Indiana 2025 2025 Regular Session

Indiana House Bill HB1186 Introduced / Bill

Filed 01/07/2025

                     
Introduced Version
HOUSE BILL No. 1186
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 5-2-1-9; IC 5-10; IC 9-21-8-56; IC 10-10.5-5;
IC 14-33-25-3; IC 35-31.5-2-185; IC 35-42-2-2; IC 35-47-4-5;
IC 36-5-7-4; IC 36-8-2.1-3.
Synopsis:  Law enforcement matters. Provides that a correctional
professional is considered a public safety officer for purposes of
determining eligibility for line of duty death benefits. (Current law
provides that a correctional officer is considered a public safety officer
for determining eligibility line of death benefits.) Provides that a law
enforcement officer who: (1) has successfully completed Tier II or Tier
III basic requirements; or (2) has completed a pre-basic program and
will timely complete Tier II or Tier III basic training requirements; may
only exercise police powers when the law enforcement officer is
carrying out the duties of the law enforcement agency that appointed
the law enforcement officer within the geographic jurisdiction of the
appointing law enforcement agency. Provides that a Tier II or Tier III
program graduate may exercise certain police powers outside the
jurisdiction of the appointing law enforcement agency if the appointing
law enforcement agency enters into an agreement with another law
enforcement agency that is authorized to employ a Tier II or Tier III
program graduate, or an entity that sets forth the extent of police
powers the law enforcement officer may exercise. Makes changes to
penalties for highway worksite violations. Increases the penalty for
criminal recklessness from a Class B to a Class A misdemeanor.
Provides that criminal recklessness is a: (1) Level 6 felony if the crime
is committed while armed with a deadly weapon or is committed while
operating a vehicle; (2) Level 5 felony if the person committed pointing
a firearm while committing aggressive driving; (3) Level 4 felony if the
crime is committed by shooting a firearm into a dwelling or other
building or place where people are likely to gather or the person
(Continued next page)
Effective:  July 1, 2025.
Bartels
January 8, 2025, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2025	IN 1186—LS 6611/DI 116 Digest Continued
commits aggressive driving that results in serious bodily injury to
another person; or (4) Level 3 felony if the crime is committed by
shooting a firearm into an occupied motor vehicle or the person
committed aggressive driving that results in the death or catastrophic
injury of another person. Provides that a Level 3, Level 4, or Level 5
felony of criminal recklessness is considered a serious violent felony
for purposes of unlawful possession of a firearm by a serious violent
felon. Adds a hospital police department to the definition of police
departments required to provide police officers with certain rights.
2025	IN 1186—LS 6611/DI 1162025	IN 1186—LS 6611/DI 116 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1186
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-1-9, AS AMENDED BY P.L.170-2023,
2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 9. (a) The board shall adopt in accordance with
4 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
5 The rules, which shall be adopted only after necessary and proper
6 investigation and inquiry by the board, shall include the establishment
7 of the following:
8 (1) A consistent and uniform statewide deadly force policy and
9 training program, that is consistent with state and federal law.
10 Upon adoption by the law enforcement training board, the policy
11 and training program must be implemented, without modification,
12 by all Indiana law enforcement agencies, offices, or departments.
13 (2) A consistent and uniform statewide defensive tactics policy
14 and training program, that is consistent with state and federal law.
15 Upon adoption by the law enforcement training board, the policy
2025	IN 1186—LS 6611/DI 116 2
1 and training program must be implemented, without modification,
2 by all Indiana law enforcement agencies, offices, or departments.
3 (3) A uniform statewide minimum standard for vehicle pursuits
4 consistent with state and federal law.
5 (4) Minimum standards of physical, educational, mental, and
6 moral fitness which shall govern the acceptance of any person for
7 training by any law enforcement training school or academy
8 meeting or exceeding the minimum standards established
9 pursuant to this chapter.
10 (5) Minimum standards for law enforcement training schools
11 administered by towns, cities, counties, law enforcement training
12 centers, agencies, or departments of the state.
13 (6) Minimum standards for courses of study, attendance
14 requirements, equipment, and facilities for approved town, city,
15 county, and state law enforcement officer, police reserve officer,
16 and conservation reserve officer training schools.
17 (7) Minimum standards for a course of study on cultural diversity
18 awareness, including training on the U nonimmigrant visa created
19 through the federal Victims of Trafficking and Violence
20 Protection Act of 2000 (P.L. 106-386) that must be required for
21 each person accepted for training at a law enforcement training
22 school or academy. Cultural diversity awareness study must
23 include an understanding of cultural issues related to race,
24 religion, gender, age, domestic violence, national origin, and
25 physical and mental disabilities.
26 (8) Minimum qualifications for instructors at approved law
27 enforcement training schools.
28 (9) Minimum basic training requirements which law enforcement
29 officers appointed to probationary terms shall complete before
30 being eligible for continued or permanent employment.
31 (10) Minimum basic training requirements which law
32 enforcement officers appointed on other than a permanent basis
33 shall complete in order to be eligible for continued employment
34 or permanent appointment.
35 (11) Minimum basic training requirements which law
36 enforcement officers appointed on a permanent basis shall
37 complete in order to be eligible for continued employment.
38 (12) Minimum basic training requirements for each person
39 accepted for training at a law enforcement training school or
40 academy that include six (6) hours of training in interacting with:
41 (A) persons with autism, mental illness, addictive disorders,
42 intellectual disabilities, and developmental disabilities;
2025	IN 1186—LS 6611/DI 116 3
1 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
2 and
3 (C) persons with Alzheimer's disease or related senile
4 dementia;
5 to be provided by persons approved by the secretary of family and
6 social services and the board. The training must include an
7 overview of the crisis intervention teams.
8 (13) Minimum standards for a course of study on human and
9 sexual trafficking that must be required for each person accepted
10 for training at a law enforcement training school or academy and
11 for inservice training programs for law enforcement officers. The
12 course must cover the following topics:
13 (A) Examination of the human and sexual trafficking laws (IC
14 35-42-3.5).
15 (B) Identification of human and sexual trafficking.
16 (C) Communicating with traumatized persons.
17 (D) Therapeutically appropriate investigative techniques.
18 (E) Collaboration with federal law enforcement officials.
19 (F) Rights of and protections afforded to victims.
20 (G) Providing documentation that satisfies the Declaration of
21 Law Enforcement Officer for Victim of Trafficking in Persons
22 (Form I-914, Supplement B) requirements established under
23 federal law.
24 (H) The availability of community resources to assist human
25 and sexual trafficking victims.
26 (14) Minimum standards for ongoing specialized, intensive, and
27 integrative training for persons responsible for investigating
28 sexual assault cases involving adult victims. This training must
29 include instruction on:
30 (A) the neurobiology of trauma;
31 (B) trauma informed interviewing; and
32 (C) investigative techniques.
33 (15) Minimum standards for de-escalation training. De-escalation
34 training shall be taught as a part of existing use-of-force training
35 and not as a separate topic.
36 (16) Minimum standards regarding best practices for crowd
37 control, protests, and First Amendment activities.
38 (17) Minimum standards for basic training and inservice training
39 programs, which may be completed online or by other means of
40 virtual instruction, that occur after December 31, 2024, and that
41 address the mental health and wellness of law enforcement
42 officers including:
2025	IN 1186—LS 6611/DI 116 4
1 (A) healthy coping skills to preserve the mental health of law
2 enforcement officers and manage the stress and trauma of
3 policing;
4 (B) recognizing:
5 (i) symptoms of posttraumatic stress disorder; and
6 (ii) signs of suicidal behavior; and
7 (C) information on mental health resources available for law
8 enforcement officers.
9 All statewide policies and minimum standards shall be documented in
10 writing and published on the Indiana law enforcement academy (ILEA)
11 website. Any policy, standard, or training program implemented,
12 adopted, or promulgated by a vote of the board may only subsequently
13 be modified or rescinded by a two-thirds (2/3) majority vote of the
14 board.
15 (b) A law enforcement officer appointed after July 5, 1972, and
16 before July 1, 1993, may not enforce the laws or ordinances of the state
17 or any political subdivision unless the officer has, within one (1) year
18 from the date of appointment, successfully completed the minimum
19 basic training requirements established under this chapter by the board.
20 If a person fails to successfully complete the basic training
21 requirements within one (1) year from the date of employment, the
22 officer may not perform any of the duties of a law enforcement officer
23 involving control or direction of members of the public or exercising
24 the power of arrest until the officer has successfully completed the
25 training requirements. This subsection does not apply to any law
26 enforcement officer appointed before July 6, 1972, or after June 30,
27 1993.
28 (c) Military leave or other authorized leave of absence from law
29 enforcement duty during the first year of employment after July 6,
30 1972, shall toll the running of the first year, which shall be calculated
31 by the aggregate of the time before and after the leave, for the purposes
32 of this chapter.
33 (d) Except as provided in subsections (e), (m), (t), and (u), a law
34 enforcement officer appointed to a law enforcement department or
35 agency after June 30, 1993, may not:
36 (1) make an arrest;
37 (2) conduct a search or a seizure of a person or property; or
38 (3) carry a firearm;
39 unless the law enforcement officer successfully completes, at a board
40 certified law enforcement academy or at a law enforcement training
41 center under section 10.5 or 15.2 of this chapter, the basic training
42 requirements established by the board under this chapter.
2025	IN 1186—LS 6611/DI 116 5
1 (e) This subsection does not apply to:
2 (1) a gaming agent employed as a law enforcement officer by the
3 Indiana gaming commission; or
4 (2) an:
5 (A) attorney; or
6 (B) investigator;
7 designated by the securities commissioner as a police officer of
8 the state under IC 23-19-6-1(k).
9 Before a law enforcement officer appointed after June 30, 1993,
10 completes the basic training requirements, the law enforcement officer
11 may exercise the police powers described in subsection (d) if the
12 officer successfully completes the pre-basic course established in
13 subsection (f). Successful completion of the pre-basic course authorizes
14 a law enforcement officer to exercise the police powers described in
15 subsection (d) for one (1) year after the date the law enforcement
16 officer is appointed.
17 (f) The board shall adopt rules under IC 4-22-2 to establish a
18 pre-basic course for the purpose of training:
19 (1) law enforcement officers;
20 (2) police reserve officers (as described in IC 36-8-3-20); and
21 (3) conservation reserve officers (as described in IC 14-9-8-27);
22 regarding the subjects of arrest, search and seizure, the lawful use of
23 force, de-escalation training, interacting with individuals with autism,
24 and the operation of an emergency vehicle. The pre-basic course must
25 be offered on a periodic basis throughout the year at regional sites
26 statewide. The pre-basic course must consist of at least forty (40) hours
27 of course work. The board may prepare the classroom part of the
28 pre-basic course using available technology in conjunction with live
29 instruction. The board shall provide the course material, the instructors,
30 and the facilities at the regional sites throughout the state that are used
31 for the pre-basic course. In addition, the board may certify pre-basic
32 courses that may be conducted by other public or private training
33 entities, including postsecondary educational institutions.
34 (g) Subject to subsection (h), the board shall adopt rules under
35 IC 4-22-2 to establish a mandatory inservice training program for
36 police officers and police reserve officers (as described in
37 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
38 satisfactorily completed basic training and has been appointed to a law
39 enforcement department or agency on either a full-time or part-time
40 basis is not eligible for continued employment unless the officer
41 satisfactorily completes the mandatory inservice training requirements
42 established by rules adopted by the board. Inservice training must
2025	IN 1186—LS 6611/DI 116 6
1 include de-escalation training. Inservice training must also include:
2 (1) training:
3 (A) in interacting with persons with mental illness, addictive
4 disorders, intellectual disabilities, autism, developmental
5 disabilities, and Alzheimer's disease or related senile
6 dementia; and
7 (B) provided by persons approved by the secretary of family
8 and social services and the board;
9 (2) after December 31, 2024, annual training, which may be
10 completed online or by other means of virtual instruction, that
11 addresses the mental health and wellness of law enforcement
12 officers including:
13 (A) healthy coping skills to preserve the mental health of law
14 enforcement officers and manage the stress and trauma of
15 policing;
16 (B) recognizing:
17 (i) symptoms of posttraumatic stress disorder; and
18 (ii) signs of suicidal behavior; and
19 (C) information on mental health resources available for law
20 enforcement officers; and
21 (3) training concerning:
22 (A) human and sexual trafficking; and
23 (B) high risk missing persons (as defined in IC 5-2-17-1).
24 The board may approve courses offered by other public or private
25 training entities, including postsecondary educational institutions, as
26 necessary in order to ensure the availability of an adequate number of
27 inservice training programs. The board may waive an officer's inservice
28 training requirements if the board determines that the officer's reason
29 for lacking the required amount of inservice training hours is due to
30 either an emergency situation or the unavailability of courses.
31 (h) This subsection applies only to a mandatory inservice training
32 program under subsection (g). Notwithstanding subsection (g), the
33 board may, without adopting rules under IC 4-22-2, modify the course
34 work of a training subject matter, modify the number of hours of
35 training required within a particular subject matter, or add a new
36 subject matter, if the board satisfies the following requirements:
37 (1) The board must conduct at least two (2) public meetings on
38 the proposed modification or addition.
39 (2) After approving the modification or addition at a public
40 meeting, the board must post notice of the modification or
41 addition on the Indiana law enforcement academy's website at
42 least thirty (30) days before the modification or addition takes
2025	IN 1186—LS 6611/DI 116 7
1 effect.
2 If the board does not satisfy the requirements of this subsection, the
3 modification or addition is void. This subsection does not authorize the
4 board to eliminate any inservice training subject matter required under
5 subsection (g).
6 (i) The board shall also adopt rules establishing a town marshal and
7 conservancy district marshal basic training program (Tier II
8 program), subject to the following:
9 (1) The program must require fewer hours of instruction and class
10 attendance and fewer courses of study than are required for the
11 mandated basic training program.
12 (2) Certain parts of the course materials may be studied by a
13 candidate at the candidate's home in order to fulfill requirements
14 of the program.
15 (3) Law enforcement officers successfully completing the
16 requirements of the program are eligible for appointment only in
17 towns employing the town marshal system (IC 36-5-7) or a
18 conservancy district that employs a conservancy district marshal
19 under IC 14-33-25 and having not more than one (1) marshal and
20 six (6) deputies. Except as otherwise provided in subsection (e)
21 or IC 10-10.5-5-6, the law enforcement officer may exercise
22 police powers described in subsection (d) only when the law
23 enforcement officer is performing the law enforcement
24 officer's duties as a town marshal or conservancy district
25 marshal.
26 (4) The limitation imposed by subdivision (3) does not apply to an
27 officer who has successfully completed the mandated basic
28 training program.
29 (5) The time limitations imposed by subsections (b) and (c) for
30 completing the training are also applicable to the marshal basic
31 training program.
32 (6) The program must require training in interacting with
33 individuals with autism.
34 (j) The board shall adopt rules under IC 4-22-2 to establish an
35 executive training program. The executive training program must
36 include training in the following areas:
37 (1) Liability.
38 (2) Media relations.
39 (3) Accounting and administration.
40 (4) Discipline.
41 (5) Department policy making.
42 (6) Lawful use of force and de-escalation training.
2025	IN 1186—LS 6611/DI 116 8
1 (7) Department programs.
2 (8) Emergency vehicle operation.
3 (9) Cultural diversity.
4 (10) After December 31, 2024, mental health and wellness and
5 suicide prevention of law enforcement officers. The training
6 requirement under this subdivision may be provided as part of an
7 online course or by other means of virtual instruction.
8 (k) A police chief shall apply for admission to the executive training
9 program within two (2) months of the date the police chief initially
10 takes office. A police chief must successfully complete the executive
11 training program within six (6) months of the date the police chief
12 initially takes office. However, if space in the executive training
13 program is not available at a time that will allow completion of the
14 executive training program within six (6) months of the date the police
15 chief initially takes office, the police chief must successfully complete
16 the next available executive training program that is offered after the
17 police chief initially takes office.
18 (l) A police chief who fails to comply with subsection (k) may not
19 continue to serve as the police chief until completion of the executive
20 training program. For the purposes of this subsection and subsection
21 (k), "police chief" refers to:
22 (1) the police chief of any city;
23 (2) the police chief of any town having a metropolitan police
24 department; and
25 (3) the chief of a consolidated law enforcement department
26 established under IC 36-3-1-5.1.
27 A town marshal or a conservancy district marshal is not considered to
28 be a police chief for these purposes, but a town marshal or a
29 conservancy district marshal may enroll in the executive training
30 program.
31 (m) A fire investigator in the department of homeland security
32 appointed after December 31, 1993, is required to comply with the
33 basic training standards established under this chapter.
34 (n) The board shall adopt rules under IC 4-22-2 to establish a
35 program to certify handgun safety courses, including courses offered
36 in the private sector, that meet standards approved by the board for
37 training probation officers in handgun safety as required by
38 IC 11-13-1-3.5(2).
39 (o) The board shall adopt rules under IC 4-22-2 to establish a
40 refresher course for an officer who:
41 (1) is hired by an Indiana law enforcement department or agency
42 as a law enforcement officer;
2025	IN 1186—LS 6611/DI 116 9
1 (2) has not been employed as a law enforcement officer for:
2 (A) at least two (2) years; and
3 (B) less than six (6) years before the officer is hired under
4 subdivision (1); and
5 (3) completed at any time a basic training course certified or
6 recognized by the board before the officer is hired under
7 subdivision (1).
8 (p) An officer to whom subsection (o) applies must successfully
9 complete the refresher course described in subsection (o) not later than
10 six (6) months after the officer's date of hire, or the officer loses the
11 officer's powers of:
12 (1) arrest;
13 (2) search; and
14 (3) seizure.
15 (q) The board shall adopt rules under IC 4-22-2 to establish a
16 refresher course for an officer who:
17 (1) is appointed by an Indiana law enforcement department or
18 agency as a reserve police officer; and
19 (2) has not worked as a reserve police officer for at least two (2)
20 years after:
21 (A) completing the pre-basic course; or
22 (B) leaving the individual's last appointment as a reserve
23 police officer.
24 An officer to whom this subsection applies must successfully complete
25 the refresher course established by the board in order to work as a
26 reserve police officer.
27 (r) This subsection applies to an individual who, at the time the
28 individual completes a board certified or recognized basic training
29 course, has not been appointed as a law enforcement officer by an
30 Indiana law enforcement department or agency. If the individual is not
31 employed as a law enforcement officer for at least two (2) years after
32 completing the basic training course, the individual must successfully
33 retake and complete the basic training course as set forth in subsection
34 (d).
35 (s) The board shall adopt rules under IC 4-22-2 to establish a
36 refresher course for an individual who:
37 (1) is appointed as a board certified instructor of law enforcement
38 training; and
39 (2) has not provided law enforcement training instruction for
40 more than one (1) year after the date the individual's instructor
41 certification expired.
42 An individual to whom this subsection applies must successfully
2025	IN 1186—LS 6611/DI 116 10
1 complete the refresher course established by the board in order to
2 renew the individual's instructor certification.
3 (t) This subsection applies only to a gaming agent employed as a
4 law enforcement officer by the Indiana gaming commission. A gaming
5 agent appointed after June 30, 2005, may exercise the police powers
6 described in subsection (d) if:
7 (1) the agent successfully completes the pre-basic course
8 established in subsection (f); and
9 (2) the agent successfully completes any other training courses
10 established by the Indiana gaming commission in conjunction
11 with the board.
12 (u) This subsection applies only to a securities enforcement officer
13 designated as a law enforcement officer by the securities
14 commissioner. A securities enforcement officer may exercise the police
15 powers described in subsection (d) if:
16 (1) the securities enforcement officer successfully completes the
17 pre-basic course established in subsection (f); and
18 (2) the securities enforcement officer successfully completes any
19 other training courses established by the securities commissioner
20 in conjunction with the board.
21 (v) This subsection applies only to a correctional police officer
22 employed by the department of correction. A correctional police officer
23 may exercise the police powers described in subsection (d) if:
24 (1) the officer successfully completes the pre-basic course
25 described in subsection (f); and
26 (2) the officer successfully completes any other training courses
27 established by the department of correction in conjunction with
28 the board.
29 (w) This subsection applies only to the sexual assault training
30 described in subsection (a)(14). The board shall:
31 (1) consult with experts on the neurobiology of trauma, trauma
32 informed interviewing, and investigative techniques in developing
33 the sexual assault training; and
34 (2) develop the sexual assault training and begin offering the
35 training not later than July 1, 2022.
36 (x) After July 1, 2023, a law enforcement officer who regularly
37 investigates sexual assaults involving adult victims must complete the
38 training requirements described in subsection (a)(14) within one (1)
39 year of being assigned to regularly investigate sexual assaults involving
40 adult victims.
41 (y) A law enforcement officer who regularly investigates sexual
42 assaults involving adult victims may complete the training
2025	IN 1186—LS 6611/DI 116 11
1 requirements described in subsection (a)(14) by attending a:
2 (1) statewide or national training; or
3 (2) department hosted local training.
4 (z) Notwithstanding any other provisions of this section, the board
5 is authorized to establish certain required standards of training and
6 procedure.
7 SECTION 2. IC 5-10-10-4, AS AMENDED BY P.L.119-2022,
8 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 4. As used in this chapter, "public safety officer"
10 means any of the following:
11 (1) A state police officer.
12 (2) A county sheriff.
13 (3) A county police officer.
14 (4) A correctional officer. correctional professional, which
15 includes a correctional officer, correctional police officer, or
16 any employee of the department of correction.
17 (5) An excise police officer.
18 (6) A county police reserve officer.
19 (7) A city or town police reserve officer.
20 (8) A conservation enforcement officer.
21 (9) A town marshal.
22 (10) A deputy town marshal.
23 (11) A probation officer.
24 (12) A state educational institution police officer appointed under
25 IC 21-39-4.
26 (13) A police officer whose employer purchases coverage under
27 section 4.5 of this chapter.
28 (14) An emergency medical services provider (as defined in
29 IC 16-41-10-1) who is:
30 (A) employed by a political subdivision (as defined in
31 IC 36-1-2-13); and
32 (B) not eligible for a special death benefit under IC 36-8-6-20,
33 IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20.
34 (15) A firefighter who is employed by the fire department of a
35 state university.
36 (16) A firefighter whose employer purchases coverage under
37 section 4.5 of this chapter.
38 (17) A member of a consolidated law enforcement department
39 established under IC 36-3-1-5.1.
40 (18) A gaming agent of the Indiana gaming commission.
41 (19) A person who is:
42 (A) employed by a political subdivision (as defined in
2025	IN 1186—LS 6611/DI 116 12
1 IC 36-1-2-13); and
2 (B) appointed as a special deputy under IC 36-8-10-10.6.
3 (20) A school corporation police officer appointed under
4 IC 20-26-16.
5 (21) A gaming control officer of the Indiana gaming commission.
6 (22) An eligible chaplain who meets the requirements of section
7 4.7 of this chapter.
8 (23) A community corrections officer.
9 (24) An eligible emergency medical services provider who meets
10 the requirements of section 4.8 of this chapter.
11 (25) An emergency medical services provider whose employer
12 purchases coverage under section 4.9 of this chapter.
13 (26) An emergency management worker (as defined in
14 IC 10-14-3-3), including:
15 (A) an employee of the Indiana department of homeland
16 security who is working in an official capacity as an employee
17 during a disaster or an emergency response; or
18 (B) an employee of a political subdivision who is employed as:
19 (i) an emergency management director;
20 (ii) an assistant emergency management director; or
21 (iii) a deputy emergency management director;
22 for the political subdivision.
23 (27) A division fire investigator (as described in IC 22-14-2-8).
24 (28) A school resource officer (as defined in IC 20-26-18.2-1)
25 who is not otherwise entitled to a line of duty benefit under:
26 (A) IC 36-8-6-20;
27 (B) IC 36-8-7.5-22; or
28 (C) IC 36-8-8-20;
29 while acting as a school resource officer.
30 (29) A county coroner.
31 (30) A deputy county coroner.
32 SECTION 3. IC 5-10-13-2, AS AMENDED BY P.L.178-2022(ts),
33 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 2. As used in this chapter, "employee" means an
35 individual who:
36 (1) is employed full time by the state or a political subdivision of
37 the state as:
38 (A) a member of a fire department (as defined in IC 36-8-1-8);
39 (B) an emergency medical services provider (as defined in
40 IC 16-41-10-1);
41 (C) a member of a police department (as defined in
42 IC 36-8-1-9);
2025	IN 1186—LS 6611/DI 116 13
1 (D) a correctional officer (as defined in IC 5-10-10-1.5);
2 correctional professional, which includes a correctional
3 officer (as defined in IC 5-10-10-1.5), correctional police
4 officer, or any employee of the department of correction;
5 (E) a state police officer;
6 (F) a county police officer;
7 (G) a county sheriff;
8 (H) an excise police officer;
9 (I) a conservation enforcement officer;
10 (J) a town marshal;
11 (K) a deputy town marshal;
12 (L) a department of homeland security fire investigator;
13 (M) a member of a consolidated law enforcement department
14 established under IC 36-3-1-5.1;
15 (N) a county coroner; or
16 (O) a deputy county coroner;
17 (2) in the course of the individual's employment is at high risk for
18 occupational exposure to an exposure risk disease; and
19 (3) is not employed elsewhere in a similar capacity.
20 SECTION 4. IC 9-21-8-56, AS AMENDED BY P.L.120-2023,
21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 56. (a) For purposes of this section, "highway
23 worksite" has the meaning set forth in IC 8-23-2-15.
24 (b) Except as provided in subsections (f) through (h), a person who
25 recklessly operates a vehicle in the immediate vicinity of a highway
26 worksite when workers are present commits a Class A misdemeanor.
27 (c) Except as provided in subsections (f) through (h), a person who
28 knowingly or intentionally operates a motor vehicle in the immediate
29 vicinity of a highway worksite when workers are present with the intent
30 to:
31 (1) damage traffic control devices; or
32 (2) inflict bodily injury on a worker;
33 commits a Class A misdemeanor. Level 5 felony.
34 (d) Except as provided in subsections (f) through (h), a person who
35 knowingly, intentionally, or recklessly engages in:
36 (1) aggressive driving, as defined in section 55 of this chapter; or
37 (2) a speed contest, as prohibited under IC 9-21-6-1;
38 in the immediate vicinity of a highway worksite when workers are
39 present commits a Class A misdemeanor. Level 6 felony.
40 (e) Except as provided in subsections (f) through (h), a person who
41 recklessly fails to obey a traffic control device or flagman, as
42 prohibited under section 41 of this chapter, in the immediate vicinity
2025	IN 1186—LS 6611/DI 116 14
1 of a highway worksite when workers are present commits a Class A
2 misdemeanor.
3 (f) An offense under subsection (b) (c), (d), or (e) is a Level 6 felony
4 if the person who commits the offense
5 (1) has a prior unrelated conviction under this section in the
6 previous five (5) years; or
7 (2) is operating the vehicle in violation of IC 9-30-5-1 or
8 IC 9-30-5-2.
9 (g) An offense under subsection (b), (c), (d), or (e) is a Level 6
10 Level 5 felony if the offense results in bodily injury to a worker in the
11 worksite.
12 (h) An offense under subsection (b), (c), (d), or (e) is a Level 5
13 Level 4 felony if the offense results in the death of a worker in the
14 worksite.
15 (i) A person who knowingly, intentionally, or recklessly engages in
16 an act described in section 55(b)(1), 55(b)(2), 55(b)(3), 55(b)(4),
17 55(b)(5), or 55(b)(6) of this chapter in the immediate vicinity of a
18 highway worksite when workers are present commits a Class B Class
19 A infraction. Notwithstanding IC 34-28-5-5(c), the funds collected as
20 judgments for an infraction under this subsection shall be transferred
21 to the Indiana department of transportation to pay the costs of hiring off
22 duty police officers to perform the duties described in IC 8-23-2-15(b).
23 SECTION 5. IC 10-10.5-5 IS ADDED TO THE INDIANA CODE
24 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]:
26 Chapter 5. Limitations of Police Powers for Certain Law
27 Enforcement Officers
28 Sec. 1. This chapter applies only to a law enforcement officer
29 who has:
30 (1) completed:
31 (A) either the Tier II or Tier III program basic training
32 requirements established by the board; or
33 (B) the pre-basic course established under IC 5-2-1-9(f)
34 and will complete the Tier II or Tier III program basic
35 training requirements within one (1) year from the date
36 the law enforcement officer is appointed; and
37 (2) not completed the Tier I program basic training
38 requirements established by the board or who is a Tier II
39 program graduate who will not successfully complete the Tier
40 I program established by the board within one (1) year of the
41 date the law enforcement officer is appointed to a law
42 enforcement agency that requires a law enforcement officer
2025	IN 1186—LS 6611/DI 116 15
1 to successfully complete a Tier I program in accordance with
2 250 IAC 2-4-1(4).
3 Sec. 2. As used in this chapter, "board" has the meaning set
4 forth in IC 5-2-1-2(2).
5 Sec. 3. As used in this chapter, "law enforcement agency" has
6 the meaning set forth in IC 5-2-1-2(8).
7 Sec. 4. As used in this chapter, "law enforcement officer" has
8 the meaning set forth in IC 5-2-1-2(1).
9 Sec. 5. As used in this chapter, "police powers" refers to a law
10 enforcement officer's authority described in IC 5-2-1-9(d).
11 Sec. 6. (a) Notwithstanding any other law and except as
12 provided in subsection (b), a law enforcement officer may exercise
13 police powers only when the law enforcement officer is carrying
14 out the duties of the law enforcement agency that appointed the
15 law enforcement officer within the geographic jurisdiction of the
16 appointing law enforcement agency unless the law enforcement
17 officer is engaging in the:
18 (1) pursuit;
19 (2) apprehension;
20 (3) arrest;
21 (4) search; or
22 (5) investigation;
23 of an individual outside of the geographic jurisdiction of the
24 appointing law enforcement agency for a violation of a law that
25 occurred within the geographic jurisdiction of the appointing law
26 enforcement agency.
27 (b) The appointing law enforcement agency may exercise police
28 powers on behalf of another law enforcement agency or entity only
29 if:
30 (1) the other law enforcement agency is authorized to appoint
31 Tier II or Tier III program graduates; and
32 (2) the appointing law enforcement agency enters into an
33 agreement with the other law enforcement agency or entity
34 that sets forth the extent of police powers the law enforcement
35 officer may exercise.
36 SECTION 6. IC 14-33-25-3, AS ADDED BY P.L.122-2023,
37 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 3. The district marshal is the chief police officer
39 of the district and, except as otherwise provided in IC 10-10.5-5-6,
40 has the powers of other law enforcement officers in enforcing laws.
41 The district marshal or the district marshal's deputy:
42 (1) shall arrest without process all persons who commit an offense
2025	IN 1186—LS 6611/DI 116 16
1 within the district marshal's or deputy's view, take them before a
2 court having jurisdiction, and detain them in custody until the
3 cause of the arrest has been investigated;
4 (2) shall suppress breaches of the peace;
5 (3) may execute search warrants and arrest warrants; and
6 (4) may pursue and jail persons who commit an offense.
7 SECTION 7. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
8 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 185. (a) "Law enforcement officer", except as
10 otherwise limited under IC 10-10.5-5-6, means:
11 (1) a police officer (including a tribal police officer, a correctional
12 police officer, and a hospital police officer employed by a hospital
13 police department established under IC 16-18-4), sheriff,
14 constable, marshal, prosecuting attorney, special prosecuting
15 attorney, special deputy prosecuting attorney, the securities
16 commissioner, or the inspector general;
17 (2) a deputy of any of those persons;
18 (3) an investigator for a prosecuting attorney or for the inspector
19 general;
20 (4) a conservation officer;
21 (5) an enforcement officer of the alcohol and tobacco
22 commission;
23 (6) an enforcement officer of the securities division of the office
24 of the secretary of state; or
25 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
26 control officer employed by the gaming control division under
27 IC 4-33-20.
28 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
29 includes an alcoholic beverage enforcement officer, as set forth in
30 IC 35-42-2-1.
31 (c) "Law enforcement officer", for purposes of IC 35-45-15,
32 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
33 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
34 IC 35-44.1-3-2, includes a school resource officer (as defined in
35 IC 20-26-18.2-1) and a school corporation police officer appointed
36 under IC 20-26-16.
37 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
38 meaning set forth in IC 35-40.5-1-1.
39 SECTION 8. IC 35-42-2-2, AS AMENDED BY P.L.184-2019,
40 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 2. (a) A person who recklessly, knowingly, or
42 intentionally performs an act that creates a substantial risk of bodily
2025	IN 1186—LS 6611/DI 116 17
1 injury to another person commits criminal recklessness. Except as
2 provided in subsection (b), criminal recklessness is a Class B Class A
3 misdemeanor.
4 (b) The offense of criminal recklessness as defined in subsection (a)
5 is:
6 (1) a Level 6 felony if:
7 (A) it is committed while armed with a deadly weapon; or
8 (B) the person committed aggressive driving (as defined in
9 IC 9-21-8-55) that results in serious bodily injury to another
10 person; or
11 (B) it is committed while operating a vehicle;
12 (2) a Level 5 felony if the person committed pointing a firearm
13 in violation of IC 35-47-4-3 while committing aggressive
14 driving (as defined in IC 9-21-8-55);
15 (2) (3) a Level 5 Level 4 felony if:
16 (A) it is committed by shooting a firearm into an inhabited a
17 dwelling or other building or place where people are likely to
18 gather; or
19 (B) the person committed aggressive driving (as defined in
20 IC 9-21-8-55) that results in serious bodily injury to
21 another person; or
22 (4) a Level 3 felony if:
23 (A) it is committed by shooting a firearm into an occupied
24 motor vehicle; or
25 (B) the person committed aggressive driving (as defined in
26 IC 9-21-8-55) that results in the death or catastrophic injury of
27 another person.
28 SECTION 9. IC 35-47-4-5, AS AMENDED BY THE TECHNICAL
29 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
30 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
31 Sec. 5. (a) As used in this section, "serious violent felon" means a
32 person who has been convicted of committing a serious violent felony.
33 (b) As used in this section, "serious violent felony" means:
34 (1) murder (IC 35-42-1-1);
35 (2) attempted murder (IC 35-41-5-1);
36 (3) voluntary manslaughter (IC 35-42-1-3);
37 (4) reckless homicide not committed by means of a vehicle (IC
38 35-42-1-5);
39 (5) battery (IC 35-42-2-1) as a:
40 (A) Class A felony, Class B felony, or Class C felony, for a
41 crime committed before July 1, 2014; or
42 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
2025	IN 1186—LS 6611/DI 116 18
1 felony, for a crime committed after June 30, 2014;
2 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
3 3 felony, Level 4 felony, or Level 5 felony;
4 (7) aggravated battery (IC 35-42-2-1.5);
5 (8) strangulation (IC 35-42-2-9);
6 (9) kidnapping (IC 35-42-3-2);
7 (10) criminal confinement (IC 35-42-3-3);
8 (11) a human or sexual trafficking offense under IC 35-42-3.5;
9 (12) rape (IC 35-42-4-1);
10 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
11 (14) child molesting (IC 35-42-4-3);
12 (15) sexual battery (IC 35-42-4-8) as a:
13 (A) Class C felony, for a crime committed before July 1, 2014;
14 or
15 (B) Level 5 felony, for a crime committed after June 30, 2014;
16 (16) robbery (IC 35-42-5-1);
17 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
18 (18) arson (IC 35-43-1-1(a)) as a:
19 (A) Class A felony or Class B felony, for a crime committed
20 before July 1, 2014; or
21 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
22 crime committed after June 30, 2014;
23 (19) burglary (IC 35-43-2-1) as a:
24 (A) Class A felony or Class B felony, for a crime committed
25 before July 1, 2014; or
26 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
27 felony, for a crime committed after June 30, 2014;
28 (20) assisting a criminal (IC 35-44.1-2-5) as a:
29 (A) Class C felony, for a crime committed before July 1, 2014;
30 or
31 (B) Level 5 felony, for a crime committed after June 30, 2014;
32 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
33 (A) Class B felony or Class C felony, for a crime committed
34 before July 1, 2014; or
35 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
36 crime committed after June 30, 2014;
37 (22) escape (IC 35-44.1-3-4) as a:
38 (A) Class B felony or Class C felony, for a crime committed
39 before July 1, 2014; or
40 (B) Level 4 felony or Level 5 felony, for a crime committed
41 after June 30, 2014;
42 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
2025	IN 1186—LS 6611/DI 116 19
1 (A) Class C felony, for a crime committed before July 1, 2014;
2 or
3 (B) Level 5 felony, for a crime committed after June 30, 2014;
4 (24) criminal organization intimidation (IC 35-45-9-4);
5 (25) stalking (IC 35-45-10-5) as a:
6 (A) Class B felony or Class C felony, for a crime committed
7 before July 1, 2014; or
8 (B) Level 4 felony or Level 5 felony, for a crime committed
9 after June 30, 2014;
10 (26) incest (IC 35-46-1-3);
11 (27) dealing in or manufacturing cocaine or a narcotic drug (IC
12 35-48-4-1);
13 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
14 manufacturing methamphetamine (IC 35-48-4-1.2);
15 (29) dealing in a schedule I, II, or III controlled substance (IC
16 35-48-4-2);
17 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
18 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
19 or
20 (32) dealing in a controlled substance resulting in death (IC
21 35-42-1-1.5); or
22 (33) criminal recklessness (IC 35-42-2-2) as a Level 3 felony,
23 Level 4 felony, or Level 5 felony, for a crime committed after
24 June 30, 2025.
25 (c) A serious violent felon who knowingly or intentionally possesses
26 a firearm commits unlawful possession of a firearm by a serious violent
27 felon, a Level 4 felony.
28 SECTION 10. IC 36-5-7-4, AS AMENDED BY P.L.127-2017,
29 SECTION 152, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2025]: Sec. 4. The marshal is the chief police
31 officer of the town and, except as otherwise provided in
32 IC 10-10.5-5-6, has the powers of other law enforcement officers in
33 executing the orders of the legislative body and enforcing laws. The
34 marshal or the marshal's deputy:
35 (1) shall serve all process directed to the marshal or deputy by the
36 town court or legislative body;
37 (2) shall arrest without process all persons who commit an offense
38 within the marshal's or deputy's view, take them before a court
39 having jurisdiction, and detain them in custody until the cause of
40 the arrest has been investigated;
41 (3) shall suppress breaches of the peace;
42 (4) may, if necessary, call the power of the town to the marshal's
2025	IN 1186—LS 6611/DI 116 20
1 or deputy's aid;
2 (5) may execute search warrants and arrest warrants; and
3 (6) may pursue and jail persons who commit an offense.
4 SECTION 11. IC 36-8-2.1-3, AS ADDED BY P.L.271-2019,
5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 3. As used in this chapter, "police department"
7 means a police department established by:
8 (1) a county;
9 (2) a city;
10 (3) a town;
11 (4) the state;
12 (5) a school corporation (as described under IC 20-26-16); or
13 (6) a postsecondary educational institution (as described under
14 IC 21-17-5-2 or IC 21-39-4-2); or
15 (7) a hospital under IC 16-18-4.
2025	IN 1186—LS 6611/DI 116