Indiana 2024 Regular Session

Indiana Senate Bill SB0063 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 63
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-22-2.3-10; IC 5-2-1; IC 35-31.5-2-185;
7	7	IC 36-8-17-7.5.
8	8	Synopsis: Law enforcement powers of fire investigators. Provides that
9	9	a fire investigator appointed after June 30, 2024, who is a member of:
10	10	(1) a fire department that provides service to a first or second class city
11	11	(city); or (2) a city fire department; may exercise police powers for the
12	12	city if certain requirements are satisfied, including meeting basic
13	13	training standards established by the law enforcement training board
14	14	(board) and written notification is sent from the city fire chief to the
15	15	city police chief and county sheriff. (Under current law, the fire
16	16	investigator must be authorized to exercise police power by the police
17	17	chief and fire chief of the first class or second class city.) Provides that
18	18	a fire investigator who exercised police powers before July 1, 2024,
19	19	and has not completed the basic training standards established by the
20	20	board must complete supplemental training and education established
21	21	by the board to continue exercising police powers after June 30, 2026.
22	22	Allows the board to adopt interim rules to establish the supplemental
23	23	training and educational requirements for fire investigators.
24	24	Effective: July 1, 2024.
25	25	Ford J.D.
26	26	January 8, 2024, read first time and referred to Committee on Homeland Security and
27	27	Transportation.
28	28	2024 IN 63—LS 6310/DI 87 Introduced
29	29	Second Regular Session of the 123rd General Assembly (2024)
30	30	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
31	31	Constitution) is being amended, the text of the existing provision will appear in this style type,
32	32	additions will appear in this style type, and deletions will appear in this style type.
33	33	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
34	34	provision adopted), the text of the new provision will appear in this style type. Also, the
35	35	word NEW will appear in that style type in the introductory clause of each SECTION that adds
36	36	a new provision to the Indiana Code or the Indiana Constitution.
37	37	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
38	38	between statutes enacted by the 2023 Regular Session of the General Assembly.
39	39	SENATE BILL No. 63
40	40	A BILL FOR AN ACT to amend the Indiana Code concerning
41	41	public safety.
42	42	Be it enacted by the General Assembly of the State of Indiana:
43	43	1 SECTION 1. IC 4-22-2.3-10 IS ADDED TO THE INDIANA CODE
44	44	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
45	45	3 1, 2024]: Sec. 10. The Indiana law enforcement training board may
46	46	4 adopt interim rules under the interim rule procedures in
47	47	5 IC 4-22-2-37.2 under the board's authority in IC 5-2-1-9.1 to
48	48	6 establish supplemental training and educational requirements for
49	49	7 certain fire investigators. A rule described in this section expires
50	50	8 not later than two (2) years after the rule is accepted for filing by
51	51	9 the publisher of the Indiana Register and may not be continued in
52	52	10 another interim rule.
53	53	11 SECTION 2. IC 5-2-1-9, AS AMENDED BY P.L.170-2023,
54	54	12 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
55	55	13 JULY 1, 2024]: Sec. 9. (a) The board shall adopt in accordance with
56	56	14 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
57	57	15 The rules, which shall be adopted only after necessary and proper
58	58	16 investigation and inquiry by the board, shall include the establishment
59	59	17 of the following:
60	60	2024 IN 63—LS 6310/DI 87 2
61	61	1 (1) A consistent and uniform statewide deadly force policy and
62	62	2 training program, that is consistent with state and federal law.
63	63	3 Upon adoption by the law enforcement training board, the policy
64	64	4 and training program must be implemented, without modification,
65	65	5 by all Indiana law enforcement agencies, offices, or departments.
66	66	6 (2) A consistent and uniform statewide defensive tactics policy
67	67	7 and training program, that is consistent with state and federal law.
68	68	8 Upon adoption by the law enforcement training board, the policy
69	69	9 and training program must be implemented, without modification,
70	70	10 by all Indiana law enforcement agencies, offices, or departments.
71	71	11 (3) A uniform statewide minimum standard for vehicle pursuits
72	72	12 consistent with state and federal law.
73	73	13 (4) Minimum standards of physical, educational, mental, and
74	74	14 moral fitness which shall govern the acceptance of any person for
75	75	15 training by any law enforcement training school or academy
76	76	16 meeting or exceeding the minimum standards established
77	77	17 pursuant to this chapter.
78	78	18 (5) Minimum standards for law enforcement training schools
79	79	19 administered by towns, cities, counties, law enforcement training
80	80	20 centers, agencies, or departments of the state.
81	81	21 (6) Minimum standards for courses of study, attendance
82	82	22 requirements, equipment, and facilities for approved town, city,
83	83	23 county, and state law enforcement officer, police reserve officer,
84	84	24 and conservation reserve officer training schools.
85	85	25 (7) Minimum standards for a course of study on cultural diversity
86	86	26 awareness, including training on the U nonimmigrant visa created
87	87	27 through the federal Victims of Trafficking and Violence
88	88	28 Protection Act of 2000 (P.L. 106-386) that must be required for
89	89	29 each person accepted for training at a law enforcement training
90	90	30 school or academy. Cultural diversity awareness study must
91	91	31 include an understanding of cultural issues related to race,
92	92	32 religion, gender, age, domestic violence, national origin, and
93	93	33 physical and mental disabilities.
94	94	34 (8) Minimum qualifications for instructors at approved law
95	95	35 enforcement training schools.
96	96	36 (9) Minimum basic training requirements which law enforcement
97	97	37 officers appointed to probationary terms shall complete before
98	98	38 being eligible for continued or permanent employment.
99	99	39 (10) Minimum basic training requirements which law
100	100	40 enforcement officers appointed on other than a permanent basis
101	101	41 shall complete in order to be eligible for continued employment
102	102	42 or permanent appointment.
103	103	2024 IN 63—LS 6310/DI 87 3
104	104	1 (11) Minimum basic training requirements which law
105	105	2 enforcement officers appointed on a permanent basis shall
106	106	3 complete in order to be eligible for continued employment.
107	107	4 (12) Minimum basic training requirements for each person
108	108	5 accepted for training at a law enforcement training school or
109	109	6 academy that include six (6) hours of training in interacting with:
110	110	7 (A) persons with autism, mental illness, addictive disorders,
111	111	8 intellectual disabilities, and developmental disabilities;
112	112	9 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
113	113	10 and
114	114	11 (C) persons with Alzheimer's disease or related senile
115	115	12 dementia;
116	116	13 to be provided by persons approved by the secretary of family and
117	117	14 social services and the board. The training must include an
118	118	15 overview of the crisis intervention teams.
119	119	16 (13) Minimum standards for a course of study on human and
120	120	17 sexual trafficking that must be required for each person accepted
121	121	18 for training at a law enforcement training school or academy and
122	122	19 for inservice training programs for law enforcement officers. The
123	123	20 course must cover the following topics:
124	124	21 (A) Examination of the human and sexual trafficking laws (IC
125	125	22 35-42-3.5).
126	126	23 (B) Identification of human and sexual trafficking.
127	127	24 (C) Communicating with traumatized persons.
128	128	25 (D) Therapeutically appropriate investigative techniques.
129	129	26 (E) Collaboration with federal law enforcement officials.
130	130	27 (F) Rights of and protections afforded to victims.
131	131	28 (G) Providing documentation that satisfies the Declaration of
132	132	29 Law Enforcement Officer for Victim of Trafficking in Persons
133	133	30 (Form I-914, Supplement B) requirements established under
134	134	31 federal law.
135	135	32 (H) The availability of community resources to assist human
136	136	33 and sexual trafficking victims.
137	137	34 (14) Minimum standards for ongoing specialized, intensive, and
138	138	35 integrative training for persons responsible for investigating
139	139	36 sexual assault cases involving adult victims. This training must
140	140	37 include instruction on:
141	141	38 (A) the neurobiology of trauma;
142	142	39 (B) trauma informed interviewing; and
143	143	40 (C) investigative techniques.
144	144	41 (15) Minimum standards for de-escalation training. De-escalation
145	145	42 training shall be taught as a part of existing use-of-force training
146	146	2024 IN 63—LS 6310/DI 87 4
147	147	1 and not as a separate topic.
148	148	2 (16) Minimum standards regarding best practices for crowd
149	149	3 control, protests, and First Amendment activities.
150	150	4 (17) Minimum standards for basic training and inservice training
151	151	5 programs, which may be completed online or by other means of
152	152	6 virtual instruction, that occur after December 31, 2024, and that
153	153	7 address the mental health and wellness of law enforcement
154	154	8 officers including:
155	155	9 (A) healthy coping skills to preserve the mental health of law
156	156	10 enforcement officers and manage the stress and trauma of
157	157	11 policing;
158	158	12 (B) recognizing:
159	159	13 (i) symptoms of posttraumatic stress disorder; and
160	160	14 (ii) signs of suicidal behavior; and
161	161	15 (C) information on mental health resources available for law
162	162	16 enforcement officers.
163	163	17 All statewide policies and minimum standards shall be documented in
164	164	18 writing and published on the Indiana law enforcement academy (ILEA)
165	165	19 website. Any policy, standard, or training program implemented,
166	166	20 adopted, or promulgated by a vote of the board may only subsequently
167	167	21 be modified or rescinded by a two-thirds (2/3) majority vote of the
168	168	22 board.
169	169	23 (b) A law enforcement officer appointed after July 5, 1972, and
170	170	24 before July 1, 1993, may not enforce the laws or ordinances of the state
171	171	25 or any political subdivision unless the officer has, within one (1) year
172	172	26 from the date of appointment, successfully completed the minimum
173	173	27 basic training requirements established under this chapter by the board.
174	174	28 If a person fails to successfully complete the basic training
175	175	29 requirements within one (1) year from the date of employment, the
176	176	30 officer may not perform any of the duties of a law enforcement officer
177	177	31 involving control or direction of members of the public or exercising
178	178	32 the power of arrest until the officer has successfully completed the
179	179	33 training requirements. This subsection does not apply to any law
180	180	34 enforcement officer appointed before July 6, 1972, or after June 30,
181	181	35 1993.
182	182	36 (c) Military leave or other authorized leave of absence from law
183	183	37 enforcement duty during the first year of employment after July 6,
184	184	38 1972, shall toll the running of the first year, which shall be calculated
185	185	39 by the aggregate of the time before and after the leave, for the purposes
186	186	40 of this chapter.
187	187	41 (d) Except as provided in subsections (e), (m), (t), and (u), a law
188	188	42 enforcement officer appointed to a law enforcement department or
189	189	2024 IN 63—LS 6310/DI 87 5
190	190	1 agency after June 30, 1993, may not:
191	191	2 (1) make an arrest;
192	192	3 (2) conduct a search or a seizure of a person or property; or
193	193	4 (3) carry a firearm;
194	194	5 unless the law enforcement officer successfully completes, at a board
195	195	6 certified law enforcement academy or at a law enforcement training
196	196	7 center under section 10.5 or 15.2 of this chapter, the basic training
197	197	8 requirements established by the board under this chapter.
198	198	9 (e) This subsection does not apply to:
199	199	10 (1) a gaming agent employed as a law enforcement officer by the
200	200	11 Indiana gaming commission; or
201	201	12 (2) an:
202	202	13 (A) attorney; or
203	203	14 (B) investigator;
204	204	15 designated by the securities commissioner as a police officer of
205	205	16 the state under IC 23-19-6-1(k).
206	206	17 Before a law enforcement officer appointed after June 30, 1993,
207	207	18 completes the basic training requirements, the law enforcement officer
208	208	19 may exercise the police powers described in subsection (d) if the
209	209	20 officer successfully completes the pre-basic course established in
210	210	21 subsection (f). Successful completion of the pre-basic course authorizes
211	211	22 a law enforcement officer to exercise the police powers described in
212	212	23 subsection (d) for one (1) year after the date the law enforcement
213	213	24 officer is appointed.
214	214	25 (f) The board shall adopt rules under IC 4-22-2 to establish a
215	215	26 pre-basic course for the purpose of training:
216	216	27 (1) law enforcement officers;
217	217	28 (2) police reserve officers (as described in IC 36-8-3-20); and
218	218	29 (3) conservation reserve officers (as described in IC 14-9-8-27);
219	219	30 regarding the subjects of arrest, search and seizure, the lawful use of
220	220	31 force, de-escalation training, interacting with individuals with autism,
221	221	32 and the operation of an emergency vehicle. The pre-basic course must
222	222	33 be offered on a periodic basis throughout the year at regional sites
223	223	34 statewide. The pre-basic course must consist of at least forty (40) hours
224	224	35 of course work. The board may prepare the classroom part of the
225	225	36 pre-basic course using available technology in conjunction with live
226	226	37 instruction. The board shall provide the course material, the instructors,
227	227	38 and the facilities at the regional sites throughout the state that are used
228	228	39 for the pre-basic course. In addition, the board may certify pre-basic
229	229	40 courses that may be conducted by other public or private training
230	230	41 entities, including postsecondary educational institutions.
231	231	42 (g) Subject to subsection (h), the board shall adopt rules under
232	232	2024 IN 63—LS 6310/DI 87 6
233	233	1 IC 4-22-2 to establish a mandatory inservice training program for
234	234	2 police officers and police reserve officers (as described in
235	235	3 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
236	236	4 satisfactorily completed basic training and has been appointed to a law
237	237	5 enforcement department or agency on either a full-time or part-time
238	238	6 basis is not eligible for continued employment unless the officer
239	239	7 satisfactorily completes the mandatory inservice training requirements
240	240	8 established by rules adopted by the board. Inservice training must
241	241	9 include de-escalation training. Inservice training must also include:
242	242	10 (1) training:
243	243	11 (A) in interacting with persons with mental illness, addictive
244	244	12 disorders, intellectual disabilities, autism, developmental
245	245	13 disabilities, and Alzheimer's disease or related senile
246	246	14 dementia; and
247	247	15 (B) provided by persons approved by the secretary of family
248	248	16 and social services and the board;
249	249	17 (2) after December 31, 2024, annual training, which may be
250	250	18 completed online or by other means of virtual instruction, that
251	251	19 addresses the mental health and wellness of law enforcement
252	252	20 officers including:
253	253	21 (A) healthy coping skills to preserve the mental health of law
254	254	22 enforcement officers and manage the stress and trauma of
255	255	23 policing;
256	256	24 (B) recognizing:
257	257	25 (i) symptoms of posttraumatic stress disorder; and
258	258	26 (ii) signs of suicidal behavior; and
259	259	27 (C) information on mental health resources available for law
260	260	28 enforcement officers; and
261	261	29 (3) training concerning:
262	262	30 (A) human and sexual trafficking; and
263	263	31 (B) high risk missing persons (as defined in IC 5-2-17-1).
264	264	32 The board may approve courses offered by other public or private
265	265	33 training entities, including postsecondary educational institutions, as
266	266	34 necessary in order to ensure the availability of an adequate number of
267	267	35 inservice training programs. The board may waive an officer's inservice
268	268	36 training requirements if the board determines that the officer's reason
269	269	37 for lacking the required amount of inservice training hours is due to
270	270	38 either an emergency situation or the unavailability of courses.
271	271	39 (h) This subsection applies only to a mandatory inservice training
272	272	40 program under subsection (g). Notwithstanding subsection (g), the
273	273	41 board may, without adopting rules under IC 4-22-2, modify the course
274	274	42 work of a training subject matter, modify the number of hours of
275	275	2024 IN 63—LS 6310/DI 87 7
276	276	1 training required within a particular subject matter, or add a new
277	277	2 subject matter, if the board satisfies the following requirements:
278	278	3 (1) The board must conduct at least two (2) public meetings on
279	279	4 the proposed modification or addition.
280	280	5 (2) After approving the modification or addition at a public
281	281	6 meeting, the board must post notice of the modification or
282	282	7 addition on the Indiana law enforcement academy's website at
283	283	8 least thirty (30) days before the modification or addition takes
284	284	9 effect.
285	285	10 If the board does not satisfy the requirements of this subsection, the
286	286	11 modification or addition is void. This subsection does not authorize the
287	287	12 board to eliminate any inservice training subject matter required under
288	288	13 subsection (g).
289	289	14 (i) The board shall also adopt rules establishing a town marshal and
290	290	15 conservancy district marshal basic training program, subject to the
291	291	16 following:
292	292	17 (1) The program must require fewer hours of instruction and class
293	293	18 attendance and fewer courses of study than are required for the
294	294	19 mandated basic training program.
295	295	20 (2) Certain parts of the course materials may be studied by a
296	296	21 candidate at the candidate's home in order to fulfill requirements
297	297	22 of the program.
298	298	23 (3) Law enforcement officers successfully completing the
299	299	24 requirements of the program are eligible for appointment only in
300	300	25 towns employing the town marshal system (IC 36-5-7) or a
301	301	26 conservancy district that employs a conservancy district marshal
302	302	27 under IC 14-33-25 and having not more than one (1) marshal and
303	303	28 six (6) deputies.
304	304	29 (4) The limitation imposed by subdivision (3) does not apply to an
305	305	30 officer who has successfully completed the mandated basic
306	306	31 training program.
307	307	32 (5) The time limitations imposed by subsections (b) and (c) for
308	308	33 completing the training are also applicable to the marshal basic
309	309	34 training program.
310	310	35 (6) The program must require training in interacting with
311	311	36 individuals with autism.
312	312	37 (j) The board shall adopt rules under IC 4-22-2 to establish an
313	313	38 executive training program. The executive training program must
314	314	39 include training in the following areas:
315	315	40 (1) Liability.
316	316	41 (2) Media relations.
317	317	42 (3) Accounting and administration.
318	318	2024 IN 63—LS 6310/DI 87 8
319	319	1 (4) Discipline.
320	320	2 (5) Department policy making.
321	321	3 (6) Lawful use of force and de-escalation training.
322	322	4 (7) Department programs.
323	323	5 (8) Emergency vehicle operation.
324	324	6 (9) Cultural diversity.
325	325	7 (10) After December 31, 2024, mental health and wellness and
326	326	8 suicide prevention of law enforcement officers. The training
327	327	9 requirement under this subdivision may be provided as part of an
328	328	10 online course or by other means of virtual instruction.
329	329	11 (k) A police chief shall apply for admission to the executive training
330	330	12 program within two (2) months of the date the police chief initially
331	331	13 takes office. A police chief must successfully complete the executive
332	332	14 training program within six (6) months of the date the police chief
333	333	15 initially takes office. However, if space in the executive training
334	334	16 program is not available at a time that will allow completion of the
335	335	17 executive training program within six (6) months of the date the police
336	336	18 chief initially takes office, the police chief must successfully complete
337	337	19 the next available executive training program that is offered after the
338	338	20 police chief initially takes office.
339	339	21 (l) A police chief who fails to comply with subsection (k) may not
340	340	22 continue to serve as the police chief until completion of the executive
341	341	23 training program. For the purposes of this subsection and subsection
342	342	24 (k), "police chief" refers to:
343	343	25 (1) the police chief of any city;
344	344	26 (2) the police chief of any town having a metropolitan police
345	345	27 department; and
346	346	28 (3) the chief of a consolidated law enforcement department
347	347	29 established under IC 36-3-1-5.1.
348	348	30 A town marshal or a conservancy district marshal is not considered to
349	349	31 be a police chief for these purposes, but a town marshal or a
350	350	32 conservancy district marshal may enroll in the executive training
351	351	33 program.
352	352	34 (m) A fire investigator in the department of homeland security
353	353	35 appointed after December 31, 1993, is required to comply with the
354	354	36 basic training standards established under this chapter. A fire
355	355	37 investigator appointed after June 30, 2024, is required to comply
356	356	38 with the basic training standards established under this chapter to
357	357	39 be authorized to exercise police powers under IC 36-8-17-7.5.
358	358	40 (n) The board shall adopt rules under IC 4-22-2 to establish a
359	359	41 program to certify handgun safety courses, including courses offered
360	360	42 in the private sector, that meet standards approved by the board for
361	361	2024 IN 63—LS 6310/DI 87 9
362	362	1 training probation officers in handgun safety as required by
363	363	2 IC 11-13-1-3.5(2).
364	364	3 (o) The board shall adopt rules under IC 4-22-2 to establish a
365	365	4 refresher course for an officer who:
366	366	5 (1) is hired by an Indiana law enforcement department or agency
367	367	6 as a law enforcement officer;
368	368	7 (2) has not been employed as a law enforcement officer for:
369	369	8 (A) at least two (2) years; and
370	370	9 (B) less than six (6) years before the officer is hired under
371	371	10 subdivision (1); and
372	372	11 (3) completed at any time a basic training course certified or
373	373	12 recognized by the board before the officer is hired under
374	374	13 subdivision (1).
375	375	14 (p) An officer to whom subsection (o) applies must successfully
376	376	15 complete the refresher course described in subsection (o) not later than
377	377	16 six (6) months after the officer's date of hire, or the officer loses the
378	378	17 officer's powers of:
379	379	18 (1) arrest;
380	380	19 (2) search; and
381	381	20 (3) seizure.
382	382	21 (q) The board shall adopt rules under IC 4-22-2 to establish a
383	383	22 refresher course for an officer who:
384	384	23 (1) is appointed by an Indiana law enforcement department or
385	385	24 agency as a reserve police officer; and
386	386	25 (2) has not worked as a reserve police officer for at least two (2)
387	387	26 years after:
388	388	27 (A) completing the pre-basic course; or
389	389	28 (B) leaving the individual's last appointment as a reserve
390	390	29 police officer.
391	391	30 An officer to whom this subsection applies must successfully complete
392	392	31 the refresher course established by the board in order to work as a
393	393	32 reserve police officer.
394	394	33 (r) This subsection applies to an individual who, at the time the
395	395	34 individual completes a board certified or recognized basic training
396	396	35 course, has not been appointed as a law enforcement officer by an
397	397	36 Indiana law enforcement department or agency. If the individual is not
398	398	37 employed as a law enforcement officer for at least two (2) years after
399	399	38 completing the basic training course, the individual must successfully
400	400	39 retake and complete the basic training course as set forth in subsection
401	401	40 (d).
402	402	41 (s) The board shall adopt rules under IC 4-22-2 to establish a
403	403	42 refresher course for an individual who:
404	404	2024 IN 63—LS 6310/DI 87 10
405	405	1 (1) is appointed as a board certified instructor of law enforcement
406	406	2 training; and
407	407	3 (2) has not provided law enforcement training instruction for
408	408	4 more than one (1) year after the date the individual's instructor
409	409	5 certification expired.
410	410	6 An individual to whom this subsection applies must successfully
411	411	7 complete the refresher course established by the board in order to
412	412	8 renew the individual's instructor certification.
413	413	9 (t) This subsection applies only to a gaming agent employed as a
414	414	10 law enforcement officer by the Indiana gaming commission. A gaming
415	415	11 agent appointed after June 30, 2005, may exercise the police powers
416	416	12 described in subsection (d) if:
417	417	13 (1) the agent successfully completes the pre-basic course
418	418	14 established in subsection (f); and
419	419	15 (2) the agent successfully completes any other training courses
420	420	16 established by the Indiana gaming commission in conjunction
421	421	17 with the board.
422	422	18 (u) This subsection applies only to a securities enforcement officer
423	423	19 designated as a law enforcement officer by the securities
424	424	20 commissioner. A securities enforcement officer may exercise the police
425	425	21 powers described in subsection (d) if:
426	426	22 (1) the securities enforcement officer successfully completes the
427	427	23 pre-basic course established in subsection (f); and
428	428	24 (2) the securities enforcement officer successfully completes any
429	429	25 other training courses established by the securities commissioner
430	430	26 in conjunction with the board.
431	431	27 (v) This subsection applies only to a correctional police officer
432	432	28 employed by the department of correction. A correctional police officer
433	433	29 may exercise the police powers described in subsection (d) if:
434	434	30 (1) the officer successfully completes the pre-basic course
435	435	31 described in subsection (f); and
436	436	32 (2) the officer successfully completes any other training courses
437	437	33 established by the department of correction in conjunction with
438	438	34 the board.
439	439	35 (w) This subsection applies only to the sexual assault training
440	440	36 described in subsection (a)(14). The board shall:
441	441	37 (1) consult with experts on the neurobiology of trauma, trauma
442	442	38 informed interviewing, and investigative techniques in developing
443	443	39 the sexual assault training; and
444	444	40 (2) develop the sexual assault training and begin offering the
445	445	41 training not later than July 1, 2022.
446	446	42 (x) After July 1, 2023, a law enforcement officer who regularly
447	447	2024 IN 63—LS 6310/DI 87 11
448	448	1 investigates sexual assaults involving adult victims must complete the
449	449	2 training requirements described in subsection (a)(14) within one (1)
450	450	3 year of being assigned to regularly investigate sexual assaults involving
451	451	4 adult victims.
452	452	5 (y) A law enforcement officer who regularly investigates sexual
453	453	6 assaults involving adult victims may complete the training
454	454	7 requirements described in subsection (a)(14) by attending a:
455	455	8 (1) statewide or national training; or
456	456	9 (2) department hosted local training.
457	457	10 (z) Notwithstanding any other provisions of this section, the board
458	458	11 is authorized to establish certain required standards of training and
459	459	12 procedure.
460	460	13 SECTION 3. IC 5-2-1-9.1 IS ADDED TO THE INDIANA CODE
461	461	14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
462	462	15 1, 2024]: Sec. 9.1. (a) This section applies only to a fire investigator
463	463	16 who exercised police powers before July 1, 2024, and has not
464	464	17 completed the basic training requirements (Tier I course)
465	465	18 established by the board.
466	466	19 (b) Not later than May 1, 2025, the board shall adopt rules
467	467	20 under the interim rule procedures in IC 4-22-2-37.2 to establish
468	468	21 training and educational requirements that supplement the
469	469	22 training of fire investigators who successfully completed the
470	470	23 pre-basic, Tier II, or Tier III courses. A fire investigator who
471	471	24 successfully completes the supplemental training established by the
472	472	25 board satisfies all training required to be authorized to exercise
473	473	26 police powers under IC 36-8-17-7.5 without completing the basic
474	474	27 training requirements (Tier I course) established by the board.
475	475	28 (c) A fire investigator who is authorized under IC 36-8-17-7.5
476	476	29 may continue to exercise police powers after June 30, 2024.
477	477	30 However, a fire investigator may not be authorized to exercise
478	478	31 police powers under IC 36-8-17-7.5 after June 30, 2026, unless the
479	479	32 fire investigator successfully completes the supplemental training
480	480	33 and educational requirements established by the board under this
481	481	34 section.
482	482	35 SECTION 4. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
483	483	36 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
484	484	37 JULY 1, 2024]: Sec. 185. (a) "Law enforcement officer" means:
485	485	38 (1) a police officer (including a tribal police officer, a correctional
486	486	39 police officer, and a hospital police officer employed by a hospital
487	487	40 police department established under IC 16-18-4), sheriff,
488	488	41 constable, marshal, prosecuting attorney, special prosecuting
489	489	42 attorney, special deputy prosecuting attorney, the securities
490	490	2024 IN 63—LS 6310/DI 87 12
491	491	1 commissioner, or the inspector general;
492	492	2 (2) a deputy of any of those persons;
493	493	3 (3) an investigator for a prosecuting attorney or for the inspector
494	494	4 general;
495	495	5 (4) a conservation officer;
496	496	6 (5) an enforcement officer of the alcohol and tobacco
497	497	7 commission;
498	498	8 (6) an enforcement officer of the securities division of the office
499	499	9 of the secretary of state; or
500	500	10 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
501	501	11 control officer employed by the gaming control division under
502	502	12 IC 4-33-20;
503	503	13 (8) a fire investigator of the department of homeland security;
504	504	14 or
505	505	15 (9) a fire investigator authorized to exercise police powers
506	506	16 under IC 36-8-17-7.5.
507	507	17 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
508	508	18 includes an alcoholic beverage enforcement officer, as set forth in
509	509	19 IC 35-42-2-1.
510	510	20 (c) "Law enforcement officer", for purposes of IC 35-45-15,
511	511	21 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
512	512	22 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
513	513	23 IC 35-44.1-3-2, includes a school resource officer (as defined in
514	514	24 IC 20-26-18.2-1) and a school corporation police officer appointed
515	515	25 under IC 20-26-16.
516	516	26 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
517	517	27 meaning set forth in IC 35-40.5-1-1.
518	518	28 SECTION 5. IC 36-8-17-7.5, AS ADDED BY P.L.90-2017,
519	519	29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
520	520	30 JULY 1, 2024]: Sec. 7.5. (a) As used in this section, "city" means a
521	521	31 first or second class city.
522	522	32 (b) As used in this section, "fire investigator" means a fire
523	523	33 investigator who serves a city as a member of:
524	524	34 (1) the city fire department; or
525	525	35 (2) a fire department that provides service to the city.
526	526	36 (a) (c) As used in this section, "police powers" means the power to:
527	527	37 (1) make an arrest;
528	528	38 (2) conduct a search or seizure of a person or property; or
529	529	39 (3) carry a firearm.
530	530	40 (b) (d) A fire investigator of a first class or second class city may
531	531	41 exercise police powers for a city if the fire investigator meets all of the
532	532	42 following requirements:
533	533	2024 IN 63—LS 6310/DI 87 13
534	534	1 (1) The fire investigator has been authorized to exercise police
535	535	2 powers by the:
536	536	3 (A) police chief; and (B) fire chief; of the first class or second
537	537	4 class city. The fire chief of the city fire department or the fire
538	538	5 department that provides service to the city has provided
539	539	6 written notification to:
540	540	7 (A) the city police chief; and
541	541	8 (B) the sheriff of each county in which the city is located;
542	542	9 that the fire investigator is authorized by the fire chief to
543	543	10 exercise police powers.
544	544	11 (2) The fire investigator has successfully completed the pre-basic
545	545	12 training course established under IC 5-2-1-9(f).
546	546	13 (3) The fire investigator has successfully completed the minimum
547	547	14 basic training and educational requirements adopted by the law
548	548	15 enforcement training board under IC 5-2-1-9 as necessary for
549	549	16 employment as a law enforcement officer.
550	550	2024 IN 63—LS 6310/DI 87