IN
Indiana House Bill HB1393

Indiana 2025 Regular Session

Indiana House Bill HB1393 Compare Versions

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1+*EH1393.2*
2+Reprinted
3+March 21, 2025
4+ENGROSSED
5+HOUSE BILL No. 1393
6+_____
7+DIGEST OF HB 1393 (Updated March 20, 2025 2:36 pm - DI 106)
8+Citations Affected: IC 5-2.
9+Synopsis: Immigration notice. Provides that if a law enforcement
10+officer arrests an individual for a felony or a misdemeanor and there is
11+probable cause to believe that the individual is not lawfully present in
12+the United States, the jail or detention facility shall notify the county
13+sheriff of the probable cause during the individual's intake process, and
14+the county sheriff shall notify the proper authority.
15+Effective: July 1, 2025.
16+Bascom, Prescott, Lucas, Payne
17+(SENATE SPONSORS — FREEMA N, BALDWIN, KOCH, MAXWELL,
18+YOUNG M)
19+January 13, 2025, read first time and referred to Committee on Veterans Affairs and Public
20+Safety.
21+January 27, 2025, amended, reported — Do Pass.
22+February 3, 2025, read second time, ordered engrossed.
23+February 4, 2025, engrossed. Read third time, passed. Yeas 67, nays 26.
24+SENATE ACTION
25+February 18, 2025, read first time and referred to Committee on Corrections and Criminal
26+Law.
27+March 18, 2025, amended, reported favorably — Do Pass.
28+March 20, 2025, read second time, amended, ordered engrossed.
29+EH 1393—LS 7523/DI 106 Reprinted
30+March 21, 2025
131 First Regular Session of the 124th General Assembly (2025)
232 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
333 Constitution) is being amended, the text of the existing provision will appear in this style type,
434 additions will appear in this style type, and deletions will appear in this style type.
535 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
636 provision adopted), the text of the new provision will appear in this style type. Also, the
737 word NEW will appear in that style type in the introductory clause of each SECTION that adds
838 a new provision to the Indiana Code or the Indiana Constitution.
939 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1040 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1393
12-AN ACT to amend the Indiana Code concerning criminal law and
13-procedure.
41+ENGROSSED
42+HOUSE BILL No. 1393
43+A BILL FOR AN ACT to amend the Indiana Code concerning
44+criminal law and procedure.
1445 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 5-2-18.2-7, AS ADDED BY P.L.171-2011,
16-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2025]: Sec. 7. (a) Every law enforcement agency (as defined
18-in IC 5-2-17-2) shall provide each law enforcement officer with a
19-written notice that the law enforcement officer has a duty to cooperate
20-with state and federal agencies and officials on matters pertaining to
21-enforcement of state and federal laws governing immigration.
22-(b) If a law enforcement officer arrests an individual for a
23-felony or a misdemeanor and there is probable cause to believe that
24-the person is not lawfully present in the United States, the jail or
25-detention facility shall, during the intake process at the jail or
26-detention facility, notify the county sheriff of the probable cause to
27-believe the person is not lawfully present in the United States.
28-(c) A county sheriff shall report information received under
46+1 SECTION 1. IC 5-2-18.2-7, AS ADDED BY P.L.171-2011,
47+2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48+3 JULY 1, 2025]: Sec. 7. (a) Every law enforcement agency (as defined
49+4 in IC 5-2-17-2) shall provide each law enforcement officer with a
50+5 written notice that the law enforcement officer has a duty to cooperate
51+6 with state and federal agencies and officials on matters pertaining to
52+7 enforcement of state and federal laws governing immigration.
53+8 (b) If a law enforcement officer arrests an individual for a
54+9 felony or a misdemeanor and there is probable cause to believe that
55+10 the person is not lawfully present in the United States, the jail or
56+11 detention facility shall, during the intake process at the jail or
57+12 detention facility, notify the county sheriff of the probable cause to
58+13 believe the person is not lawfully present in the United States.
59+14 (c) A county sheriff shall report information received under
60+15 subsection (b) to the proper authority in accordance with
61+16 provisions of this chapter.
62+EH 1393—LS 7523/DI 106 2
63+COMMITTEE REPORT
64+Mr. Speaker: Your Committee on Veterans Affairs and Public
65+Safety, to which was referred House Bill 1393, has had the same under
66+consideration and begs leave to report the same back to the House with
67+the recommendation that said bill be amended as follows:
68+Page 1, delete lines 8 through 17, begin a new paragraph and insert:
69+"(b) If a law enforcement officer arrests an individual for a
70+felony or a misdemeanor and the law enforcement officer has
71+probable cause to believe that the person is not lawfully present in
72+the United States, the officer or officer's law enforcement agency
73+shall, during the intake process at the jail or detention facility,
74+notify the county sheriff of the probable cause to believe the person
75+is not lawfully present in the United States.
76+(c) Notwithstanding any other law, a law enforcement officer
77+shall arrest an individual in lieu of issuing a summons for a
78+misdemeanor if the law enforcement officer has probable cause to
79+believe that the person is not lawfully present in the United States.
80+(d) A county sheriff shall report information received under
2981 subsection (b) to the proper authority in accordance with
3082 provisions of this chapter.
31-HEA 1393 — Concur Speaker of the House of Representatives
32-President of the Senate
33-President Pro Tempore
34-Governor of the State of Indiana
35-Date: Time:
36-HEA 1393 — Concur
83+(e) A law enforcement agency, including a county sheriff, or a
84+law enforcement officer or other employee of a law enforcement
85+agency is immune from civil liability if there is reasonable belief
86+that the notification requirements under this section have been
87+fulfilled.
88+SECTION 2. IC 34-30-2.1-32.4 IS ADDED TO THE INDIANA
89+CODE AS A NEW SECTION TO READ AS FOLLOWS
90+[EFFECTIVE JULY 1, 2025]: Sec. 32.4. IC 5-2-18.2-7 (Concerning
91+notification relating to an individual not being lawfully present in
92+the United States).".
93+and when so amended that said bill do pass.
94+(Reference is to HB 1393 as introduced.)
95+BARTELS
96+Committee Vote: yeas 9, nays 2.
97+EH 1393—LS 7523/DI 106 3
98+COMMITTEE REPORT
99+Mr. President: The Senate Committee on Corrections and Criminal
100+Law, to which was referred House Bill No. 1393, has had the same
101+under consideration and begs leave to report the same back to the
102+Senate with the recommendation that said bill be AMENDED as
103+follows:
104+Page 1, line 9, delete "the law enforcement officer has" and insert
105+"there is".
106+Page 1, line 11, delete "the officer or officer's law enforcement
107+agency" and insert "the jail or detention facility".
108+Page 1, delete lines 15 through 17.
109+Page 2, delete line 1.
110+Page 2, line 2, delete "(d)" and insert "(c)".
111+Page 2, line 5, delete "(e)" and insert "(d)".
112+and when so amended that said bill do pass.
113+(Reference is to HB 1393 Digest Correction as printed January 27,
114+2025.)
115+FREEMAN, Chairperson
116+Committee Vote: Yeas 5, Nays 3.
117+_____
118+SENATE MOTION
119+Mr. President: I move that Engrossed House Bill 1393 be amended
120+to read as follows:
121+Page 1, delete line 17.
122+Delete page 2.
123+(Reference is to EHB 1393 as printed March 19, 2025.)
124+FREEMAN
125+EH 1393—LS 7523/DI 106