Indiana House Bill HB1186 Comm Sub / Bill

                    *HB1186.1*
January 30, 2025
HOUSE BILL No. 1186
_____
DIGEST OF HB 1186 (Updated January 30, 2025 10:34 am - DI 116)
Citations Affected:  IC 5-2; IC 5-10; IC 9-21; IC 10-10.5; IC 14-9;
IC 14-33; IC 20-26; IC 35-31.5; IC 35-42; IC 35-47; IC 36-5; IC 36-8.
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, with certain
exceptions, that a law enforcement officer, including a constable,
school resource officer, special deputy, or reserve officer, who has
completed a pre-basic course but who has not completed Tier I or Tier
II basic training requirements may not exercise police powers outside
the jurisdiction of the appointing law enforcement agency. Provides
that a school resource officer who has completed Tier I or Tier II basic
training has statewide jurisdiction. Provides that all deputies, excluding
reserve deputies, employed by the Marion County sheriff's office on
July 1, 2025, shall be certified by the law enforcement training board
as Tier I law enforcement officers. Provides that, after June 30, 2025,
the Indiana law enforcement academy located in Plainfield, Indiana,
shall admit individuals hired by the Marion County sheriff's office in
the same manner and proportion as other law enforcement agencies
provided that the individuals are hired as full-time employees of the
Marion County sheriff's office. 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
(Continued next page)
Effective:  July 1, 2025.
Bartels, Commons
January 8, 2025, read first time and referred to Committee on Veterans Affairs and Public
Safety.
January 30, 2025, amended, reported — Do Pass. Referred to Committee on Courts and
Criminal Code pursuant to Rule 126.3.
HB 1186—LS 6611/DI 116 Digest Continued
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 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. Makes changes to the definition of a "serious violent
felony" to include the operation of a motor vehicle in the immediate
vicinity of a highway worksite when workers are present with the intent
to inflict bodily injury on a worker. Adds a hospital police department
to the definition of police departments required to provide police
officers with certain rights. 
HB 1186—LS 6611/DI 116HB 1186—LS 6611/DI 116 January 30, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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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
HB 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;
HB 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:
HB 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.
HB 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), subject to
12 the limitations provided in IC 10-10.5-5, if the officer successfully
13 completes the pre-basic course established in subsection (f). Successful
14 completion of the pre-basic course authorizes a law enforcement officer
15 to exercise the police powers described in subsection (d) for one (1)
16 year after the date the law enforcement 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
HB 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
HB 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, subject to the
8 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.
21 (4) The limitation imposed by subdivision (3) does not apply to an
22 officer who has successfully completed the mandated basic
23 training program.
24 (5) The time limitations imposed by subsections (b) and (c) for
25 completing the training are also applicable to the marshal basic
26 training program.
27 (6) The program must require training in interacting with
28 individuals with autism.
29 (j) The board shall adopt rules under IC 4-22-2 to establish an
30 executive training program. The executive training program must
31 include training in the following areas:
32 (1) Liability.
33 (2) Media relations.
34 (3) Accounting and administration.
35 (4) Discipline.
36 (5) Department policy making.
37 (6) Lawful use of force and de-escalation training.
38 (7) Department programs.
39 (8) Emergency vehicle operation.
40 (9) Cultural diversity.
41 (10) After December 31, 2024, mental health and wellness and
42 suicide prevention of law enforcement officers. The training
HB 1186—LS 6611/DI 116 8
1 requirement under this subdivision may be provided as part of an
2 online course or by other means of virtual instruction.
3 (k) A police chief shall apply for admission to the executive training
4 program within two (2) months of the date the police chief initially
5 takes office. A police chief must successfully complete the executive
6 training program within six (6) months of the date the police chief
7 initially takes office. However, if space in the executive training
8 program is not available at a time that will allow completion of the
9 executive training program within six (6) months of the date the police
10 chief initially takes office, the police chief must successfully complete
11 the next available executive training program that is offered after the
12 police chief initially takes office.
13 (l) A police chief who fails to comply with subsection (k) may not
14 continue to serve as the police chief until completion of the executive
15 training program. For the purposes of this subsection and subsection
16 (k), "police chief" refers to:
17 (1) the police chief of any city;
18 (2) the police chief of any town having a metropolitan police
19 department; and
20 (3) the chief of a consolidated law enforcement department
21 established under IC 36-3-1-5.1.
22 A town marshal or a conservancy district marshal is not considered to
23 be a police chief for these purposes, but a town marshal or a
24 conservancy district marshal may enroll in the executive training
25 program.
26 (m) A fire investigator in the department of homeland security
27 appointed after December 31, 1993, is required to comply with the
28 basic training standards established under this chapter.
29 (n) The board shall adopt rules under IC 4-22-2 to establish a
30 program to certify handgun safety courses, including courses offered
31 in the private sector, that meet standards approved by the board for
32 training probation officers in handgun safety as required by
33 IC 11-13-1-3.5(2).
34 (o) The board shall adopt rules under IC 4-22-2 to establish a
35 refresher course for an officer who:
36 (1) is hired by an Indiana law enforcement department or agency
37 as a law enforcement officer;
38 (2) has not been employed as a law enforcement officer for:
39 (A) at least two (2) years; and
40 (B) less than six (6) years before the officer is hired under
41 subdivision (1); and
42 (3) completed at any time a basic training course certified or
HB 1186—LS 6611/DI 116 9
1 recognized by the board before the officer is hired under
2 subdivision (1).
3 (p) An officer to whom subsection (o) applies must successfully
4 complete the refresher course described in subsection (o) not later than
5 six (6) months after the officer's date of hire, or the officer loses the
6 officer's powers of:
7 (1) arrest;
8 (2) search; and
9 (3) seizure.
10 (q) The board shall adopt rules under IC 4-22-2 to establish a
11 refresher course for an officer who:
12 (1) is appointed by an Indiana law enforcement department or
13 agency as a reserve police officer; and
14 (2) has not worked as a reserve police officer for at least two (2)
15 years after:
16 (A) completing the pre-basic course; or
17 (B) leaving the individual's last appointment as a reserve
18 police officer.
19 An officer to whom this subsection applies must successfully complete
20 the refresher course established by the board in order to work as a
21 reserve police officer.
22 (r) This subsection applies to an individual who, at the time the
23 individual completes a board certified or recognized basic training
24 course, has not been appointed as a law enforcement officer by an
25 Indiana law enforcement department or agency. If the individual is not
26 employed as a law enforcement officer for at least two (2) years after
27 completing the basic training course, the individual must successfully
28 retake and complete the basic training course as set forth in subsection
29 (d).
30 (s) The board shall adopt rules under IC 4-22-2 to establish a
31 refresher course for an individual who:
32 (1) is appointed as a board certified instructor of law enforcement
33 training; and
34 (2) has not provided law enforcement training instruction for
35 more than one (1) year after the date the individual's instructor
36 certification expired.
37 An individual to whom this subsection applies must successfully
38 complete the refresher course established by the board in order to
39 renew the individual's instructor certification.
40 (t) This subsection applies only to a gaming agent employed as a
41 law enforcement officer by the Indiana gaming commission. A gaming
42 agent appointed after June 30, 2005, may exercise the police powers
HB 1186—LS 6611/DI 116 10
1 described in subsection (d) if:
2 (1) the agent successfully completes the pre-basic course
3 established in subsection (f); and
4 (2) the agent successfully completes any other training courses
5 established by the Indiana gaming commission in conjunction
6 with the board.
7 (u) This subsection applies only to a securities enforcement officer
8 designated as a law enforcement officer by the securities
9 commissioner. A securities enforcement officer may exercise the police
10 powers described in subsection (d) if:
11 (1) the securities enforcement officer successfully completes the
12 pre-basic course established in subsection (f); and
13 (2) the securities enforcement officer successfully completes any
14 other training courses established by the securities commissioner
15 in conjunction with the board.
16 (v) This subsection applies only to a correctional police officer
17 employed by the department of correction. A correctional police officer
18 may exercise the police powers described in subsection (d) if:
19 (1) the officer successfully completes the pre-basic course
20 described in subsection (f); and
21 (2) the officer successfully completes any other training courses
22 established by the department of correction in conjunction with
23 the board.
24 (w) This subsection applies only to the sexual assault training
25 described in subsection (a)(14). The board shall:
26 (1) consult with experts on the neurobiology of trauma, trauma
27 informed interviewing, and investigative techniques in developing
28 the sexual assault training; and
29 (2) develop the sexual assault training and begin offering the
30 training not later than July 1, 2022.
31 (x) After July 1, 2023, a law enforcement officer who regularly
32 investigates sexual assaults involving adult victims must complete the
33 training requirements described in subsection (a)(14) within one (1)
34 year of being assigned to regularly investigate sexual assaults involving
35 adult victims.
36 (y) A law enforcement officer who regularly investigates sexual
37 assaults involving adult victims may complete the training
38 requirements described in subsection (a)(14) by attending a:
39 (1) statewide or national training; or
40 (2) department hosted local training.
41 (z) Notwithstanding any other provisions of this section, the board
42 is authorized to establish certain required standards of training and
HB 1186—LS 6611/DI 116 11
1 procedure.
2 SECTION 2. IC 5-2-1-21 IS ADDED TO THE INDIANA CODE
3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4 1, 2025]: Sec. 21. (a) Notwithstanding any other law, all deputies,
5 excluding reserve deputies, employed by the Marion County
6 sheriff's office on July 1, 2025, shall be certified by the board as
7 Tier I law enforcement officers. The board shall transmit
8 certificates of the certifications and other related documentation
9 to the Marion County sheriff's office not later than September 1,
10 2025. The Marion County sheriff's office shall provide the board
11 with information necessary for the board to process the
12 certifications under this subsection.
13 (b) After June 30, 2025, the Indiana law enforcement academy
14 located in Plainfield, Indiana, shall admit individuals newly hired
15 by the Marion County sheriff's office in the same manner and
16 proportion as other law enforcement agencies provided that the
17 individuals are hired as full-time employees of the Marion County
18 sheriff's office.
19 SECTION 3. IC 5-10-10-4, AS AMENDED BY P.L.119-2022,
20 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 4. As used in this chapter, "public safety officer"
22 means any of the following:
23 (1) A state police officer.
24 (2) A county sheriff.
25 (3) A county police officer.
26 (4) A correctional officer. correctional professional, which
27 includes a correctional officer, correctional police officer, or
28 any employee of the department of correction.
29 (5) An excise police officer.
30 (6) A county police reserve officer.
31 (7) A city or town police reserve officer.
32 (8) A conservation enforcement officer.
33 (9) A town marshal.
34 (10) A deputy town marshal.
35 (11) A probation officer.
36 (12) A state educational institution police officer appointed under
37 IC 21-39-4.
38 (13) A police officer whose employer purchases coverage under
39 section 4.5 of this chapter.
40 (14) An emergency medical services provider (as defined in
41 IC 16-41-10-1) who is:
42 (A) employed by a political subdivision (as defined in
HB 1186—LS 6611/DI 116 12
1 IC 36-1-2-13); and
2 (B) not eligible for a special death benefit under IC 36-8-6-20,
3 IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20.
4 (15) A firefighter who is employed by the fire department of a
5 state university.
6 (16) A firefighter whose employer purchases coverage under
7 section 4.5 of this chapter.
8 (17) A member of a consolidated law enforcement department
9 established under IC 36-3-1-5.1.
10 (18) A gaming agent of the Indiana gaming commission.
11 (19) A person who is:
12 (A) employed by a political subdivision (as defined in
13 IC 36-1-2-13); and
14 (B) appointed as a special deputy under IC 36-8-10-10.6.
15 (20) A school corporation police officer appointed under
16 IC 20-26-16.
17 (21) A gaming control officer of the Indiana gaming commission.
18 (22) An eligible chaplain who meets the requirements of section
19 4.7 of this chapter.
20 (23) A community corrections officer.
21 (24) An eligible emergency medical services provider who meets
22 the requirements of section 4.8 of this chapter.
23 (25) An emergency medical services provider whose employer
24 purchases coverage under section 4.9 of this chapter.
25 (26) An emergency management worker (as defined in
26 IC 10-14-3-3), including:
27 (A) an employee of the Indiana department of homeland
28 security who is working in an official capacity as an employee
29 during a disaster or an emergency response; or
30 (B) an employee of a political subdivision who is employed as:
31 (i) an emergency management director;
32 (ii) an assistant emergency management director; or
33 (iii) a deputy emergency management director;
34 for the political subdivision.
35 (27) A division fire investigator (as described in IC 22-14-2-8).
36 (28) A school resource officer (as defined in IC 20-26-18.2-1)
37 who is not otherwise entitled to a line of duty benefit under:
38 (A) IC 36-8-6-20;
39 (B) IC 36-8-7.5-22; or
40 (C) IC 36-8-8-20;
41 while acting as a school resource officer.
42 (29) A county coroner.
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1 (30) A deputy county coroner.
2 SECTION 4. IC 5-10-13-2, AS AMENDED BY P.L.178-2022(ts),
3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 2. As used in this chapter, "employee" means an
5 individual who:
6 (1) is employed full time by the state or a political subdivision of
7 the state as:
8 (A) a member of a fire department (as defined in IC 36-8-1-8);
9 (B) an emergency medical services provider (as defined in
10 IC 16-41-10-1);
11 (C) a member of a police department (as defined in
12 IC 36-8-1-9);
13 (D) a correctional officer (as defined in IC 5-10-10-1.5);
14 correctional professional, which includes a correctional
15 officer (as defined in IC 5-10-10-1.5), correctional police
16 officer, or any employee of the department of correction;
17 (E) a state police officer;
18 (F) a county police officer;
19 (G) a county sheriff;
20 (H) an excise police officer;
21 (I) a conservation enforcement officer;
22 (J) a town marshal;
23 (K) a deputy town marshal;
24 (L) a department of homeland security fire investigator;
25 (M) a member of a consolidated law enforcement department
26 established under IC 36-3-1-5.1;
27 (N) a county coroner; or
28 (O) a deputy county coroner;
29 (2) in the course of the individual's employment is at high risk for
30 occupational exposure to an exposure risk disease; and
31 (3) is not employed elsewhere in a similar capacity.
32 SECTION 5. IC 9-21-8-56, AS AMENDED BY P.L.120-2023,
33 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 56. (a) For purposes of this section, "highway
35 worksite" has the meaning set forth in IC 8-23-2-15.
36 (b) Except as provided in subsections (f) through (h), a person who
37 recklessly operates a vehicle in the immediate vicinity of a highway
38 worksite when workers are present commits a Class A misdemeanor.
39 (c) Except as provided in subsections (f) through (h), a person who
40 knowingly or intentionally operates a motor vehicle in the immediate
41 vicinity of a highway worksite when workers are present with the intent
42 to:
HB 1186—LS 6611/DI 116 14
1 (1) damage traffic control devices; or
2 (2) inflict bodily injury on a worker;
3 commits a Class A misdemeanor. Level 5 felony.
4 (d) Except as provided in subsections (f) through (h), a person who
5 knowingly, intentionally, or recklessly engages in:
6 (1) aggressive driving, as defined in section 55 of this chapter; or
7 (2) a speed contest, as prohibited under IC 9-21-6-1;
8 in the immediate vicinity of a highway worksite when workers are
9 present commits a Class A misdemeanor. Level 6 felony.
10 (e) Except as provided in subsections (f) through (h), a person who
11 recklessly fails to obey a traffic control device or flagman, as
12 prohibited under section 41 of this chapter, in the immediate vicinity
13 of a highway worksite when workers are present commits a Class A
14 misdemeanor.
15 (f) An offense under subsection (b) (c), (d), or (e) is a Level 6 felony
16 if the person who commits the offense
17 (1) has a prior unrelated conviction under this section in the
18 previous five (5) years; or
19 (2) is operating the vehicle in violation of IC 9-30-5-1 or
20 IC 9-30-5-2.
21 (g) An offense under subsection (b), (c), (d), or (e) is a Level 6
22 Level 5 felony if the offense results in bodily injury to a worker in the
23 worksite.
24 (h) An offense under subsection (b), (c), (d), or (e) is a Level 5
25 Level 4 felony if the offense results in the death of a worker in the
26 worksite.
27 (i) A person who knowingly, intentionally, or recklessly engages in
28 an act described in section 55(b)(1), 55(b)(2), 55(b)(3), 55(b)(4),
29 55(b)(5), or 55(b)(6) of this chapter in the immediate vicinity of a
30 highway worksite when workers are present commits a Class B Class
31 A infraction. Notwithstanding IC 34-28-5-5(c), the funds collected as
32 judgments for an infraction under this subsection shall be transferred
33 to the Indiana department of transportation to pay the costs of hiring off
34 duty police officers to perform the duties described in IC 8-23-2-15(b).
35 SECTION 6. IC 10-10.5-5 IS ADDED TO THE INDIANA CODE
36 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2025]:
38 Chapter 5. Limitations of Police Powers for Certain Law
39 Enforcement Officers
40 Sec. 1. As used in this chapter, "board" has the meaning set
41 forth in IC 5-2-1-2(2).
42 Sec. 2. As used in this chapter, "law enforcement agency" has
HB 1186—LS 6611/DI 116 15
1 the meaning set forth in IC 5-2-1-2(8).
2 Sec. 3. As used in this chapter, "police powers" refers to a law
3 enforcement officer's authority described in IC 5-2-1-9(d).
4 Sec. 4. (a) Except as provided in section 5 of this chapter, a law
5 enforcement officer, including a constable, a school resource
6 officer, special deputy, or reserve officer, who has completed a
7 pre-basic course described in IC 5-2-1-9(f), but who has not
8 completed Tier I or Tier II basic training requirements established
9 by the board under IC 5-2-1-9, may not exercise police powers
10 outside the jurisdiction of the appointing law enforcement agency.
11 (b) Except as provided in section 5 of this chapter, a law
12 enforcement officer described in subsection (a) may not wear or
13 display on their person or vehicle an insignia identifying themself
14 as a law enforcement officer while engaged in off duty
15 employment. Nothing in this subsection shall preclude the law
16 enforcement officer from displaying an insignia on their person or
17 vehicle when traveling to and from the law enforcement officer's
18 residence to work for the appointing law enforcement agency.
19 Sec. 5. (a) Notwithstanding any other law and except as
20 provided in subsection (b), a law enforcement officer described in
21 section 4(a) of this chapter may exercise police powers only when
22 the law enforcement officer is carrying out the duties of the law
23 enforcement agency that appointed the law enforcement officer
24 within the geographic jurisdiction of the appointing law
25 enforcement agency unless:
26 (1) the law enforcement officer is engaging in the:
27 (A) pursuit;
28 (B) apprehension;
29 (C) arrest;
30 (D) search; or
31 (E) investigation;
32 of an individual outside of the geographic jurisdiction of the
33 appointing law enforcement agency for a violation of a law
34 that occurred within the geographic jurisdiction of the
35 appointing law enforcement agency;
36 (2) the law enforcement officer is transferring an individual
37 outside the jurisdiction of the appointing law enforcement
38 agency under the direction of the appointing law enforcement
39 agency; or
40 (3) exigent circumstances necessitate the use of the police
41 powers.
42 (b) A law enforcement officer described in section 4(a) of this
HB 1186—LS 6611/DI 116 16
1 chapter may be authorized to use police powers on behalf of
2 another law enforcement agency or entity only if the appointing
3 law enforcement agency enters into an agreement with the other
4 law enforcement agency or entity that sets forth the extent of police
5 powers the law enforcement officer may exercise.
6 SECTION 7. IC 14-9-8-27 IS AMENDED TO READ AS
7 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 27. (a) A conservation
8 reserve officer may be appointed to assist the division in the
9 enforcement of watercraft laws and for no other purpose. A
10 conservation reserve officer must be appointed in the same manner that
11 a conservation officer is appointed.
12 (b) A conservation reserve officer:
13 (1) may not be a conservation officer;
14 (2) has the police powers of a conservation officer to enforce
15 watercraft laws, except as limited by the rules of the department;
16 (3) to the extent that money is appropriated for a purpose listed in
17 this subdivision, may receive:
18 (A) a uniform allowance;
19 (B) compensation for time lost from other employment
20 because of court appearances;
21 (C) insurance for life, accident, and sickness coverage;
22 (D) compensation for lake patrol duties that the division
23 director assigns and approves for compensation; or
24 (E) any combination of benefits specified in clauses (A)
25 through (D);
26 (4) is not eligible to participate in a pension program provided for
27 conservation officers;
28 (5) may not be appointed until completion of the following:
29 (A) A minimum of forty (40) hours of general reserve officer
30 training.
31 (B) A minimum of twelve (12) hours in addition to the training
32 under subdivision (A) in the enforcement of watercraft laws.
33 (C) A probationary period specified by rule of the department;
34 (6) subject to IC 10-10.5-5, may not:
35 (A) make an arrest;
36 (B) conduct a search or seizure of a person or property; or
37 (C) carry a firearm;
38 unless the conservation reserve officer successfully completes a
39 pre-basic course under IC 5-2-1-9(f); and
40 (7) may be covered by the medical treatment and burial expense
41 provisions of the worker's compensation law (IC 22-3-2 through
42 IC 22-3-6) and the worker's occupational diseases law (IC
HB 1186—LS 6611/DI 116 17
1 22-3-7).
2 If compensability of an injury covered under subdivision (7) is an issue,
3 the administrative procedures of IC 22-3-2 through IC 22-3-6 and
4 IC 22-3-7 must be used to resolve the issue.
5 (c) A conservation reserve officer carrying out lake patrol duties
6 under this chapter is immune from liability under IC 34-30-12,
7 notwithstanding the payment of compensation to the conservation
8 reserve officer.
9 (d) The department may adopt rules under IC 4-22-2 to implement
10 this section and to limit the authority of conservation reserve officers.
11 SECTION 8. IC 14-33-25-3, AS ADDED BY P.L.122-2023,
12 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 3. The district marshal is the chief police officer
14 of the district and, except as otherwise provided in IC 10-10.5-5, has
15 the powers of other law enforcement officers in enforcing laws. The
16 district marshal or the district marshal's deputy:
17 (1) shall arrest without process all persons who commit an offense
18 within the district marshal's or deputy's view, take them before a
19 court having jurisdiction, and detain them in custody until the
20 cause of the arrest has been investigated;
21 (2) shall suppress breaches of the peace;
22 (3) may execute search warrants and arrest warrants; and
23 (4) may pursue and jail persons who commit an offense.
24 SECTION 9. IC 20-26-18.2-3, AS ADDED BY P.L.172-2013,
25 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 3. (a) A school resource officer may:
27 (1) make an arrest;
28 (2) conduct a search or a seizure of a person or property using the
29 reasonable suspicion standard;
30 (3) carry a firearm on or off school property; and
31 (4) exercise other police powers with respect to the enforcement
32 of Indiana laws.
33 (b) A school resource officer who has completed Tier I or Tier II
34 basic training requirements established by the law enforcement
35 training board under IC 5-2-1-9 has statewide jurisdiction. A school
36 resource officer who has completed a pre-basic course described in
37 IC 5-2-1-9(f) but who has not completed Tier I or Tier II basic
38 training requirements established by the law enforcement training
39 board under IC 5-2-1-9 is subject to the limitations set forth in
40 IC 10-10.5-5. in every county where the school corporation or charter
41 school engaging the officer operates a school or where the school
42 corporation or charter school's students reside. This subsection does not
HB 1186—LS 6611/DI 116 18
1 restrict the jurisdiction that a school resource officer may possess due
2 to the officer's employment by a law enforcement agency.
3 SECTION 10. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
4 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 185. (a) "Law enforcement officer", except as
6 otherwise limited under IC 10-10.5-5, means:
7 (1) a police officer (including a tribal police officer, a correctional
8 police officer, and a hospital police officer employed by a hospital
9 police department established under IC 16-18-4), sheriff,
10 constable, marshal, prosecuting attorney, special prosecuting
11 attorney, special deputy prosecuting attorney, the securities
12 commissioner, or the inspector general;
13 (2) a deputy of any of those persons;
14 (3) an investigator for a prosecuting attorney or for the inspector
15 general;
16 (4) a conservation officer;
17 (5) an enforcement officer of the alcohol and tobacco
18 commission;
19 (6) an enforcement officer of the securities division of the office
20 of the secretary of state; or
21 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
22 control officer employed by the gaming control division under
23 IC 4-33-20.
24 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
25 includes an alcoholic beverage enforcement officer, as set forth in
26 IC 35-42-2-1.
27 (c) "Law enforcement officer", for purposes of IC 35-45-15,
28 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
29 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
30 IC 35-44.1-3-2, includes a school resource officer (as defined in
31 IC 20-26-18.2-1) and a school corporation police officer appointed
32 under IC 20-26-16.
33 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
34 meaning set forth in IC 35-40.5-1-1.
35 SECTION 11. IC 35-42-2-2, AS AMENDED BY P.L.184-2019,
36 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2025]: Sec. 2. (a) A person who recklessly, knowingly, or
38 intentionally performs an act that creates a substantial risk of bodily
39 injury to another person commits criminal recklessness. Except as
40 provided in subsection (b), criminal recklessness is a Class B Class A
41 misdemeanor.
42 (b) The offense of criminal recklessness as defined in subsection (a)
HB 1186—LS 6611/DI 116 19
1 is:
2 (1) a Level 6 felony if:
3 (A) it is committed while armed with a deadly weapon; or
4 (B) the person committed aggressive driving (as defined in
5 IC 9-21-8-55) that results in serious bodily injury to another
6 person; or
7 (B) it is committed while operating a vehicle;
8 (2) a Level 5 felony if the person committed pointing a firearm
9 in violation of IC 35-47-4-3 while committing aggressive
10 driving (as defined in IC 9-21-8-55);
11 (2) (3) a Level 5 Level 4 felony if:
12 (A) it is committed by shooting a firearm into an inhabited a
13 dwelling or other building or place where people are likely to
14 gather; or
15 (B) the person committed aggressive driving (as defined in
16 IC 9-21-8-55) that results in serious bodily injury to
17 another person; or
18 (4) a Level 3 felony if:
19 (A) it is committed by shooting a firearm into an occupied
20 motor vehicle; or
21 (B) the person committed aggressive driving (as defined in
22 IC 9-21-8-55) that results in the death or catastrophic injury of
23 another person.
24 SECTION 12. IC 35-47-4-5, AS AMENDED BY THE
25 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
26 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 5. (a) As used in this section, "serious violent
28 felon" means a person who has been convicted of committing a serious
29 violent felony.
30 (b) As used in this section, "serious violent felony" means:
31 (1) murder (IC 35-42-1-1);
32 (2) attempted murder (IC 35-41-5-1);
33 (3) voluntary manslaughter (IC 35-42-1-3);
34 (4) reckless homicide not committed by means of a vehicle (IC
35 35-42-1-5);
36 (5) battery (IC 35-42-2-1) as a:
37 (A) Class A felony, Class B felony, or Class C felony, for a
38 crime committed before July 1, 2014; or
39 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
40 felony, for a crime committed after June 30, 2014;
41 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
42 3 felony, Level 4 felony, or Level 5 felony;
HB 1186—LS 6611/DI 116 20
1 (7) aggravated battery (IC 35-42-2-1.5);
2 (8) strangulation (IC 35-42-2-9);
3 (9) kidnapping (IC 35-42-3-2);
4 (10) criminal confinement (IC 35-42-3-3);
5 (11) a human or sexual trafficking offense under IC 35-42-3.5;
6 (12) rape (IC 35-42-4-1);
7 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
8 (14) child molesting (IC 35-42-4-3);
9 (15) sexual battery (IC 35-42-4-8) as a:
10 (A) Class C felony, for a crime committed before July 1, 2014;
11 or
12 (B) Level 5 felony, for a crime committed after June 30, 2014;
13 (16) robbery (IC 35-42-5-1);
14 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
15 (18) arson (IC 35-43-1-1(a)) as a:
16 (A) Class A felony or Class B felony, for a crime committed
17 before July 1, 2014; or
18 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
19 crime committed after June 30, 2014;
20 (19) burglary (IC 35-43-2-1) as a:
21 (A) Class A felony or Class B felony, for a crime committed
22 before July 1, 2014; or
23 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
24 felony, for a crime committed after June 30, 2014;
25 (20) assisting a criminal (IC 35-44.1-2-5) as a:
26 (A) Class C felony, for a crime committed before July 1, 2014;
27 or
28 (B) Level 5 felony, for a crime committed after June 30, 2014;
29 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
30 (A) Class B felony or Class C felony, for a crime committed
31 before July 1, 2014; or
32 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
33 crime committed after June 30, 2014;
34 (22) escape (IC 35-44.1-3-4) as a:
35 (A) Class B felony or Class C felony, for a crime committed
36 before July 1, 2014; or
37 (B) Level 4 felony or Level 5 felony, for a crime committed
38 after June 30, 2014;
39 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
40 (A) Class C felony, for a crime committed before July 1, 2014;
41 or
42 (B) Level 5 felony, for a crime committed after June 30, 2014;
HB 1186—LS 6611/DI 116 21
1 (24) criminal organization intimidation (IC 35-45-9-4);
2 (25) stalking (IC 35-45-10-5) as a:
3 (A) Class B felony or Class C felony, for a crime committed
4 before July 1, 2014; or
5 (B) Level 4 felony or Level 5 felony, for a crime committed
6 after June 30, 2014;
7 (26) incest (IC 35-46-1-3);
8 (27) dealing in or manufacturing cocaine or a narcotic drug (IC
9 35-48-4-1);
10 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
11 manufacturing methamphetamine (IC 35-48-4-1.2);
12 (29) dealing in a schedule I, II, or III controlled substance (IC
13 35-48-4-2);
14 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
15 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
16 or
17 (32) dealing in a controlled substance resulting in death (IC
18 35-42-1-1.5); or
19 (33) operating a motor vehicle in the immediate vicinity of a
20 highway worksite when workers are present with the intent to
21 inflict bodily injury on a worker under IC 9-21-8-56(c)(2).
22 (c) A serious violent felon who knowingly or intentionally possesses
23 a firearm commits unlawful possession of a firearm by a serious violent
24 felon, a Level 4 felony.
25 SECTION 13. IC 36-5-7-4, AS AMENDED BY P.L.127-2017,
26 SECTION 152, IS AMENDED TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2025]: Sec. 4. The marshal is the chief police
28 officer of the town and, except as otherwise provided in
29 IC 10-10.5-5, has the powers of other law enforcement officers in
30 executing the orders of the legislative body and enforcing laws. The
31 marshal or the marshal's deputy:
32 (1) shall serve all process directed to the marshal or deputy by the
33 town court or legislative body;
34 (2) shall arrest without process all persons who commit an offense
35 within the marshal's or deputy's view, take them before a court
36 having jurisdiction, and detain them in custody until the cause of
37 the arrest has been investigated;
38 (3) shall suppress breaches of the peace;
39 (4) may, if necessary, call the power of the town to the marshal's
40 or deputy's aid;
41 (5) may execute search warrants and arrest warrants; and
42 (6) may pursue and jail persons who commit an offense.
HB 1186—LS 6611/DI 116 22
1 SECTION 14. IC 36-8-2.1-3, AS ADDED BY P.L.271-2019,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 3. As used in this chapter, "police department"
4 means a police department established by:
5 (1) a county;
6 (2) a city;
7 (3) a town;
8 (4) the state;
9 (5) a school corporation (as described under IC 20-26-16); or
10 (6) a postsecondary educational institution (as described under
11 IC 21-17-5-2 or IC 21-39-4-2); or
12 (7) a hospital under IC 16-18-4.
13 SECTION 15. IC 36-8-3-20, AS AMENDED BY P.L.173-2023,
14 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 20. (a) This section applies to counties and towns
16 as well as cities.
17 (b) A unit shall provide by ordinance the number of police reserve
18 officers that the department may appoint.
19 (c) Police reserve officers shall be appointed by the same authority
20 that appoints regular members of the department.
21 (d) Police reserve officers may be designated by another name
22 specified by ordinance.
23 (e) Subject to IC 10-10.5-5, police reserve officers may not be
24 members of the regular police department but have all of the same
25 police powers as regular members, except as limited by the rules of the
26 department. Each department may adopt rules to limit the authority of
27 police reserve officers.
28 (f) To the extent that money is appropriated for a purpose listed in
29 this subsection, police reserve officers may receive any of the
30 following:
31 (1) A uniform allowance.
32 (2) Compensation for time lost from other employment because
33 of court appearances.
34 (3) In the case of county police reserve officers, compensation for
35 lake patrol duties that the county sheriff assigns and approves for
36 compensation.
37 (g) Police reserve officers are not eligible to participate in any
38 pension program provided for regular members of the department.
39 (h) A police reserve officer may not be appointed until the officer
40 has completed the training and probationary period specified by rules
41 of the department.
42 (i) A police reserve officer appointed by the department after June
HB 1186—LS 6611/DI 116 23
1 30, 1993, may not:
2 (1) make an arrest;
3 (2) conduct a search or a seizure of a person or property; or
4 (3) carry a firearm;
5 unless the police reserve officer successfully completes a pre-basic
6 course under IC 5-2-1-9(f).
7 (j) A police reserve officer carrying out lake patrol duties under this
8 chapter is immune from liability under IC 34-30-12, notwithstanding
9 the payment of compensation to the officer.
10 (k) After June 30, 2015, a police reserve officer who has
11 satisfactorily completed pre-basic training and has been appointed to
12 a law enforcement department or agency on either a full-time or
13 part-time basis is not eligible for continued employment unless the
14 police reserve officer satisfactorily completes the mandatory inservice
15 training requirements established by rules adopted by the law
16 enforcement training board (created by IC 5-2-1-3). Inservice training
17 must include training in interacting with persons with mental illness,
18 addictive disorders, intellectual disabilities, autism, developmental
19 disabilities, and Alzheimer's disease or related senile dementia, to be
20 provided by persons approved by the secretary of family and social
21 services and the board. The inservice training must also concern human
22 and sexual trafficking and high risk missing persons (as defined in
23 IC 5-2-17-1). The board may approve courses offered by other public
24 or private training entities, including postsecondary educational
25 institutions, as necessary in order to ensure the availability of an
26 adequate number of inservice training programs. The board may waive
27 a police reserve officer's inservice training requirements if the board
28 determines that the police reserve officer's reason for lacking the
29 required amount of inservice training hours is due to either of the
30 following:
31 (1) An emergency situation.
32 (2) The unavailability of courses.
33 (l) After December 31, 2017, a unit shall:
34 (1) provide the coverage specified in section 22 of this chapter;
35 and
36 (2) pay the amounts specified in section 23 of this chapter;
37 for a police reserve officer who is injured or contracts an illness in the
38 course of or as the result of the performance of duties as a police
39 reserve officer.
40 (m) A unit may purchase policies of group insurance or establish a
41 plan of self-insurance to meet its obligations under section 22 or 23 of
42 this chapter. The establishment of a self-insurance program under this
HB 1186—LS 6611/DI 116 24
1 subsection is subject to the approval of the unit's fiscal body. Expenses
2 incurred for premiums for insurance or for other charges or expenses
3 under sections 22 and 23 of this chapter shall be paid out of the unit's
4 general fund in the same manner as other expenses of the unit are paid.
5 SECTION 16. IC 36-8-10-10.6, AS AMENDED BY P.L.114-2012,
6 SECTION 149, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2025]: Sec. 10.6. (a) The sheriff may appoint
8 as a special deputy any person who is employed by a governmental
9 entity as defined in IC 35-31.5-2-144 or private employer, the nature
10 of which employment necessitates that the person have the powers of
11 a law enforcement officer. Subject to IC 10-10.5-5, during the term of
12 the special deputy's appointment and while the special deputy is
13 fulfilling the specific responsibilities for which the appointment is
14 made, a special deputy has the powers, privileges, and duties of a
15 county police officer under this chapter, subject to any written
16 limitations and specific requirements imposed by the sheriff and signed
17 by the special deputy. A special deputy is subject to the direction of the
18 sheriff and shall obey the rules and orders of the department. A special
19 deputy may be removed by the sheriff at any time, without notice and
20 without assigning any cause.
21 (b) The sheriff shall fix the prerequisites of training, education, and
22 experience for special deputies, subject to the minimum requirements
23 prescribed by this subsection. Applicants must:
24 (1) be twenty-one (21) years of age or older;
25 (2) never have been convicted of a felony, or a misdemeanor
26 involving moral turpitude;
27 (3) be of good moral character; and
28 (4) have sufficient training to insure the proper performance of
29 their authorized duties.
30 (c) Except as provided in subsection (d), a special deputy shall wear
31 a uniform the design and color of which is easily distinguishable from
32 the uniforms of the Indiana state police, the regular county police force,
33 and all municipal police and fire forces located in the county.
34 (d) The sheriff may permit a special deputy to wear the uniform of
35 the regular county police force if the special deputy:
36 (1) has successfully completed the minimum basic training
37 requirements under IC 5-2-1;
38 (2) is periodically assigned by the sheriff to duties of a regular
39 county police officer; and
40 (3) is an employee of the department.
41 The sheriff may revoke permission for the special deputy to wear the
42 uniform of the regular county police force at any time without cause or
HB 1186—LS 6611/DI 116 25
1 notice.
2 (e) The sheriff may also appoint one (1) legal deputy, who must be
3 a member of the Indiana bar. The legal deputy does not have police
4 powers. The legal deputy may continue to practice law. However,
5 neither the legal deputy nor any attorney in partnership with the legal
6 deputy may represent a defendant in a criminal case.
7 (f) The sheriff, for the purpose of guarding prisoners in the county
8 jail:
9 (1) in counties not having a consolidated city, may appoint special
10 deputies to serve as county jail guards; and
11 (2) in counties having a consolidated city, shall appoint only
12 special deputies to serve as county jail guards.
13 This subsection does not affect the rights or liabilities accrued by any
14 county police officer assigned to guard the jail before August 31, 1982.
HB 1186—LS 6611/DI 116 26
COMMITTEE REPORT
Mr. Speaker: Your Committee on Veterans Affairs and Public
Safety, to which was referred House Bill 1186, 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 15, begin a new paragraph and insert:
"SECTION 1. IC 5-2-1-9, AS AMENDED BY P.L.170-2023,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) The board shall adopt in accordance with
IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
The rules, which shall be adopted only after necessary and proper
investigation and inquiry by the board, shall include the establishment
of the following:
(1) A consistent and uniform statewide deadly force policy and
training program, that is consistent with state and federal law.
Upon adoption by the law enforcement training board, the policy
and training program must be implemented, without modification,
by all Indiana law enforcement agencies, offices, or departments.
(2) A consistent and uniform statewide defensive tactics policy
and training program, that is consistent with state and federal law.
Upon adoption by the law enforcement training board, the policy
and training program must be implemented, without modification,
by all Indiana law enforcement agencies, offices, or departments.
(3) A uniform statewide minimum standard for vehicle pursuits
consistent with state and federal law.
(4) Minimum standards of physical, educational, mental, and
moral fitness which shall govern the acceptance of any person for
training by any law enforcement training school or academy
meeting or exceeding the minimum standards established
pursuant to this chapter.
(5) Minimum standards for law enforcement training schools
administered by towns, cities, counties, law enforcement training
centers, agencies, or departments of the state.
(6) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(7) Minimum standards for a course of study on cultural diversity
awareness, including training on the U nonimmigrant visa created
through the federal Victims of Trafficking and Violence
Protection Act of 2000 (P.L. 106-386) that must be required for
HB 1186—LS 6611/DI 116 27
each person accepted for training at a law enforcement training
school or academy. Cultural diversity awareness study must
include an understanding of cultural issues related to race,
religion, gender, age, domestic violence, national origin, and
physical and mental disabilities.
(8) Minimum qualifications for instructors at approved law
enforcement training schools.
(9) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(10) Minimum basic training requirements which law
enforcement officers appointed on other than a permanent basis
shall complete in order to be eligible for continued employment
or permanent appointment.
(11) Minimum basic training requirements which law
enforcement officers appointed on a permanent basis shall
complete in order to be eligible for continued employment.
(12) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with:
(A) persons with autism, mental illness, addictive disorders,
intellectual disabilities, and developmental disabilities;
(B) missing endangered adults (as defined in IC 12-7-2-131.3);
and
(C) persons with Alzheimer's disease or related senile
dementia;
to be provided by persons approved by the secretary of family and
social services and the board. The training must include an
overview of the crisis intervention teams.
(13) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws (IC
35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
HB 1186—LS 6611/DI 116 28
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(14) Minimum standards for ongoing specialized, intensive, and
integrative training for persons responsible for investigating
sexual assault cases involving adult victims. This training must
include instruction on:
(A) the neurobiology of trauma;
(B) trauma informed interviewing; and
(C) investigative techniques.
(15) Minimum standards for de-escalation training. De-escalation
training shall be taught as a part of existing use-of-force training
and not as a separate topic.
(16) Minimum standards regarding best practices for crowd
control, protests, and First Amendment activities.
(17) Minimum standards for basic training and inservice training
programs, which may be completed online or by other means of
virtual instruction, that occur after December 31, 2024, and that
address the mental health and wellness of law enforcement
officers including:
(A) healthy coping skills to preserve the mental health of law
enforcement officers and manage the stress and trauma of
policing;
(B) recognizing:
(i) symptoms of posttraumatic stress disorder; and
(ii) signs of suicidal behavior; and
(C) information on mental health resources available for law
enforcement officers.
All statewide policies and minimum standards shall be documented in
writing and published on the Indiana law enforcement academy (ILEA)
website. Any policy, standard, or training program implemented,
adopted, or promulgated by a vote of the board may only subsequently
be modified or rescinded by a two-thirds (2/3) majority vote of the
board.
(b) A law enforcement officer appointed after July 5, 1972, and
before July 1, 1993, may not enforce the laws or ordinances of the state
or any political subdivision unless the officer has, within one (1) year
from the date of appointment, successfully completed the minimum
basic training requirements established under this chapter by the board.
If a person fails to successfully complete the basic training
HB 1186—LS 6611/DI 116 29
requirements within one (1) year from the date of employment, the
officer may not perform any of the duties of a law enforcement officer
involving control or direction of members of the public or exercising
the power of arrest until the officer has successfully completed the
training requirements. This subsection does not apply to any law
enforcement officer appointed before July 6, 1972, or after June 30,
1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which shall be calculated
by the aggregate of the time before and after the leave, for the purposes
of this chapter.
(d) Except as provided in subsections (e), (m), (t), and (u), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy or at a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
(e) This subsection does not apply to:
(1) a gaming agent employed as a law enforcement officer by the
Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
designated by the securities commissioner as a police officer of
the state under IC 23-19-6-1(k).
Before a law enforcement officer appointed after June 30, 1993,
completes the basic training requirements, the law enforcement officer
may exercise the police powers described in subsection (d), subject to
the limitations provided in IC 10-10.5-5, if the officer successfully
completes the pre-basic course established in subsection (f). Successful
completion of the pre-basic course authorizes a law enforcement officer
to exercise the police powers described in subsection (d) for one (1)
year after the date the law enforcement officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish a
pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
HB 1186—LS 6611/DI 116 30
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of
force, de-escalation training, interacting with individuals with autism,
and the operation of an emergency vehicle. The pre-basic course must
be offered on a periodic basis throughout the year at regional sites
statewide. The pre-basic course must consist of at least forty (40) hours
of course work. The board may prepare the classroom part of the
pre-basic course using available technology in conjunction with live
instruction. The board shall provide the course material, the instructors,
and the facilities at the regional sites throughout the state that are used
for the pre-basic course. In addition, the board may certify pre-basic
courses that may be conducted by other public or private training
entities, including postsecondary educational institutions.
(g) Subject to subsection (h), the board shall adopt rules under
IC 4-22-2 to establish a mandatory inservice training program for
police officers and police reserve officers (as described in
IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
satisfactorily completed basic training and has been appointed to a law
enforcement department or agency on either a full-time or part-time
basis is not eligible for continued employment unless the officer
satisfactorily completes the mandatory inservice training requirements
established by rules adopted by the board. Inservice training must
include de-escalation training. Inservice training must also include:
(1) training:
(A) in interacting with persons with mental illness, addictive
disorders, intellectual disabilities, autism, developmental
disabilities, and Alzheimer's disease or related senile
dementia; and
(B) provided by persons approved by the secretary of family
and social services and the board;
(2) after December 31, 2024, annual training, which may be
completed online or by other means of virtual instruction, that
addresses the mental health and wellness of law enforcement
officers including:
(A) healthy coping skills to preserve the mental health of law
enforcement officers and manage the stress and trauma of
policing;
(B) recognizing:
(i) symptoms of posttraumatic stress disorder; and
(ii) signs of suicidal behavior; and
(C) information on mental health resources available for law
enforcement officers; and
HB 1186—LS 6611/DI 116 31
(3) training concerning:
(A) human and sexual trafficking; and
(B) high risk missing persons (as defined in IC 5-2-17-1).
The board may approve courses offered by other public or private
training entities, including postsecondary educational institutions, as
necessary in order to ensure the availability of an adequate number of
inservice training programs. The board may waive an officer's inservice
training requirements if the board determines that the officer's reason
for lacking the required amount of inservice training hours is due to
either an emergency situation or the unavailability of courses.
(h) This subsection applies only to a mandatory inservice training
program under subsection (g). Notwithstanding subsection (g), the
board may, without adopting rules under IC 4-22-2, modify the course
work of a training subject matter, modify the number of hours of
training required within a particular subject matter, or add a new
subject matter, if the board satisfies the following requirements:
(1) The board must conduct at least two (2) public meetings on
the proposed modification or addition.
(2) After approving the modification or addition at a public
meeting, the board must post notice of the modification or
addition on the Indiana law enforcement academy's website at
least thirty (30) days before the modification or addition takes
effect.
If the board does not satisfy the requirements of this subsection, the
modification or addition is void. This subsection does not authorize the
board to eliminate any inservice training subject matter required under
subsection (g).
(i) The board shall also adopt rules establishing a town marshal and
conservancy district marshal basic training program, subject to the
following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) or a
conservancy district that employs a conservancy district marshal
under IC 14-33-25 and having not more than one (1) marshal and
six (6) deputies.
HB 1186—LS 6611/DI 116 32
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the marshal basic
training program.
(6) The program must require training in interacting with
individuals with autism.
(j) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force and de-escalation training.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(10) After December 31, 2024, mental health and wellness and
suicide prevention of law enforcement officers. The training
requirement under this subdivision may be provided as part of an
online course or by other means of virtual instruction.
(k) A police chief shall apply for admission to the executive training
program within two (2) months of the date the police chief initially
takes office. A police chief must successfully complete the executive
training program within six (6) months of the date the police chief
initially takes office. However, if space in the executive training
program is not available at a time that will allow completion of the
executive training program within six (6) months of the date the police
chief initially takes office, the police chief must successfully complete
the next available executive training program that is offered after the
police chief initially takes office.
(l) A police chief who fails to comply with subsection (k) may not
continue to serve as the police chief until completion of the executive
training program. For the purposes of this subsection and subsection
(k), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police
department; and
(3) the chief of a consolidated law enforcement department
HB 1186—LS 6611/DI 116 33
established under IC 36-3-1-5.1.
A town marshal or a conservancy district marshal is not considered to
be a police chief for these purposes, but a town marshal or a
conservancy district marshal may enroll in the executive training
program.
(m) A fire investigator in the department of homeland security
appointed after December 31, 1993, is required to comply with the
basic training standards established under this chapter.
(n) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(2).
(o) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for:
(A) at least two (2) years; and
(B) less than six (6) years before the officer is hired under
subdivision (1); and
(3) completed at any time a basic training course certified or
recognized by the board before the officer is hired under
subdivision (1).
(p) An officer to whom subsection (o) applies must successfully
complete the refresher course described in subsection (o) not later than
six (6) months after the officer's date of hire, or the officer loses the
officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is appointed by an Indiana law enforcement department or
agency as a reserve police officer; and
(2) has not worked as a reserve police officer for at least two (2)
years after:
(A) completing the pre-basic course; or
(B) leaving the individual's last appointment as a reserve
police officer.
An officer to whom this subsection applies must successfully complete
the refresher course established by the board in order to work as a
HB 1186—LS 6611/DI 116 34
reserve police officer.
(r) This subsection applies to an individual who, at the time the
individual completes a board certified or recognized basic training
course, has not been appointed as a law enforcement officer by an
Indiana law enforcement department or agency. If the individual is not
employed as a law enforcement officer for at least two (2) years after
completing the basic training course, the individual must successfully
retake and complete the basic training course as set forth in subsection
(d).
(s) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an individual who:
(1) is appointed as a board certified instructor of law enforcement
training; and
(2) has not provided law enforcement training instruction for
more than one (1) year after the date the individual's instructor
certification expired.
An individual to whom this subsection applies must successfully
complete the refresher course established by the board in order to
renew the individual's instructor certification.
(t) This subsection applies only to a gaming agent employed as a
law enforcement officer by the Indiana gaming commission. A gaming
agent appointed after June 30, 2005, may exercise the police powers
described in subsection (d) if:
(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses
established by the Indiana gaming commission in conjunction
with the board.
(u) This subsection applies only to a securities enforcement officer
designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the police
powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the
pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes any
other training courses established by the securities commissioner
in conjunction with the board.
(v) This subsection applies only to a correctional police officer
employed by the department of correction. A correctional police officer
may exercise the police powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic course
described in subsection (f); and
HB 1186—LS 6611/DI 116 35
(2) the officer successfully completes any other training courses
established by the department of correction in conjunction with
the board.
(w) This subsection applies only to the sexual assault training
described in subsection (a)(14). The board shall:
(1) consult with experts on the neurobiology of trauma, trauma
informed interviewing, and investigative techniques in developing
the sexual assault training; and
(2) develop the sexual assault training and begin offering the
training not later than July 1, 2022.
(x) After July 1, 2023, a law enforcement officer who regularly
investigates sexual assaults involving adult victims must complete the
training requirements described in subsection (a)(14) within one (1)
year of being assigned to regularly investigate sexual assaults involving
adult victims.
(y) A law enforcement officer who regularly investigates sexual
assaults involving adult victims may complete the training
requirements described in subsection (a)(14) by attending a:
(1) statewide or national training; or
(2) department hosted local training.
(z) Notwithstanding any other provisions of this section, the board
is authorized to establish certain required standards of training and
procedure.".
Delete pages 2 through 10.
Page 11, delete lines 1 through 6, begin a new paragraph and insert:
"SECTION 2. IC 5-2-1-21 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 21. (a) Notwithstanding any other law, all deputies,
excluding reserve deputies, employed by the Marion County
sheriff's office on July 1, 2025, shall be certified by the board as
Tier I law enforcement officers. The board shall transmit
certificates of the certifications and other related documentation
to the Marion County sheriff's office not later than September 1,
2025. The Marion County sheriff's office shall provide the board
with information necessary for the board to process the
certifications under this subsection.
(b) After June 30, 2025, the Indiana law enforcement academy
located in Plainfield, Indiana, shall admit individuals newly hired
by the Marion County sheriff's office in the same manner and
proportion as other law enforcement agencies provided that the
individuals are hired as full-time employees of the Marion County
sheriff's office.".
HB 1186—LS 6611/DI 116 36
Page 14, delete lines 23 through 42, begin a new paragraph and
insert:
"SECTION 5. IC 10-10.5-5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 5. Limitations of Police Powers for Certain Law
Enforcement Officers
Sec. 1. As used in this chapter, "board" has the meaning set
forth in IC 5-2-1-2(2).
Sec. 2. As used in this chapter, "law enforcement agency" has
the meaning set forth in IC 5-2-1-2(8).
Sec. 3. As used in this chapter, "police powers" refers to a law
enforcement officer's authority described in IC 5-2-1-9(d).
Sec. 4. (a) Except as provided in section 5 of this chapter, a law
enforcement officer, including a constable, a school resource
officer, special deputy, or reserve officer, who has completed a
pre-basic course described in IC 5-2-1-9(f), but who has not
completed Tier I or Tier II basic training requirements established
by the board under IC 5-2-1-9, may not exercise police powers
outside the jurisdiction of the appointing law enforcement agency.
(b) Except as provided in section 5 of this chapter, a law
enforcement officer described in subsection (a) may not wear or
display on their person or vehicle an insignia identifying themself
as a law enforcement officer while engaged in off duty
employment. Nothing in this subsection shall preclude the law
enforcement officer from displaying an insignia on their person or
vehicle when traveling to and from the law enforcement officer's
residence to work for the appointing law enforcement agency.
Sec. 5. (a) Notwithstanding any other law and except as
provided in subsection (b), a law enforcement officer described in
section 4(a) of this chapter may exercise police powers only 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 unless:
(1) the law enforcement officer is engaging in the:
(A) pursuit;
(B) apprehension;
(C) arrest;
(D) search; or
(E) investigation;
of an individual outside of the geographic jurisdiction of the
HB 1186—LS 6611/DI 116 37
appointing law enforcement agency for a violation of a law
that occurred within the geographic jurisdiction of the
appointing law enforcement agency;
(2) the law enforcement officer is transferring an individual
outside the jurisdiction of the appointing law enforcement
agency under the direction of the appointing law enforcement
agency; or
(3) exigent circumstances necessitate the use of the police
powers.
(b) A law enforcement officer described in section 4(a) of this
chapter may be authorized to use police powers on behalf of
another law enforcement agency or entity only if the appointing
law enforcement agency enters into an agreement with the other
law enforcement agency or entity that sets forth the extent of police
powers the law enforcement officer may exercise.
SECTION 6. IC 14-9-8-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 27. (a) A conservation
reserve officer may be appointed to assist the division in the
enforcement of watercraft laws and for no other purpose. A
conservation reserve officer must be appointed in the same manner that
a conservation officer is appointed.
(b) A conservation reserve officer:
(1) may not be a conservation officer;
(2) has the police powers of a conservation officer to enforce
watercraft laws, except as limited by the rules of the department;
(3) to the extent that money is appropriated for a purpose listed in
this subdivision, may receive:
(A) a uniform allowance;
(B) compensation for time lost from other employment
because of court appearances;
(C) insurance for life, accident, and sickness coverage;
(D) compensation for lake patrol duties that the division
director assigns and approves for compensation; or
(E) any combination of benefits specified in clauses (A)
through (D);
(4) is not eligible to participate in a pension program provided for
conservation officers;
(5) may not be appointed until completion of the following:
(A) A minimum of forty (40) hours of general reserve officer
training.
(B) A minimum of twelve (12) hours in addition to the training
under subdivision (A) in the enforcement of watercraft laws.
HB 1186—LS 6611/DI 116 38
(C) A probationary period specified by rule of the department;
(6) subject to IC 10-10.5-5, may not:
(A) make an arrest;
(B) conduct a search or seizure of a person or property; or
(C) carry a firearm;
unless the conservation reserve officer successfully completes a
pre-basic course under IC 5-2-1-9(f); and
(7) may be covered by the medical treatment and burial expense
provisions of the worker's compensation law (IC 22-3-2 through
IC 22-3-6) and the worker's occupational diseases law (IC
22-3-7).
If compensability of an injury covered under subdivision (7) is an issue,
the administrative procedures of IC 22-3-2 through IC 22-3-6 and
IC 22-3-7 must be used to resolve the issue.
(c) A conservation reserve officer carrying out lake patrol duties
under this chapter is immune from liability under IC 34-30-12,
notwithstanding the payment of compensation to the conservation
reserve officer.
(d) The department may adopt rules under IC 4-22-2 to implement
this section and to limit the authority of conservation reserve officers.".
Page 15, delete lines 1 through 35.
Page 15, line 39, delete "IC 10-10.5-5-6," and insert "IC
10-10.5-5,".
Page 16, between lines 6 and 7, begin a new paragraph and insert:
"SECTION 8. IC 20-26-18.2-3, AS ADDED BY P.L.172-2013,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) A school resource officer may:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property using the
reasonable suspicion standard;
(3) carry a firearm on or off school property; and
(4) exercise other police powers with respect to the enforcement
of Indiana laws.
(b) A school resource officer who has completed Tier I or Tier II
basic training requirements established by the law enforcement
training board under IC 5-2-1-9 has statewide jurisdiction. A school
resource officer who has completed a pre-basic course described in
IC 5-2-1-9(f) but who has not completed Tier I or Tier II basic
training requirements established by the law enforcement training
board under IC 5-2-1-9 is subject to the limitations set forth in
IC 10-10.5-5. in every county where the school corporation or charter
school engaging the officer operates a school or where the school
HB 1186—LS 6611/DI 116 39
corporation or charter school's students reside. This subsection does not
restrict the jurisdiction that a school resource officer may possess due
to the officer's employment by a law enforcement agency.".
Page 16, line 10, delete "IC 10-10.5-5-6," and insert "IC
10-10.5-5,".
Page 19, delete lines 22 through 24, begin a new line block indented
and insert:
"(33) operating a motor vehicle in the immediate vicinity of a
highway worksite when workers are present with the intent to
inflict bodily injury on a worker under IC 9-21-8-56(c)(2).".
Page 19, line 32, delete "IC 10-10.5-5-6," and insert "IC
10-10.5-5,".
Page 20, after line 15, begin a new paragraph and insert:
"SECTION 13. IC 36-8-3-20, AS AMENDED BY P.L.173-2023,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 20. (a) This section applies to counties and towns
as well as cities.
(b) A unit shall provide by ordinance the number of police reserve
officers that the department may appoint.
(c) Police reserve officers shall be appointed by the same authority
that appoints regular members of the department.
(d) Police reserve officers may be designated by another name
specified by ordinance.
(e) Subject to IC 10-10.5-5, police reserve officers may not be
members of the regular police department but have all of the same
police powers as regular members, except as limited by the rules of the
department. Each department may adopt rules to limit the authority of
police reserve officers.
(f) To the extent that money is appropriated for a purpose listed in
this subsection, police reserve officers may receive any of the
following:
(1) A uniform allowance.
(2) Compensation for time lost from other employment because
of court appearances.
(3) In the case of county police reserve officers, compensation for
lake patrol duties that the county sheriff assigns and approves for
compensation.
(g) Police reserve officers are not eligible to participate in any
pension program provided for regular members of the department.
(h) A police reserve officer may not be appointed until the officer
has completed the training and probationary period specified by rules
of the department.
HB 1186—LS 6611/DI 116 40
(i) A police reserve officer appointed by the department after June
30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the police reserve officer successfully completes a pre-basic
course under IC 5-2-1-9(f).
(j) A police reserve officer carrying out lake patrol duties under this
chapter is immune from liability under IC 34-30-12, notwithstanding
the payment of compensation to the officer.
(k) After June 30, 2015, a police reserve officer who has
satisfactorily completed pre-basic training and has been appointed to
a law enforcement department or agency on either a full-time or
part-time basis is not eligible for continued employment unless the
police reserve officer satisfactorily completes the mandatory inservice
training requirements established by rules adopted by the law
enforcement training board (created by IC 5-2-1-3). Inservice training
must include training in interacting with persons with mental illness,
addictive disorders, intellectual disabilities, autism, developmental
disabilities, and Alzheimer's disease or related senile dementia, to be
provided by persons approved by the secretary of family and social
services and the board. The inservice training must also concern human
and sexual trafficking and high risk missing persons (as defined in
IC 5-2-17-1). The board may approve courses offered by other public
or private training entities, including postsecondary educational
institutions, as necessary in order to ensure the availability of an
adequate number of inservice training programs. The board may waive
a police reserve officer's inservice training requirements if the board
determines that the police reserve officer's reason for lacking the
required amount of inservice training hours is due to either of the
following:
(1) An emergency situation.
(2) The unavailability of courses.
(l) After December 31, 2017, a unit shall:
(1) provide the coverage specified in section 22 of this chapter;
and
(2) pay the amounts specified in section 23 of this chapter;
for a police reserve officer who is injured or contracts an illness in the
course of or as the result of the performance of duties as a police
reserve officer.
(m) A unit may purchase policies of group insurance or establish a
plan of self-insurance to meet its obligations under section 22 or 23 of
HB 1186—LS 6611/DI 116 41
this chapter. The establishment of a self-insurance program under this
subsection is subject to the approval of the unit's fiscal body. Expenses
incurred for premiums for insurance or for other charges or expenses
under sections 22 and 23 of this chapter shall be paid out of the unit's
general fund in the same manner as other expenses of the unit are paid.
SECTION 14. IC 36-8-10-10.6, AS AMENDED BY P.L.114-2012,
SECTION 149, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 10.6. (a) The sheriff may appoint
as a special deputy any person who is employed by a governmental
entity as defined in IC 35-31.5-2-144 or private employer, the nature
of which employment necessitates that the person have the powers of
a law enforcement officer. Subject to IC 10-10.5-5, during the term of
the special deputy's appointment and while the special deputy is
fulfilling the specific responsibilities for which the appointment is
made, a special deputy has the powers, privileges, and duties of a
county police officer under this chapter, subject to any written
limitations and specific requirements imposed by the sheriff and signed
by the special deputy. A special deputy is subject to the direction of the
sheriff and shall obey the rules and orders of the department. A special
deputy may be removed by the sheriff at any time, without notice and
without assigning any cause.
(b) The sheriff shall fix the prerequisites of training, education, and
experience for special deputies, subject to the minimum requirements
prescribed by this subsection. Applicants must:
(1) be twenty-one (21) years of age or older;
(2) never have been convicted of a felony, or a misdemeanor
involving moral turpitude;
(3) be of good moral character; and
(4) have sufficient training to insure the proper performance of
their authorized duties.
(c) Except as provided in subsection (d), a special deputy shall wear
a uniform the design and color of which is easily distinguishable from
the uniforms of the Indiana state police, the regular county police force,
and all municipal police and fire forces located in the county.
(d) The sheriff may permit a special deputy to wear the uniform of
the regular county police force if the special deputy:
(1) has successfully completed the minimum basic training
requirements under IC 5-2-1;
(2) is periodically assigned by the sheriff to duties of a regular
county police officer; and
(3) is an employee of the department.
The sheriff may revoke permission for the special deputy to wear the
HB 1186—LS 6611/DI 116 42
uniform of the regular county police force at any time without cause or
notice.
(e) The sheriff may also appoint one (1) legal deputy, who must be
a member of the Indiana bar. The legal deputy does not have police
powers. The legal deputy may continue to practice law. However,
neither the legal deputy nor any attorney in partnership with the legal
deputy may represent a defendant in a criminal case.
(f) The sheriff, for the purpose of guarding prisoners in the county
jail:
(1) in counties not having a consolidated city, may appoint special
deputies to serve as county jail guards; and
(2) in counties having a consolidated city, shall appoint only
special deputies to serve as county jail guards.
This subsection does not affect the rights or liabilities accrued by any
county police officer assigned to guard the jail before August 31,
1982.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1186 as introduced.)
BARTELS
Committee Vote: yeas 10, nays 0.
HB 1186—LS 6611/DI 116