*ES0525.1* April 8, 2025 ENGROSSED SENATE BILL No. 525 _____ DIGEST OF SB 525 (Updated April 8, 2025 10:57 am - DI 116) Citations Affected: IC 5-2; IC 5-10; IC 20-26; IC 35-42; IC 35-44.1; IC 36-2; IC 36-8; noncode. Synopsis: Public safety matters. Provides that all deputies, excluding reserve deputies and jail deputies, employed by the Marion County sheriff's office on December 31, 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. Provides that before January 1, 2026, the following actions must be taken: (1) The Marion County Sheriff's Office Academy shall adopt a Tier I basic training curriculum as approved by the board. (2) The board shall approve the Marion County Sheriff's Office Academy as a Tier 1 basic training academy governed by the requirements established by the board. Provides that after January 1, 2026, a deputy employed by the Marion County sheriff's office shall receive basic (Continued next page) Effective: Upon passage; July 1, 2025. Carrasco, Freeman, Randolph Lonnie M (HOUSE SPONSORS — IRELAND, BARTELS) January 16, 2025, read first time and referred to Committee on Corrections and Criminal Law. February 11, 2025, reported favorably — Do Pass. February 18, 2025, read second time, amended, ordered engrossed. February 19, 2025, engrossed. February 20, 2025, read third time, passed. Yeas 33, nays 15. HOUSE ACTION March 3, 2025, read first time and referred to Committee on Veterans Affairs and Public Safety. April 8, 2025, amended, reported — Do Pass. ES 525—LS 7101/DI 87 Digest Continued training 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. 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 for line of duty death benefits.) Provides that a school resource officer who has completed Tier I or Tier II basic training has statewide jurisdiction. 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. 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. Adds a hospital police department to the definition of police departments required to provide police officers with certain rights. Provides that the legislative council is urged to assign to the appropriate interim study committee the task of studying the following: (1) Whether a sheriff's office located in a city containing a consolidated city should operate under a merit system. (2) Whether IC 36-3-1-5.1 should be modified or repealed. ES 525—LS 7101/DI 87ES 525—LS 7101/DI 87 April 8, 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. ENGROSSED SENATE BILL No. 525 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 16 employee's presence. The term includes a special officer 17 employed by a consolidated city full time after June 30, 2023, ES 525—LS 7101/DI 87 2 1 to perform park ranger duties or a deputy of the Marion 2 County sheriff's office, excluding jail deputies appointed 3 under IC 36-8-10-10.6(f). However, except as otherwise 4 provided in this chapter, the following are expressly excluded 5 from the term "law enforcement officer" for the purposes of this 6 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 ES 525—LS 7101/DI 87 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 5-2-1-21 IS ADDED TO THE INDIANA CODE 16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE 17 UPON PASSAGE]: Sec. 21. (a) This section applies to a county 18 containing a consolidated city. 19 (b) Notwithstanding any other law, all deputies, excluding 20 reserve deputies and jail deputies appointed under 21 IC 36-8-10-10.6(f), employed by the Marion County sheriff's office 22 on December 31, 2025, shall be certified by the board as Tier II law 23 enforcement officers, unless the deputy is otherwise certified as a 24 Tier I law enforcement officer. The Marion County sheriff's office 25 shall submit to the board a list of those deputies who have 26 successfully completed at least the minimum basic training 27 requirements at the Marion County Sheriff's Office Academy. The 28 board shall transmit certificates of the certifications and other 29 related documentation to the Marion County sheriff's office not 30 later than March 1, 2026. 31 (c) Before January 1, 2026, the following actions must be taken: 32 (1) The Marion County Sheriff's Office Academy shall adopt 33 a Tier I basic training curriculum as approved by the board 34 under section 9(d) of this chapter. 35 (2) Subject to subdivision (1), the board shall approve the 36 Marion County Sheriff's Office Academy as a Tier 1 basic 37 training academy governed by the requirements established 38 by the board. 39 (d) If the Marion County Sheriff's Office Academy does not 40 meet the requirements set forth in subsection (c)(1) before January 41 1, 2026, the Marion County Sheriff's Office Academy may not 42 provide basic training to any deputy until it becomes compliant. ES 525—LS 7101/DI 87 4 1 During that time, any deputy, excluding reserve deputies and jail 2 deputies appointed under IC 36-8-10-10.6(f), hired by the Marion 3 County sheriff's office shall be accepted for basic training at the 4 Indiana law enforcement academy in the same manner as other 5 law enforcement agencies. 6 SECTION 3. IC 5-10-10-4, AS AMENDED BY P.L.119-2022, 7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 8 JULY 1, 2025]: Sec. 4. As used in this chapter, "public safety officer" 9 means any of the following: 10 (1) A state police officer. 11 (2) A county sheriff. 12 (3) A county police officer. 13 (4) A correctional officer. correctional professional, which 14 includes a correctional officer, correctional police officer, or 15 any employee of the department of correction. 16 (5) An excise police officer. 17 (6) A county police reserve officer. 18 (7) A city or town police reserve officer. 19 (8) A conservation enforcement officer. 20 (9) A town marshal. 21 (10) A deputy town marshal. 22 (11) A probation officer. 23 (12) A state educational institution police officer appointed under 24 IC 21-39-4. 25 (13) A police officer whose employer purchases coverage under 26 section 4.5 of this chapter. 27 (14) An emergency medical services provider (as defined in 28 IC 16-41-10-1) who is: 29 (A) employed by a political subdivision (as defined in 30 IC 36-1-2-13); and 31 (B) not eligible for a special death benefit under IC 36-8-6-20, 32 IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20. 33 (15) A firefighter who is employed by the fire department of a 34 state university. 35 (16) A firefighter whose employer purchases coverage under 36 section 4.5 of this chapter. 37 (17) A member of a consolidated law enforcement department 38 established under IC 36-3-1-5.1. 39 (18) A gaming agent of the Indiana gaming commission. 40 (19) A person who is: 41 (A) employed by a political subdivision (as defined in 42 IC 36-1-2-13); and ES 525—LS 7101/DI 87 5 1 (B) appointed as a special deputy under IC 36-8-10-10.6. 2 (20) A school corporation police officer appointed under 3 IC 20-26-16. 4 (21) A gaming control officer of the Indiana gaming commission. 5 (22) An eligible chaplain who meets the requirements of section 6 4.7 of this chapter. 7 (23) A community corrections officer. 8 (24) An eligible emergency medical services provider who meets 9 the requirements of section 4.8 of this chapter. 10 (25) An emergency medical services provider whose employer 11 purchases coverage under section 4.9 of this chapter. 12 (26) An emergency management worker (as defined in 13 IC 10-14-3-3), including: 14 (A) an employee of the Indiana department of homeland 15 security who is working in an official capacity as an employee 16 during a disaster or an emergency response; or 17 (B) an employee of a political subdivision who is employed as: 18 (i) an emergency management director; 19 (ii) an assistant emergency management director; or 20 (iii) a deputy emergency management director; 21 for the political subdivision. 22 (27) A division fire investigator (as described in IC 22-14-2-8). 23 (28) A school resource officer (as defined in IC 20-26-18.2-1) 24 who is not otherwise entitled to a line of duty benefit under: 25 (A) IC 36-8-6-20; 26 (B) IC 36-8-7.5-22; or 27 (C) IC 36-8-8-20; 28 while acting as a school resource officer. 29 (29) A county coroner. 30 (30) A deputy county coroner. 31 SECTION 4. IC 5-10-13-2, AS AMENDED BY P.L.178-2022(ts), 32 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 33 JULY 1, 2025]: Sec. 2. As used in this chapter, "employee" means an 34 individual who: 35 (1) is employed full time by the state or a political subdivision of 36 the state as: 37 (A) a member of a fire department (as defined in IC 36-8-1-8); 38 (B) an emergency medical services provider (as defined in 39 IC 16-41-10-1); 40 (C) a member of a police department (as defined in 41 IC 36-8-1-9); 42 (D) a correctional officer (as defined in IC 5-10-10-1.5); ES 525—LS 7101/DI 87 6 1 correctional professional, which includes a correctional 2 officer (as defined in IC 5-10-10-1.5), correctional police 3 officer, or any employee of the department of correction; 4 (E) a state police officer; 5 (F) a county police officer; 6 (G) a county sheriff; 7 (H) an excise police officer; 8 (I) a conservation enforcement officer; 9 (J) a town marshal; 10 (K) a deputy town marshal; 11 (L) a department of homeland security fire investigator; 12 (M) a member of a consolidated law enforcement department 13 established under IC 36-3-1-5.1; 14 (N) a county coroner; or 15 (O) a deputy county coroner; 16 (2) in the course of the individual's employment is at high risk for 17 occupational exposure to an exposure risk disease; and 18 (3) is not employed elsewhere in a similar capacity. 19 SECTION 5. IC 20-26-18.2-3, AS ADDED BY P.L.172-2013, 20 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 21 JULY 1, 2025]: Sec. 3. (a) A school resource officer may: 22 (1) make an arrest; 23 (2) conduct a search or a seizure of a person or property using the 24 reasonable suspicion standard; 25 (3) carry a firearm on or off school property; and 26 (4) pursue a person who flees from a school resource officer 27 after the school resource officer has, by visible or audible 28 means, including the operation of the school resource officer's 29 siren or emergency lights, identified themself and ordered the 30 person to stop; and 31 (4) (5) exercise other police powers with respect to the 32 enforcement of Indiana laws. 33 (b) A school resource officer who has completed Tier I or Tier II 34 basic training requirements established by the law enforcement 35 training board under IC 5-2-1-9 has statewide jurisdiction. in every 36 county where the school corporation or charter school engaging the 37 officer operates a school or where the school corporation or charter 38 school's students reside. This subsection does not restrict the 39 jurisdiction that a school resource officer may possess due to the 40 officer's employment by a law enforcement agency. 41 SECTION 6. IC 35-42-2-2, AS AMENDED BY P.L.184-2019, 42 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE ES 525—LS 7101/DI 87 7 1 JULY 1, 2025]: Sec. 2. (a) A person who recklessly, knowingly, or 2 intentionally performs an act that creates a substantial risk of bodily 3 injury to another person commits criminal recklessness. Except as 4 provided in subsection (b), criminal recklessness is a Class B 5 misdemeanor. Class A misdemeanor. 6 (b) The offense of criminal recklessness as defined in subsection (a) 7 is: 8 (1) a Level 6 felony if: 9 (A) it is committed while armed with a deadly weapon; or 10 (B) the person committed aggressive driving (as defined in 11 IC 9-21-8-55) that results in serious bodily injury to another 12 person; or 13 (2) a Level 5 felony if: 14 (A) it is committed by shooting a firearm into an occupied 15 motor vehicle, an inhabited dwelling, or other another 16 building or place where people are likely to gather; be 17 present; or 18 (B) the person committed aggressive driving (as defined in 19 IC 9-21-8-55) that results in the death or catastrophic injury of 20 another person. 21 (c) A person who: 22 (1) is a passenger in a vehicle whose operator has committed 23 an offense under subsection (a) or (b); and 24 (2) points a firearm at another person, a motor vehicle, a 25 dwelling, or another building or place where people are likely 26 to be present; 27 commits criminal recklessness, a Level 6 felony. It is not a defense 28 to a prosecution under this section that the operator of the motor 29 vehicle has not been charged with or convicted of an offense under 30 this section. 31 SECTION 7. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024, 32 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 33 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally: 34 (1) forcibly resists, obstructs, or interferes with a law enforcement 35 officer or a person assisting the officer while the officer is 36 lawfully engaged in the execution of the officer's duties; 37 (2) forcibly resists, obstructs, or interferes with the authorized 38 service or execution of a civil or criminal process or order of a 39 court; or 40 (3) flees from a law enforcement officer after the officer has, by 41 visible or audible means, including operation of the law 42 enforcement officer's siren or emergency lights, identified himself ES 525—LS 7101/DI 87 8 1 or herself and ordered the person to stop; 2 commits resisting law enforcement, a Class A misdemeanor, except as 3 provided in subsection (c). 4 (b) A person who, having been denied entry by a firefighter, an 5 emergency medical services provider, or a law enforcement officer, 6 knowingly or intentionally enters an area that is marked off with barrier 7 tape or other physical barriers, commits interfering with public safety, 8 a Class B misdemeanor, except as provided in subsection (c) or (k). (j). 9 (c) The offense under subsection (a) or (b) is a: 10 (1) Level 6 felony if: 11 (A) the person uses a vehicle to commit the offense; or 12 (B) while committing the offense, the person: 13 (i) draws or uses a deadly weapon; 14 (ii) inflicts bodily injury on or otherwise causes bodily injury 15 to another person; or 16 (iii) operates a vehicle in a manner that creates a substantial 17 risk of bodily injury to another person; 18 (2) Level 5 felony if: 19 (A) while committing the offense, the person operates a 20 vehicle in a manner that causes serious bodily injury to another 21 person; or 22 (B) the person uses a vehicle to commit the offense and the 23 person has a prior unrelated conviction under this section 24 involving the use of a vehicle in the commission of the 25 offense; 26 (3) Level 3 felony if, while committing the offense, the person 27 operates a vehicle in a manner that causes the death or 28 catastrophic injury of another person; and 29 (4) Level 2 felony if, while committing any offense described in 30 subsection (a), the person operates a vehicle in a manner that 31 causes the death or catastrophic injury of a firefighter, an 32 emergency medical services provider, or a law enforcement 33 officer while the firefighter, emergency medical services provider, 34 or law enforcement officer is engaged in the firefighter's, 35 emergency medical services provider's, or officer's official duties. 36 (d) The offense under subsection (a) is a Level 6 felony if, while 37 committing an offense under: 38 (1) subsection (a)(1) or (a)(2), the person: 39 (A) creates a substantial risk of bodily injury to the person or 40 another person; and 41 (B) has two (2) or more prior unrelated convictions under 42 subsection (a); or ES 525—LS 7101/DI 87 9 1 (2) subsection (a)(3), the person has two (2) or more prior 2 unrelated convictions under subsection (a). 3 (e) If a person uses a vehicle to commit a felony offense under 4 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal 5 penalty imposed for the offense, the court shall impose a minimum 6 executed sentence of at least: 7 (1) thirty (30) days, if the person does not have a prior unrelated 8 conviction under this section; 9 (2) one hundred eighty (180) days, if the person has one (1) prior 10 unrelated conviction under this section; or 11 (3) one (1) year, if the person has two (2) or more prior unrelated 12 convictions under this section. 13 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory 14 minimum sentence imposed under subsection (e) may not be 15 suspended. 16 (g) If a person is convicted of an offense involving the use of a 17 motor vehicle under: 18 (1) subsection (c)(1)(A), if the person exceeded the speed limit by 19 at least twenty (20) miles per hour while committing the offense; 20 (2) subsection (c)(2); or 21 (3) subsection (c)(3); 22 the court may notify the bureau of motor vehicles to suspend or revoke 23 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the 24 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The 25 court shall inform the bureau whether the person has been sentenced 26 to a term of incarceration. At the time of conviction, the court may 27 obtain the person's current driver's license and return the license to the 28 bureau of motor vehicles. 29 (h) A person may not be charged or convicted of a crime under 30 subsection (a)(3) if the law enforcement officer is a school resource 31 officer acting in the officer's capacity as a school resource officer. 32 (i) (h) A person who commits an offense described in subsection (c) 33 commits a separate offense for each person whose bodily injury, 34 serious bodily injury, catastrophic injury, or death is caused by a 35 violation of subsection (c). 36 (j) (i) A court may order terms of imprisonment imposed on a 37 person convicted of more than one (1) offense described in subsection 38 (c) to run consecutively. Consecutive terms of imprisonment imposed 39 under this subsection are not subject to the sentencing restrictions set 40 forth in IC 35-50-1-2(c) through IC 35-50-1-2(d). 41 (k) (j) As used in this subsection, "family member" means a child, 42 grandchild, parent, grandparent, or spouse of the person. It is a defense ES 525—LS 7101/DI 87 10 1 to a prosecution under subsection (b) that the person reasonably 2 believed that the person's family member: 3 (1) was in the marked off area; and 4 (2) had suffered bodily injury or was at risk of suffering bodily 5 injury; 6 if the person is not charged as a defendant in connection with the 7 offense, if applicable, that caused the area to be secured by barrier tape 8 or other physical barriers. 9 SECTION 8. IC 36-2-16-4, AS AMENDED BY P.L.233-2015, 10 SECTION 337, IS AMENDED TO READ AS FOLLOWS 11 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) Each of the following county 12 officers is entitled to appoint one (1) first or chief deputy, and also may 13 appoint the number of other full-time or part-time deputies and 14 employees authorized by the county fiscal body: 15 (1) The county auditor. 16 (2) The county treasurer. 17 (3) The county recorder. 18 (4) The county sheriff. 19 (b) This subsection applies only to a county containing a 20 consolidated city. Notwithstanding IC 5-2-1-15 or any other 21 provision of law, if the requirements of IC 5-2-1-21(c)(2) have been 22 fulfilled, after January 1, 2026, a sheriff's deputy appointed by the 23 sheriff of a county containing a consolidated city may not attend 24 basic training at the Indiana law enforcement academy. 25 SECTION 9. IC 36-8-2.1-3, AS ADDED BY P.L.271-2019, 26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 27 JULY 1, 2025]: Sec. 3. As used in this chapter, "police department" 28 means a police department established by: 29 (1) a county; 30 (2) a city; 31 (3) a town; 32 (4) the state; 33 (5) a school corporation (as described under IC 20-26-16); or 34 (6) a postsecondary educational institution (as described under 35 IC 21-17-5-2 or IC 21-39-4-2); or 36 (7) a hospital under IC 16-18-4. 37 SECTION 10. [EFFECTIVE UPON PASSAGE] (a) The legislative 38 council is urged to assign to the appropriate interim study 39 committee the task of studying the following: 40 (1) Whether a sheriff's office located in a county containing a 41 consolidated city should operate under a merit system. 42 (2) Whether IC 36-3-1-5.1 should be modified or repealed. ES 525—LS 7101/DI 87 11 1 (b) This SECTION expires December 31, 2025. 2 SECTION 11. An emergency is declared for this act. ES 525—LS 7101/DI 87 12 COMMITTEE REPORT Mr. President: The Senate Committee on Corrections and Criminal Law, to which was referred Senate Bill No. 525, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill DO PASS. (Reference is to SB 525 as introduced.) FREEMAN, Chairperson Committee Vote: Yeas 7, Nays 2 _____ SENATE MOTION Mr. President: I move that Senate Bill 525 be amended to read as follows: Page 1, line 3, after "Sec. 4." insert "(a)". Page 1, line 10, delete "Sheriff deputies may be appointed only". Page 1, delete line 11, begin a new paragraph and insert: "(b) This subsection applies only to a county containing a consolidated city. Notwithstanding IC 5-2-1-15 or any other provision of law, a sheriff's deputy appointed by the sheriff of a county containing a consolidated city may not: (1) attend; or (2) be accepted for training at; the Indiana law enforcement academy. (c) The law enforcement training board created by IC 5-2-1-3 shall certify one (1) law enforcement academy, located in a county containing a consolidated city, to be used by the Marion County sheriff's office and the Indianapolis metropolitan police department. (d) A Marion County sheriff's deputy may only attend the law enforcement academy described in subsection (c) if the deputy is subject to a merit board established by the governing body of the consolidated city.". Renumber all SECTIONS consecutively. (Reference is to SB 525 as printed February 12, 2025.) FREEMAN ES 525—LS 7101/DI 87 13 COMMITTEE REPORT Mr. Speaker: Your Committee on Veterans Affairs and Public Safety, to which was referred Senate Bill 525, 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: Delete the title and insert the following: A BILL FOR AN ACT to amend the Indiana Code concerning public safety. 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 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 or a deputy of the Marion County sheriff's office, excluding jail deputies appointed under IC 36-8-10-10.6(f). 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 ES 525—LS 7101/DI 87 14 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 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). ES 525—LS 7101/DI 87 15 SECTION 2. IC 5-2-1-21 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21. (a) This section applies to a county containing a consolidated city. (b) 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 December 31, 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 March 1, 2026. (c) Before January 1, 2026, the following actions must be taken: (1) The Marion County Sheriff's Office Academy shall adopt a Tier I basic training curriculum as approved by the board under section 9(d) of this chapter. (2) Subject to subdivision (1), the board shall approve the Marion County Sheriff's Office Academy as a Tier 1 basic training academy governed by the requirements established by the board. (d) If the Marion County Sheriff's Office Academy does not meet the requirements set forth in subsection (c)(1) before January 1, 2026, the Marion County Sheriff's Office Academy may not provide basic training to any deputy until it becomes compliant. During that time, any deputy, excluding reserve deputies and jail deputies appointed under IC 36-8-10-10.6(f), hired by the Marion County sheriff's office shall be accepted for basic training at the Indiana law enforcement academy in the same manner as other law enforcement agencies. SECTION 3. IC 5-10-10-4, AS AMENDED BY P.L.119-2022, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. As used in this chapter, "public safety officer" means any of the following: (1) A state police officer. (2) A county sheriff. (3) A county police officer. (4) A correctional officer. correctional professional, which includes a correctional officer, correctional police officer, or ES 525—LS 7101/DI 87 16 any employee of the department of correction. (5) An excise police officer. (6) A county police reserve officer. (7) A city or town police reserve officer. (8) A conservation enforcement officer. (9) A town marshal. (10) A deputy town marshal. (11) A probation officer. (12) A state educational institution police officer appointed under IC 21-39-4. (13) A police officer whose employer purchases coverage under section 4.5 of this chapter. (14) An emergency medical services provider (as defined in IC 16-41-10-1) who is: (A) employed by a political subdivision (as defined in IC 36-1-2-13); and (B) not eligible for a special death benefit under IC 36-8-6-20, IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20. (15) A firefighter who is employed by the fire department of a state university. (16) A firefighter whose employer purchases coverage under section 4.5 of this chapter. (17) A member of a consolidated law enforcement department established under IC 36-3-1-5.1. (18) A gaming agent of the Indiana gaming commission. (19) A person who is: (A) employed by a political subdivision (as defined in IC 36-1-2-13); and (B) appointed as a special deputy under IC 36-8-10-10.6. (20) A school corporation police officer appointed under IC 20-26-16. (21) A gaming control officer of the Indiana gaming commission. (22) An eligible chaplain who meets the requirements of section 4.7 of this chapter. (23) A community corrections officer. (24) An eligible emergency medical services provider who meets the requirements of section 4.8 of this chapter. (25) An emergency medical services provider whose employer purchases coverage under section 4.9 of this chapter. (26) An emergency management worker (as defined in IC 10-14-3-3), including: (A) an employee of the Indiana department of homeland ES 525—LS 7101/DI 87 17 security who is working in an official capacity as an employee during a disaster or an emergency response; or (B) an employee of a political subdivision who is employed as: (i) an emergency management director; (ii) an assistant emergency management director; or (iii) a deputy emergency management director; for the political subdivision. (27) A division fire investigator (as described in IC 22-14-2-8). (28) A school resource officer (as defined in IC 20-26-18.2-1) who is not otherwise entitled to a line of duty benefit under: (A) IC 36-8-6-20; (B) IC 36-8-7.5-22; or (C) IC 36-8-8-20; while acting as a school resource officer. (29) A county coroner. (30) A deputy county coroner. SECTION 4. IC 5-10-13-2, AS AMENDED BY P.L.178-2022(ts), SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. As used in this chapter, "employee" means an individual who: (1) is employed full time by the state or a political subdivision of the state as: (A) a member of a fire department (as defined in IC 36-8-1-8); (B) an emergency medical services provider (as defined in IC 16-41-10-1); (C) a member of a police department (as defined in IC 36-8-1-9); (D) a correctional officer (as defined in IC 5-10-10-1.5); correctional professional, which includes a correctional officer (as defined in IC 5-10-10-1.5), correctional police officer, or any employee of the department of correction; (E) a state police officer; (F) a county police officer; (G) a county sheriff; (H) an excise police officer; (I) a conservation enforcement officer; (J) a town marshal; (K) a deputy town marshal; (L) a department of homeland security fire investigator; (M) a member of a consolidated law enforcement department established under IC 36-3-1-5.1; (N) a county coroner; or ES 525—LS 7101/DI 87 18 (O) a deputy county coroner; (2) in the course of the individual's employment is at high risk for occupational exposure to an exposure risk disease; and (3) is not employed elsewhere in a similar capacity. SECTION 5. 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) 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 (4) (5) 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. in every county where the school corporation or charter school engaging the officer operates a school or where the school 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. SECTION 6. 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 ES 525—LS 7101/DI 87 19 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. SECTION 7. 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 ES 525—LS 7101/DI 87 20 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 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 ES 525—LS 7101/DI 87 21 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; (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.". Page 1, line 13, after "law" delete "," and insert ", if the requirements of IC 5-2-1-21(c)(2) have been fulfilled, after January 1, 2026,". Page 1, line 14, delete ":" and insert "attend basic training at". Page 1, delete lines 15 through 16. Page 1, run in lines 14 through 17. ES 525—LS 7101/DI 87 22 Page 2, delete lines 1 through 9, begin a new paragraph and insert: "SECTION 9. IC 36-8-2.1-3, AS ADDED BY P.L.271-2019, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. As used in this chapter, "police department" means a police department established by: (1) a county; (2) a city; (3) a town; (4) the state; (5) a school corporation (as described under IC 20-26-16); or (6) a postsecondary educational institution (as described under IC 21-17-5-2 or IC 21-39-4-2); or (7) a hospital under IC 16-18-4. SECTION 10. [EFFECTIVE UPON PASSAGE] (a) The legislative council is urged to assign to the appropriate interim study committee the task of studying the following: (1) Whether a sheriff's office located in a county containing a consolidated city should operate under a merit system. (2) Whether IC 36-3-1-5.1 should be modified or repealed. (b) This SECTION expires December 31, 2025. SECTION 11. An emergency is declared for this act.". Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to SB 525 as reprinted February 19, 2025.) BARTELS Committee Vote: yeas 11, nays 0. ES 525—LS 7101/DI 87