*EH1338.1*
March 1, 2024
ENGROSSED
HOUSE BILL No. 1338
_____
DIGEST OF HB 1338 (Updated February 27, 2024 12:59 pm - DI 106)
Citations Affected: IC 5-14; IC 35-43.
Synopsis: Security of property and meeting decorum. Allows the
governing bodies of certain local government agencies (local agencies)
to adopt rules or policies governing the conduct of meetings. Provides
that a rule or policy may provide that the presiding member of the
governing body of the local agency may: (1) issue warnings to
disruptive attendees and direct them to leave the meeting on the third
warning; and (2) direct a law enforcement officer to remove disruptive
attendees. Provides that the rules and policies must be posted at the
meeting entrance or announced before taking public testimony.
Specifies that a provision of the tort claims law providing immunity to
a government entity or employee in adopting and enforcing a law or
rule applies. Provides that a person who enters certain locked on
inaccessible areas commits criminal trespass. Specifies that: (1) the
public access counselor serves at the pleasure of the governor; and (2)
when issuing an advisory opinion, the public access counselor may
consider only the plain text of the public access laws and valid Indiana
court opinions.
Effective: July 1, 2024.
Prescott, Meltzer, Pressel, Campbell
(SENATE SPONSORS — BALDWIN, ALEXANDER, RAATZ)
January 10, 2024, read first time and referred to Committee on Government and Regulatory
Reform.
January 16, 2024, amended, reported — Do Pass.
January 18, 2024, read second time, amended, ordered engrossed.
January 19, 2024, engrossed.
January 22, 2024, read third time, passed. Yeas 79, nays 17.
SENATE ACTION
February 5, 2024, read first time and referred to Committee on Corrections and Criminal
Law.
February 29, 2024, amended, reported favorably — Do Pass.
EH 1338—LS 7057/DI 149 March 1, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1338
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-14-1.5-3.3 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 3.3. (a) This section applies only
4 to a meeting of the governing body of an entity described in section
5 2(a)(2) or 2(a)(3) of this chapter.
6 (b) This section does not apply to a meeting of the governing
7 body of a school corporation or charter school.
8 (c) As used in this section, "attendee" means a member of the
9 public who is physically present at a meeting of a governing body.
10 (d) If a governing body allows attendees to speak on a topic at
11 a meeting, the governing body may designate:
12 (1) a period for taking public testimony that is:
13 (A) before or during the governing body's discussion or
14 consideration of the topic; and
15 (B) before the governing body takes final action on the
16 topic; and
17 (2) the amount of time allotted for attendees to speak on the
EH 1338—LS 7057/DI 149 2
1 topic.
2 (e) A governing body may adopt reasonable rules or policies
3 governing the conduct of a meeting, including any of the following:
4 (1) Reasonable restrictions on the time allotted for attendees
5 to speak on a topic.
6 (2) Reasonable steps to maintain order during a meeting with
7 respect to attendees and the elected officials of the governing
8 body.
9 (3) A procedure for the presiding member of the governing
10 body to issue warnings to attendees who disrupt a meeting.
11 Subject to subsection (g), the procedure may provide that if
12 an attendee receives three (3) warnings, the presiding member
of the governing body may upon issuing the third warning,13
14 direct:
15 (A) the attendee to leave the meeting; and
16 (B) a law enforcement officer to remove the attendee from
17 the meeting, if the attendee refuses to leave when directed
18 by the presiding member for a violation of the rules or
19 policies governing the conduct of the meeting as adopted
20 by the governing body.
21 (f) The governing body must notify attendees of any rules or
22 policies that are adopted under this section by:
23 (1) posting the rules or policies in a visible area at the
24 entrance to the meeting location; or
25 (2) making an announcement of the rules or policies at the
26 meeting before taking oral public comment.
27 (g) Nothing in this section may be construed to prohibit a law
28 enforcement officer from immediately removing an attendee from
29 a meeting if:
30 (1) removal of the attendee is necessary to maintain order or
31 ensure the safety of another person;
32 (2) the attendee commits a criminal offense; or
33 (3) the attendee violates the rules or policies governing the
34 conduct of the meeting as adopted by the governing body.
35 (h) IC 34-13-3-3(a)(8) applies to this section.
36 SECTION 2. IC 5-14-4-6 IS AMENDED TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2024]: Sec. 6. The governor shall appoint a
38 public access counselor for a term of four (4) years at a salary to be
39 fixed by the governor. The public access counselor shall serve at the
40 pleasure of the governor.
41 SECTION 3. IC 5-14-4-7 IS REPEALED [EFFECTIVE JULY 1,
42 2024]. Sec. 7. The governor may remove the counselor for cause.
EH 1338—LS 7057/DI 149 3
1 SECTION 4. IC 5-14-4-10.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 10.5. When issuing an advisory opinion, the public
4 access counselor shall consider only:
5 (1) the public access laws, as plainly written; and
6 (2) valid opinions of Indiana courts.
7 SECTION 5. IC 35-43-2-2, AS AMENDED BY P.L.79-2023,
8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]: Sec. 2. (a) As used in this section, "authorized person"
10 means a person authorized by an agricultural operation or a scientific
11 research facility to act on behalf of the agricultural operation or the
12 scientific research facility.
13 (b) A person who:
14 (1) not having a contractual interest in the property, knowingly or
15 intentionally enters the real property of another person after
16 having been denied entry by the other person or that person's
17 agent;
18 (2) not having a contractual interest in the property, knowingly or
19 intentionally refuses to leave the real property of another person
20 after having been asked to leave by the other person or that
21 person's agent;
22 (3) accompanies another person in a vehicle, with knowledge that
23 the other person knowingly or intentionally is exerting
24 unauthorized control over the vehicle;
25 (4) knowingly or intentionally interferes with the possession or
26 use of the property of another person without the person's consent;
27 (5) not having a contractual interest in the property, knowingly or
28 intentionally enters the:
29 (A) property of an agricultural operation that is used for the
30 production, processing, propagation, packaging, cultivation,
31 harvesting, care, management, or storage of an animal, plant,
32 or other agricultural product, including any pasturage or land
33 used for timber management, without the consent of the owner
34 of the agricultural operation or an authorized person; or
35 (B) dwelling of another person without the person's consent;
36 (6) knowingly or intentionally:
37 (A) travels by train without lawful authority or the railroad
38 carrier's consent; and
39 (B) rides on the outside of a train or inside a passenger car,
40 locomotive, or freight car, including a boxcar, flatbed, or
41 container without lawful authority or the railroad carrier's
42 consent;
EH 1338—LS 7057/DI 149 4
1 (7) not having a contractual interest in the property, knowingly or
2 intentionally enters or refuses to leave the property of another
3 person after having been prohibited from entering or asked to
4 leave the property by a law enforcement officer when the property
5 is:
6 (A) vacant real property (as defined in IC 36-7-36-5) or a
7 vacant structure (as defined in IC 36-7-36-6); or
8 (B) designated by a municipality or county enforcement
9 authority to be:
10 (i) abandoned property or an abandoned structure (as
11 defined in IC 36-7-36-1); or
12 (ii) an unsafe building or an unsafe premises (as described
13 in IC 36-7-9);
14 (8) not having a contractual interest in the property, knowingly or
15 intentionally enters the real property of an agricultural operation
16 (as defined in IC 32-30-6-1) without the permission of the owner
17 of the agricultural operation or an authorized person, and
18 knowingly or intentionally engages in conduct that causes
19 property damage to:
20 (A) the owner of or a person having a contractual interest in
21 the agricultural operation;
22 (B) the operator of the agricultural operation; or
23 (C) a person having personal property located on the property
24 of the agricultural operation;
25 (9) not having a contractual interest in the property, knowingly or
26 intentionally enters the real property of a scientific research
27 facility (as defined in IC 35-31.5-2-287) without the permission
28 of, or with permission which was fraudulently obtained from, the
29 owner of the scientific research facility or an authorized person,
30 and knowingly or intentionally engages in conduct that causes
31 property damage to:
32 (A) the owner of or a person having a contractual interest in
33 the scientific research facility;
34 (B) the operator of the scientific research facility; or
35 (C) a person having personal property located on the property
36 of the scientific research facility;
37 (10) knowingly or intentionally enters the property of another
38 person after being denied entry by a court order that has been
39 issued to the person or issued to the general public by
40 conspicuous posting on or around the premises in areas where a
41 person can observe the order when the property has been
42 designated by a municipality or county enforcement authority to
EH 1338—LS 7057/DI 149 5
1 be:
2 (A) a vacant property;
3 (B) an abandoned property;
4 (C) an abandoned structure (as defined in IC 36-7-36-1); or
5 (D) an unsafe building or an unsafe premises (as described in
6 IC 36-7-9); or
7 (11) knowingly or intentionally enters or refuses to leave the polls
8 (as defined in IC 3-5-2-39) or chute (as defined in IC 3-5-2-10)
9 after having been prohibited from entering or asked to leave the
10 polls or chute by a precinct election officer (as defined in
11 IC 3-5-2-40.1) or a law enforcement officer acting on behalf of a
12 precinct election officer; or
13 (12) knowingly or intentionally enters or refuses to leave an
14 area of a property that is locked or otherwise not accessible to
15 the public without permission or prior authorization or after
16 being asked to leave the area of a property by a law
17 enforcement officer or an employee or agent of the owner or
18 operator of the property;
19 commits criminal trespass, a Class A misdemeanor. However, the
20 offense is a Level 6 felony if it is committed on a scientific research
21 facility, on a facility belonging to a public utility (as defined in
22 IC 32-24-1-5.9(a)), on school property, or on a school bus or the person
23 has a prior unrelated conviction for an offense under this section
24 concerning the same property. The offense is a Level 6 felony, for
25 purposes of subdivision (8), if the property damage is more than seven
26 hundred fifty dollars ($750) and less than fifty thousand dollars
27 ($50,000). The offense is a Level 5 felony, for purposes of subdivisions
28 (8) and (9), if the property damage is at least fifty thousand dollars
29 ($50,000).
30 (c) A person has been denied entry under subsection (b)(1) when the
31 person has been denied entry by means of:
32 (1) personal communication, oral or written;
33 (2) posting or exhibiting a notice at the main entrance in a manner
34 that is either prescribed by law or likely to come to the attention
35 of the public;
36 (3) a hearing authority or court order under IC 32-30-6,
37 IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
38 (4) posting the property by placing identifying purple marks on
39 trees or posts around the area where entry is denied.
40 (d) For the purposes of subsection (c)(4):
41 (1) each purple mark must be readily visible to any person
42 approaching the property and must be placed:
EH 1338—LS 7057/DI 149 6
1 (A) on a tree:
2 (i) as a vertical line of at least eight (8) inches in length and
3 with the bottom of the mark at least three (3) feet and not
4 more than five (5) feet from the ground; and
5 (ii) not more than one hundred (100) feet from the nearest
6 other marked tree; or
7 (B) on a post:
8 (i) with the mark covering at least the top two (2) inches of
9 the post, and with the bottom of the mark at least three (3)
10 feet and not more than five (5) feet six (6) inches from the
11 ground; and
12 (ii) not more than thirty-six (36) feet from the nearest other
13 marked post; and
14 (2) before a purple mark that would be visible from both sides of
15 a fence shared by different property owners or lessees may be
16 applied, all of the owners or lessees of the properties must agree
17 to post the properties with purple marks under subsection (c)(4).
18 (e) A law enforcement officer may not deny entry to property or ask
19 a person to leave a property under subsection (b)(7) unless there is
20 reasonable suspicion that criminal activity has occurred or is occurring.
21 (f) A person described in subsection (b)(7) or (b)(10) violates
22 subsection (b)(7) or (b)(10), as applicable, unless the person has the
23 written permission of the owner, the owner's agent, an enforcement
24 authority, or a court to come onto the property for purposes of
25 performing maintenance, repair, or demolition.
26 (g) A person described in subsection (b)(10) violates subsection
27 (b)(10) unless the court that issued the order denying the person entry
28 grants permission for the person to come onto the property.
29 (h) Subsections (b), (c), and (g) do not apply to the following:
30 (1) A passenger on a train.
31 (2) An employee of a railroad carrier while engaged in the
32 performance of official duties.
33 (3) A law enforcement officer, firefighter, or emergency response
34 personnel while engaged in the performance of official duties.
35 (4) A person going on railroad property in an emergency to rescue
36 a person or animal from harm's way or to remove an object that
37 the person reasonably believes poses an imminent threat to life or
38 limb.
39 (5) A person on the station grounds or in the depot of a railroad
40 carrier:
41 (A) as a passenger; or
42 (B) for the purpose of transacting lawful business.
EH 1338—LS 7057/DI 149 7
1 (6) A:
2 (A) person; or
3 (B) person's:
4 (i) family member;
5 (ii) invitee;
6 (iii) employee;
7 (iv) agent; or
8 (v) independent contractor;
9 going on a railroad's right-of-way for the purpose of crossing at a
10 private crossing site approved by the railroad carrier to obtain
11 access to land that the person owns, leases, or operates.
12 (7) A person having written permission from the railroad carrier
13 to go on specified railroad property.
14 (8) A representative of the Indiana department of transportation
15 while engaged in the performance of official duties.
16 (9) A representative of the federal Railroad Administration while
17 engaged in the performance of official duties.
18 (10) A representative of the National Transportation Safety Board
19 while engaged in the performance of official duties.
EH 1338—LS 7057/DI 149 8
COMMITTEE REPORT
Mr. Speaker: Your Committee on Government and Regulatory
Reform, to which was referred House Bill 1338, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 5-14-1.5-3.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3.3. (a) This section applies only
to a meeting of the governing body of an entity described in section
2(a)(2) or 2(a)(3) of this chapter.
(b) This section does not apply to a meeting of the governing
body of a school corporation or charter school.
(c) As used in this section, "attendee" means a member of the
public who is physically present at a meeting of a governing body.
(d) If a governing body allows attendees to speak on a topic at
a meeting, the governing body may designate:
(1) a period for taking public testimony that is:
(A) before or during the governing body's discussion or
consideration of the topic; and
(B) before the governing body takes final action on the
topic; and
(2) the amount of time allotted for attendees to speak on the
topic.
(e) A governing body may adopt reasonable rules or policies
governing the conduct of a meeting, including any of the following:
(1) Reasonable restrictions on the time allotted for attendees
to speak on a topic.
(2) Reasonable steps to maintain order during a meeting with
respect to attendees and the elected officials of the governing
body.
(3) A procedure for the presiding member of the governing
body to issue warnings to attendees who disrupt a meeting.
Subject to subsection (g), the procedure may provide that if
an attendee receives three (3) warnings, the presiding member
of the governing body may upon the issuing the third warning,
direct:
(A) the attendee to leave the meeting; and
(B) a law enforcement officer to remove the attendee from
the meeting, if the attendee refuses to leave when directed
by the presiding member.
(f) The governing body must notify attendees of any rules or
EH 1338—LS 7057/DI 149 9
policies that are adopted under this section by:
(1) posting the rules or policies in a visible area at the
entrance to the meeting location; or
(2) making an announcement of the rules or policies at the
meeting before taking oral public comment.
(g) Nothing in this section may be construed to prohibit a law
enforcement officer from immediately removing an attendee from
a meeting if:
(1) removal of the attendee is necessary to maintain order or
ensure the safety of another person;
(2) the attendee is particularly disruptive; or
(3) the attendee commits a criminal offense.
(h) IC 34-13-3-3(a)(8) applies to this section.".
Page 2, delete lines 1 through 40.
Page 5, line 6, delete "government building" and insert "property".
Page 5, line 12, delete "government building" and insert "property".
Page 5, line 14, delete "government agency;" and insert "owner or
operator of the property;".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1338 as introduced.)
MILLER D
Committee Vote: yeas 11, nays 0.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1338 be amended to read as
follows:
Page 2, line 29, delete "person;" and insert "person; or".
Page 2, delete line 30.
Page 2, line 31, delete "(3)" and insert "(2)".
(Reference is to HB 1338 as printed January 16, 2024.)
CLERE
EH 1338—LS 7057/DI 149 10
HOUSE MOTION
Mr. Speaker: I move that House Bill 1338 be amended to read as
follows:
Page 4, delete lines 39 through 42, begin a new line block indented
and insert:
"(12) knowingly or intentionally:
(A) enters and refuses to leave an area of a property that
is marked as restricted;
(B) enters or refuses to leave an area of a property
designated as employee or authorized personnel only; or
(C) enters or refuses to leave an area of a property that is
locked or otherwise not accessible to the public;".
Page 5, delete lines 1 through 2.
(Reference is to HB 1338 as printed January 16, 2024.)
TORR
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Corrections and
Criminal Law, to which was referred House Bill No. 1338, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 2, line 13, after "upon" delete "the".
Page 2, line 18, delete "member." and insert "member for a
violation of the rules or policies governing the conduct of the
meeting as adopted by the governing body.".
Page 2, line 29, delete "or".
Page 2, line 30, delete "offense." and insert "offense; or
(3) the attendee violates the rules or policies governing the
conduct of the meeting as adopted by the governing body.".
Page 2, between lines 31 and 32, begin a new paragraph and insert:
"SECTION 2. IC 5-14-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. The governor shall
appoint a public access counselor for a term of four (4) years at a salary
to be fixed by the governor. The public access counselor shall serve
at the pleasure of the governor.
EH 1338—LS 7057/DI 149 11
SECTION 3. IC 5-14-4-7 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 7. The governor may remove the counselor for cause.
SECTION 4. IC 5-14-4-10.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 10.5. When issuing an advisory opinion, the public
access counselor shall consider only:
(1) the public access laws, as plainly written; and
(2) valid opinions of Indiana courts.".
Page 4, delete lines 38 through 42, begin a new line block indented
and insert:
"(12) knowingly or intentionally enters or refuses to leave an
area of a property that is locked or otherwise not accessible to
the public without permission or prior authorization or after
being asked to leave the area of a property by a law
enforcement officer or an employee or agent of the owner or
operator of the property;".
Page 5, delete lines 1 through 6.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1338 as reprinted January 19, 2024.)
FREEMAN, Chairperson
Committee Vote: Yeas 5, Nays 2.
EH 1338—LS 7057/DI 149