
643	643	33 (d) Auxiliary firefighters directly connected with and created to
644	644	34 augment the regular fire departments may wear a uniform the design of
645	645	35 which is established by the safety board. Persons so appointed may be
646	646	36 removed at any time by the board, without notice and without assigning
647	647	37 any cause.
648	648	38 (e) In time of emergency the safety board may also detail members
649	649	39 from the police or fire department for the use of any other department
650	650	40 of the city government.
651	651	41 (f) This subsection applies only to a special officer who is
652	652	42 employed full time by a consolidated city to perform park ranger
653	653	2023 IN 1631—LS 7166/DI 87 16
654	654	1 duties after June 30, 2023. An officer is subject to IC 5-2-1, and the
655	655	2 facilities of the law enforcement academy shall be used to provide
656	656	3 the officer's basic training under IC 5-2-1-9(d).
657	657	2023 IN 1631—LS 7166/DI 87