1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 294 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 5-2-1. |
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7 | 7 | | Synopsis: Critical incident training at ILEA. Requires the law |
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8 | 8 | | enforcement training board to develop a 40 hour critical incident or |
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9 | 9 | | crisis intervention response training program in consultation with the |
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10 | 10 | | technical assistance center. Requires that the program's curriculum be |
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11 | 11 | | equivalent to curriculum developed by the National Alliance on Mental |
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12 | 12 | | Illness and Crisis Intervention Teams International (NAMI/CIT |
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13 | 13 | | International). Requires a law enforcement training school or academy |
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14 | 14 | | to include the program as part of the basic training requirements. |
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15 | 15 | | Makes technical corrections and removes an unused definition. |
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16 | 16 | | Effective: Upon passage; July 1, 2023. |
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17 | 17 | | Sandlin |
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18 | 18 | | January 11, 2023, read first time and referred to Committee on Homeland Security and |
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19 | 19 | | Transportation. |
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20 | 20 | | 2023 IN 294—LS 6662/DI 116 Introduced |
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21 | 21 | | First Regular Session of the 123rd General Assembly (2023) |
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22 | 22 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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23 | 23 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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24 | 24 | | additions will appear in this style type, and deletions will appear in this style type. |
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25 | 25 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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26 | 26 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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27 | 27 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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28 | 28 | | a new provision to the Indiana Code or the Indiana Constitution. |
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29 | 29 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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30 | 30 | | between statutes enacted by the 2022 Regular Session of the General Assembly. |
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31 | 31 | | SENATE BILL No. 294 |
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32 | 32 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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33 | 33 | | public safety. |
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34 | 34 | | Be it enacted by the General Assembly of the State of Indiana: |
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35 | 35 | | 1 SECTION 1. IC 5-2-1-9, AS AMENDED BY THE TECHNICAL |
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36 | 36 | | 2 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS |
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37 | 37 | | 3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
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38 | 38 | | 4 Sec. 9. (a) The board shall adopt in accordance with IC 4-22-2 all |
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39 | 39 | | 5 necessary rules to carry out the provisions of this chapter. The rules, |
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40 | 40 | | 6 which shall be adopted only after necessary and proper investigation |
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41 | 41 | | 7 and inquiry by the board, shall include the establishment of the |
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42 | 42 | | 8 following: |
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43 | 43 | | 9 (1) A consistent and uniform statewide deadly force policy and |
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44 | 44 | | 10 training program, that is consistent with state and federal law. |
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45 | 45 | | 11 Upon adoption by the law enforcement training board, the policy |
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46 | 46 | | 12 and training program must be implemented, without modification, |
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47 | 47 | | 13 by all Indiana law enforcement agencies, offices, or departments. |
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48 | 48 | | 14 (2) A consistent and uniform statewide defensive tactics policy |
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49 | 49 | | 15 and training program, that is consistent with state and federal law. |
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50 | 50 | | 16 Upon adoption by the law enforcement training board, the policy |
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51 | 51 | | 17 and training program must be implemented, without modification, |
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52 | 52 | | 2023 IN 294—LS 6662/DI 116 2 |
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53 | 53 | | 1 by all Indiana law enforcement agencies, offices, or departments. |
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54 | 54 | | 2 (3) A uniform statewide minimum standard for vehicle pursuits |
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55 | 55 | | 3 consistent with state and federal law. |
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56 | 56 | | 4 (4) Minimum standards of physical, educational, mental, and |
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57 | 57 | | 5 moral fitness which shall govern the acceptance of any person for |
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58 | 58 | | 6 training by any law enforcement training school or academy |
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59 | 59 | | 7 meeting or exceeding the minimum standards established |
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60 | 60 | | 8 pursuant to this chapter. |
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61 | 61 | | 9 (5) Minimum standards for law enforcement training schools |
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62 | 62 | | 10 administered by towns, cities, counties, law enforcement training |
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63 | 63 | | 11 centers, agencies, or departments of the state. |
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64 | 64 | | 12 (6) Minimum standards for courses of study, attendance |
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65 | 65 | | 13 requirements, equipment, and facilities for approved town, city, |
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66 | 66 | | 14 county, and state law enforcement officer, police reserve officer, |
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67 | 67 | | 15 and conservation reserve officer training schools. |
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68 | 68 | | 16 (7) Minimum standards for a course of study on cultural diversity |
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69 | 69 | | 17 awareness, including training on the U nonimmigrant visa created |
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70 | 70 | | 18 through the federal Victims of Trafficking and Violence |
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71 | 71 | | 19 Protection Act of 2000 (P.L. 106-386) that must be required for |
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72 | 72 | | 20 each person accepted for training at a law enforcement training |
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73 | 73 | | 21 school or academy. Cultural diversity awareness study must |
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74 | 74 | | 22 include an understanding of cultural issues related to race, |
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75 | 75 | | 23 religion, gender, age, domestic violence, national origin, and |
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76 | 76 | | 24 physical and mental disabilities. |
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77 | 77 | | 25 (8) Minimum qualifications for instructors at approved law |
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78 | 78 | | 26 enforcement training schools. |
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79 | 79 | | 27 (9) Minimum basic training requirements which law enforcement |
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80 | 80 | | 28 officers appointed to probationary terms shall complete before |
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81 | 81 | | 29 being eligible for continued or permanent employment. |
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82 | 82 | | 30 (10) Minimum basic training requirements which law |
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83 | 83 | | 31 enforcement officers appointed on other than a permanent basis |
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84 | 84 | | 32 shall complete in order to be eligible for continued employment |
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85 | 85 | | 33 or permanent appointment. |
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86 | 86 | | 34 (11) Minimum basic training requirements which law |
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87 | 87 | | 35 enforcement officers appointed on a permanent basis shall |
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88 | 88 | | 36 complete in order to be eligible for continued employment. |
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89 | 89 | | 37 (12) Minimum basic training requirements for each person |
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90 | 90 | | 38 accepted for training at a law enforcement training school or |
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91 | 91 | | 39 academy that include six (6) hours of training in interacting with: |
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92 | 92 | | 40 (A) persons with autism, mental illness, addictive disorders, |
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93 | 93 | | 41 intellectual disabilities, and developmental disabilities; |
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94 | 94 | | 42 (B) missing endangered adults (as defined in IC 12-7-2-131.3); |
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95 | 95 | | 2023 IN 294—LS 6662/DI 116 3 |
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96 | 96 | | 1 and |
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97 | 97 | | 2 (C) persons with Alzheimer's disease or related senile |
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98 | 98 | | 3 dementia; |
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99 | 99 | | 4 to be provided by persons approved by the secretary of family and |
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100 | 100 | | 5 social services and the board. The training must include an |
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101 | 101 | | 6 overview of the crisis intervention teams. |
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102 | 102 | | 7 (13) Minimum standards for a course of study on human and |
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103 | 103 | | 8 sexual trafficking that must be required for each person accepted |
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104 | 104 | | 9 for training at a law enforcement training school or academy and |
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105 | 105 | | 10 for inservice training programs for law enforcement officers. The |
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106 | 106 | | 11 course must cover the following topics: |
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107 | 107 | | 12 (A) Examination of the human and sexual trafficking laws (IC |
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108 | 108 | | 13 35-42-3.5). |
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109 | 109 | | 14 (B) Identification of human and sexual trafficking. |
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110 | 110 | | 15 (C) Communicating with traumatized persons. |
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111 | 111 | | 16 (D) Therapeutically appropriate investigative techniques. |
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112 | 112 | | 17 (E) Collaboration with federal law enforcement officials. |
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113 | 113 | | 18 (F) Rights of and protections afforded to victims. |
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114 | 114 | | 19 (G) Providing documentation that satisfies the Declaration of |
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115 | 115 | | 20 Law Enforcement Officer for Victim of Trafficking in Persons |
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116 | 116 | | 21 (Form I-914, Supplement B) requirements established under |
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117 | 117 | | 22 federal law. |
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118 | 118 | | 23 (H) The availability of community resources to assist human |
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119 | 119 | | 24 and sexual trafficking victims. |
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120 | 120 | | 25 (14) Minimum standards for ongoing specialized, intensive, and |
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121 | 121 | | 26 integrative training for persons responsible for investigating |
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122 | 122 | | 27 sexual assault cases involving adult victims. This training must |
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123 | 123 | | 28 include instruction on: |
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124 | 124 | | 29 (A) the neurobiology of trauma; |
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125 | 125 | | 30 (B) trauma informed interviewing; and |
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126 | 126 | | 31 (C) investigative techniques. |
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127 | 127 | | 32 (15) Minimum standards for de-escalation training. De-escalation |
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128 | 128 | | 33 training shall be taught as a part of existing use-of-force training |
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129 | 129 | | 34 and not as a separate topic. |
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130 | 130 | | 35 (16) Minimum standards regarding best practices for crowd |
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131 | 131 | | 36 control, protests, and First Amendment activities. |
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132 | 132 | | 37 (17) Subject to section 9.1 of this chapter, minimum basic |
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133 | 133 | | 38 training requirements for each person accepted for training |
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134 | 134 | | 39 at a law enforcement training school or academy that include |
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135 | 135 | | 40 forty (40) hours of critical incident or crisis intervention |
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136 | 136 | | 41 response training. |
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137 | 137 | | 42 All statewide policies and minimum standards shall be documented in |
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138 | 138 | | 2023 IN 294—LS 6662/DI 116 4 |
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139 | 139 | | 1 writing and published on the Indiana law enforcement academy |
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140 | 140 | | 2 (ILEA) website. Any policy, standard, or training program |
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141 | 141 | | 3 implemented, adopted, or promulgated by a vote of the board may only |
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142 | 142 | | 4 subsequently be modified or rescinded by a two-thirds (2/3) majority |
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143 | 143 | | 5 vote of the board. |
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144 | 144 | | 6 (b) A law enforcement officer appointed after July 5, 1972, and |
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145 | 145 | | 7 before July 1, 1993, may not enforce the laws or ordinances of the state |
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146 | 146 | | 8 or any political subdivision unless the officer has, within one (1) year |
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147 | 147 | | 9 from the date of appointment, successfully completed the minimum |
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148 | 148 | | 10 basic training requirements established under this chapter by the board. |
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149 | 149 | | 11 If a person fails to successfully complete the basic training |
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150 | 150 | | 12 requirements within one (1) year from the date of employment, the |
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151 | 151 | | 13 officer may not perform any of the duties of a law enforcement officer |
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152 | 152 | | 14 involving control or direction of members of the public or exercising |
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153 | 153 | | 15 the power of arrest until the officer has successfully completed the |
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154 | 154 | | 16 training requirements. This subsection does not apply to any law |
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155 | 155 | | 17 enforcement officer appointed before July 6, 1972, or after June 30, |
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156 | 156 | | 18 1993. |
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157 | 157 | | 19 (c) Military leave or other authorized leave of absence from law |
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158 | 158 | | 20 enforcement duty during the first year of employment after July 6, |
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159 | 159 | | 21 1972, shall toll the running of the first year, which shall be calculated |
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160 | 160 | | 22 by the aggregate of the time before and after the leave, for the purposes |
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161 | 161 | | 23 of this chapter. |
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162 | 162 | | 24 (d) Except as provided in subsections (e), (m), (t), and (u), a law |
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163 | 163 | | 25 enforcement officer appointed to a law enforcement department or |
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164 | 164 | | 26 agency after June 30, 1993, may not: |
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165 | 165 | | 27 (1) make an arrest; |
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166 | 166 | | 28 (2) conduct a search or a seizure of a person or property; or |
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167 | 167 | | 29 (3) carry a firearm; |
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168 | 168 | | 30 unless the law enforcement officer successfully completes, at a board |
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169 | 169 | | 31 certified law enforcement academy or at a law enforcement training |
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170 | 170 | | 32 center under section 10.5 or 15.2 of this chapter, the basic training |
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171 | 171 | | 33 requirements established by the board under this chapter. |
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172 | 172 | | 34 (e) This subsection does not apply to: |
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173 | 173 | | 35 (1) a gaming agent employed as a law enforcement officer by the |
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174 | 174 | | 36 Indiana gaming commission; or |
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175 | 175 | | 37 (2) an: |
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176 | 176 | | 38 (A) attorney; or |
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177 | 177 | | 39 (B) investigator; |
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178 | 178 | | 40 designated by the securities commissioner as a police officer of |
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179 | 179 | | 41 the state under IC 23-19-6-1(k). |
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180 | 180 | | 42 Before a law enforcement officer appointed after June 30, 1993, |
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181 | 181 | | 2023 IN 294—LS 6662/DI 116 5 |
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182 | 182 | | 1 completes the basic training requirements, the law enforcement officer |
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183 | 183 | | 2 may exercise the police powers described in subsection (d) if the |
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184 | 184 | | 3 officer successfully completes the pre-basic course established in |
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185 | 185 | | 4 subsection (f). Successful completion of the pre-basic course authorizes |
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186 | 186 | | 5 a law enforcement officer to exercise the police powers described in |
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187 | 187 | | 6 subsection (d) for one (1) year after the date the law enforcement |
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188 | 188 | | 7 officer is appointed. |
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189 | 189 | | 8 (f) The board shall adopt rules under IC 4-22-2 to establish a |
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190 | 190 | | 9 pre-basic course for the purpose of training: |
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191 | 191 | | 10 (1) law enforcement officers; |
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192 | 192 | | 11 (2) police reserve officers (as described in IC 36-8-3-20); and |
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193 | 193 | | 12 (3) conservation reserve officers (as described in IC 14-9-8-27); |
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194 | 194 | | 13 regarding the subjects of arrest, search and seizure, the lawful use of |
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195 | 195 | | 14 force, de-escalation training, interacting with individuals with autism, |
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196 | 196 | | 15 and the operation of an emergency vehicle. The pre-basic course must |
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197 | 197 | | 16 be offered on a periodic basis throughout the year at regional sites |
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198 | 198 | | 17 statewide. The pre-basic course must consist of at least forty (40) hours |
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199 | 199 | | 18 of course work. The board may prepare the classroom part of the |
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200 | 200 | | 19 pre-basic course using available technology in conjunction with live |
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201 | 201 | | 20 instruction. The board shall provide the course material, the instructors, |
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202 | 202 | | 21 and the facilities at the regional sites throughout the state that are used |
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203 | 203 | | 22 for the pre-basic course. In addition, the board may certify pre-basic |
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204 | 204 | | 23 courses that may be conducted by other public or private training |
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205 | 205 | | 24 entities, including postsecondary educational institutions. |
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206 | 206 | | 25 (g) Subject to subsection (h), the board shall adopt rules under |
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207 | 207 | | 26 IC 4-22-2 to establish a mandatory inservice training program for |
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208 | 208 | | 27 police officers and police reserve officers (as described in |
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209 | 209 | | 28 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has |
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210 | 210 | | 29 satisfactorily completed basic training and has been appointed to a law |
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211 | 211 | | 30 enforcement department or agency on either a full-time or part-time |
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212 | 212 | | 31 basis is not eligible for continued employment unless the officer |
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213 | 213 | | 32 satisfactorily completes the mandatory inservice training requirements |
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214 | 214 | | 33 established by rules adopted by the board. Inservice training must |
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215 | 215 | | 34 include de-escalation training. Inservice training must also include |
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216 | 216 | | 35 training in interacting with persons with mental illness, addictive |
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217 | 217 | | 36 disorders, intellectual disabilities, autism, developmental disabilities, |
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218 | 218 | | 37 and Alzheimer's disease or related senile dementia, to be provided by |
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219 | 219 | | 38 persons approved by the secretary of family and social services and the |
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220 | 220 | | 39 board, and training concerning human and sexual trafficking and high |
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221 | 221 | | 40 risk missing persons (as defined in IC 5-2-17-1). The board may |
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222 | 222 | | 41 approve courses offered by other public or private training entities, |
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223 | 223 | | 42 including postsecondary educational institutions, as necessary in order |
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224 | 224 | | 2023 IN 294—LS 6662/DI 116 6 |
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225 | 225 | | 1 to ensure the availability of an adequate number of inservice training |
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226 | 226 | | 2 programs. The board may waive an officer's inservice training |
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227 | 227 | | 3 requirements if the board determines that the officer's reason for |
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228 | 228 | | 4 lacking the required amount of inservice training hours is due to either |
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229 | 229 | | 5 an emergency situation or the unavailability of courses. |
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230 | 230 | | 6 (h) This subsection applies only to a mandatory inservice training |
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231 | 231 | | 7 program under subsection (g). Notwithstanding subsection (g), the |
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232 | 232 | | 8 board may, without adopting rules under IC 4-22-2, modify the course |
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233 | 233 | | 9 work of a training subject matter, modify the number of hours of |
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234 | 234 | | 10 training required within a particular subject matter, or add a new |
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235 | 235 | | 11 subject matter, if the board satisfies the following requirements: |
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236 | 236 | | 12 (1) The board must conduct at least two (2) public meetings on |
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237 | 237 | | 13 the proposed modification or addition. |
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238 | 238 | | 14 (2) After approving the modification or addition at a public |
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239 | 239 | | 15 meeting, the board must post notice of the modification or |
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240 | 240 | | 16 addition on the Indiana law enforcement academy's Internet web |
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241 | 241 | | 17 site website at least thirty (30) days before the modification or |
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242 | 242 | | 18 addition takes effect. |
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243 | 243 | | 19 If the board does not satisfy the requirements of this subsection, the |
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244 | 244 | | 20 modification or addition is void. This subsection does not authorize the |
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245 | 245 | | 21 board to eliminate any inservice training subject matter required under |
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246 | 246 | | 22 subsection (g). |
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247 | 247 | | 23 (i) The board shall also adopt rules establishing a town marshal |
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248 | 248 | | 24 basic training program, subject to the following: |
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249 | 249 | | 25 (1) The program must require fewer hours of instruction and class |
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250 | 250 | | 26 attendance and fewer courses of study than are required for the |
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251 | 251 | | 27 mandated basic training program. |
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252 | 252 | | 28 (2) Certain parts of the course materials may be studied by a |
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253 | 253 | | 29 candidate at the candidate's home in order to fulfill requirements |
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254 | 254 | | 30 of the program. |
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255 | 255 | | 31 (3) Law enforcement officers successfully completing the |
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256 | 256 | | 32 requirements of the program are eligible for appointment only in |
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257 | 257 | | 33 towns employing the town marshal system (IC 36-5-7) and having |
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258 | 258 | | 34 not more than one (1) marshal and two (2) deputies. |
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259 | 259 | | 35 (4) The limitation imposed by subdivision (3) does not apply to an |
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260 | 260 | | 36 officer who has successfully completed the mandated basic |
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261 | 261 | | 37 training program. |
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262 | 262 | | 38 (5) The time limitations imposed by subsections (b) and (c) for |
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263 | 263 | | 39 completing the training are also applicable to the town marshal |
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264 | 264 | | 40 basic training program. |
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265 | 265 | | 41 (6) The program must require training in interacting with |
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266 | 266 | | 42 individuals with autism. |
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267 | 267 | | 2023 IN 294—LS 6662/DI 116 7 |
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268 | 268 | | 1 (j) The board shall adopt rules under IC 4-22-2 to establish an |
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269 | 269 | | 2 executive training program. The executive training program must |
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270 | 270 | | 3 include training in the following areas: |
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271 | 271 | | 4 (1) Liability. |
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272 | 272 | | 5 (2) Media relations. |
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273 | 273 | | 6 (3) Accounting and administration. |
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274 | 274 | | 7 (4) Discipline. |
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275 | 275 | | 8 (5) Department policy making. |
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276 | 276 | | 9 (6) Lawful use of force and de-escalation training. |
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277 | 277 | | 10 (7) Department programs. |
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278 | 278 | | 11 (8) Emergency vehicle operation. |
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279 | 279 | | 12 (9) Cultural diversity. |
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280 | 280 | | 13 (k) A police chief shall apply for admission to the executive training |
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281 | 281 | | 14 program within two (2) months of the date the police chief initially |
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282 | 282 | | 15 takes office. A police chief must successfully complete the executive |
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283 | 283 | | 16 training program within six (6) months of the date the police chief |
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284 | 284 | | 17 initially takes office. However, if space in the executive training |
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285 | 285 | | 18 program is not available at a time that will allow completion of the |
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286 | 286 | | 19 executive training program within six (6) months of the date the police |
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287 | 287 | | 20 chief initially takes office, the police chief must successfully complete |
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288 | 288 | | 21 the next available executive training program that is offered after the |
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289 | 289 | | 22 police chief initially takes office. |
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290 | 290 | | 23 (l) A police chief who fails to comply with subsection (k) may not |
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291 | 291 | | 24 continue to serve as the police chief until completion of the executive |
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292 | 292 | | 25 training program. For the purposes of this subsection and subsection |
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293 | 293 | | 26 (k), "police chief" refers to: |
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294 | 294 | | 27 (1) the police chief of any city; |
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295 | 295 | | 28 (2) the police chief of any town having a metropolitan police |
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296 | 296 | | 29 department; and |
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297 | 297 | | 30 (3) the chief of a consolidated law enforcement department |
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298 | 298 | | 31 established under IC 36-3-1-5.1. |
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299 | 299 | | 32 A town marshal is not considered to be a police chief for these |
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300 | 300 | | 33 purposes, but a town marshal may enroll in the executive training |
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301 | 301 | | 34 program. |
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302 | 302 | | 35 (m) A fire investigator in the department of homeland security |
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303 | 303 | | 36 appointed after December 31, 1993, is required to comply with the |
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304 | 304 | | 37 basic training standards established under this chapter. |
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305 | 305 | | 38 (n) The board shall adopt rules under IC 4-22-2 to establish a |
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306 | 306 | | 39 program to certify handgun safety courses, including courses offered |
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307 | 307 | | 40 in the private sector, that meet standards approved by the board for |
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308 | 308 | | 41 training probation officers in handgun safety as required by |
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309 | 309 | | 42 IC 11-13-1-3.5(2). |
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310 | 310 | | 2023 IN 294—LS 6662/DI 116 8 |
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311 | 311 | | 1 (o) The board shall adopt rules under IC 4-22-2 to establish a |
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312 | 312 | | 2 refresher course for an officer who: |
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313 | 313 | | 3 (1) is hired by an Indiana law enforcement department or agency |
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314 | 314 | | 4 as a law enforcement officer; |
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315 | 315 | | 5 (2) has not been employed as a law enforcement officer for: |
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316 | 316 | | 6 (A) at least two (2) years; and |
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317 | 317 | | 7 (B) less than six (6) years before the officer is hired under |
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318 | 318 | | 8 subdivision (1); and |
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319 | 319 | | 9 (3) completed at any time a basic training course certified or |
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320 | 320 | | 10 recognized by the board before the officer is hired under |
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321 | 321 | | 11 subdivision (1). |
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322 | 322 | | 12 (p) An officer to whom subsection (o) applies must successfully |
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323 | 323 | | 13 complete the refresher course described in subsection (o) not later than |
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324 | 324 | | 14 six (6) months after the officer's date of hire, or the officer loses the |
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325 | 325 | | 15 officer's powers of: |
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326 | 326 | | 16 (1) arrest; |
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327 | 327 | | 17 (2) search; and |
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328 | 328 | | 18 (3) seizure. |
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329 | 329 | | 19 (q) The board shall adopt rules under IC 4-22-2 to establish a |
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330 | 330 | | 20 refresher course for an officer who: |
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331 | 331 | | 21 (1) is appointed by an Indiana law enforcement department or |
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332 | 332 | | 22 agency as a reserve police officer; and |
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333 | 333 | | 23 (2) has not worked as a reserve police officer for at least two (2) |
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334 | 334 | | 24 years after: |
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335 | 335 | | 25 (A) completing the pre-basic course; or |
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336 | 336 | | 26 (B) leaving the individual's last appointment as a reserve |
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337 | 337 | | 27 police officer. |
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338 | 338 | | 28 An officer to whom this subsection applies must successfully complete |
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339 | 339 | | 29 the refresher course established by the board in order to work as a |
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340 | 340 | | 30 reserve police officer. |
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341 | 341 | | 31 (r) This subsection applies to an individual who, at the time the |
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342 | 342 | | 32 individual completes a board certified or recognized basic training |
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343 | 343 | | 33 course, has not been appointed as a law enforcement officer by an |
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344 | 344 | | 34 Indiana law enforcement department or agency. If the individual is not |
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345 | 345 | | 35 employed as a law enforcement officer for at least two (2) years after |
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346 | 346 | | 36 completing the basic training course, the individual must successfully |
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347 | 347 | | 37 retake and complete the basic training course as set forth in subsection |
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348 | 348 | | 38 (d). |
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349 | 349 | | 39 (s) The board shall adopt rules under IC 4-22-2 to establish a |
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350 | 350 | | 40 refresher course for an individual who: |
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351 | 351 | | 41 (1) is appointed as a board certified instructor of law enforcement |
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352 | 352 | | 42 training; and |
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353 | 353 | | 2023 IN 294—LS 6662/DI 116 9 |
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354 | 354 | | 1 (2) has not provided law enforcement training instruction for |
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355 | 355 | | 2 more than one (1) year after the date the individual's instructor |
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356 | 356 | | 3 certification expired. |
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357 | 357 | | 4 An individual to whom this subsection applies must successfully |
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358 | 358 | | 5 complete the refresher course established by the board in order to |
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359 | 359 | | 6 renew the individual's instructor certification. |
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360 | 360 | | 7 (t) This subsection applies only to a gaming agent employed as a |
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361 | 361 | | 8 law enforcement officer by the Indiana gaming commission. A gaming |
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362 | 362 | | 9 agent appointed after June 30, 2005, may exercise the police powers |
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363 | 363 | | 10 described in subsection (d) if: |
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364 | 364 | | 11 (1) the agent successfully completes the pre-basic course |
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365 | 365 | | 12 established in subsection (f); and |
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366 | 366 | | 13 (2) the agent successfully completes any other training courses |
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367 | 367 | | 14 established by the Indiana gaming commission in conjunction |
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368 | 368 | | 15 with the board. |
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369 | 369 | | 16 (u) This subsection applies only to a securities enforcement officer |
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370 | 370 | | 17 designated as a law enforcement officer by the securities |
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371 | 371 | | 18 commissioner. A securities enforcement officer may exercise the police |
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372 | 372 | | 19 powers described in subsection (d) if: |
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373 | 373 | | 20 (1) the securities enforcement officer successfully completes the |
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374 | 374 | | 21 pre-basic course established in subsection (f); and |
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375 | 375 | | 22 (2) the securities enforcement officer successfully completes any |
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376 | 376 | | 23 other training courses established by the securities commissioner |
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377 | 377 | | 24 in conjunction with the board. |
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378 | 378 | | 25 (v) As used in this section, "upper level policymaking position" |
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379 | 379 | | 26 refers to the following: |
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380 | 380 | | 27 (1) If the authorized size of the department or town marshal |
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381 | 381 | | 28 system is not more than ten (10) members, the term refers to the |
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382 | 382 | | 29 position held by the police chief or town marshal. |
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383 | 383 | | 30 (2) If the authorized size of the department or town marshal |
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384 | 384 | | 31 system is more than ten (10) members but less than fifty-one (51) |
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385 | 385 | | 32 members, the term refers to: |
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386 | 386 | | 33 (A) the position held by the police chief or town marshal; and |
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387 | 387 | | 34 (B) each position held by the members of the police |
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388 | 388 | | 35 department or town marshal system in the next rank and pay |
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389 | 389 | | 36 grade immediately below the police chief or town marshal. |
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390 | 390 | | 37 (3) If the authorized size of the department or town marshal |
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391 | 391 | | 38 system is more than fifty (50) members, the term refers to: |
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392 | 392 | | 39 (A) the position held by the police chief or town marshal; and |
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393 | 393 | | 40 (B) each position held by the members of the police |
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394 | 394 | | 41 department or town marshal system in the next two (2) ranks |
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395 | 395 | | 42 and pay grades immediately below the police chief or town |
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396 | 396 | | 2023 IN 294—LS 6662/DI 116 10 |
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397 | 397 | | 1 marshal. |
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398 | 398 | | 2 (w) (v) This subsection applies only to a correctional police officer |
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399 | 399 | | 3 employed by the department of correction. A correctional police officer |
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400 | 400 | | 4 may exercise the police powers described in subsection (d) if: |
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401 | 401 | | 5 (1) the officer successfully completes the pre-basic course |
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402 | 402 | | 6 described in subsection (f); and |
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403 | 403 | | 7 (2) the officer successfully completes any other training courses |
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404 | 404 | | 8 established by the department of correction in conjunction with |
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405 | 405 | | 9 the board. |
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406 | 406 | | 10 (x) (w) This subsection applies only to the sexual assault training |
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407 | 407 | | 11 described in subsection (a)(14). The board shall: |
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408 | 408 | | 12 (1) consult with experts on the neurobiology of trauma, trauma |
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409 | 409 | | 13 informed interviewing, and investigative techniques in developing |
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410 | 410 | | 14 the sexual assault training; and |
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411 | 411 | | 15 (2) develop the sexual assault training and begin offering the |
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412 | 412 | | 16 training not later than July 1, 2022. |
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413 | 413 | | 17 (y) (x) After July 1, 2023, a law enforcement officer who regularly |
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414 | 414 | | 18 investigates sexual assaults involving adult victims must complete the |
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415 | 415 | | 19 training requirements described in subsection (a)(14) within one (1) |
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416 | 416 | | 20 year of being assigned to regularly investigate sexual assaults involving |
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417 | 417 | | 21 adult victims. |
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418 | 418 | | 22 (z) (y) A law enforcement officer who regularly investigates sexual |
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419 | 419 | | 23 assaults involving adult victims may complete the training |
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420 | 420 | | 24 requirements described in subsection (a)(14) by attending a: |
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421 | 421 | | 25 (1) statewide or national training; or |
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422 | 422 | | 26 (2) department hosted local training. |
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423 | 423 | | 27 (aa) (z) Notwithstanding any other provisions of this section, the |
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424 | 424 | | 28 board is authorized to establish certain required standards of training |
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425 | 425 | | 29 and procedure. |
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426 | 426 | | 30 SECTION 2. IC 5-2-1-9.1 IS ADDED TO THE INDIANA CODE |
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427 | 427 | | 31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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428 | 428 | | 32 UPON PASSAGE]: Sec. 9.1. (a) The board shall develop a forty (40) |
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429 | 429 | | 33 hour critical incident or crisis intervention response training |
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430 | 430 | | 34 program in consultation with the technical assistance center (as |
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431 | 431 | | 35 defined in IC 5-2-21.2-5). The program's curriculum must be |
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432 | 432 | | 36 equivalent to curriculum developed by the National Alliance on |
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433 | 433 | | 37 Mental Illness and Crisis Intervention Teams International |
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434 | 434 | | 38 (NAMI/CIT International). |
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435 | 435 | | 39 (b) On or before September 30, 2023, the board shall issue a |
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436 | 436 | | 40 report to the governor, and in an electronic format under |
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437 | 437 | | 41 IC 5-14-6, to the general assembly, which includes an outline of the |
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438 | 438 | | 42 training program curriculum as well as the proposed schedule for |
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439 | 439 | | 2023 IN 294—LS 6662/DI 116 11 |
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440 | 440 | | 1 implementation of the program. The report must also be posted on |
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441 | 441 | | 2 the board's website. This subsection expires July 1, 2024. |
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442 | 442 | | 3 SECTION 3. An emergency is declared for this act. |
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443 | 443 | | 2023 IN 294—LS 6662/DI 116 |
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