Indiana 2023 Regular Session

Indiana Senate Bill SB0294 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 SENATE BILL No. 294
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 5-2-1.
77 Synopsis: Critical incident training at ILEA. Requires the law
88 enforcement training board to develop a 40 hour critical incident or
99 crisis intervention response training program in consultation with the
1010 technical assistance center. Requires that the program's curriculum be
1111 equivalent to curriculum developed by the National Alliance on Mental
1212 Illness and Crisis Intervention Teams International (NAMI/CIT
1313 International). Requires a law enforcement training school or academy
1414 to include the program as part of the basic training requirements.
1515 Makes technical corrections and removes an unused definition.
1616 Effective: Upon passage; July 1, 2023.
1717 Sandlin
1818 January 11, 2023, read first time and referred to Committee on Homeland Security and
1919 Transportation.
2020 2023 IN 294—LS 6662/DI 116 Introduced
2121 First Regular Session of the 123rd General Assembly (2023)
2222 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2323 Constitution) is being amended, the text of the existing provision will appear in this style type,
2424 additions will appear in this style type, and deletions will appear in this style type.
2525 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2626 provision adopted), the text of the new provision will appear in this style type. Also, the
2727 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2828 a new provision to the Indiana Code or the Indiana Constitution.
2929 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3030 between statutes enacted by the 2022 Regular Session of the General Assembly.
3131 SENATE BILL No. 294
3232 A BILL FOR AN ACT to amend the Indiana Code concerning
3333 public safety.
3434 Be it enacted by the General Assembly of the State of Indiana:
3535 1 SECTION 1. IC 5-2-1-9, AS AMENDED BY THE TECHNICAL
3636 2 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
3737 3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:
3838 4 Sec. 9. (a) The board shall adopt in accordance with IC 4-22-2 all
3939 5 necessary rules to carry out the provisions of this chapter. The rules,
4040 6 which shall be adopted only after necessary and proper investigation
4141 7 and inquiry by the board, shall include the establishment of the
4242 8 following:
4343 9 (1) A consistent and uniform statewide deadly force policy and
4444 10 training program, that is consistent with state and federal law.
4545 11 Upon adoption by the law enforcement training board, the policy
4646 12 and training program must be implemented, without modification,
4747 13 by all Indiana law enforcement agencies, offices, or departments.
4848 14 (2) A consistent and uniform statewide defensive tactics policy
4949 15 and training program, that is consistent with state and federal law.
5050 16 Upon adoption by the law enforcement training board, the policy
5151 17 and training program must be implemented, without modification,
5252 2023 IN 294—LS 6662/DI 116 2
5353 1 by all Indiana law enforcement agencies, offices, or departments.
5454 2 (3) A uniform statewide minimum standard for vehicle pursuits
5555 3 consistent with state and federal law.
5656 4 (4) Minimum standards of physical, educational, mental, and
5757 5 moral fitness which shall govern the acceptance of any person for
5858 6 training by any law enforcement training school or academy
5959 7 meeting or exceeding the minimum standards established
6060 8 pursuant to this chapter.
6161 9 (5) Minimum standards for law enforcement training schools
6262 10 administered by towns, cities, counties, law enforcement training
6363 11 centers, agencies, or departments of the state.
6464 12 (6) Minimum standards for courses of study, attendance
6565 13 requirements, equipment, and facilities for approved town, city,
6666 14 county, and state law enforcement officer, police reserve officer,
6767 15 and conservation reserve officer training schools.
6868 16 (7) Minimum standards for a course of study on cultural diversity
6969 17 awareness, including training on the U nonimmigrant visa created
7070 18 through the federal Victims of Trafficking and Violence
7171 19 Protection Act of 2000 (P.L. 106-386) that must be required for
7272 20 each person accepted for training at a law enforcement training
7373 21 school or academy. Cultural diversity awareness study must
7474 22 include an understanding of cultural issues related to race,
7575 23 religion, gender, age, domestic violence, national origin, and
7676 24 physical and mental disabilities.
7777 25 (8) Minimum qualifications for instructors at approved law
7878 26 enforcement training schools.
7979 27 (9) Minimum basic training requirements which law enforcement
8080 28 officers appointed to probationary terms shall complete before
8181 29 being eligible for continued or permanent employment.
8282 30 (10) Minimum basic training requirements which law
8383 31 enforcement officers appointed on other than a permanent basis
8484 32 shall complete in order to be eligible for continued employment
8585 33 or permanent appointment.
8686 34 (11) Minimum basic training requirements which law
8787 35 enforcement officers appointed on a permanent basis shall
8888 36 complete in order to be eligible for continued employment.
8989 37 (12) Minimum basic training requirements for each person
9090 38 accepted for training at a law enforcement training school or
9191 39 academy that include six (6) hours of training in interacting with:
9292 40 (A) persons with autism, mental illness, addictive disorders,
9393 41 intellectual disabilities, and developmental disabilities;
9494 42 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
9595 2023 IN 294—LS 6662/DI 116 3
9696 1 and
9797 2 (C) persons with Alzheimer's disease or related senile
9898 3 dementia;
9999 4 to be provided by persons approved by the secretary of family and
100100 5 social services and the board. The training must include an
101101 6 overview of the crisis intervention teams.
102102 7 (13) Minimum standards for a course of study on human and
103103 8 sexual trafficking that must be required for each person accepted
104104 9 for training at a law enforcement training school or academy and
105105 10 for inservice training programs for law enforcement officers. The
106106 11 course must cover the following topics:
107107 12 (A) Examination of the human and sexual trafficking laws (IC
108108 13 35-42-3.5).
109109 14 (B) Identification of human and sexual trafficking.
110110 15 (C) Communicating with traumatized persons.
111111 16 (D) Therapeutically appropriate investigative techniques.
112112 17 (E) Collaboration with federal law enforcement officials.
113113 18 (F) Rights of and protections afforded to victims.
114114 19 (G) Providing documentation that satisfies the Declaration of
115115 20 Law Enforcement Officer for Victim of Trafficking in Persons
116116 21 (Form I-914, Supplement B) requirements established under
117117 22 federal law.
118118 23 (H) The availability of community resources to assist human
119119 24 and sexual trafficking victims.
120120 25 (14) Minimum standards for ongoing specialized, intensive, and
121121 26 integrative training for persons responsible for investigating
122122 27 sexual assault cases involving adult victims. This training must
123123 28 include instruction on:
124124 29 (A) the neurobiology of trauma;
125125 30 (B) trauma informed interviewing; and
126126 31 (C) investigative techniques.
127127 32 (15) Minimum standards for de-escalation training. De-escalation
128128 33 training shall be taught as a part of existing use-of-force training
129129 34 and not as a separate topic.
130130 35 (16) Minimum standards regarding best practices for crowd
131131 36 control, protests, and First Amendment activities.
132132 37 (17) Subject to section 9.1 of this chapter, minimum basic
133133 38 training requirements for each person accepted for training
134134 39 at a law enforcement training school or academy that include
135135 40 forty (40) hours of critical incident or crisis intervention
136136 41 response training.
137137 42 All statewide policies and minimum standards shall be documented in
138138 2023 IN 294—LS 6662/DI 116 4
139139 1 writing and published on the Indiana law enforcement academy
140140 2 (ILEA) website. Any policy, standard, or training program
141141 3 implemented, adopted, or promulgated by a vote of the board may only
142142 4 subsequently be modified or rescinded by a two-thirds (2/3) majority
143143 5 vote of the board.
144144 6 (b) A law enforcement officer appointed after July 5, 1972, and
145145 7 before July 1, 1993, may not enforce the laws or ordinances of the state
146146 8 or any political subdivision unless the officer has, within one (1) year
147147 9 from the date of appointment, successfully completed the minimum
148148 10 basic training requirements established under this chapter by the board.
149149 11 If a person fails to successfully complete the basic training
150150 12 requirements within one (1) year from the date of employment, the
151151 13 officer may not perform any of the duties of a law enforcement officer
152152 14 involving control or direction of members of the public or exercising
153153 15 the power of arrest until the officer has successfully completed the
154154 16 training requirements. This subsection does not apply to any law
155155 17 enforcement officer appointed before July 6, 1972, or after June 30,
156156 18 1993.
157157 19 (c) Military leave or other authorized leave of absence from law
158158 20 enforcement duty during the first year of employment after July 6,
159159 21 1972, shall toll the running of the first year, which shall be calculated
160160 22 by the aggregate of the time before and after the leave, for the purposes
161161 23 of this chapter.
162162 24 (d) Except as provided in subsections (e), (m), (t), and (u), a law
163163 25 enforcement officer appointed to a law enforcement department or
164164 26 agency after June 30, 1993, may not:
165165 27 (1) make an arrest;
166166 28 (2) conduct a search or a seizure of a person or property; or
167167 29 (3) carry a firearm;
168168 30 unless the law enforcement officer successfully completes, at a board
169169 31 certified law enforcement academy or at a law enforcement training
170170 32 center under section 10.5 or 15.2 of this chapter, the basic training
171171 33 requirements established by the board under this chapter.
172172 34 (e) This subsection does not apply to:
173173 35 (1) a gaming agent employed as a law enforcement officer by the
174174 36 Indiana gaming commission; or
175175 37 (2) an:
176176 38 (A) attorney; or
177177 39 (B) investigator;
178178 40 designated by the securities commissioner as a police officer of
179179 41 the state under IC 23-19-6-1(k).
180180 42 Before a law enforcement officer appointed after June 30, 1993,
181181 2023 IN 294—LS 6662/DI 116 5
182182 1 completes the basic training requirements, the law enforcement officer
183183 2 may exercise the police powers described in subsection (d) if the
184184 3 officer successfully completes the pre-basic course established in
185185 4 subsection (f). Successful completion of the pre-basic course authorizes
186186 5 a law enforcement officer to exercise the police powers described in
187187 6 subsection (d) for one (1) year after the date the law enforcement
188188 7 officer is appointed.
189189 8 (f) The board shall adopt rules under IC 4-22-2 to establish a
190190 9 pre-basic course for the purpose of training:
191191 10 (1) law enforcement officers;
192192 11 (2) police reserve officers (as described in IC 36-8-3-20); and
193193 12 (3) conservation reserve officers (as described in IC 14-9-8-27);
194194 13 regarding the subjects of arrest, search and seizure, the lawful use of
195195 14 force, de-escalation training, interacting with individuals with autism,
196196 15 and the operation of an emergency vehicle. The pre-basic course must
197197 16 be offered on a periodic basis throughout the year at regional sites
198198 17 statewide. The pre-basic course must consist of at least forty (40) hours
199199 18 of course work. The board may prepare the classroom part of the
200200 19 pre-basic course using available technology in conjunction with live
201201 20 instruction. The board shall provide the course material, the instructors,
202202 21 and the facilities at the regional sites throughout the state that are used
203203 22 for the pre-basic course. In addition, the board may certify pre-basic
204204 23 courses that may be conducted by other public or private training
205205 24 entities, including postsecondary educational institutions.
206206 25 (g) Subject to subsection (h), the board shall adopt rules under
207207 26 IC 4-22-2 to establish a mandatory inservice training program for
208208 27 police officers and police reserve officers (as described in
209209 28 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
210210 29 satisfactorily completed basic training and has been appointed to a law
211211 30 enforcement department or agency on either a full-time or part-time
212212 31 basis is not eligible for continued employment unless the officer
213213 32 satisfactorily completes the mandatory inservice training requirements
214214 33 established by rules adopted by the board. Inservice training must
215215 34 include de-escalation training. Inservice training must also include
216216 35 training in interacting with persons with mental illness, addictive
217217 36 disorders, intellectual disabilities, autism, developmental disabilities,
218218 37 and Alzheimer's disease or related senile dementia, to be provided by
219219 38 persons approved by the secretary of family and social services and the
220220 39 board, and training concerning human and sexual trafficking and high
221221 40 risk missing persons (as defined in IC 5-2-17-1). The board may
222222 41 approve courses offered by other public or private training entities,
223223 42 including postsecondary educational institutions, as necessary in order
224224 2023 IN 294—LS 6662/DI 116 6
225225 1 to ensure the availability of an adequate number of inservice training
226226 2 programs. The board may waive an officer's inservice training
227227 3 requirements if the board determines that the officer's reason for
228228 4 lacking the required amount of inservice training hours is due to either
229229 5 an emergency situation or the unavailability of courses.
230230 6 (h) This subsection applies only to a mandatory inservice training
231231 7 program under subsection (g). Notwithstanding subsection (g), the
232232 8 board may, without adopting rules under IC 4-22-2, modify the course
233233 9 work of a training subject matter, modify the number of hours of
234234 10 training required within a particular subject matter, or add a new
235235 11 subject matter, if the board satisfies the following requirements:
236236 12 (1) The board must conduct at least two (2) public meetings on
237237 13 the proposed modification or addition.
238238 14 (2) After approving the modification or addition at a public
239239 15 meeting, the board must post notice of the modification or
240240 16 addition on the Indiana law enforcement academy's Internet web
241241 17 site website at least thirty (30) days before the modification or
242242 18 addition takes effect.
243243 19 If the board does not satisfy the requirements of this subsection, the
244244 20 modification or addition is void. This subsection does not authorize the
245245 21 board to eliminate any inservice training subject matter required under
246246 22 subsection (g).
247247 23 (i) The board shall also adopt rules establishing a town marshal
248248 24 basic training program, subject to the following:
249249 25 (1) The program must require fewer hours of instruction and class
250250 26 attendance and fewer courses of study than are required for the
251251 27 mandated basic training program.
252252 28 (2) Certain parts of the course materials may be studied by a
253253 29 candidate at the candidate's home in order to fulfill requirements
254254 30 of the program.
255255 31 (3) Law enforcement officers successfully completing the
256256 32 requirements of the program are eligible for appointment only in
257257 33 towns employing the town marshal system (IC 36-5-7) and having
258258 34 not more than one (1) marshal and two (2) deputies.
259259 35 (4) The limitation imposed by subdivision (3) does not apply to an
260260 36 officer who has successfully completed the mandated basic
261261 37 training program.
262262 38 (5) The time limitations imposed by subsections (b) and (c) for
263263 39 completing the training are also applicable to the town marshal
264264 40 basic training program.
265265 41 (6) The program must require training in interacting with
266266 42 individuals with autism.
267267 2023 IN 294—LS 6662/DI 116 7
268268 1 (j) The board shall adopt rules under IC 4-22-2 to establish an
269269 2 executive training program. The executive training program must
270270 3 include training in the following areas:
271271 4 (1) Liability.
272272 5 (2) Media relations.
273273 6 (3) Accounting and administration.
274274 7 (4) Discipline.
275275 8 (5) Department policy making.
276276 9 (6) Lawful use of force and de-escalation training.
277277 10 (7) Department programs.
278278 11 (8) Emergency vehicle operation.
279279 12 (9) Cultural diversity.
280280 13 (k) A police chief shall apply for admission to the executive training
281281 14 program within two (2) months of the date the police chief initially
282282 15 takes office. A police chief must successfully complete the executive
283283 16 training program within six (6) months of the date the police chief
284284 17 initially takes office. However, if space in the executive training
285285 18 program is not available at a time that will allow completion of the
286286 19 executive training program within six (6) months of the date the police
287287 20 chief initially takes office, the police chief must successfully complete
288288 21 the next available executive training program that is offered after the
289289 22 police chief initially takes office.
290290 23 (l) A police chief who fails to comply with subsection (k) may not
291291 24 continue to serve as the police chief until completion of the executive
292292 25 training program. For the purposes of this subsection and subsection
293293 26 (k), "police chief" refers to:
294294 27 (1) the police chief of any city;
295295 28 (2) the police chief of any town having a metropolitan police
296296 29 department; and
297297 30 (3) the chief of a consolidated law enforcement department
298298 31 established under IC 36-3-1-5.1.
299299 32 A town marshal is not considered to be a police chief for these
300300 33 purposes, but a town marshal may enroll in the executive training
301301 34 program.
302302 35 (m) A fire investigator in the department of homeland security
303303 36 appointed after December 31, 1993, is required to comply with the
304304 37 basic training standards established under this chapter.
305305 38 (n) The board shall adopt rules under IC 4-22-2 to establish a
306306 39 program to certify handgun safety courses, including courses offered
307307 40 in the private sector, that meet standards approved by the board for
308308 41 training probation officers in handgun safety as required by
309309 42 IC 11-13-1-3.5(2).
310310 2023 IN 294—LS 6662/DI 116 8
311311 1 (o) The board shall adopt rules under IC 4-22-2 to establish a
312312 2 refresher course for an officer who:
313313 3 (1) is hired by an Indiana law enforcement department or agency
314314 4 as a law enforcement officer;
315315 5 (2) has not been employed as a law enforcement officer for:
316316 6 (A) at least two (2) years; and
317317 7 (B) less than six (6) years before the officer is hired under
318318 8 subdivision (1); and
319319 9 (3) completed at any time a basic training course certified or
320320 10 recognized by the board before the officer is hired under
321321 11 subdivision (1).
322322 12 (p) An officer to whom subsection (o) applies must successfully
323323 13 complete the refresher course described in subsection (o) not later than
324324 14 six (6) months after the officer's date of hire, or the officer loses the
325325 15 officer's powers of:
326326 16 (1) arrest;
327327 17 (2) search; and
328328 18 (3) seizure.
329329 19 (q) The board shall adopt rules under IC 4-22-2 to establish a
330330 20 refresher course for an officer who:
331331 21 (1) is appointed by an Indiana law enforcement department or
332332 22 agency as a reserve police officer; and
333333 23 (2) has not worked as a reserve police officer for at least two (2)
334334 24 years after:
335335 25 (A) completing the pre-basic course; or
336336 26 (B) leaving the individual's last appointment as a reserve
337337 27 police officer.
338338 28 An officer to whom this subsection applies must successfully complete
339339 29 the refresher course established by the board in order to work as a
340340 30 reserve police officer.
341341 31 (r) This subsection applies to an individual who, at the time the
342342 32 individual completes a board certified or recognized basic training
343343 33 course, has not been appointed as a law enforcement officer by an
344344 34 Indiana law enforcement department or agency. If the individual is not
345345 35 employed as a law enforcement officer for at least two (2) years after
346346 36 completing the basic training course, the individual must successfully
347347 37 retake and complete the basic training course as set forth in subsection
348348 38 (d).
349349 39 (s) The board shall adopt rules under IC 4-22-2 to establish a
350350 40 refresher course for an individual who:
351351 41 (1) is appointed as a board certified instructor of law enforcement
352352 42 training; and
353353 2023 IN 294—LS 6662/DI 116 9
354354 1 (2) has not provided law enforcement training instruction for
355355 2 more than one (1) year after the date the individual's instructor
356356 3 certification expired.
357357 4 An individual to whom this subsection applies must successfully
358358 5 complete the refresher course established by the board in order to
359359 6 renew the individual's instructor certification.
360360 7 (t) This subsection applies only to a gaming agent employed as a
361361 8 law enforcement officer by the Indiana gaming commission. A gaming
362362 9 agent appointed after June 30, 2005, may exercise the police powers
363363 10 described in subsection (d) if:
364364 11 (1) the agent successfully completes the pre-basic course
365365 12 established in subsection (f); and
366366 13 (2) the agent successfully completes any other training courses
367367 14 established by the Indiana gaming commission in conjunction
368368 15 with the board.
369369 16 (u) This subsection applies only to a securities enforcement officer
370370 17 designated as a law enforcement officer by the securities
371371 18 commissioner. A securities enforcement officer may exercise the police
372372 19 powers described in subsection (d) if:
373373 20 (1) the securities enforcement officer successfully completes the
374374 21 pre-basic course established in subsection (f); and
375375 22 (2) the securities enforcement officer successfully completes any
376376 23 other training courses established by the securities commissioner
377377 24 in conjunction with the board.
378378 25 (v) As used in this section, "upper level policymaking position"
379379 26 refers to the following:
380380 27 (1) If the authorized size of the department or town marshal
381381 28 system is not more than ten (10) members, the term refers to the
382382 29 position held by the police chief or town marshal.
383383 30 (2) If the authorized size of the department or town marshal
384384 31 system is more than ten (10) members but less than fifty-one (51)
385385 32 members, the term refers to:
386386 33 (A) the position held by the police chief or town marshal; and
387387 34 (B) each position held by the members of the police
388388 35 department or town marshal system in the next rank and pay
389389 36 grade immediately below the police chief or town marshal.
390390 37 (3) If the authorized size of the department or town marshal
391391 38 system is more than fifty (50) members, the term refers to:
392392 39 (A) the position held by the police chief or town marshal; and
393393 40 (B) each position held by the members of the police
394394 41 department or town marshal system in the next two (2) ranks
395395 42 and pay grades immediately below the police chief or town
396396 2023 IN 294—LS 6662/DI 116 10
397397 1 marshal.
398398 2 (w) (v) This subsection applies only to a correctional police officer
399399 3 employed by the department of correction. A correctional police officer
400400 4 may exercise the police powers described in subsection (d) if:
401401 5 (1) the officer successfully completes the pre-basic course
402402 6 described in subsection (f); and
403403 7 (2) the officer successfully completes any other training courses
404404 8 established by the department of correction in conjunction with
405405 9 the board.
406406 10 (x) (w) This subsection applies only to the sexual assault training
407407 11 described in subsection (a)(14). The board shall:
408408 12 (1) consult with experts on the neurobiology of trauma, trauma
409409 13 informed interviewing, and investigative techniques in developing
410410 14 the sexual assault training; and
411411 15 (2) develop the sexual assault training and begin offering the
412412 16 training not later than July 1, 2022.
413413 17 (y) (x) After July 1, 2023, a law enforcement officer who regularly
414414 18 investigates sexual assaults involving adult victims must complete the
415415 19 training requirements described in subsection (a)(14) within one (1)
416416 20 year of being assigned to regularly investigate sexual assaults involving
417417 21 adult victims.
418418 22 (z) (y) A law enforcement officer who regularly investigates sexual
419419 23 assaults involving adult victims may complete the training
420420 24 requirements described in subsection (a)(14) by attending a:
421421 25 (1) statewide or national training; or
422422 26 (2) department hosted local training.
423423 27 (aa) (z) Notwithstanding any other provisions of this section, the
424424 28 board is authorized to establish certain required standards of training
425425 29 and procedure.
426426 30 SECTION 2. IC 5-2-1-9.1 IS ADDED TO THE INDIANA CODE
427427 31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
428428 32 UPON PASSAGE]: Sec. 9.1. (a) The board shall develop a forty (40)
429429 33 hour critical incident or crisis intervention response training
430430 34 program in consultation with the technical assistance center (as
431431 35 defined in IC 5-2-21.2-5). The program's curriculum must be
432432 36 equivalent to curriculum developed by the National Alliance on
433433 37 Mental Illness and Crisis Intervention Teams International
434434 38 (NAMI/CIT International).
435435 39 (b) On or before September 30, 2023, the board shall issue a
436436 40 report to the governor, and in an electronic format under
437437 41 IC 5-14-6, to the general assembly, which includes an outline of the
438438 42 training program curriculum as well as the proposed schedule for
439439 2023 IN 294—LS 6662/DI 116 11
440440 1 implementation of the program. The report must also be posted on
441441 2 the board's website. This subsection expires July 1, 2024.
442442 3 SECTION 3. An emergency is declared for this act.
443443 2023 IN 294—LS 6662/DI 116