Indiana 2025 Regular Session

Indiana Senate Bill SB0428 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 428
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2-18.2; IC 34-30-2.1-32.5.
7	7	Synopsis: Immigration matters. Clarifies that the enforcement of
8	8	federal immigration laws may be carried out by federal, state, or local
9	9	law enforcement. Removes the mens rea standard in the statute
10	10	concerning governmental entities or postsecondary institutions
11	11	violating the citizenship and immigration status information and
12	12	enforcement of federal laws. Provides that a governmental body that
13	13	has the custody of an individual who is the subject of an immigration
14	14	detainer request shall: (1) provide the judge authorized to grant or deny
15	15	the individual's release on bail notice that the individual is subject to
16	16	an immigration detainer request; (2) record in the individual's case file
17	17	that the individual is subject to an immigration detainer request; (3)
18	18	comply with the immigration detainer request; and (4) inform the
19	19	individual that the individual is being held pursuant to an immigration
20	20	detainer request. Provides immunity to a governmental body or an
21	21	employee of a governmental body for any action taken concerning an
22	22	immigration detainer request. Provides that if the attorney general
23	23	determines that probable cause exists that a governmental entity has
24	24	not complied with an immigration detention request, the attorney
25	25	general may: (1) issue a cease and desist order; (2) bring a court action
26	26	to enjoin an action or practice constituting a violation of an
27	27	immigration detention request or compel compliance with the
28	28	immigration detention request; and (3) impose a civil penalty for
29	29	noncompliance with an immigration detention request. Provides that if
30	30	the attorney general determines a governmental body did not comply
31	31	with an immigration detention order, upon the advice of the attorney
32	32	general, the governor may order that state funding and grants
33	33	(Continued next page)
34	34	Effective: Upon passage; July 1, 2025.
35	35	Koch
36	36	January 13, 2025, read first time and referred to Committee on Corrections and Criminal
37	37	Law.
38	38	2025 IN 428—LS 7542/DI 107 Digest Continued
39	39	be withheld from the governmental body. Requires a judge, who
40	40	receives notice that an individual is subject to an immigration detainer
41	41	request, to ensure that the notice of the immigration detainer request is
42	42	recorded in the court's record. Requires a judge to report to the United
43	43	States Immigration and Customs Enforcement Agency an individual
44	44	who has been convicted in the judge's court of a felony or
45	45	misdemeanor.
46	46	2025 IN 428—LS 7542/DI 1072025 IN 428—LS 7542/DI 107 Introduced
47	47	First Regular Session of the 124th General Assembly (2025)
48	48	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
49	49	Constitution) is being amended, the text of the existing provision will appear in this style type,
50	50	additions will appear in this style type, and deletions will appear in this style type.
51	51	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
52	52	provision adopted), the text of the new provision will appear in this style type. Also, the
53	53	word NEW will appear in that style type in the introductory clause of each SECTION that adds
54	54	a new provision to the Indiana Code or the Indiana Constitution.
55	55	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
56	56	between statutes enacted by the 2024 Regular Session of the General Assembly.
57	57	SENATE BILL No. 428
58	58	A BILL FOR AN ACT to amend the Indiana Code concerning state
59	59	and local administration.
60	60	Be it enacted by the General Assembly of the State of Indiana:
61	61	1 SECTION 1. IC 5-2-18.2-1.7 IS ADDED TO THE INDIANA
62	62	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
63	63	3 [EFFECTIVE JULY 1, 2025]: Sec. 1.7. As used in this chapter,
64	64	4 "immigration detainer request" means a request issued by a
65	65	5 federal authority to a law enforcement agency to detain an
66	66	6 individual pursuant to 8 CFR 287.7.
67	67	7 SECTION 2. IC 5-2-18.2-4, AS AMENDED BY P.L.265-2017,
68	68	8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
69	69	9 UPON PASSAGE]: Sec. 4. A governmental body or a postsecondary
70	70	10 educational institution may not limit or restrict the enforcement of
71	71	11 federal immigration laws, regardless of whether the enforcement is
72	72	12 carried out by a federal, state, or local law enforcement agency, to
73	73	13 less than the full extent permitted by federal law.
74	74	14 SECTION 3. IC 5-2-18.2-5, AS AMENDED BY P.L.76-2024,
75	75	15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
76	76	2025 IN 428—LS 7542/DI 107 2
77	77	1 JULY 1, 2025]: Sec. 5. (a) If the attorney general determines that
78	78	2 probable cause exists that a governmental body or a postsecondary
79	79	3 educational institution has violated this chapter, the attorney general
80	80	4 shall bring an action to compel the governmental body or
81	81	5 postsecondary educational institution to comply with this chapter.
82	82	6 (b) If the attorney general determines that probable cause exists
83	83	7 that a governmental body has not complied with an immigration
84	84	8 detainer request, the attorney general may:
85	85	9 (1) issue a cease and desist order, with or without a hearing;
86	86	10 and
87	87	11 (2) bring an action in the circuit court of the county in which
88	88	12 a violation of section 9 of this chapter has occurred to:
89	89	13 (A) enjoin an act or a practice constituting a violation;
90	90	14 (B) enforce compliance with section 9 of this chapter; or
91	91	15 (C) impose a civil penalty of ten thousand dollars ($10,000)
92	92	16 for each violation.
93	93	17 (c) The attorney general shall transfer all penalties collected
94	94	18 under this chapter to the treasurer of state for deposit in the state
95	95	19 general fund.
96	96	20 (d) If the attorney general determines that a governmental body
97	97	21 has violated an immigration detainer request, the governor, upon
98	98	22 the advice of the attorney general, may withhold:
99	99	23 (1) any grants administered by the state; or
100	100	24 (2) state funding;
101	101	25 from the governmental body.
102	102	26 SECTION 4. IC 5-2-18.2-6, AS AMENDED BY P.L.76-2024,
103	103	27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
104	104	28 UPON PASSAGE]: Sec. 6. If a court finds by a preponderance of the
105	105	29 evidence that a governmental body or postsecondary educational
106	106	30 institution knowingly or intentionally violated this chapter, the court
107	107	31 shall enjoin the violation.
108	108	32 SECTION 5. IC 5-2-18.2-9 IS ADDED TO THE INDIANA CODE
109	109	33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
110	110	34 1, 2025]: Sec. 9. (a) Except as provided in subsection (b), a
111	111	35 governmental body that has custody of an individual who is the
112	112	36 subject an immigration detainer request shall:
113	113	37 (1) provide to the judge authorized to grant or deny the
114	114	38 individual's release on bail under IC 35-33-8-3.2 notice that
115	115	39 the individual is subject to an immigration detainer request;
116	116	40 (2) record in the individual's case file that the individual is
117	117	41 subject to an immigration detainer request;
118	118	42 (3) comply with all requests made in the immigration detainer
119	119	2025 IN 428—LS 7542/DI 107 3
120	120	1 request; and
121	121	2 (4) inform the individual that the individual is being held
122	122	3 pursuant to an immigration detainer request issued by a
123	123	4 federal authority.
124	124	5 (b) If an individual who is the subject of an immigration
125	125	6 detainer request presents a United States passport or a birth
126	126	7 certificate issued in the United States to the governmental body, the
127	127	8 governmental body shall contact the federal immigration agency
128	128	9 to determine whether the individual is a citizen of the United
129	129	10 States.
130	130	11 (c) A governmental body or an employee of a governmental
131	131	12 body is not criminally or civilly liable for any action taken in
132	132	13 compliance with an immigration detainer request under this
133	133	14 section.
134	134	15 SECTION 6. IC 5-2-18.2-10 IS ADDED TO THE INDIANA CODE
135	135	16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
136	136	17 1, 2025]: Sec. 10. (a) A judge who receives notice that an individual
137	137	18 is subject to an immigration detainer request under section 9 of
138	138	19 this chapter shall ensure that the notice of the immigration
139	139	20 detainer request is recorded in the court's record, regardless of
140	140	21 whether the notice was received before or after a judgment in a
141	141	22 case.
142	142	23 (b) A judge shall report to the United States Immigration and
143	143	24 Customs Enforcement Agency an individual who is not a citizen of
144	144	25 the United States who has been has been convicted in the judge's
145	145	26 court of a felony or misdemeanor.
146	146	27 SECTION 7. IC 34-30-2.1-32.5 IS ADDED TO THE INDIANA
147	147	28 CODE AS A NEW SECTION TO READ AS FOLLOWS
148	148	29 [EFFECTIVE JULY 1, 2025]: Sec. 32.5. IC 5-2-18.2-9 (Concerning
149	149	30 federal immigration detention orders).
150	150	31 SECTION 8. An emergency is declared for this act.
151	151	2025 IN 428—LS 7542/DI 107