Indiana 2023 Regular Session

Indiana House Bill HB1631 Latest Draft

Bill / Introduced Version Filed 01/19/2023

                             
Introduced Version
HOUSE BILL No. 1631
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 5-2-1; IC 5-10-10-4; IC 36-8-3-7.
Synopsis:  IMPD park rangers. Provides that a special law enforcement
officer employed by the city of Indianapolis full time after June 30,
2023, to perform park ranger duties (park ranger) is subject to the same
training requirements as regular law enforcement officers. Provides
that the facilities of the Indiana law enforcement academy must be used
to provide a park ranger with the required basic training. Provides that
a park ranger is eligible for a line of duty death benefit from the state
special death benefit fund.
Effective:  July 1, 2023.
Porter, Speedy
January 19, 2023, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2023	IN 1631—LS 7166/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. 1631
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 5-2-1-2, AS AMENDED BY P.L.64-2022,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 2. For the purposes of this chapter, and unless the
4 context clearly denotes otherwise, the following definitions apply
5 throughout this chapter:
6 (1) "Law enforcement officer" means an appointed officer or
7 employee hired by and on the payroll of the state, any of the
8 state's political subdivisions, a hospital police department (as
9 described in IC 16-18-4), a tribal police officer (as described in
10 IC 5-2-24), or a public or private postsecondary educational
11 institution whose board of trustees has established a police
12 department under IC 21-17-5-2 or IC 21-39-4-2 who is granted
13 lawful authority to enforce all or some of the penal laws of the
14 state of Indiana and who possesses, with respect to those laws, the
15 power to effect arrests for offenses committed in the officer's or
16 employee's presence. However, except as otherwise provided in
17 this chapter, the following are expressly excluded from the term
2023	IN 1631—LS 7166/DI 87 2
1 "law enforcement officer" for the purposes of this chapter:
2 (A) A constable.
3 (B) A special officer whose powers and duties are described
4 in IC 36-8-3-7 or a special deputy whose powers and duties are
5 described in IC 36-8-10-10.6. However, a special officer
6 employed by a consolidated city full time after June 30,
7 2023, to perform park ranger duties is a law enforcement
8 officer for the purposes of this chapter.
9 (C) A county police reserve officer who receives compensation
10 for lake patrol duties under IC 36-8-3-20(f)(3).
11 (D) A conservation reserve officer who receives compensation
12 for lake patrol duties under IC 14-9-8-27.
13 (E) An employee of the gaming commission whose powers
14 and duties are described in IC 4-32.3-9.
15 (F) A correctional police officer described in IC 11-8-9.
16 (2) "Board" means the law enforcement training board created by
17 this chapter.
18 (3) "Executive training program" means the police chief executive
19 training program developed by the board under section 9 of this
20 chapter.
21 (4) "Law enforcement training council" means one (1) of the
22 confederations of law enforcement agencies recognized by the
23 board and organized for the sole purpose of sharing training,
24 instructors, and related resources.
25 (5) "Training regarding the lawful use of force" includes
26 classroom and skills training in the proper application of hand to
27 hand defensive tactics, use of firearms, and other methods of:
28 (A) overcoming unlawful resistance; or
29 (B) countering other action that threatens the safety of the
30 public or a law enforcement officer.
31 (6) "Hiring or appointing authority" means:
32 (A) the chief executive officer, board, or other entity of a
33 police department or agency with authority to appoint and hire
34 law enforcement officers; or
35 (B) the governor, mayor, board, or other entity with the
36 authority to appoint a chief executive officer of a police
37 department or agency.
38 (7) "Crisis intervention team" refers to a local coalition with a
39 goal of improving the manner in which law enforcement and the
40 community respond to crisis situations in which an individual is
41 experiencing a mental health or addictive disorder crisis.
42 (8) "Law enforcement agency" means a state agency, a political
2023	IN 1631—LS 7166/DI 87 3
1 subdivision, a hospital police department (as described in
2 IC 16-18-4), a tribal law enforcement agency (as described in
3 IC 5-2-24), or a public or private postsecondary educational
4 institution that employs and has on its payroll a law enforcement
5 officer, including individuals described in subdivision (1)(A)
6 through (1)(F).
7 SECTION 2. IC 5-2-1-9, AS AMENDED BY THE TECHNICAL
8 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
9 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:
10 Sec. 9. (a) The board shall adopt in accordance with IC 4-22-2 all
11 necessary rules to carry out the provisions of this chapter. The rules,
12 which shall be adopted only after necessary and proper investigation
13 and inquiry by the board, shall include the establishment of the
14 following:
15 (1) A consistent and uniform statewide deadly force policy and
16 training program, that is consistent with state and federal law.
17 Upon adoption by the law enforcement training board, the policy
18 and training program must be implemented, without modification,
19 by all Indiana law enforcement agencies, offices, or departments.
20 (2) A consistent and uniform statewide defensive tactics policy
21 and training program, that is consistent with state and federal law.
22 Upon adoption by the law enforcement training board, the policy
23 and training program must be implemented, without modification,
24 by all Indiana law enforcement agencies, offices, or departments.
25 (3) A uniform statewide minimum standard for vehicle pursuits
26 consistent with state and federal law.
27 (4) Minimum standards of physical, educational, mental, and
28 moral fitness which shall govern the acceptance of any person for
29 training by any law enforcement training school or academy
30 meeting or exceeding the minimum standards established
31 pursuant to this chapter.
32 (5) Minimum standards for law enforcement training schools
33 administered by towns, cities, counties, law enforcement training
34 centers, agencies, or departments of the state.
35 (6) Minimum standards for courses of study, attendance
36 requirements, equipment, and facilities for approved town, city,
37 county, and state law enforcement officer, police reserve officer,
38 and conservation reserve officer training schools.
39 (7) Minimum standards for a course of study on cultural diversity
40 awareness, including training on the U nonimmigrant visa created
41 through the federal Victims of Trafficking and Violence
42 Protection Act of 2000 (P.L. 106-386) that must be required for
2023	IN 1631—LS 7166/DI 87 4
1 each person accepted for training at a law enforcement training
2 school or academy. Cultural diversity awareness study must
3 include an understanding of cultural issues related to race,
4 religion, gender, age, domestic violence, national origin, and
5 physical and mental disabilities.
6 (8) Minimum qualifications for instructors at approved law
7 enforcement training schools.
8 (9) Minimum basic training requirements which law enforcement
9 officers appointed to probationary terms shall complete before
10 being eligible for continued or permanent employment.
11 (10) Minimum basic training requirements which law
12 enforcement officers appointed on other than a permanent basis
13 shall complete in order to be eligible for continued employment
14 or permanent appointment.
15 (11) Minimum basic training requirements which law
16 enforcement officers appointed on a permanent basis shall
17 complete in order to be eligible for continued employment.
18 (12) Minimum basic training requirements for each person
19 accepted for training at a law enforcement training school or
20 academy that include six (6) hours of training in interacting with:
21 (A) persons with autism, mental illness, addictive disorders,
22 intellectual disabilities, and developmental disabilities;
23 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
24 and
25 (C) persons with Alzheimer's disease or related senile
26 dementia;
27 to be provided by persons approved by the secretary of family and
28 social services and the board. The training must include an
29 overview of the crisis intervention teams.
30 (13) Minimum standards for a course of study on human and
31 sexual trafficking that must be required for each person accepted
32 for training at a law enforcement training school or academy and
33 for inservice training programs for law enforcement officers. The
34 course must cover the following topics:
35 (A) Examination of the human and sexual trafficking laws (IC
36 35-42-3.5).
37 (B) Identification of human and sexual trafficking.
38 (C) Communicating with traumatized persons.
39 (D) Therapeutically appropriate investigative techniques.
40 (E) Collaboration with federal law enforcement officials.
41 (F) Rights of and protections afforded to victims.
42 (G) Providing documentation that satisfies the Declaration of
2023	IN 1631—LS 7166/DI 87 5
1 Law Enforcement Officer for Victim of Trafficking in Persons
2 (Form I-914, Supplement B) requirements established under
3 federal law.
4 (H) The availability of community resources to assist human
5 and sexual trafficking victims.
6 (14) Minimum standards for ongoing specialized, intensive, and
7 integrative training for persons responsible for investigating
8 sexual assault cases involving adult victims. This training must
9 include instruction on:
10 (A) the neurobiology of trauma;
11 (B) trauma informed interviewing; and
12 (C) investigative techniques.
13 (15) Minimum standards for de-escalation training. De-escalation
14 training shall be taught as a part of existing use-of-force training
15 and not as a separate topic.
16 (16) Minimum standards regarding best practices for crowd
17 control, protests, and First Amendment activities.
18 All statewide policies and minimum standards shall be documented in
19 writing and published on the Indiana law enforcement academy
20 (ILEA) website. Any policy, standard, or training program
21 implemented, adopted, or promulgated by a vote of the board may only
22 subsequently be modified or rescinded by a two-thirds (2/3) majority
23 vote of the board.
24 (b) A law enforcement officer appointed after July 5, 1972, and
25 before July 1, 1993, may not enforce the laws or ordinances of the state
26 or any political subdivision unless the officer has, within one (1) year
27 from the date of appointment, successfully completed the minimum
28 basic training requirements established under this chapter by the board.
29 If a person fails to successfully complete the basic training
30 requirements within one (1) year from the date of employment, the
31 officer may not perform any of the duties of a law enforcement officer
32 involving control or direction of members of the public or exercising
33 the power of arrest until the officer has successfully completed the
34 training requirements. This subsection does not apply to any law
35 enforcement officer appointed before July 6, 1972, or after June 30,
36 1993.
37 (c) Military leave or other authorized leave of absence from law
38 enforcement duty during the first year of employment after July 6,
39 1972, shall toll the running of the first year, which shall be calculated
40 by the aggregate of the time before and after the leave, for the purposes
41 of this chapter.
42 (d) Except as provided in subsections (e), (m), (t), and (u), a law
2023	IN 1631—LS 7166/DI 87 6
1 enforcement officer appointed to a law enforcement department or
2 agency after June 30, 1993, may not:
3 (1) make an arrest;
4 (2) conduct a search or a seizure of a person or property; or
5 (3) carry a firearm;
6 unless the law enforcement officer successfully completes, at a board
7 certified law enforcement academy or at a law enforcement training
8 center under section 10.5 or 15.2 of this chapter, the basic training
9 requirements established by the board under this chapter.
10 (e) This subsection does not apply to:
11 (1) a gaming agent employed as a law enforcement officer by the
12 Indiana gaming commission; or
13 (2) an:
14 (A) attorney; or
15 (B) investigator;
16 designated by the securities commissioner as a police officer of
17 the state under IC 23-19-6-1(k).
18 Before a law enforcement officer appointed after June 30, 1993,
19 completes the basic training requirements, the law enforcement officer
20 may exercise the police powers described in subsection (d) if the
21 officer successfully completes the pre-basic course established in
22 subsection (f). Successful completion of the pre-basic course authorizes
23 a law enforcement officer to exercise the police powers described in
24 subsection (d) for one (1) year after the date the law enforcement
25 officer is appointed.
26 (f) The board shall adopt rules under IC 4-22-2 to establish a
27 pre-basic course for the purpose of training:
28 (1) law enforcement officers;
29 (2) police reserve officers (as described in IC 36-8-3-20); and
30 (3) conservation reserve officers (as described in IC 14-9-8-27);
31 regarding the subjects of arrest, search and seizure, the lawful use of
32 force, de-escalation training, interacting with individuals with autism,
33 and the operation of an emergency vehicle. The pre-basic course must
34 be offered on a periodic basis throughout the year at regional sites
35 statewide. The pre-basic course must consist of at least forty (40) hours
36 of course work. The board may prepare the classroom part of the
37 pre-basic course using available technology in conjunction with live
38 instruction. The board shall provide the course material, the instructors,
39 and the facilities at the regional sites throughout the state that are used
40 for the pre-basic course. In addition, the board may certify pre-basic
41 courses that may be conducted by other public or private training
42 entities, including postsecondary educational institutions.
2023	IN 1631—LS 7166/DI 87 7
1 (g) Subject to subsection (h), the board shall adopt rules under
2 IC 4-22-2 to establish a mandatory inservice training program for
3 police officers and police reserve officers (as described in
4 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
5 satisfactorily completed basic training and has been appointed to a law
6 enforcement department or agency on either a full-time or part-time
7 basis is not eligible for continued employment unless the officer
8 satisfactorily completes the mandatory inservice training requirements
9 established by rules adopted by the board. Inservice training must
10 include de-escalation training. Inservice training must also include
11 training in interacting with persons with mental illness, addictive
12 disorders, intellectual disabilities, autism, developmental disabilities,
13 and Alzheimer's disease or related senile dementia, to be provided by
14 persons approved by the secretary of family and social services and the
15 board, and training concerning human and sexual trafficking and high
16 risk missing persons (as defined in IC 5-2-17-1). The board may
17 approve courses offered by other public or private training entities,
18 including postsecondary educational institutions, as necessary in order
19 to ensure the availability of an adequate number of inservice training
20 programs. The board may waive an officer's inservice training
21 requirements if the board determines that the officer's reason for
22 lacking the required amount of inservice training hours is due to either
23 an emergency situation or the unavailability of courses.
24 (h) This subsection applies only to a mandatory inservice training
25 program under subsection (g). Notwithstanding subsection (g), the
26 board may, without adopting rules under IC 4-22-2, modify the course
27 work of a training subject matter, modify the number of hours of
28 training required within a particular subject matter, or add a new
29 subject matter, if the board satisfies the following requirements:
30 (1) The board must conduct at least two (2) public meetings on
31 the proposed modification or addition.
32 (2) After approving the modification or addition at a public
33 meeting, the board must post notice of the modification or
34 addition on the Indiana law enforcement academy's Internet web
35 site website at least thirty (30) days before the modification or
36 addition takes effect.
37 If the board does not satisfy the requirements of this subsection, the
38 modification or addition is void. This subsection does not authorize the
39 board to eliminate any inservice training subject matter required under
40 subsection (g).
41 (i) The board shall also adopt rules establishing a town marshal
42 basic training program, subject to the following:
2023	IN 1631—LS 7166/DI 87 8
1 (1) The program must require fewer hours of instruction and class
2 attendance and fewer courses of study than are required for the
3 mandated basic training program.
4 (2) Certain parts of the course materials may be studied by a
5 candidate at the candidate's home in order to fulfill requirements
6 of the program.
7 (3) Law enforcement officers successfully completing the
8 requirements of the program are eligible for appointment only in
9 towns employing the town marshal system (IC 36-5-7) and having
10 not more than one (1) marshal and two (2) deputies.
11 (4) The limitation imposed by subdivision (3) does not apply to an
12 officer who has successfully completed the mandated basic
13 training program.
14 (5) The time limitations imposed by subsections (b) and (c) for
15 completing the training are also applicable to the town marshal
16 basic training program.
17 (6) The program must require training in interacting with
18 individuals with autism.
19 (j) The board shall adopt rules under IC 4-22-2 to establish an
20 executive training program. The executive training program must
21 include training in the following areas:
22 (1) Liability.
23 (2) Media relations.
24 (3) Accounting and administration.
25 (4) Discipline.
26 (5) Department policy making.
27 (6) Lawful use of force and de-escalation training.
28 (7) Department programs.
29 (8) Emergency vehicle operation.
30 (9) Cultural diversity.
31 (k) A police chief shall apply for admission to the executive training
32 program within two (2) months of the date the police chief initially
33 takes office. A police chief must successfully complete the executive
34 training program within six (6) months of the date the police chief
35 initially takes office. However, if space in the executive training
36 program is not available at a time that will allow completion of the
37 executive training program within six (6) months of the date the police
38 chief initially takes office, the police chief must successfully complete
39 the next available executive training program that is offered after the
40 police chief initially takes office.
41 (l) A police chief who fails to comply with subsection (k) may not
42 continue to serve as the police chief until completion of the executive
2023	IN 1631—LS 7166/DI 87 9
1 training program. For the purposes of this subsection and subsection
2 (k), "police chief" refers to:
3 (1) the police chief of any city;
4 (2) the police chief of any town having a metropolitan police
5 department; and
6 (3) the chief of a consolidated law enforcement department
7 established under IC 36-3-1-5.1.
8 A town marshal is not considered to be a police chief for these
9 purposes, but a town marshal may enroll in the executive training
10 program.
11 (m) A fire investigator in the department of homeland security
12 appointed after December 31, 1993, is required to comply with the
13 basic training standards established under this chapter.
14 (n) The board shall adopt rules under IC 4-22-2 to establish a
15 program to certify handgun safety courses, including courses offered
16 in the private sector, that meet standards approved by the board for
17 training probation officers in handgun safety as required by
18 IC 11-13-1-3.5(2).
19 (o) The board shall adopt rules under IC 4-22-2 to establish a
20 refresher course for an officer who:
21 (1) is hired by an Indiana law enforcement department or agency
22 as a law enforcement officer;
23 (2) has not been employed as a law enforcement officer for:
24 (A) at least two (2) years; and
25 (B) less than six (6) years before the officer is hired under
26 subdivision (1); and
27 (3) completed at any time a basic training course certified or
28 recognized by the board before the officer is hired under
29 subdivision (1).
30 (p) An officer to whom subsection (o) applies must successfully
31 complete the refresher course described in subsection (o) not later than
32 six (6) months after the officer's date of hire, or the officer loses the
33 officer's powers of:
34 (1) arrest;
35 (2) search; and
36 (3) seizure.
37 (q) The board shall adopt rules under IC 4-22-2 to establish a
38 refresher course for an officer who:
39 (1) is appointed by an Indiana law enforcement department or
40 agency as a reserve police officer; and
41 (2) has not worked as a reserve police officer for at least two (2)
42 years after:
2023	IN 1631—LS 7166/DI 87 10
1 (A) completing the pre-basic course; or
2 (B) leaving the individual's last appointment as a reserve
3 police officer.
4 An officer to whom this subsection applies must successfully complete
5 the refresher course established by the board in order to work as a
6 reserve police officer.
7 (r) This subsection applies to an individual who, at the time the
8 individual completes a board certified or recognized basic training
9 course, has not been appointed as a law enforcement officer by an
10 Indiana law enforcement department or agency. If the individual is not
11 employed as a law enforcement officer for at least two (2) years after
12 completing the basic training course, the individual must successfully
13 retake and complete the basic training course as set forth in subsection
14 (d).
15 (s) The board shall adopt rules under IC 4-22-2 to establish a
16 refresher course for an individual who:
17 (1) is appointed as a board certified instructor of law enforcement
18 training; and
19 (2) has not provided law enforcement training instruction for
20 more than one (1) year after the date the individual's instructor
21 certification expired.
22 An individual to whom this subsection applies must successfully
23 complete the refresher course established by the board in order to
24 renew the individual's instructor certification.
25 (t) This subsection applies only to a gaming agent employed as a
26 law enforcement officer by the Indiana gaming commission. A gaming
27 agent appointed after June 30, 2005, may exercise the police powers
28 described in subsection (d) if:
29 (1) the agent successfully completes the pre-basic course
30 established in subsection (f); and
31 (2) the agent successfully completes any other training courses
32 established by the Indiana gaming commission in conjunction
33 with the board.
34 (u) This subsection applies only to a securities enforcement officer
35 designated as a law enforcement officer by the securities
36 commissioner. A securities enforcement officer may exercise the police
37 powers described in subsection (d) if:
38 (1) the securities enforcement officer successfully completes the
39 pre-basic course established in subsection (f); and
40 (2) the securities enforcement officer successfully completes any
41 other training courses established by the securities commissioner
42 in conjunction with the board.
2023	IN 1631—LS 7166/DI 87 11
1 (v) As used in this section, "upper level policymaking position"
2 refers to the following:
3 (1) If the authorized size of the department or town marshal
4 system is not more than ten (10) members, the term refers to the
5 position held by the police chief or town marshal.
6 (2) If the authorized size of the department or town marshal
7 system is more than ten (10) members but less than fifty-one (51)
8 members, the term refers to:
9 (A) the position held by the police chief or town marshal; and
10 (B) each position held by the members of the police
11 department or town marshal system in the next rank and pay
12 grade immediately below the police chief or town marshal.
13 (3) If the authorized size of the department or town marshal
14 system is more than fifty (50) members, the term refers to:
15 (A) the position held by the police chief or town marshal; and
16 (B) each position held by the members of the police
17 department or town marshal system in the next two (2) ranks
18 and pay grades immediately below the police chief or town
19 marshal.
20 (w) (v) This subsection applies only to a correctional police officer
21 employed by the department of correction. A correctional police officer
22 may exercise the police powers described in subsection (d) if:
23 (1) the officer successfully completes the pre-basic course
24 described in subsection (f); and
25 (2) the officer successfully completes any other training courses
26 established by the department of correction in conjunction with
27 the board.
28 (x) (w) This subsection applies only to the sexual assault training
29 described in subsection (a)(14). The board shall:
30 (1) consult with experts on the neurobiology of trauma, trauma
31 informed interviewing, and investigative techniques in developing
32 the sexual assault training; and
33 (2) develop the sexual assault training and begin offering the
34 training not later than July 1, 2022.
35 (y) (x) After July 1, 2023, a law enforcement officer who regularly
36 investigates sexual assaults involving adult victims must complete the
37 training requirements described in subsection (a)(14) within one (1)
38 year of being assigned to regularly investigate sexual assaults involving
39 adult victims.
40 (z) (y) A law enforcement officer who regularly investigates sexual
41 assaults involving adult victims may complete the training
42 requirements described in subsection (a)(14) by attending a:
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1 (1) statewide or national training; or
2 (2) department hosted local training.
3 (aa) (z) Notwithstanding any other provisions of this section, the
4 board is authorized to establish certain required standards of training
5 and procedure.
6 SECTION 3. IC 5-2-1-15, AS AMENDED BY P.L.64-2022,
7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2023]: Sec. 15. (a) The facilities of the law enforcement
9 academy shall be available to any law enforcement agency of the state,
10 or any of its political subdivisions, subject to the rules of the board.
11 (b) Any law enforcement agency of the state, any of its political
12 subdivisions, or any board certified training center may conduct
13 training:
14 (1) for the law enforcement agency of any political subdivision in
15 Indiana; and
16 (2) in facilities other than those of the law enforcement academy;
17 if the minimum standards established by the board are met or exceeded.
18 (c) A law enforcement agency or a board certified training center
19 conducting approved local training under subsection (b) may be
20 entitled to a per capita allowance from the law enforcement training
21 fund to defray such portions of the cost of basic training as shall be
22 approved by the board. Such per capita allowance shall be earmarked
23 and expended only for law enforcement training.
24 (d) The facilities of the law enforcement academy shall be available
25 for the training of railroad police, prison and industrial plant guards,
26 tribal police, postsecondary educational institution safety and security
27 personnel, whether public or private, for the training of any law
28 enforcement agency from outside Indiana, and for the training of such
29 other enforcement related groups as shall be approved by the board,
30 upon terms and conditions established by the board. Railroad police,
31 tribal police, and any law enforcement agency from outside Indiana,
32 and nongovernmental enforcement related groups qualifying to use the
33 facilities of the academy under the rules of the board shall be required
34 to reimburse the law enforcement training fund for the cost of such
35 training.
36 (e) The facilities of the law enforcement academy may be used for
37 the training of firefighting personnel where the subject matter of the
38 training relates to duties which involve law enforcement related
39 conduct. Such training shall be conducted upon terms and conditions
40 established by the board. However, no volunteer firefighter is required
41 to attend training at the academy.
42 (f) The facilities of the law enforcement academy shall be used
2023	IN 1631—LS 7166/DI 87 13
1 to provide the basic training under section 9(d) of this chapter of
2 a special officer of a consolidated city who is employed full time by
3 the consolidated city after June 30, 2023, to perform park ranger
4 duties.
5 (f) (g) The cost of the mandatory basic training conducted by the
6 board at the facilities of the law enforcement academy and all other
7 training programs authorized by this chapter and conducted at the law
8 enforcement training academy, including the mandatory basic training
9 course when attended by trainees who have been investigated and
10 approved but not yet hired by a law enforcement agency, are subject to
11 fee schedules and charges for tuition, lodging, meals, instructors,
12 training materials, and any other items or services established by the
13 board, including amounts needed to recoup corresponding marginal
14 and fixed costs. The costs and the fee schedule must be an annual
15 schedule for the state fiscal year and must be approved by the budget
16 director.
17 SECTION 4. IC 5-10-10-4, AS AMENDED BY P.L.119-2022,
18 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2023]: Sec. 4. As used in this chapter, "public safety officer"
20 means any of the following:
21 (1) A state police officer.
22 (2) A county sheriff.
23 (3) A county police officer.
24 (4) A correctional officer.
25 (5) An excise police officer.
26 (6) A county police reserve officer.
27 (7) A city or town police reserve officer.
28 (8) A conservation enforcement officer.
29 (9) A town marshal.
30 (10) A deputy town marshal.
31 (11) A probation officer.
32 (12) A state educational institution police officer appointed under
33 IC 21-39-4.
34 (13) A police officer whose employer purchases coverage under
35 section 4.5 of this chapter.
36 (14) An emergency medical services provider (as defined in
37 IC 16-41-10-1) who is:
38 (A) employed by a political subdivision (as defined in
39 IC 36-1-2-13); and
40 (B) not eligible for a special death benefit under IC 36-8-6-20,
41 IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20.
42 (15) A firefighter who is employed by the fire department of a
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1 state university.
2 (16) A firefighter whose employer purchases coverage under
3 section 4.5 of this chapter.
4 (17) A member of a consolidated law enforcement department
5 established under IC 36-3-1-5.1.
6 (18) A gaming agent of the Indiana gaming commission.
7 (19) A person who is:
8 (A) employed by a political subdivision (as defined in
9 IC 36-1-2-13); and
10 (B) appointed as a special deputy under IC 36-8-10-10.6.
11 (20) A school corporation police officer appointed under
12 IC 20-26-16.
13 (21) A gaming control officer of the Indiana gaming commission.
14 (22) An eligible chaplain who meets the requirements of section
15 4.7 of this chapter.
16 (23) A community corrections officer.
17 (24) An eligible emergency medical services provider who meets
18 the requirements of section 4.8 of this chapter.
19 (25) An emergency medical services provider whose employer
20 purchases coverage under section 4.9 of this chapter.
21 (26) An emergency management worker (as defined in
22 IC 10-14-3-3), including:
23 (A) an employee of the Indiana department of homeland
24 security who is working in an official capacity as an employee
25 during a disaster or an emergency response; or
26 (B) an employee of a political subdivision who is employed as:
27 (i) an emergency management director;
28 (ii) an assistant emergency management director; or
29 (iii) a deputy emergency management director;
30 for the political subdivision.
31 (27) A division fire investigator (as described in IC 22-14-2-8).
32 (28) A school resource officer (as defined in IC 20-26-18.2-1)
33 who is not otherwise entitled to a line of duty benefit under:
34 (A) IC 36-8-6-20;
35 (B) IC 36-8-7.5-22; or
36 (C) IC 36-8-8-20;
37 while acting as a school resource officer.
38 (29) A county coroner.
39 (30) A deputy county coroner.
40 (31) A special officer employed full time by a consolidated city
41 to perform park ranger duties.
42 SECTION 5. IC 36-8-3-7 IS AMENDED TO READ AS FOLLOWS
2023	IN 1631—LS 7166/DI 87 15
1 [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) The safety board may detail
2 regular police officers or firefighters, or appoint and swear an
3 additional number of special police officers or firefighters, to do special
4 duty within the city. Regular police officers and firefighters serving
5 special duty shall be paid the same rate per diem for this service as is
6 paid to members of the department in their regular employment. The
7 board may determine the compensation of persons serving special duty
8 in all other cases.
9 (b) Unless the safety board designates otherwise, the special police
10 officers are subject to the police chief and the special firefighters are
11 subject to the fire chief. If they are employees of departments other
12 than the police or fire department, they shall obey the rules of their
13 respective departments and conform to its discipline and orders to the
14 extent these do not conflict with the orders of the safety board. A
15 person other than a regular police officer or firefighter may not wear a
16 uniform the design of which is not easily distinguishable from or which
17 conforms with respect to the color or design of the state police or a
18 sheriff's patrol of the county in which the city is located or the police
19 or fire department of the city. Special police officers and firefighters,
20 during the term of their appointment, have those powers, privileges,
21 and duties assigned to them by the safety board. They have these
22 powers, privileges, and duties only while fulfilling the specific
23 responsibilities for which the appointment is made. Persons other than
24 regular police officers and firefighters appointed under this section may
25 be removed by the safety board at any time without notice and without
26 assigning any cause.
27 (c) The powers and duties of officers appointed to serve as security
28 police for school corporations include:
29 (1) the protection of school personnel while on school business,
30 including school children, employees, and members of the
31 governing body of the school corporation; and
32 (2) the protection of all school corporation property.
33 (d) Auxiliary firefighters directly connected with and created to
34 augment the regular fire departments may wear a uniform the design of
35 which is established by the safety board. Persons so appointed may be
36 removed at any time by the board, without notice and without assigning
37 any cause.
38 (e) In time of emergency the safety board may also detail members
39 from the police or fire department for the use of any other department
40 of the city government.
41 (f) This subsection applies only to a special officer who is
42 employed full time by a consolidated city to perform park ranger
2023	IN 1631—LS 7166/DI 87 16
1 duties after June 30, 2023. An officer is subject to IC 5-2-1, and the
2 facilities of the law enforcement academy shall be used to provide
3 the officer's basic training under IC 5-2-1-9(d).
2023	IN 1631—LS 7166/DI 87