Indiana 2025 Regular Session

Indiana Senate Bill SB0172 Latest Draft

Bill / Introduced Version Filed 01/02/2025

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