| 1 | 1 | | |
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| 2 | 2 | | Introduced Version |
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| 3 | 3 | | SENATE BILL No. 172 |
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| 4 | 4 | | _____ |
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| 5 | 5 | | DIGEST OF INTRODUCED BILL |
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| 6 | 6 | | Citations Affected: IC 5-2-18.2-7; IC 35-52-5-4.2. |
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| 7 | 7 | | Synopsis: Failure to assist in immigration enforcement. Makes it a |
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| 8 | 8 | | Class B misdemeanor for: (1) a law enforcement officer to refuse to |
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| 9 | 9 | | cooperate with state or federal agencies or officials in the enforcement |
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| 10 | 10 | | of immigration laws; and (2) an individual to adopt a policy barring a |
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| 11 | 11 | | law enforcement officer from cooperating with state or federal agencies |
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| 12 | 12 | | or officials in the enforcement of immigration laws. Establishes certain |
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| 13 | 13 | | defenses for the law enforcement officer. |
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| 14 | 14 | | Effective: July 1, 2025. |
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| 15 | 15 | | Young M |
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| 16 | 16 | | January 8, 2025, read first time and referred to Committee on Corrections and Criminal |
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| 17 | 17 | | Law. |
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| 18 | 18 | | 2025 IN 172—LS 6599/DI 106 Introduced |
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| 19 | 19 | | First Regular Session of the 124th General Assembly (2025) |
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| 20 | 20 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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| 21 | 21 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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| 22 | 22 | | additions will appear in this style type, and deletions will appear in this style type. |
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| 23 | 23 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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| 24 | 24 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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| 25 | 25 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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| 26 | 26 | | a new provision to the Indiana Code or the Indiana Constitution. |
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| 27 | 27 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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| 28 | 28 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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| 29 | 29 | | SENATE BILL No. 172 |
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| 30 | 30 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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| 31 | 31 | | criminal law and procedure. |
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| 32 | 32 | | Be it enacted by the General Assembly of the State of Indiana: |
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| 33 | 33 | | 1 SECTION 1. IC 5-2-18.2-7, AS ADDED BY P.L.171-2011, |
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| 34 | 34 | | 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 35 | 35 | | 3 JULY 1, 2025]: Sec. 7. (a) Every law enforcement agency (as defined |
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| 36 | 36 | | 4 in IC 5-2-17-2) shall provide each law enforcement officer with a |
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| 37 | 37 | | 5 written notice that the law enforcement officer has a duty to cooperate |
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| 38 | 38 | | 6 with state and federal agencies and officials on matters pertaining to |
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| 39 | 39 | | 7 enforcement of state and federal laws governing immigration. |
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| 40 | 40 | | 8 (b) A law enforcement officer who knowingly or intentionally |
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| 41 | 41 | | 9 refuses to cooperate with a: |
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| 42 | 42 | | 10 (1) state agency; |
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| 43 | 43 | | 11 (2) federal agency; or |
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| 44 | 44 | | 12 (3) state or federal official; |
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| 45 | 45 | | 13 on a matter pertaining to the enforcement of a state or federal law |
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| 46 | 46 | | 14 governing immigration commits refusal to assist with immigration |
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| 47 | 47 | | 15 enforcement, a Class B misdemeanor. |
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| 48 | 48 | | 16 (c) An individual exercising supervision or control over a law |
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| 49 | 49 | | 17 enforcement officer or agency who adopts a policy or rule that |
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| 50 | 50 | | 2025 IN 172—LS 6599/DI 106 2 |
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| 51 | 51 | | 1 prohibits a law enforcement officer from cooperating with a: |
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| 52 | 52 | | 2 (1) state agency; |
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| 53 | 53 | | 3 (2) federal agency; or |
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| 54 | 54 | | 4 (3) state or federal official; |
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| 55 | 55 | | 5 on a matter pertaining to the enforcement of a state or federal law |
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| 56 | 56 | | 6 governing immigration commits obstruction of immigration |
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| 57 | 57 | | 7 enforcement, a Class B misdemeanor. |
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| 58 | 58 | | 8 (d) It is a defense to a prosecution under subsection (b) that the |
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| 59 | 59 | | 9 law enforcement officer: |
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| 60 | 60 | | 10 (1) was subject to a policy or rule that prohibited the law |
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| 61 | 61 | | 11 enforcement officer from cooperating with a: |
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| 62 | 62 | | 12 (A) state agency; |
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| 63 | 63 | | 13 (B) federal agency; or |
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| 64 | 64 | | 14 (C) state or federal official; |
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| 65 | 65 | | 15 on a matter pertaining to the enforcement of a state or federal |
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| 66 | 66 | | 16 law governing immigration; or |
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| 67 | 67 | | 17 (2) had a reasonable good faith belief that the cooperation |
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| 68 | 68 | | 18 would violate state or federal law, or the Constitution of the |
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| 69 | 69 | | 19 State of Indiana or the Constitution of the United States. |
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| 70 | 70 | | 20 SECTION 2. IC 35-52-5-4.2 IS ADDED TO THE INDIANA CODE |
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| 71 | 71 | | 21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 72 | 72 | | 22 1, 2025]: Sec. 4.2. IC 5-2-18.2-7 defines crimes concerning |
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| 73 | 73 | | 23 immigration enforcement. |
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| 74 | 74 | | 2025 IN 172—LS 6599/DI 106 |
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