Indiana 2024 Regular Session

Indiana House Bill HB1294 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1294
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 21-39-8-5; IC 21-39-9.
7	7	Synopsis: Antiterrorism policies of state universities. Requires the
8	8	board of trustees of each state educational institution to adopt a policy
9	9	that prohibits immigrant students, administrators, faculty members, and
10	10	staff from doing any of the following at any time or place: (1)
11	11	Espousing terrorist activity. (2) Persuading others to endorse or
12	12	espouse terrorist activity. (3) Supporting a terrorist organization.
13	13	Requires the policy to provide for enforcement through suspension,
14	14	expulsion, or termination of employment. Requires state educational
15	15	institutions to investigate suspected or alleged violations of the
16	16	policies. Authorizes the attorney general to bring a cause of action to
17	17	enforce the statute and compel a state educational institution to enforce
18	18	its policy. Provides that if a court finds that a state educational
19	19	institution is in violation of the statute, the court shall impose a civil
20	20	judgment against the state educational institution in the amount of
21	21	$100,000 per violation.
22	22	Effective: Upon passage.
23	23	Speedy, Haggard
24	24	January 10, 2024, read first time and referred to Committee on Education.
25	25	2024 IN 1294—LS 7039/DI 92 Introduced
26	26	Second Regular Session of the 123rd General Assembly (2024)
27	27	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	28	Constitution) is being amended, the text of the existing provision will appear in this style type,
29	29	additions will appear in this style type, and deletions will appear in this style type.
30	30	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	31	provision adopted), the text of the new provision will appear in this style type. Also, the
32	32	word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	33	a new provision to the Indiana Code or the Indiana Constitution.
34	34	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	35	between statutes enacted by the 2023 Regular Session of the General Assembly.
36	36	HOUSE BILL No. 1294
37	37	A BILL FOR AN ACT to amend the Indiana Code concerning
38	38	higher education.
39	39	Be it enacted by the General Assembly of the State of Indiana:
40	40	1 SECTION 1. IC 21-39-8-5, AS ADDED BY P.L.145-2022,
41	41	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42	42	3 UPON PASSAGE]: Sec. 5. (a) As used in this chapter, "protected
43	43	4 expressive activity" includes the following:
44	44	5 (1) Participating in speech or conduct protected by the First
45	45	6 Amendment to the Constitution of the United States.
46	46	7 (2) Communicating by any lawful verbal, written, audio visual, or
47	47	8 electronic means.
48	48	9 (3) Participating in peaceful assembly.
49	49	10 (4) Protesting.
50	50	11 (5) Making speeches, including speeches of guest speakers.
51	51	12 (6) Distributing literature.
52	52	13 (7) Carrying signs.
53	53	14 (8) Circulating petitions.
54	54	15 (b) The term does not include conduct prohibited by a state
55	55	16 educational institution policy adopted under IC 21-39-9-7.
56	56	17 SECTION 2. IC 21-39-9 IS ADDED TO THE INDIANA CODE AS
57	57	2024 IN 1294—LS 7039/DI 92 2
58	58	1 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
59	59	2 PASSAGE]:
60	60	3 Chapter 9. Prohibited Support of Terrorism
61	61	4 Sec. 1. The general assembly finds the following:
62	62	(1) That nonimmigrant and lawful permanent resident foreign5
63	63	students and faculty and staff members of state educational6
64	64	institutions are admitted to, and reside in, the United States in7
65	65	a spirit of pluralism and peace.8
66	66	(2) That student and employee 9 visa holders and lawful
67	67	10 permanent residents must remain eligible to stay in the United
68	68	11 States.
69	69	12 (3) That an alien who endorses or espouses terrorist activity,
70	70	13 persuades others to endorse or espouse terrorist activity, or
71	71	14 supports a terrorist organization is inadmissible and subject
72	72	15 to deportation under federal immigration law.
73	73	16 Sec. 2. As used in this chapter, "immigrant member of the
74	74	17 campus community" refers to a member of the campus community
75	75	18 who is a foreign national lawfully present in the United States as
76	76	19 any of the following:
77	77	20 (1) A lawful permanent resident.
78	78	21 (2) An individual with permanent resident status on a
79	79	22 conditional basis under 8 U.S.C 1186a or 8 U.S.C. 1186b.
80	80	23 (3) An individual engaged to be married to a United States
81	81	24 citizen.
82	82	25 (4) An individual holding a family based immigrant visa.
83	83	26 (5) An individual holding a visa issued under the diversity
84	84	27 immigrant visa program.
85	85	28 (6) A permanent worker holding an employment based visa.
86	86	29 (7) A temporary worker holding a nonimmigrant work visa.
87	87	30 (8) An individual holding any of the following:
88	88	31 (A) F student visa.
89	89	32 (B) J exchange visa.
90	90	33 (C) M student visa.
91	91	34 (9) An individual granted admission to the United States as a
92	92	35 refugee.
93	93	36 (10) An individual holding a special immigrant visa.
94	94	37 (11) An individual granted asylum to stay in the United States.
95	95	38 Sec. 3. As used in this chapter, "member of the campus
96	96	39 community" means:
97	97	40 (1) a student enrolled in; or
98	98	41 (2) an individual employed as an administrator, a member of
99	99	42 the faculty, or a member of the staff by:
100	100	2024 IN 1294—LS 7039/DI 92 3
101	101	1 a state educational institution.
102	102	2 Sec. 4. As used in this chapter, "student" means an individual
103	103	3 who is enrolled on a full-time or part-time basis at a state
104	104	4 educational institution.
105	105	5 Sec. 5. As used in this chapter, "terrorist activity" has the
106	106	6 meaning set forth in 8 U.S.C. 1182, as in effect on January 1, 2024.
107	107	7 Sec. 6. As used in this chapter, "terrorist organization" has the
108	108	8 meaning set forth in 8 U.S.C. 1182, as in effect on January 1, 2024.
109	109	9 Sec. 7. Before September 1, 2024, the board of trustees of each
110	110	10 state educational institution shall adopt a policy that prohibits an
111	111	11 immigrant member of the campus community from doing any of
112	112	12 the following at any time or place:
113	113	13 (1) Espousing terrorist activity.
114	114	14 (2) Persuading others to endorse or espouse terrorist activity.
115	115	15 (3) Supporting a terrorist organization.
116	116	16 Sec. 8. The board of trustees of a state educational institution
117	117	17 shall include the following enforcement provisions in a policy
118	118	18 adopted under section 7 of this chapter:
119	119	19 (1) For the first time that an immigrant member of the
120	120	20 campus community is found to have violated the policy, a
121	121	21 provision providing that the member of the campus
122	122	22 community must be suspended from the member's enrollment
123	123	23 as a student of, or from the member's employment by, the
124	124	24 state educational institution for at least one (1) year.
125	125	25 (2) For a finding that the immigrant member of the campus
126	126	26 community has committed a second violation of the policy, a
127	127	27 provision providing that a member of the campus community
128	128	28 must be:
129	129	29 (A) expelled from the state educational institution, in the
130	130	30 case of a student; or
131	131	31 (B) terminated as an employee of the state educational
132	132	32 institution, in the case of an administrator, a member of
133	133	33 the faculty, or a member of the state educational institution
134	134	34 staff.
135	135	35 (3) A provision prohibiting an individual from transferring to,
136	136	36 enrolling at, or becoming employed by the state educational
137	137	37 institution if the individual has been suspended, expelled, or
138	138	38 terminated from another state educational institution in
139	139	39 accordance with a policy adopted by that state educational
140	140	40 institution under section 7 of this chapter.
141	141	41 Sec. 9. If a state educational institution suspects or receives a
142	142	42 credible allegation that an individual has violated the policy
143	143	2024 IN 1294—LS 7039/DI 92 4
144	144	1 adopted under section 7 of this chapter, the state educational
145	145	2 institution shall investigate the alleged violation. If warranted by
146	146	3 the factual results of the investigation, the state educational
147	147	4 institution shall conduct a disciplinary hearing to determine
148	148	5 whether the individual has committed the alleged violation of the
149	149	6 policy. If the state educational institution determines by clear and
150	150	7 convincing evidence that the individual has violated the policy, the
151	151	8 state educational institution shall discipline the individual in
152	152	9 accordance with the policy and section 8 of this chapter.
153	153	10 Sec. 10. Immediately after suspending, expelling, or terminating
154	154	11 the employment of an immigrant member of the campus
155	155	12 community in an enforcement action described in section 8 of this
156	156	13 chapter, the state educational institution shall update the
157	157	14 individual's record in the Department of Homeland Security's
158	158	15 Student Exchange Visitor Information System (SEVIS) or a
159	159	16 successor system to show that the individual is no longer:
160	160	17 (1) enrolled as a student of; or
161	161	18 (2) employed by;
162	162	19 the state educational institution.
163	163	20 Sec. 11. (a) If:
164	164	21 (1) the attorney general suspects or receives a credible
165	165	22 allegation that an individual has violated the policy of a state
166	166	23 educational institution adopted under section 7 of this
167	167	24 chapter; and
168	168	25 (2) the state educational institution has failed to investigate
169	169	26 the allegation as required by section 9 of this chapter;
170	170	27 the attorney general may bring an action in an appropriate circuit
171	171	28 or superior court to enforce this chapter and compel the state
172	172	29 educational institution to enforce its policy.
173	173	30 (b) In accordance with all applicable trial rules, the attorney
174	174	31 general may compel the production of documents and other
175	175	32 evidence from a state educational institution suspected of violating
176	176	33 section 9 of this chapter, including all education records,
177	177	34 employment records, and other relevant records that are not
178	178	35 otherwise considered confidential under applicable law.
179	179	36 (c) If a court finds by a preponderance of the evidence that a
180	180	37 state educational institution is in violation of section 9 of this
181	181	38 chapter, the court shall impose a civil judgment against the state
182	182	39 educational institution in the amount of one hundred thousand
183	183	40 dollars ($100,000) per violation.
184	184	41 Sec. 12. The provisions of this chapter are severable in the
185	185	42 manner provided under IC 1-1-1-8(b).
186	186	2024 IN 1294—LS 7039/DI 92 5
187	187	1 SECTION 3. An emergency is declared for this act.
188	188	2024 IN 1294—LS 7039/DI 92