*HB1186.3*
Reprinted
February 18, 2025
HOUSE BILL No. 1186
_____
DIGEST OF HB 1186 (Updated February 17, 2025 4:23 pm - DI 106)
Citations Affected: IC 5-2; IC 5-10; IC 10-10.5; IC 14-9; IC 14-33;
IC 20-26; IC 35-31.5; IC 35-42; IC 35-44.1; 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
(Continued next page)
Effective: July 1, 2025.
Bartels, Commons, Gore
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.
February 13, 2025, amended, reported — Do Pass.
February 17, 2025, read second time, amended, ordered engrossed.
HB 1186—LS 6611/DI 116 Digest Continued
reserve deputies and jail deputies, employed by the Marion County
sheriff's office on July 1, 2025, shall be certified by the law
enforcement training board (board) as Tier II law enforcement officers.
Requires the Marion County sheriff's office to submit to the board a list
of deputies who have successfully completed at least the minimum
basic training requirements at the Marion County Sheriff's Office
Academy. Makes changes to the definition of a "law enforcement
officer" for purposes of mandatory training for law enforcement
officers. Increases the penalty for criminal recklessness from a Class B
to a Class A misdemeanor. Specifies that the immunities and
limitations on liability that apply to a law enforcement officer (and the
officer's employing agency) acting within the officer's jurisdictional
area also apply to an officer (and employing agency) acting outside the
jurisdictional area under certain circumstances. Makes pointing a
firearm by a passenger in a vehicle whose driver is committing criminal
recklessness a Level 6 felony under certain circumstances. Provides
that a school resource officer may pursue a person who flees from a
school resource officer after the school resource officer has, by visible
or audible means, including the operation of the school resource
officer's siren or emergency lights, identified themself and ordered the
person to stop. 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 Reprinted
February 18, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1186
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-1-2, AS AMENDED BY P.L.173-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 2. For the purposes of this chapter, and unless the
4 context clearly denotes otherwise, the following definitions apply
5 throughout this chapter:
6 (1) "Law enforcement officer" means an appointed officer or
7 employee hired by and on the payroll of the state, any of the
8 state's political subdivisions, a hospital police department (as
9 described in IC 16-18-4), a tribal police officer (as described in
10 IC 5-2-24), or a public or private postsecondary educational
11 institution whose board of trustees has established a police
12 department under IC 21-17-5-2 or IC 21-39-4-2 who is granted
13 lawful authority to enforce all or some of the penal laws of the
14 state of Indiana and who possesses, with respect to those laws, the
15 power to effect arrests for offenses committed in the officer's or
HB 1186—LS 6611/DI 116 2
1 employee's presence. The term includes a special officer
2 employed by a consolidated city full time after June 30, 2023,
3 to perform park ranger duties and a deputy of the Marion
4 County sheriff's office. However, except as otherwise provided
5 in this chapter, the following are expressly excluded from the
6 term "law enforcement officer" for the purposes of this chapter:
7 (A) A constable.
8 (B) A special officer whose powers and duties are described
9 in IC 36-8-3-7 or a special deputy whose powers and duties are
10 described in IC 36-8-10-10.6. However, a special officer
11 employed by a consolidated city full time after June 30, 2023,
12 to perform park ranger duties is a law enforcement officer for
13 the purposes of this chapter.
14 (C) A county police reserve officer who receives compensation
15 for lake patrol duties under IC 36-8-3-20(f)(3).
16 (D) A conservation reserve officer who receives compensation
17 for lake patrol duties under IC 14-9-8-27.
18 (E) An employee of the gaming commission whose powers
19 and duties are described in IC 4-32.3-9.
20 (F) A correctional police officer described in IC 11-8-9.
21 For purposes of section 12.5 of this chapter, the term includes a
22 police reserve officer (as described in IC 36-8-3-20), even if the
23 police reserve officer works as a volunteer.
24 (2) "Board" means the law enforcement training board created by
25 this chapter.
26 (3) "Executive training program" means the police chief executive
27 training program developed by the board under section 9 of this
28 chapter.
29 (4) "Law enforcement training council" means one (1) of the
30 confederations of law enforcement agencies recognized by the
31 board and organized for the sole purpose of sharing training,
32 instructors, and related resources.
33 (5) "Training regarding the lawful use of force" includes
34 classroom and skills training in the proper application of hand to
35 hand defensive tactics, use of firearms, and other methods of:
36 (A) overcoming unlawful resistance; or
37 (B) countering other action that threatens the safety of the
38 public or a law enforcement officer.
39 (6) "Hiring or appointing authority" means:
40 (A) the chief executive officer, board, or other entity of a
41 police department or agency with authority to appoint and hire
42 law enforcement officers; or
HB 1186—LS 6611/DI 116 3
1 (B) the governor, mayor, board, or other entity with the
2 authority to appoint a chief executive officer of a police
3 department or agency.
4 (7) "Crisis intervention team" refers to a local coalition with a
5 goal of improving the manner in which law enforcement and the
6 community respond to crisis situations in which an individual is
7 experiencing a mental health or addictive disorder crisis.
8 (8) "Law enforcement agency" means a state agency, a political
9 subdivision, a hospital police department (as described in
10 IC 16-18-4), a tribal law enforcement agency (as described in
11 IC 5-2-24), or a public or private postsecondary educational
12 institution that employs and has on its payroll a law enforcement
13 officer, including individuals described in subdivision (1)(A)
14 through (1)(F).
15 SECTION 2. IC 5-2-1-9, AS AMENDED BY P.L.170-2023,
16 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 9. (a) The board shall adopt in accordance with
18 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
19 The rules, which shall be adopted only after necessary and proper
20 investigation and inquiry by the board, shall include the establishment
21 of the following:
22 (1) A consistent and uniform statewide deadly force policy and
23 training program, that is consistent with state and federal law.
24 Upon adoption by the law enforcement training board, the policy
25 and training program must be implemented, without modification,
26 by all Indiana law enforcement agencies, offices, or departments.
27 (2) A consistent and uniform statewide defensive tactics policy
28 and training program, that is consistent with state and federal law.
29 Upon adoption by the law enforcement training board, the policy
30 and training program must be implemented, without modification,
31 by all Indiana law enforcement agencies, offices, or departments.
32 (3) A uniform statewide minimum standard for vehicle pursuits
33 consistent with state and federal law.
34 (4) Minimum standards of physical, educational, mental, and
35 moral fitness which shall govern the acceptance of any person for
36 training by any law enforcement training school or academy
37 meeting or exceeding the minimum standards established
38 pursuant to this chapter.
39 (5) Minimum standards for law enforcement training schools
40 administered by towns, cities, counties, law enforcement training
41 centers, agencies, or departments of the state.
42 (6) Minimum standards for courses of study, attendance
HB 1186—LS 6611/DI 116 4
1 requirements, equipment, and facilities for approved town, city,
2 county, and state law enforcement officer, police reserve officer,
3 and conservation reserve officer training schools.
4 (7) Minimum standards for a course of study on cultural diversity
5 awareness, including training on the U nonimmigrant visa created
6 through the federal Victims of Trafficking and Violence
7 Protection Act of 2000 (P.L. 106-386) that must be required for
8 each person accepted for training at a law enforcement training
9 school or academy. Cultural diversity awareness study must
10 include an understanding of cultural issues related to race,
11 religion, gender, age, domestic violence, national origin, and
12 physical and mental disabilities.
13 (8) Minimum qualifications for instructors at approved law
14 enforcement training schools.
15 (9) Minimum basic training requirements which law enforcement
16 officers appointed to probationary terms shall complete before
17 being eligible for continued or permanent employment.
18 (10) Minimum basic training requirements which law
19 enforcement officers appointed on other than a permanent basis
20 shall complete in order to be eligible for continued employment
21 or permanent appointment.
22 (11) Minimum basic training requirements which law
23 enforcement officers appointed on a permanent basis shall
24 complete in order to be eligible for continued employment.
25 (12) Minimum basic training requirements for each person
26 accepted for training at a law enforcement training school or
27 academy that include six (6) hours of training in interacting with:
28 (A) persons with autism, mental illness, addictive disorders,
29 intellectual disabilities, and developmental disabilities;
30 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
31 and
32 (C) persons with Alzheimer's disease or related senile
33 dementia;
34 to be provided by persons approved by the secretary of family and
35 social services and the board. The training must include an
36 overview of the crisis intervention teams.
37 (13) Minimum standards for a course of study on human and
38 sexual trafficking that must be required for each person accepted
39 for training at a law enforcement training school or academy and
40 for inservice training programs for law enforcement officers. The
41 course must cover the following topics:
42 (A) Examination of the human and sexual trafficking laws
HB 1186—LS 6611/DI 116 5
1 (IC 35-42-3.5).
2 (B) Identification of human and sexual trafficking.
3 (C) Communicating with traumatized persons.
4 (D) Therapeutically appropriate investigative techniques.
5 (E) Collaboration with federal law enforcement officials.
6 (F) Rights of and protections afforded to victims.
7 (G) Providing documentation that satisfies the Declaration of
8 Law Enforcement Officer for Victim of Trafficking in Persons
9 (Form I-914, Supplement B) requirements established under
10 federal law.
11 (H) The availability of community resources to assist human
12 and sexual trafficking victims.
13 (14) Minimum standards for ongoing specialized, intensive, and
14 integrative training for persons responsible for investigating
15 sexual assault cases involving adult victims. This training must
16 include instruction on:
17 (A) the neurobiology of trauma;
18 (B) trauma informed interviewing; and
19 (C) investigative techniques.
20 (15) Minimum standards for de-escalation training. De-escalation
21 training shall be taught as a part of existing use-of-force training
22 and not as a separate topic.
23 (16) Minimum standards regarding best practices for crowd
24 control, protests, and First Amendment activities.
25 (17) Minimum standards for basic training and inservice training
26 programs, which may be completed online or by other means of
27 virtual instruction, that occur after December 31, 2024, and that
28 address the mental health and wellness of law enforcement
29 officers including:
30 (A) healthy coping skills to preserve the mental health of law
31 enforcement officers and manage the stress and trauma of
32 policing;
33 (B) recognizing:
34 (i) symptoms of posttraumatic stress disorder; and
35 (ii) signs of suicidal behavior; and
36 (C) information on mental health resources available for law
37 enforcement officers.
38 All statewide policies and minimum standards shall be documented in
39 writing and published on the Indiana law enforcement academy (ILEA)
40 website. Any policy, standard, or training program implemented,
41 adopted, or promulgated by a vote of the board may only subsequently
42 be modified or rescinded by a two-thirds (2/3) majority vote of the
HB 1186—LS 6611/DI 116 6
1 board.
2 (b) A law enforcement officer appointed after July 5, 1972, and
3 before July 1, 1993, may not enforce the laws or ordinances of the state
4 or any political subdivision unless the officer has, within one (1) year
5 from the date of appointment, successfully completed the minimum
6 basic training requirements established under this chapter by the board.
7 If a person fails to successfully complete the basic training
8 requirements within one (1) year from the date of employment, the
9 officer may not perform any of the duties of a law enforcement officer
10 involving control or direction of members of the public or exercising
11 the power of arrest until the officer has successfully completed the
12 training requirements. This subsection does not apply to any law
13 enforcement officer appointed before July 6, 1972, or after June 30,
14 1993.
15 (c) Military leave or other authorized leave of absence from law
16 enforcement duty during the first year of employment after July 6,
17 1972, shall toll the running of the first year, which shall be calculated
18 by the aggregate of the time before and after the leave, for the purposes
19 of this chapter.
20 (d) Except as provided in subsections (e), (m), (t), and (u), a law
21 enforcement officer appointed to a law enforcement department or
22 agency after June 30, 1993, may not:
23 (1) make an arrest;
24 (2) conduct a search or a seizure of a person or property; or
25 (3) carry a firearm;
26 unless the law enforcement officer successfully completes, at a board
27 certified law enforcement academy or at a law enforcement training
28 center under section 10.5 or 15.2 of this chapter, the basic training
29 requirements established by the board under this chapter.
30 (e) This subsection does not apply to:
31 (1) a gaming agent employed as a law enforcement officer by the
32 Indiana gaming commission; or
33 (2) an:
34 (A) attorney; or
35 (B) investigator;
36 designated by the securities commissioner as a police officer of
37 the state under IC 23-19-6-1(k).
38 Before a law enforcement officer appointed after June 30, 1993,
39 completes the basic training requirements, the law enforcement officer
40 may exercise the police powers described in subsection (d), subject to
41 the limitations provided in IC 10-10.5-5, if the officer successfully
42 completes the pre-basic course established in subsection (f). Successful
HB 1186—LS 6611/DI 116 7
1 completion of the pre-basic course authorizes a law enforcement officer
2 to exercise the police powers described in subsection (d) for one (1)
3 year after the date the law enforcement officer is appointed.
4 (f) The board shall adopt rules under IC 4-22-2 to establish a
5 pre-basic course for the purpose of training:
6 (1) law enforcement officers;
7 (2) police reserve officers (as described in IC 36-8-3-20); and
8 (3) conservation reserve officers (as described in IC 14-9-8-27);
9 regarding the subjects of arrest, search and seizure, the lawful use of
10 force, de-escalation training, interacting with individuals with autism,
11 and the operation of an emergency vehicle. The pre-basic course must
12 be offered on a periodic basis throughout the year at regional sites
13 statewide. The pre-basic course must consist of at least forty (40) hours
14 of course work. The board may prepare the classroom part of the
15 pre-basic course using available technology in conjunction with live
16 instruction. The board shall provide the course material, the instructors,
17 and the facilities at the regional sites throughout the state that are used
18 for the pre-basic course. In addition, the board may certify pre-basic
19 courses that may be conducted by other public or private training
20 entities, including postsecondary educational institutions.
21 (g) Subject to subsection (h), the board shall adopt rules under
22 IC 4-22-2 to establish a mandatory inservice training program for
23 police officers and police reserve officers (as described in
24 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
25 satisfactorily completed basic training and has been appointed to a law
26 enforcement department or agency on either a full-time or part-time
27 basis is not eligible for continued employment unless the officer
28 satisfactorily completes the mandatory inservice training requirements
29 established by rules adopted by the board. Inservice training must
30 include de-escalation training. Inservice training must also include:
31 (1) training:
32 (A) in interacting with persons with mental illness, addictive
33 disorders, intellectual disabilities, autism, developmental
34 disabilities, and Alzheimer's disease or related senile
35 dementia; and
36 (B) provided by persons approved by the secretary of family
37 and social services and the board;
38 (2) after December 31, 2024, annual training, which may be
39 completed online or by other means of virtual instruction, that
40 addresses the mental health and wellness of law enforcement
41 officers including:
42 (A) healthy coping skills to preserve the mental health of law
HB 1186—LS 6611/DI 116 8
1 enforcement officers and manage the stress and trauma of
2 policing;
3 (B) recognizing:
4 (i) symptoms of posttraumatic stress disorder; and
5 (ii) signs of suicidal behavior; and
6 (C) information on mental health resources available for law
7 enforcement officers; and
8 (3) training concerning:
9 (A) human and sexual trafficking; and
10 (B) high risk missing persons (as defined in IC 5-2-17-1).
11 The board may approve courses offered by other public or private
12 training entities, including postsecondary educational institutions, as
13 necessary in order to ensure the availability of an adequate number of
14 inservice training programs. The board may waive an officer's inservice
15 training requirements if the board determines that the officer's reason
16 for lacking the required amount of inservice training hours is due to
17 either an emergency situation or the unavailability of courses.
18 (h) This subsection applies only to a mandatory inservice training
19 program under subsection (g). Notwithstanding subsection (g), the
20 board may, without adopting rules under IC 4-22-2, modify the course
21 work of a training subject matter, modify the number of hours of
22 training required within a particular subject matter, or add a new
23 subject matter, if the board satisfies the following requirements:
24 (1) The board must conduct at least two (2) public meetings on
25 the proposed modification or addition.
26 (2) After approving the modification or addition at a public
27 meeting, the board must post notice of the modification or
28 addition on the Indiana law enforcement academy's website at
29 least thirty (30) days before the modification or addition takes
30 effect.
31 If the board does not satisfy the requirements of this subsection, the
32 modification or addition is void. This subsection does not authorize the
33 board to eliminate any inservice training subject matter required under
34 subsection (g).
35 (i) The board shall also adopt rules establishing a town marshal and
36 conservancy district marshal basic training program, subject to the
37 following:
38 (1) The program must require fewer hours of instruction and class
39 attendance and fewer courses of study than are required for the
40 mandated basic training program.
41 (2) Certain parts of the course materials may be studied by a
42 candidate at the candidate's home in order to fulfill requirements
HB 1186—LS 6611/DI 116 9
1 of the program.
2 (3) Law enforcement officers successfully completing the
3 requirements of the program are eligible for appointment only in
4 towns employing the town marshal system (IC 36-5-7) or a
5 conservancy district that employs a conservancy district marshal
6 under IC 14-33-25 and having not more than one (1) marshal and
7 six (6) deputies.
8 (4) The limitation imposed by subdivision (3) does not apply to an
9 officer who has successfully completed the mandated basic
10 training program.
11 (5) The time limitations imposed by subsections (b) and (c) for
12 completing the training are also applicable to the marshal basic
13 training program.
14 (6) The program must require training in interacting with
15 individuals with autism.
16 (j) The board shall adopt rules under IC 4-22-2 to establish an
17 executive training program. The executive training program must
18 include training in the following areas:
19 (1) Liability.
20 (2) Media relations.
21 (3) Accounting and administration.
22 (4) Discipline.
23 (5) Department policy making.
24 (6) Lawful use of force and de-escalation training.
25 (7) Department programs.
26 (8) Emergency vehicle operation.
27 (9) Cultural diversity.
28 (10) After December 31, 2024, mental health and wellness and
29 suicide prevention of law enforcement officers. The training
30 requirement under this subdivision may be provided as part of an
31 online course or by other means of virtual instruction.
32 (k) A police chief shall apply for admission to the executive training
33 program within two (2) months of the date the police chief initially
34 takes office. A police chief must successfully complete the executive
35 training program within six (6) months of the date the police chief
36 initially takes office. However, if space in the executive training
37 program is not available at a time that will allow completion of the
38 executive training program within six (6) months of the date the police
39 chief initially takes office, the police chief must successfully complete
40 the next available executive training program that is offered after the
41 police chief initially takes office.
42 (l) A police chief who fails to comply with subsection (k) may not
HB 1186—LS 6611/DI 116 10
1 continue to serve as the police chief until completion of the executive
2 training program. For the purposes of this subsection and subsection
3 (k), "police chief" refers to:
4 (1) the police chief of any city;
5 (2) the police chief of any town having a metropolitan police
6 department; and
7 (3) the chief of a consolidated law enforcement department
8 established under IC 36-3-1-5.1.
9 A town marshal or a conservancy district marshal is not considered to
10 be a police chief for these purposes, but a town marshal or a
11 conservancy district marshal may enroll in the executive training
12 program.
13 (m) A fire investigator in the department of homeland security
14 appointed after December 31, 1993, is required to comply with the
15 basic training standards established under this chapter.
16 (n) The board shall adopt rules under IC 4-22-2 to establish a
17 program to certify handgun safety courses, including courses offered
18 in the private sector, that meet standards approved by the board for
19 training probation officers in handgun safety as required by
20 IC 11-13-1-3.5(2).
21 (o) The board shall adopt rules under IC 4-22-2 to establish a
22 refresher course for an officer who:
23 (1) is hired by an Indiana law enforcement department or agency
24 as a law enforcement officer;
25 (2) has not been employed as a law enforcement officer for:
26 (A) at least two (2) years; and
27 (B) less than six (6) years before the officer is hired under
28 subdivision (1); and
29 (3) completed at any time a basic training course certified or
30 recognized by the board before the officer is hired under
31 subdivision (1).
32 (p) An officer to whom subsection (o) applies must successfully
33 complete the refresher course described in subsection (o) not later than
34 six (6) months after the officer's date of hire, or the officer loses the
35 officer's powers of:
36 (1) arrest;
37 (2) search; and
38 (3) seizure.
39 (q) The board shall adopt rules under IC 4-22-2 to establish a
40 refresher course for an officer who:
41 (1) is appointed by an Indiana law enforcement department or
42 agency as a reserve police officer; and
HB 1186—LS 6611/DI 116 11
1 (2) has not worked as a reserve police officer for at least two (2)
2 years after:
3 (A) completing the pre-basic course; or
4 (B) leaving the individual's last appointment as a reserve
5 police officer.
6 An officer to whom this subsection applies must successfully complete
7 the refresher course established by the board in order to work as a
8 reserve police officer.
9 (r) This subsection applies to an individual who, at the time the
10 individual completes a board certified or recognized basic training
11 course, has not been appointed as a law enforcement officer by an
12 Indiana law enforcement department or agency. If the individual is not
13 employed as a law enforcement officer for at least two (2) years after
14 completing the basic training course, the individual must successfully
15 retake and complete the basic training course as set forth in subsection
16 (d).
17 (s) The board shall adopt rules under IC 4-22-2 to establish a
18 refresher course for an individual who:
19 (1) is appointed as a board certified instructor of law enforcement
20 training; and
21 (2) has not provided law enforcement training instruction for
22 more than one (1) year after the date the individual's instructor
23 certification expired.
24 An individual to whom this subsection applies must successfully
25 complete the refresher course established by the board in order to
26 renew the individual's instructor certification.
27 (t) This subsection applies only to a gaming agent employed as a
28 law enforcement officer by the Indiana gaming commission. A gaming
29 agent appointed after June 30, 2005, may exercise the police powers
30 described in subsection (d) if:
31 (1) the agent successfully completes the pre-basic course
32 established in subsection (f); and
33 (2) the agent successfully completes any other training courses
34 established by the Indiana gaming commission in conjunction
35 with the board.
36 (u) This subsection applies only to a securities enforcement officer
37 designated as a law enforcement officer by the securities
38 commissioner. A securities enforcement officer may exercise the police
39 powers described in subsection (d) if:
40 (1) the securities enforcement officer successfully completes the
41 pre-basic course established in subsection (f); and
42 (2) the securities enforcement officer successfully completes any
HB 1186—LS 6611/DI 116 12
1 other training courses established by the securities commissioner
2 in conjunction with the board.
3 (v) This subsection applies only to a correctional police officer
4 employed by the department of correction. A correctional police officer
5 may exercise the police powers described in subsection (d) if:
6 (1) the officer successfully completes the pre-basic course
7 described in subsection (f); and
8 (2) the officer successfully completes any other training courses
9 established by the department of correction in conjunction with
10 the board.
11 (w) This subsection applies only to the sexual assault training
12 described in subsection (a)(14). The board shall:
13 (1) consult with experts on the neurobiology of trauma, trauma
14 informed interviewing, and investigative techniques in developing
15 the sexual assault training; and
16 (2) develop the sexual assault training and begin offering the
17 training not later than July 1, 2022.
18 (x) After July 1, 2023, a law enforcement officer who regularly
19 investigates sexual assaults involving adult victims must complete the
20 training requirements described in subsection (a)(14) within one (1)
21 year of being assigned to regularly investigate sexual assaults involving
22 adult victims.
23 (y) A law enforcement officer who regularly investigates sexual
24 assaults involving adult victims may complete the training
25 requirements described in subsection (a)(14) by attending a:
26 (1) statewide or national training; or
27 (2) department hosted local training.
28 (z) Notwithstanding any other provisions of this section, the board
29 is authorized to establish certain required standards of training and
30 procedure.
31 SECTION 3. IC 5-2-1-21 IS ADDED TO THE INDIANA CODE
32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33 1, 2025]: Sec. 21. (a) Notwithstanding any other law, all deputies,
34 excluding reserve deputies and jail deputies appointed under
35 IC 36-8-10-10.6(f), employed by the Marion County sheriff's office
36 on July 1, 2025, shall be certified by the board as Tier II law
37 enforcement officers, unless the deputy is otherwise certified as a
38 Tier I law enforcement officer. The Marion County sheriff's office
39 shall submit to the board a list of those deputies who have
40 successfully completed at least the minimum basic training
41 requirements at the Marion County Sheriff's Office Academy. The
42 board shall transmit certificates of the certifications and other
HB 1186—LS 6611/DI 116 13
1 related documentation to the Marion County sheriff's office not
2 later than September 1, 2025.
3 (b) After June 30, 2025, the Indiana law enforcement academy
4 located in Plainfield, Indiana, shall admit individuals newly hired
5 by the Marion County sheriff's office in the same manner and
6 proportion as other law enforcement agencies provided that the
7 individuals are hired as full-time law enforcement officers of the
8 Marion County sheriff's office.
9 SECTION 4. IC 5-10-10-4, AS AMENDED BY P.L.119-2022,
10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 4. As used in this chapter, "public safety officer"
12 means any of the following:
13 (1) A state police officer.
14 (2) A county sheriff.
15 (3) A county police officer.
16 (4) A correctional officer. correctional professional, which
17 includes a correctional officer, correctional police officer, or
18 any employee of the department of correction.
19 (5) An excise police officer.
20 (6) A county police reserve officer.
21 (7) A city or town police reserve officer.
22 (8) A conservation enforcement officer.
23 (9) A town marshal.
24 (10) A deputy town marshal.
25 (11) A probation officer.
26 (12) A state educational institution police officer appointed under
27 IC 21-39-4.
28 (13) A police officer whose employer purchases coverage under
29 section 4.5 of this chapter.
30 (14) An emergency medical services provider (as defined in
31 IC 16-41-10-1) who is:
32 (A) employed by a political subdivision (as defined in
33 IC 36-1-2-13); and
34 (B) not eligible for a special death benefit under IC 36-8-6-20,
35 IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20.
36 (15) A firefighter who is employed by the fire department of a
37 state university.
38 (16) A firefighter whose employer purchases coverage under
39 section 4.5 of this chapter.
40 (17) A member of a consolidated law enforcement department
41 established under IC 36-3-1-5.1.
42 (18) A gaming agent of the Indiana gaming commission.
HB 1186—LS 6611/DI 116 14
1 (19) A person who is:
2 (A) employed by a political subdivision (as defined in
3 IC 36-1-2-13); and
4 (B) appointed as a special deputy under IC 36-8-10-10.6.
5 (20) A school corporation police officer appointed under
6 IC 20-26-16.
7 (21) A gaming control officer of the Indiana gaming commission.
8 (22) An eligible chaplain who meets the requirements of section
9 4.7 of this chapter.
10 (23) A community corrections officer.
11 (24) An eligible emergency medical services provider who meets
12 the requirements of section 4.8 of this chapter.
13 (25) An emergency medical services provider whose employer
14 purchases coverage under section 4.9 of this chapter.
15 (26) An emergency management worker (as defined in
16 IC 10-14-3-3), including:
17 (A) an employee of the Indiana department of homeland
18 security who is working in an official capacity as an employee
19 during a disaster or an emergency response; or
20 (B) an employee of a political subdivision who is employed as:
21 (i) an emergency management director;
22 (ii) an assistant emergency management director; or
23 (iii) a deputy emergency management director;
24 for the political subdivision.
25 (27) A division fire investigator (as described in IC 22-14-2-8).
26 (28) A school resource officer (as defined in IC 20-26-18.2-1)
27 who is not otherwise entitled to a line of duty benefit under:
28 (A) IC 36-8-6-20;
29 (B) IC 36-8-7.5-22; or
30 (C) IC 36-8-8-20;
31 while acting as a school resource officer.
32 (29) A county coroner.
33 (30) A deputy county coroner.
34 SECTION 5. IC 5-10-13-2, AS AMENDED BY P.L.178-2022(ts),
35 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 2. As used in this chapter, "employee" means an
37 individual who:
38 (1) is employed full time by the state or a political subdivision of
39 the state as:
40 (A) a member of a fire department (as defined in IC 36-8-1-8);
41 (B) an emergency medical services provider (as defined in
42 IC 16-41-10-1);
HB 1186—LS 6611/DI 116 15
1 (C) a member of a police department (as defined in
2 IC 36-8-1-9);
3 (D) a correctional officer (as defined in IC 5-10-10-1.5);
4 correctional professional, which includes a correctional
5 officer (as defined in IC 5-10-10-1.5), correctional police
6 officer, or any employee of the department of correction;
7 (E) a state police officer;
8 (F) a county police officer;
9 (G) a county sheriff;
10 (H) an excise police officer;
11 (I) a conservation enforcement officer;
12 (J) a town marshal;
13 (K) a deputy town marshal;
14 (L) a department of homeland security fire investigator;
15 (M) a member of a consolidated law enforcement department
16 established under IC 36-3-1-5.1;
17 (N) a county coroner; or
18 (O) a deputy county coroner;
19 (2) in the course of the individual's employment is at high risk for
20 occupational exposure to an exposure risk disease; and
21 (3) is not employed elsewhere in a similar capacity.
22 SECTION 6. IC 10-10.5-5 IS ADDED TO THE INDIANA CODE
23 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]:
25 Chapter 5. Limitations of Police Powers for Certain Law
26 Enforcement Officers
27 Sec. 1. As used in this chapter, "board" has the meaning set
28 forth in IC 5-2-1-2(2).
29 Sec. 2. As used in this chapter, "law enforcement agency" has
30 the meaning set forth in IC 5-2-1-2(8).
31 Sec. 3. As used in this chapter, "police powers" refers to a law
32 enforcement officer's authority described in IC 5-2-1-9(d).
33 Sec. 4. (a) Except as provided in section 5 of this chapter, a law
34 enforcement officer, including a constable, a school resource
35 officer, special deputy, or reserve officer, who has completed a
36 pre-basic course described in IC 5-2-1-9(f), but who has not
37 completed Tier I or Tier II basic training requirements established
38 by the board under IC 5-2-1-9, may not exercise police powers
39 outside the jurisdiction of the appointing law enforcement agency.
40 (b) Except as provided in section 5 of this chapter, a law
41 enforcement officer described in subsection (a) may not wear or
42 display on their person or vehicle an insignia identifying themself
HB 1186—LS 6611/DI 116 16
1 as a law enforcement officer while engaged in off duty
2 employment. Nothing in this subsection shall preclude the law
3 enforcement officer from displaying an insignia on their person or
4 vehicle when traveling to and from the law enforcement officer's
5 residence to work for the appointing law enforcement agency.
6 Sec. 5. (a) Notwithstanding any other law and except as
7 provided in subsection (b), a law enforcement officer described in
8 section 4(a) of this chapter may exercise police powers only when
9 the law enforcement officer is carrying out the duties of the law
10 enforcement agency that appointed the law enforcement officer
11 within the geographic jurisdiction of the appointing law
12 enforcement agency unless:
13 (1) the law enforcement officer is engaging in the:
14 (A) pursuit;
15 (B) apprehension;
16 (C) arrest;
17 (D) search; or
18 (E) investigation;
19 of an individual outside of the geographic jurisdiction of the
20 appointing law enforcement agency for a violation of a law
21 that occurred within the geographic jurisdiction of the
22 appointing law enforcement agency;
23 (2) the law enforcement officer is transferring an individual
24 outside the jurisdiction of the appointing law enforcement
25 agency under the direction of the appointing law enforcement
26 agency;
27 (3) the law enforcement officer:
28 (A) has been dispatched outside the jurisdiction of the
29 appointing law enforcement agency;
30 (B) is responding to a call for assistance or otherwise
31 providing assistance to a law enforcement officer outside
32 the jurisdiction of the appointing law enforcement agency;
33 or
34 (C) is providing backup or determining whether backup
35 may be necessary, including proactively, to another law
36 enforcement officer who is outside the jurisdiction of the
37 appointing law enforcement agency; or
38 (4) exigent circumstances necessitate the use of the police
39 powers.
40 (b) A law enforcement officer described in section 4(a) of this
41 chapter may be authorized to use police powers on behalf of
42 another law enforcement agency or entity only if the appointing
HB 1186—LS 6611/DI 116 17
1 law enforcement agency enters into an agreement with the other
2 law enforcement agency or entity that sets forth the extent of police
3 powers the law enforcement officer may exercise.
4 Sec. 6. (a) A law enforcement officer who exercises jurisdiction
5 outside of the geographic jurisdiction of the appointing law
6 enforcement agency in accordance with section 5(a)(1) through
7 5(a)(4) of this chapter is entitled to the immunities and limitations
8 on liability that apply under Indiana law (including under
9 IC 34-13) to an officer exercising jurisdiction within the geographic
10 jurisdiction of the appointing law enforcement agency.
11 (b) The appointing law enforcement agency of an officer who
12 exercises jurisdiction outside of the geographic jurisdiction of the
13 appointing law enforcement agency in accordance with section
14 5(a)(1) through 5(a)(4) of this chapter is entitled to the immunities
15 and limitations on liability under Indiana law (including under
16 IC 34-13) that apply to an appointing law enforcement agency of
17 an officer exercising jurisdiction within the geographic jurisdiction
18 of the appointing law enforcement agency.
19 SECTION 7. IC 14-9-8-27 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 27. (a) A conservation
21 reserve officer may be appointed to assist the division in the
22 enforcement of watercraft laws and for no other purpose. A
23 conservation reserve officer must be appointed in the same manner that
24 a conservation officer is appointed.
25 (b) A conservation reserve officer:
26 (1) may not be a conservation officer;
27 (2) has the police powers of a conservation officer to enforce
28 watercraft laws, except as limited by the rules of the department;
29 (3) to the extent that money is appropriated for a purpose listed in
30 this subdivision, may receive:
31 (A) a uniform allowance;
32 (B) compensation for time lost from other employment
33 because of court appearances;
34 (C) insurance for life, accident, and sickness coverage;
35 (D) compensation for lake patrol duties that the division
36 director assigns and approves for compensation; or
37 (E) any combination of benefits specified in clauses (A)
38 through (D);
39 (4) is not eligible to participate in a pension program provided for
40 conservation officers;
41 (5) may not be appointed until completion of the following:
42 (A) A minimum of forty (40) hours of general reserve officer
HB 1186—LS 6611/DI 116 18
1 training.
2 (B) A minimum of twelve (12) hours in addition to the training
3 under subdivision (A) in the enforcement of watercraft laws.
4 (C) A probationary period specified by rule of the department;
5 (6) subject to IC 10-10.5-5, may not:
6 (A) make an arrest;
7 (B) conduct a search or seizure of a person or property; or
8 (C) carry a firearm;
9 unless the conservation reserve officer successfully completes a
10 pre-basic course under IC 5-2-1-9(f); and
11 (7) may be covered by the medical treatment and burial expense
12 provisions of the worker's compensation law (IC 22-3-2 through
13 IC 22-3-6) and the worker's occupational diseases law
14 (IC 22-3-7).
15 If compensability of an injury covered under subdivision (7) is an issue,
16 the administrative procedures of IC 22-3-2 through IC 22-3-6 and
17 IC 22-3-7 must be used to resolve the issue.
18 (c) A conservation reserve officer carrying out lake patrol duties
19 under this chapter is immune from liability under IC 34-30-12,
20 notwithstanding the payment of compensation to the conservation
21 reserve officer.
22 (d) The department may adopt rules under IC 4-22-2 to implement
23 this section and to limit the authority of conservation reserve officers.
24 SECTION 8. IC 14-33-25-3, AS ADDED BY P.L.122-2023,
25 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 3. The district marshal is the chief police officer
27 of the district and, except as otherwise provided in IC 10-10.5-5, has
28 the powers of other law enforcement officers in enforcing laws. The
29 district marshal or the district marshal's deputy:
30 (1) shall arrest without process all persons who commit an offense
31 within the district marshal's or deputy's view, take them before a
32 court having jurisdiction, and detain them in custody until the
33 cause of the arrest has been investigated;
34 (2) shall suppress breaches of the peace;
35 (3) may execute search warrants and arrest warrants; and
36 (4) may pursue and jail persons who commit an offense.
37 SECTION 9. IC 20-26-18.2-3, AS ADDED BY P.L.172-2013,
38 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 3. (a) A school resource officer may:
40 (1) make an arrest;
41 (2) conduct a search or a seizure of a person or property using the
42 reasonable suspicion standard;
HB 1186—LS 6611/DI 116 19
1 (3) carry a firearm on or off school property; and
2 (4) pursue a person who flees from a school resource officer
3 after the school resource officer has, by visible or audible
4 means, including the operation of the school resource officer's
5 siren or emergency lights, identified themself and ordered the
6 person to stop; and
7 (4) (5) exercise other police powers with respect to the
8 enforcement of Indiana laws.
9 (b) A school resource officer who has completed Tier I or Tier II
10 basic training requirements established by the law enforcement
11 training board under IC 5-2-1-9 has statewide jurisdiction. A school
12 resource officer who has completed a pre-basic course described in
13 IC 5-2-1-9(f) but who has not completed Tier I or Tier II basic
14 training requirements established by the law enforcement training
15 board under IC 5-2-1-9 is subject to the limitations set forth in
16 IC 10-10.5-5. in every county where the school corporation or charter
17 school engaging the officer operates a school or where the school
18 corporation or charter school's students reside. This subsection does not
19 restrict the jurisdiction that a school resource officer may possess due
20 to the officer's employment by a law enforcement agency.
21 SECTION 10. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
22 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 185. (a) "Law enforcement officer", except as
24 otherwise limited under IC 10-10.5-5, means:
25 (1) a police officer (including a tribal police officer, a correctional
26 police officer, and a hospital police officer employed by a hospital
27 police department established under IC 16-18-4), sheriff,
28 constable, marshal, prosecuting attorney, special prosecuting
29 attorney, special deputy prosecuting attorney, the securities
30 commissioner, or the inspector general;
31 (2) a deputy of any of those persons;
32 (3) an investigator for a prosecuting attorney or for the inspector
33 general;
34 (4) a conservation officer;
35 (5) an enforcement officer of the alcohol and tobacco
36 commission;
37 (6) an enforcement officer of the securities division of the office
38 of the secretary of state; or
39 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
40 control officer employed by the gaming control division under
41 IC 4-33-20.
42 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
HB 1186—LS 6611/DI 116 20
1 includes an alcoholic beverage enforcement officer, as set forth in
2 IC 35-42-2-1.
3 (c) "Law enforcement officer", for purposes of IC 35-45-15,
4 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
5 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
6 IC 35-44.1-3-2, includes a school resource officer (as defined in
7 IC 20-26-18.2-1) and a school corporation police officer appointed
8 under IC 20-26-16.
9 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
10 meaning set forth in IC 35-40.5-1-1.
11 SECTION 11. IC 35-42-2-2, AS AMENDED BY P.L.184-2019,
12 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 2. (a) A person who recklessly, knowingly, or
14 intentionally performs an act that creates a substantial risk of bodily
15 injury to another person commits criminal recklessness. Except as
16 provided in subsection (b), criminal recklessness is a Class B
17 misdemeanor Class A misdemeanor.
18 (b) The offense of criminal recklessness as defined in subsection (a)
19 is:
20 (1) a Level 6 felony if:
21 (A) it is committed while armed with a deadly weapon; or
22 (B) the person committed aggressive driving (as defined in
23 IC 9-21-8-55) that results in serious bodily injury to another
24 person; or
25 (2) a Level 5 felony if:
26 (A) it is committed by shooting a firearm into an occupied
27 motor vehicle, an inhabited dwelling, or other another
28 building or place where people are likely to gather be present;
29 or
30 (B) the person committed aggressive driving (as defined in
31 IC 9-21-8-55) that results in the death or catastrophic injury of
32 another person.
33 (c) A person who:
34 (1) is a passenger in a vehicle whose operator has committed
35 an offense under subsection (a) or (b); and
36 (2) points a firearm at another person, a motor vehicle, a
37 dwelling, or another building or place where people are likely
38 to be present;
39 commits criminal recklessness, a Level 6 felony. It is not a defense
40 to a prosecution under this section that the operator of the motor
41 vehicle has not been charged with or convicted of an offense under
42 this section.
HB 1186—LS 6611/DI 116 21
1 SECTION 12. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
2 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
4 (1) forcibly resists, obstructs, or interferes with a law enforcement
5 officer or a person assisting the officer while the officer is
6 lawfully engaged in the execution of the officer's duties;
7 (2) forcibly resists, obstructs, or interferes with the authorized
8 service or execution of a civil or criminal process or order of a
9 court; or
10 (3) flees from a law enforcement officer after the officer has, by
11 visible or audible means, including operation of the law
12 enforcement officer's siren or emergency lights, identified himself
13 or herself and ordered the person to stop;
14 commits resisting law enforcement, a Class A misdemeanor, except as
15 provided in subsection (c).
16 (b) A person who, having been denied entry by a firefighter, an
17 emergency medical services provider, or a law enforcement officer,
18 knowingly or intentionally enters an area that is marked off with barrier
19 tape or other physical barriers, commits interfering with public safety,
20 a Class B misdemeanor, except as provided in subsection (c) or (k). (j).
21 (c) The offense under subsection (a) or (b) is a:
22 (1) Level 6 felony if:
23 (A) the person uses a vehicle to commit the offense; or
24 (B) while committing the offense, the person:
25 (i) draws or uses a deadly weapon;
26 (ii) inflicts bodily injury on or otherwise causes bodily injury
27 to another person; or
28 (iii) operates a vehicle in a manner that creates a substantial
29 risk of bodily injury to another person;
30 (2) Level 5 felony if:
31 (A) while committing the offense, the person operates a
32 vehicle in a manner that causes serious bodily injury to another
33 person; or
34 (B) the person uses a vehicle to commit the offense and the
35 person has a prior unrelated conviction under this section
36 involving the use of a vehicle in the commission of the
37 offense;
38 (3) Level 3 felony if, while committing the offense, the person
39 operates a vehicle in a manner that causes the death or
40 catastrophic injury of another person; and
41 (4) Level 2 felony if, while committing any offense described in
42 subsection (a), the person operates a vehicle in a manner that
HB 1186—LS 6611/DI 116 22
1 causes the death or catastrophic injury of a firefighter, an
2 emergency medical services provider, or a law enforcement
3 officer while the firefighter, emergency medical services provider,
4 or law enforcement officer is engaged in the firefighter's,
5 emergency medical services provider's, or officer's official duties.
6 (d) The offense under subsection (a) is a Level 6 felony if, while
7 committing an offense under:
8 (1) subsection (a)(1) or (a)(2), the person:
9 (A) creates a substantial risk of bodily injury to the person or
10 another person; and
11 (B) has two (2) or more prior unrelated convictions under
12 subsection (a); or
13 (2) subsection (a)(3), the person has two (2) or more prior
14 unrelated convictions under subsection (a).
15 (e) If a person uses a vehicle to commit a felony offense under
16 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
17 penalty imposed for the offense, the court shall impose a minimum
18 executed sentence of at least:
19 (1) thirty (30) days, if the person does not have a prior unrelated
20 conviction under this section;
21 (2) one hundred eighty (180) days, if the person has one (1) prior
22 unrelated conviction under this section; or
23 (3) one (1) year, if the person has two (2) or more prior unrelated
24 convictions under this section.
25 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
26 minimum sentence imposed under subsection (e) may not be
27 suspended.
28 (g) If a person is convicted of an offense involving the use of a
29 motor vehicle under:
30 (1) subsection (c)(1)(A), if the person exceeded the speed limit by
31 at least twenty (20) miles per hour while committing the offense;
32 (2) subsection (c)(2); or
33 (3) subsection (c)(3);
34 the court may notify the bureau of motor vehicles to suspend or revoke
35 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
36 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
37 court shall inform the bureau whether the person has been sentenced
38 to a term of incarceration. At the time of conviction, the court may
39 obtain the person's current driver's license and return the license to the
40 bureau of motor vehicles.
41 (h) A person may not be charged or convicted of a crime under
42 subsection (a)(3) if the law enforcement officer is a school resource
HB 1186—LS 6611/DI 116 23
1 officer acting in the officer's capacity as a school resource officer.
2 (i) (h) A person who commits an offense described in subsection (c)
3 commits a separate offense for each person whose bodily injury,
4 serious bodily injury, catastrophic injury, or death is caused by a
5 violation of subsection (c).
6 (j) (i) A court may order terms of imprisonment imposed on a
7 person convicted of more than one (1) offense described in subsection
8 (c) to run consecutively. Consecutive terms of imprisonment imposed
9 under this subsection are not subject to the sentencing restrictions set
10 forth in IC 35-50-1-2(c) through IC 35-50-1-2(d).
11 (k) (j) As used in this subsection, "family member" means a child,
12 grandchild, parent, grandparent, or spouse of the person. It is a defense
13 to a prosecution under subsection (b) that the person reasonably
14 believed that the person's family member:
15 (1) was in the marked off area; and
16 (2) had suffered bodily injury or was at risk of suffering bodily
17 injury;
18 if the person is not charged as a defendant in connection with the
19 offense, if applicable, that caused the area to be secured by barrier tape
20 or other physical barriers.
21 SECTION 13. IC 36-5-7-4, AS AMENDED BY P.L.127-2017,
22 SECTION 152, IS AMENDED TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2025]: Sec. 4. The marshal is the chief police
24 officer of the town and, except as otherwise provided in
25 IC 10-10.5-5, has the powers of other law enforcement officers in
26 executing the orders of the legislative body and enforcing laws. The
27 marshal or the marshal's deputy:
28 (1) shall serve all process directed to the marshal or deputy by the
29 town court or legislative body;
30 (2) shall arrest without process all persons who commit an offense
31 within the marshal's or deputy's view, take them before a court
32 having jurisdiction, and detain them in custody until the cause of
33 the arrest has been investigated;
34 (3) shall suppress breaches of the peace;
35 (4) may, if necessary, call the power of the town to the marshal's
36 or deputy's aid;
37 (5) may execute search warrants and arrest warrants; and
38 (6) may pursue and jail persons who commit an offense.
39 SECTION 14. IC 36-8-2.1-3, AS ADDED BY P.L.271-2019,
40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 3. As used in this chapter, "police department"
42 means a police department established by:
HB 1186—LS 6611/DI 116 24
1 (1) a county;
2 (2) a city;
3 (3) a town;
4 (4) the state;
5 (5) a school corporation (as described under IC 20-26-16); or
6 (6) a postsecondary educational institution (as described under
7 IC 21-17-5-2 or IC 21-39-4-2); or
8 (7) a hospital under IC 16-18-4.
9 SECTION 15. IC 36-8-3-20, AS AMENDED BY P.L.173-2023,
10 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 20. (a) This section applies to counties and towns
12 as well as cities.
13 (b) A unit shall provide by ordinance the number of police reserve
14 officers that the department may appoint.
15 (c) Police reserve officers shall be appointed by the same authority
16 that appoints regular members of the department.
17 (d) Police reserve officers may be designated by another name
18 specified by ordinance.
19 (e) Subject to IC 10-10.5-5, police reserve officers may not be
20 members of the regular police department but have all of the same
21 police powers as regular members, except as limited by the rules of the
22 department. Each department may adopt rules to limit the authority of
23 police reserve officers.
24 (f) To the extent that money is appropriated for a purpose listed in
25 this subsection, police reserve officers may receive any of the
26 following:
27 (1) A uniform allowance.
28 (2) Compensation for time lost from other employment because
29 of court appearances.
30 (3) In the case of county police reserve officers, compensation for
31 lake patrol duties that the county sheriff assigns and approves for
32 compensation.
33 (g) Police reserve officers are not eligible to participate in any
34 pension program provided for regular members of the department.
35 (h) A police reserve officer may not be appointed until the officer
36 has completed the training and probationary period specified by rules
37 of the department.
38 (i) A police reserve officer appointed by the department after June
39 30, 1993, may not:
40 (1) make an arrest;
41 (2) conduct a search or a seizure of a person or property; or
42 (3) carry a firearm;
HB 1186—LS 6611/DI 116 25
1 unless the police reserve officer successfully completes a pre-basic
2 course under IC 5-2-1-9(f).
3 (j) A police reserve officer carrying out lake patrol duties under this
4 chapter is immune from liability under IC 34-30-12, notwithstanding
5 the payment of compensation to the officer.
6 (k) After June 30, 2015, a police reserve officer who has
7 satisfactorily completed pre-basic training and has been appointed to
8 a law enforcement department or agency on either a full-time or
9 part-time basis is not eligible for continued employment unless the
10 police reserve officer satisfactorily completes the mandatory inservice
11 training requirements established by rules adopted by the law
12 enforcement training board (created by IC 5-2-1-3). Inservice training
13 must include training in interacting with persons with mental illness,
14 addictive disorders, intellectual disabilities, autism, developmental
15 disabilities, and Alzheimer's disease or related senile dementia, to be
16 provided by persons approved by the secretary of family and social
17 services and the board. The inservice training must also concern human
18 and sexual trafficking and high risk missing persons (as defined in
19 IC 5-2-17-1). The board may approve courses offered by other public
20 or private training entities, including postsecondary educational
21 institutions, as necessary in order to ensure the availability of an
22 adequate number of inservice training programs. The board may waive
23 a police reserve officer's inservice training requirements if the board
24 determines that the police reserve officer's reason for lacking the
25 required amount of inservice training hours is due to either of the
26 following:
27 (1) An emergency situation.
28 (2) The unavailability of courses.
29 (l) After December 31, 2017, a unit shall:
30 (1) provide the coverage specified in section 22 of this chapter;
31 and
32 (2) pay the amounts specified in section 23 of this chapter;
33 for a police reserve officer who is injured or contracts an illness in the
34 course of or as the result of the performance of duties as a police
35 reserve officer.
36 (m) A unit may purchase policies of group insurance or establish a
37 plan of self-insurance to meet its obligations under section 22 or 23 of
38 this chapter. The establishment of a self-insurance program under this
39 subsection is subject to the approval of the unit's fiscal body. Expenses
40 incurred for premiums for insurance or for other charges or expenses
41 under sections 22 and 23 of this chapter shall be paid out of the unit's
42 general fund in the same manner as other expenses of the unit are paid.
HB 1186—LS 6611/DI 116 26
1 SECTION 16. IC 36-8-10-10.6, AS AMENDED BY P.L.114-2012,
2 SECTION 149, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 10.6. (a) The sheriff may appoint
4 as a special deputy any person who is employed by a governmental
5 entity as defined in IC 35-31.5-2-144 or private employer, the nature
6 of which employment necessitates that the person have the powers of
7 a law enforcement officer. Subject to IC 10-10.5-5, during the term of
8 the special deputy's appointment and while the special deputy is
9 fulfilling the specific responsibilities for which the appointment is
10 made, a special deputy has the powers, privileges, and duties of a
11 county police officer under this chapter, subject to any written
12 limitations and specific requirements imposed by the sheriff and signed
13 by the special deputy. A special deputy is subject to the direction of the
14 sheriff and shall obey the rules and orders of the department. A special
15 deputy may be removed by the sheriff at any time, without notice and
16 without assigning any cause.
17 (b) The sheriff shall fix the prerequisites of training, education, and
18 experience for special deputies, subject to the minimum requirements
19 prescribed by this subsection. Applicants must:
20 (1) be twenty-one (21) years of age or older;
21 (2) never have been convicted of a felony, or a misdemeanor
22 involving moral turpitude;
23 (3) be of good moral character; and
24 (4) have sufficient training to insure the proper performance of
25 their authorized duties.
26 (c) Except as provided in subsection (d), a special deputy shall wear
27 a uniform the design and color of which is easily distinguishable from
28 the uniforms of the Indiana state police, the regular county police force,
29 and all municipal police and fire forces located in the county.
30 (d) The sheriff may permit a special deputy to wear the uniform of
31 the regular county police force if the special deputy:
32 (1) has successfully completed the minimum basic training
33 requirements under IC 5-2-1;
34 (2) is periodically assigned by the sheriff to duties of a regular
35 county police officer; and
36 (3) is an employee of the department.
37 The sheriff may revoke permission for the special deputy to wear the
38 uniform of the regular county police force at any time without cause or
39 notice.
40 (e) The sheriff may also appoint one (1) legal deputy, who must be
41 a member of the Indiana bar. The legal deputy does not have police
42 powers. The legal deputy may continue to practice law. However,
HB 1186—LS 6611/DI 116 27
1 neither the legal deputy nor any attorney in partnership with the legal
2 deputy may represent a defendant in a criminal case.
3 (f) The sheriff, for the purpose of guarding prisoners in the county
4 jail:
5 (1) in counties not having a consolidated city, may appoint special
6 deputies to serve as county jail guards; and
7 (2) in counties having a consolidated city, shall appoint only
8 special deputies to serve as county jail guards.
9 This subsection does not affect the rights or liabilities accrued by any
10 county police officer assigned to guard the jail before August 31, 1982.
HB 1186—LS 6611/DI 116 28
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 29
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 30
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 31
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 32
(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 33
(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 34
(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 35
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 36
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 37
(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 38
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 39
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 40
(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 41
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 42
(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 43
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 44
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.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, 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, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 5-2-1-2, AS AMENDED BY P.L.173-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. For the purposes of this chapter, and unless the
context clearly denotes otherwise, the following definitions apply
throughout this chapter:
(1) "Law enforcement officer" means an appointed officer or
employee hired by and on the payroll of the state, any of the
HB 1186—LS 6611/DI 116 45
state's political subdivisions, a hospital police department (as
described in IC 16-18-4), a tribal police officer (as described in
IC 5-2-24), or a public or private postsecondary educational
institution whose board of trustees has established a police
department under IC 21-17-5-2 or IC 21-39-4-2 who is granted
lawful authority to enforce all or some of the penal laws of the
state of Indiana and who possesses, with respect to those laws, the
power to effect arrests for offenses committed in the officer's or
employee's presence. The term includes a special officer
employed by a consolidated city full time after June 30, 2023,
to perform park ranger duties and a deputy of the Marion
County sheriff's office. However, except as otherwise provided
in this chapter, the following are expressly excluded from the
term "law enforcement officer" for the purposes of this chapter:
(A) A constable.
(B) A special officer whose powers and duties are described
in IC 36-8-3-7 or a special deputy whose powers and duties are
described in IC 36-8-10-10.6. However, a special officer
employed by a consolidated city full time after June 30, 2023,
to perform park ranger duties is a law enforcement officer for
the purposes of this chapter.
(C) A county police reserve officer who receives compensation
for lake patrol duties under IC 36-8-3-20(f)(3).
(D) A conservation reserve officer who receives compensation
for lake patrol duties under IC 14-9-8-27.
(E) An employee of the gaming commission whose powers
and duties are described in IC 4-32.3-9.
(F) A correctional police officer described in IC 11-8-9.
For purposes of section 12.5 of this chapter, the term includes a
police reserve officer (as described in IC 36-8-3-20), even if the
police reserve officer works as a volunteer.
(2) "Board" means the law enforcement training board created by
this chapter.
(3) "Executive training program" means the police chief executive
training program developed by the board under section 9 of this
chapter.
(4) "Law enforcement training council" means one (1) of the
confederations of law enforcement agencies recognized by the
board and organized for the sole purpose of sharing training,
instructors, and related resources.
(5) "Training regarding the lawful use of force" includes
classroom and skills training in the proper application of hand to
HB 1186—LS 6611/DI 116 46
hand defensive tactics, use of firearms, and other methods of:
(A) overcoming unlawful resistance; or
(B) countering other action that threatens the safety of the
public or a law enforcement officer.
(6) "Hiring or appointing authority" means:
(A) the chief executive officer, board, or other entity of a
police department or agency with authority to appoint and hire
law enforcement officers; or
(B) the governor, mayor, board, or other entity with the
authority to appoint a chief executive officer of a police
department or agency.
(7) "Crisis intervention team" refers to a local coalition with a
goal of improving the manner in which law enforcement and the
community respond to crisis situations in which an individual is
experiencing a mental health or addictive disorder crisis.
(8) "Law enforcement agency" means a state agency, a political
subdivision, a hospital police department (as described in
IC 16-18-4), a tribal law enforcement agency (as described in
IC 5-2-24), or a public or private postsecondary educational
institution that employs and has on its payroll a law enforcement
officer, including individuals described in subdivision (1)(A)
through (1)(F).".
Page 11, delete lines 2 through 18, 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 and jail deputies appointed under
IC 36-8-10-10.6(f), employed by the Marion County sheriff's office
on July 1, 2025, shall be certified by the board as Tier II law
enforcement officers, unless the deputy is otherwise certified as a
Tier I law enforcement officer. The Marion County sheriff's office
shall submit to the board a list of those deputies who have
successfully completed at least the minimum basic training
requirements at the Marion County Sheriff's Office Academy. 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.
(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
HB 1186—LS 6611/DI 116 47
individuals are hired as full-time law enforcement officers of the
Marion County sheriff's office.".
Page 13, delete lines 32 through 42.
Page 14, delete lines 1 through 34.
Page 15, line 39, delete "or", begin a new line block indented, and
insert:
"(3) the law enforcement officer:
(A) has been dispatched outside the jurisdiction of the
appointing law enforcement agency;
(B) is responding to a call for assistance or otherwise
providing assistance to a law enforcement officer outside
the jurisdiction of the appointing law enforcement agency;
or
(C) is providing backup or determining whether backup
may be necessary, including proactively, to another law
enforcement officer who is outside the jurisdiction of the
appointing law enforcement agency; or".
Page 15, line 40, delete "(3)" and insert "(4)".
Page 16, between lines 5 and 6, begin a new paragraph and insert:
"Sec. 6. (a) A law enforcement officer who exercises jurisdiction
outside of the geographic jurisdiction of the appointing law
enforcement agency in accordance with section 5(a)(1) through
5(a)(4) of this chapter is entitled to the immunities and limitations
on liability that apply under Indiana law (including under
IC 34-13) to an officer exercising jurisdiction within the geographic
jurisdiction of the appointing law enforcement agency.
(b) The appointing law enforcement agency of an officer who
exercises jurisdiction outside of the geographic jurisdiction of the
appointing law enforcement agency in accordance with section
5(a)(1) through 5(a)(4) of this chapter is entitled to the immunities
and limitations on liability under Indiana law (including under
IC 34-13) that apply to an appointing law enforcement agency of
an officer exercising jurisdiction within the geographic jurisdiction
of the appointing law enforcement agency.".
Page 17, line 30, strike "and".
Page 17, between lines 30 and 31, begin a new line block indented
and insert:
"(4) pursue a person who flees from a school resource officer
after the school resource officer has, by visible or audible
means, including the operation of the school resource officer's
siren or emergency lights, identified themself and ordered the
person to stop; and".
HB 1186—LS 6611/DI 116 48
Page 17, line 31, strike "(4)" and insert "(5)".
Page 18, delete lines 35 through 42, begin a new paragraph, and
insert:
"SECTION 11. IC 35-42-2-2, AS AMENDED BY P.L.184-2019,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) A person who recklessly, knowingly, or
intentionally performs an act that creates a substantial risk of bodily
injury to another person commits criminal recklessness. Except as
provided in subsection (b), criminal recklessness is a Class B
misdemeanor Class A misdemeanor.
(b) The offense of criminal recklessness as defined in subsection (a)
is:
(1) a Level 6 felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the person committed aggressive driving (as defined in
IC 9-21-8-55) that results in serious bodily injury to another
person; or
(2) a Level 5 felony if:
(A) it is committed by shooting a firearm into an occupied
motor vehicle, an inhabited dwelling, or other another
building or place where people are likely to gather be present;
or
(B) the person committed aggressive driving (as defined in
IC 9-21-8-55) that results in the death or catastrophic injury of
another person.
(c) A person who:
(1) is a passenger in a vehicle whose operator has committed
an offense under subsection (a) or (b); and
(2) points a firearm at another person, a motor vehicle, a
dwelling, or another building or place where people are likely
to be present;
commits criminal recklessness, a Level 6 felony. It is not a defense
to a prosecution under this section that the operator of the motor
vehicle has not been charged with or convicted of an offense under
this section.".
Delete pages 19 through 20.
Page 21, delete lines 1 through 24.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
HB 1186—LS 6611/DI 116 49
(Reference is to HB 1186 as printed January 30, 2025.)
MCNAMARA
Committee Vote: yeas 13, nays 0.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1186 be amended to read as
follows:
Page 20, after line 42, begin a new paragraph and insert:
"SECTION 12. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement
officer or a person assisting the officer while the officer is
lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court; or
(3) flees from a law enforcement officer after the officer has, by
visible or audible means, including operation of the law
enforcement officer's siren or emergency lights, identified himself
or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (c).
(b) A person who, having been denied entry by a firefighter, an
emergency medical services provider, or a law enforcement officer,
knowingly or intentionally enters an area that is marked off with barrier
tape or other physical barriers, commits interfering with public safety,
a Class B misdemeanor, except as provided in subsection (c) or (k). (j).
(c) The offense under subsection (a) or (b) is a:
(1) Level 6 felony if:
(A) the person uses a vehicle to commit the offense; or
(B) while committing the offense, the person:
(i) draws or uses a deadly weapon;
(ii) inflicts bodily injury on or otherwise causes bodily injury
to another person; or
(iii) operates a vehicle in a manner that creates a substantial
risk of bodily injury to another person;
(2) Level 5 felony if:
(A) while committing the offense, the person operates a
HB 1186—LS 6611/DI 116 50
vehicle in a manner that causes serious bodily injury to another
person; or
(B) the person uses a vehicle to commit the offense and the
person has a prior unrelated conviction under this section
involving the use of a vehicle in the commission of the
offense;
(3) Level 3 felony if, while committing the offense, the person
operates a vehicle in a manner that causes the death or
catastrophic injury of another person; and
(4) Level 2 felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death or catastrophic injury of a firefighter, an
emergency medical services provider, or a law enforcement
officer while the firefighter, emergency medical services provider,
or law enforcement officer is engaged in the firefighter's,
emergency medical services provider's, or officer's official duties.
(d) The offense under subsection (a) is a Level 6 felony if, while
committing an offense under:
(1) subsection (a)(1) or (a)(2), the person:
(A) creates a substantial risk of bodily injury to the person or
another person; and
(B) has two (2) or more prior unrelated convictions under
subsection (a); or
(2) subsection (a)(3), the person has two (2) or more prior
unrelated convictions under subsection (a).
(e) If a person uses a vehicle to commit a felony offense under
subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal
penalty imposed for the offense, the court shall impose a minimum
executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
(f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory
minimum sentence imposed under subsection (e) may not be
suspended.
(g) If a person is convicted of an offense involving the use of a
motor vehicle under:
(1) subsection (c)(1)(A), if the person exceeded the speed limit by
at least twenty (20) miles per hour while committing the offense;
HB 1186—LS 6611/DI 116 51
(2) subsection (c)(2); or
(3) subsection (c)(3);
the court may notify the bureau of motor vehicles to suspend or revoke
the person's driver's license in accordance with IC 9-30-4-6.1(b) for the
period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The
court shall inform the bureau whether the person has been sentenced
to a term of incarceration. At the time of conviction, the court may
obtain the person's current driver's license and return the license to the
bureau of motor vehicles.
(h) A person may not be charged or convicted of a crime under
subsection (a)(3) if the law enforcement officer is a school resource
officer acting in the officer's capacity as a school resource officer.
(i) (h) A person who commits an offense described in subsection (c)
commits a separate offense for each person whose bodily injury,
serious bodily injury, catastrophic injury, or death is caused by a
violation of subsection (c).
(j) (i) A court may order terms of imprisonment imposed on a
person convicted of more than one (1) offense described in subsection
(c) to run consecutively. Consecutive terms of imprisonment imposed
under this subsection are not subject to the sentencing restrictions set
forth in IC 35-50-1-2(c) through IC 35-50-1-2(d).
(k) (j) As used in this subsection, "family member" means a child,
grandchild, parent, grandparent, or spouse of the person. It is a defense
to a prosecution under subsection (b) that the person reasonably
believed that the person's family member:
(1) was in the marked off area; and
(2) had suffered bodily injury or was at risk of suffering bodily
injury;
if the person is not charged as a defendant in connection with the
offense, if applicable, that caused the area to be secured by barrier tape
or other physical barriers.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1186 as printed February 13, 2025.)
BARTELS
HB 1186—LS 6611/DI 116