74 | 68 | | First Regular Session of the 124th General Assembly (2025) |
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75 | 69 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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76 | 70 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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77 | 71 | | additions will appear in this style type, and deletions will appear in this style type. |
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78 | 72 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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79 | 73 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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80 | 74 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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81 | 75 | | a new provision to the Indiana Code or the Indiana Constitution. |
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82 | 76 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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83 | 77 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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84 | 78 | | ENGROSSED |
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85 | 79 | | SENATE BILL No. 525 |
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86 | 80 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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87 | 81 | | public safety. |
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88 | 82 | | Be it enacted by the General Assembly of the State of Indiana: |
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89 | 83 | | 1 SECTION 1. IC 5-2-1-2, AS AMENDED BY P.L.173-2023, |
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90 | 84 | | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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91 | 85 | | 3 JULY 1, 2025]: Sec. 2. For the purposes of this chapter, and unless the |
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92 | 86 | | 4 context clearly denotes otherwise, the following definitions apply |
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93 | 87 | | 5 throughout this chapter: |
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94 | 88 | | 6 (1) "Law enforcement officer" means an appointed officer or |
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95 | 89 | | 7 employee hired by and on the payroll of the state, any of the |
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96 | 90 | | 8 state's political subdivisions, a hospital police department (as |
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97 | 91 | | 9 described in IC 16-18-4), a tribal police officer (as described in |
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98 | 92 | | 10 IC 5-2-24), or a public or private postsecondary educational |
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99 | 93 | | 11 institution whose board of trustees has established a police |
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100 | 94 | | 12 department under IC 21-17-5-2 or IC 21-39-4-2 who is granted |
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101 | 95 | | 13 lawful authority to enforce all or some of the penal laws of the |
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102 | 96 | | 14 state of Indiana and who possesses, with respect to those laws, the |
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103 | 97 | | 15 power to effect arrests for offenses committed in the officer's or |
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104 | 98 | | 16 employee's presence. The term includes a special officer |
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105 | 99 | | 17 employed by a consolidated city full time after June 30, 2023, |
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106 | 100 | | ES 525—LS 7101/DI 87 2 |
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107 | 101 | | 1 to perform park ranger duties or a deputy of the Marion |
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108 | 102 | | 2 County sheriff's office, excluding jail deputies appointed |
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109 | 103 | | 3 under IC 36-8-10-10.6(f). However, except as otherwise |
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110 | 104 | | 4 provided in this chapter, the following are expressly excluded |
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111 | 105 | | 5 from the term "law enforcement officer" for the purposes of this |
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112 | 106 | | 6 chapter: |
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113 | 107 | | 7 (A) A constable. |
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114 | 108 | | 8 (B) A special officer whose powers and duties are described |
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115 | 109 | | 9 in IC 36-8-3-7 or a special deputy whose powers and duties are |
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116 | 110 | | 10 described in IC 36-8-10-10.6. However, a special officer |
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117 | 111 | | 11 employed by a consolidated city full time after June 30, 2023, |
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118 | 112 | | 12 to perform park ranger duties is a law enforcement officer for |
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119 | 113 | | 13 the purposes of this chapter. |
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120 | 114 | | 14 (C) A county police reserve officer who receives compensation |
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121 | 115 | | 15 for lake patrol duties under IC 36-8-3-20(f)(3). |
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122 | 116 | | 16 (D) A conservation reserve officer who receives compensation |
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123 | 117 | | 17 for lake patrol duties under IC 14-9-8-27. |
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124 | 118 | | 18 (E) An employee of the gaming commission whose powers |
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125 | 119 | | 19 and duties are described in IC 4-32.3-9. |
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126 | 120 | | 20 (F) A correctional police officer described in IC 11-8-9. |
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127 | 121 | | 21 For purposes of section 12.5 of this chapter, the term includes a |
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128 | 122 | | 22 police reserve officer (as described in IC 36-8-3-20), even if the |
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129 | 123 | | 23 police reserve officer works as a volunteer. |
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130 | 124 | | 24 (2) "Board" means the law enforcement training board created by |
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131 | 125 | | 25 this chapter. |
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132 | 126 | | 26 (3) "Executive training program" means the police chief executive |
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133 | 127 | | 27 training program developed by the board under section 9 of this |
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134 | 128 | | 28 chapter. |
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135 | 129 | | 29 (4) "Law enforcement training council" means one (1) of the |
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136 | 130 | | 30 confederations of law enforcement agencies recognized by the |
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137 | 131 | | 31 board and organized for the sole purpose of sharing training, |
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138 | 132 | | 32 instructors, and related resources. |
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139 | 133 | | 33 (5) "Training regarding the lawful use of force" includes |
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140 | 134 | | 34 classroom and skills training in the proper application of hand to |
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141 | 135 | | 35 hand defensive tactics, use of firearms, and other methods of: |
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142 | 136 | | 36 (A) overcoming unlawful resistance; or |
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143 | 137 | | 37 (B) countering other action that threatens the safety of the |
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144 | 138 | | 38 public or a law enforcement officer. |
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145 | 139 | | 39 (6) "Hiring or appointing authority" means: |
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146 | 140 | | 40 (A) the chief executive officer, board, or other entity of a |
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147 | 141 | | 41 police department or agency with authority to appoint and hire |
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148 | 142 | | 42 law enforcement officers; or |
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149 | 143 | | ES 525—LS 7101/DI 87 3 |
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150 | 144 | | 1 (B) the governor, mayor, board, or other entity with the |
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151 | 145 | | 2 authority to appoint a chief executive officer of a police |
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152 | 146 | | 3 department or agency. |
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153 | 147 | | 4 (7) "Crisis intervention team" refers to a local coalition with a |
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154 | 148 | | 5 goal of improving the manner in which law enforcement and the |
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155 | 149 | | 6 community respond to crisis situations in which an individual is |
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156 | 150 | | 7 experiencing a mental health or addictive disorder crisis. |
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157 | 151 | | 8 (8) "Law enforcement agency" means a state agency, a political |
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158 | 152 | | 9 subdivision, a hospital police department (as described in |
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159 | 153 | | 10 IC 16-18-4), a tribal law enforcement agency (as described in |
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160 | 154 | | 11 IC 5-2-24), or a public or private postsecondary educational |
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161 | 155 | | 12 institution that employs and has on its payroll a law enforcement |
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162 | 156 | | 13 officer, including individuals described in subdivision (1)(A) |
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163 | 157 | | 14 through (1)(F). |
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164 | 158 | | 15 SECTION 2. IC 5-2-1-21 IS ADDED TO THE INDIANA CODE |
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165 | 159 | | 16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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166 | 160 | | 17 UPON PASSAGE]: Sec. 21. (a) This section applies to a county |
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167 | 161 | | 18 containing a consolidated city. |
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168 | 162 | | 19 (b) Notwithstanding any other law, all deputies, excluding |
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169 | 163 | | 20 reserve deputies and jail deputies appointed under |
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170 | 164 | | 21 IC 36-8-10-10.6(f), employed by the Marion County sheriff's office |
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171 | 165 | | 22 on December 31, 2025, shall be certified by the board as Tier II law |
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172 | 166 | | 23 enforcement officers, unless the deputy is otherwise certified as a |
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173 | 167 | | 24 Tier I law enforcement officer. The Marion County sheriff's office |
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174 | 168 | | 25 shall submit to the board a list of those deputies who have |
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175 | 169 | | 26 successfully completed at least the minimum basic training |
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176 | 170 | | 27 requirements at the Marion County Sheriff's Office Academy. The |
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177 | 171 | | 28 board shall transmit certificates of the certifications and other |
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178 | 172 | | 29 related documentation to the Marion County sheriff's office not |
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179 | 173 | | 30 later than March 1, 2026. |
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180 | 174 | | 31 (c) Before January 1, 2026, the following actions must be taken: |
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181 | 175 | | 32 (1) The Marion County Sheriff's Office Academy shall adopt |
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182 | 176 | | 33 a Tier I basic training curriculum as approved by the board |
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183 | 177 | | 34 under section 9(d) of this chapter. |
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184 | 178 | | 35 (2) Subject to subdivision (1), the board shall approve the |
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185 | 179 | | 36 Marion County Sheriff's Office Academy as a Tier 1 basic |
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186 | 180 | | 37 training academy governed by the requirements established |
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187 | 181 | | 38 by the board. |
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188 | 182 | | 39 (d) If the Marion County Sheriff's Office Academy does not |
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189 | 183 | | 40 meet the requirements set forth in subsection (c)(1) before January |
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190 | 184 | | 41 1, 2026, the Marion County Sheriff's Office Academy may not |
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191 | 185 | | 42 provide basic training to any deputy until it becomes compliant. |
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192 | 186 | | ES 525—LS 7101/DI 87 4 |
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193 | 187 | | 1 During that time, any deputy, excluding reserve deputies and jail |
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194 | 188 | | 2 deputies appointed under IC 36-8-10-10.6(f), hired by the Marion |
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195 | 189 | | 3 County sheriff's office shall be accepted for basic training at the |
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196 | 190 | | 4 Indiana law enforcement academy in the same manner as other |
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197 | 191 | | 5 law enforcement agencies. |
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198 | 192 | | 6 SECTION 3. IC 5-10-10-4, AS AMENDED BY P.L.119-2022, |
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199 | 193 | | 7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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200 | 194 | | 8 JULY 1, 2025]: Sec. 4. As used in this chapter, "public safety officer" |
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201 | 195 | | 9 means any of the following: |
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202 | 196 | | 10 (1) A state police officer. |
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203 | 197 | | 11 (2) A county sheriff. |
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204 | 198 | | 12 (3) A county police officer. |
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205 | 199 | | 13 (4) A correctional officer. correctional professional, which |
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206 | 200 | | 14 includes a correctional officer, correctional police officer, or |
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207 | 201 | | 15 any employee of the department of correction. |
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208 | 202 | | 16 (5) An excise police officer. |
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209 | 203 | | 17 (6) A county police reserve officer. |
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210 | 204 | | 18 (7) A city or town police reserve officer. |
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211 | 205 | | 19 (8) A conservation enforcement officer. |
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212 | 206 | | 20 (9) A town marshal. |
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213 | 207 | | 21 (10) A deputy town marshal. |
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214 | 208 | | 22 (11) A probation officer. |
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215 | 209 | | 23 (12) A state educational institution police officer appointed under |
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216 | 210 | | 24 IC 21-39-4. |
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217 | 211 | | 25 (13) A police officer whose employer purchases coverage under |
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218 | 212 | | 26 section 4.5 of this chapter. |
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219 | 213 | | 27 (14) An emergency medical services provider (as defined in |
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220 | 214 | | 28 IC 16-41-10-1) who is: |
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221 | 215 | | 29 (A) employed by a political subdivision (as defined in |
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222 | 216 | | 30 IC 36-1-2-13); and |
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223 | 217 | | 31 (B) not eligible for a special death benefit under IC 36-8-6-20, |
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224 | 218 | | 32 IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20. |
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225 | 219 | | 33 (15) A firefighter who is employed by the fire department of a |
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226 | 220 | | 34 state university. |
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227 | 221 | | 35 (16) A firefighter whose employer purchases coverage under |
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228 | 222 | | 36 section 4.5 of this chapter. |
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229 | 223 | | 37 (17) A member of a consolidated law enforcement department |
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230 | 224 | | 38 established under IC 36-3-1-5.1. |
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231 | 225 | | 39 (18) A gaming agent of the Indiana gaming commission. |
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232 | 226 | | 40 (19) A person who is: |
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233 | 227 | | 41 (A) employed by a political subdivision (as defined in |
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234 | 228 | | 42 IC 36-1-2-13); and |
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235 | 229 | | ES 525—LS 7101/DI 87 5 |
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236 | 230 | | 1 (B) appointed as a special deputy under IC 36-8-10-10.6. |
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237 | 231 | | 2 (20) A school corporation police officer appointed under |
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238 | 232 | | 3 IC 20-26-16. |
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239 | 233 | | 4 (21) A gaming control officer of the Indiana gaming commission. |
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240 | 234 | | 5 (22) An eligible chaplain who meets the requirements of section |
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241 | 235 | | 6 4.7 of this chapter. |
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242 | 236 | | 7 (23) A community corrections officer. |
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243 | 237 | | 8 (24) An eligible emergency medical services provider who meets |
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244 | 238 | | 9 the requirements of section 4.8 of this chapter. |
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245 | 239 | | 10 (25) An emergency medical services provider whose employer |
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246 | 240 | | 11 purchases coverage under section 4.9 of this chapter. |
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247 | 241 | | 12 (26) An emergency management worker (as defined in |
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248 | 242 | | 13 IC 10-14-3-3), including: |
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249 | 243 | | 14 (A) an employee of the Indiana department of homeland |
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250 | 244 | | 15 security who is working in an official capacity as an employee |
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251 | 245 | | 16 during a disaster or an emergency response; or |
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252 | 246 | | 17 (B) an employee of a political subdivision who is employed as: |
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253 | 247 | | 18 (i) an emergency management director; |
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254 | 248 | | 19 (ii) an assistant emergency management director; or |
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255 | 249 | | 20 (iii) a deputy emergency management director; |
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256 | 250 | | 21 for the political subdivision. |
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257 | 251 | | 22 (27) A division fire investigator (as described in IC 22-14-2-8). |
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258 | 252 | | 23 (28) A school resource officer (as defined in IC 20-26-18.2-1) |
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259 | 253 | | 24 who is not otherwise entitled to a line of duty benefit under: |
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260 | 254 | | 25 (A) IC 36-8-6-20; |
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261 | 255 | | 26 (B) IC 36-8-7.5-22; or |
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262 | 256 | | 27 (C) IC 36-8-8-20; |
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263 | 257 | | 28 while acting as a school resource officer. |
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264 | 258 | | 29 (29) A county coroner. |
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265 | 259 | | 30 (30) A deputy county coroner. |
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266 | 260 | | 31 SECTION 4. IC 5-10-13-2, AS AMENDED BY P.L.178-2022(ts), |
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267 | 261 | | 32 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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268 | 262 | | 33 JULY 1, 2025]: Sec. 2. As used in this chapter, "employee" means an |
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269 | 263 | | 34 individual who: |
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270 | 264 | | 35 (1) is employed full time by the state or a political subdivision of |
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271 | 265 | | 36 the state as: |
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272 | 266 | | 37 (A) a member of a fire department (as defined in IC 36-8-1-8); |
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273 | 267 | | 38 (B) an emergency medical services provider (as defined in |
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274 | 268 | | 39 IC 16-41-10-1); |
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275 | 269 | | 40 (C) a member of a police department (as defined in |
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276 | 270 | | 41 IC 36-8-1-9); |
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277 | 271 | | 42 (D) a correctional officer (as defined in IC 5-10-10-1.5); |
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278 | 272 | | ES 525—LS 7101/DI 87 6 |
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279 | 273 | | 1 correctional professional, which includes a correctional |
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280 | 274 | | 2 officer (as defined in IC 5-10-10-1.5), correctional police |
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281 | 275 | | 3 officer, or any employee of the department of correction; |
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282 | 276 | | 4 (E) a state police officer; |
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283 | 277 | | 5 (F) a county police officer; |
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284 | 278 | | 6 (G) a county sheriff; |
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285 | 279 | | 7 (H) an excise police officer; |
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286 | 280 | | 8 (I) a conservation enforcement officer; |
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287 | 281 | | 9 (J) a town marshal; |
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288 | 282 | | 10 (K) a deputy town marshal; |
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289 | 283 | | 11 (L) a department of homeland security fire investigator; |
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290 | 284 | | 12 (M) a member of a consolidated law enforcement department |
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291 | 285 | | 13 established under IC 36-3-1-5.1; |
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292 | 286 | | 14 (N) a county coroner; or |
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293 | 287 | | 15 (O) a deputy county coroner; |
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294 | 288 | | 16 (2) in the course of the individual's employment is at high risk for |
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295 | 289 | | 17 occupational exposure to an exposure risk disease; and |
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296 | 290 | | 18 (3) is not employed elsewhere in a similar capacity. |
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297 | 291 | | 19 SECTION 5. IC 20-26-18.2-3, AS ADDED BY P.L.172-2013, |
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298 | 292 | | 20 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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299 | 293 | | 21 JULY 1, 2025]: Sec. 3. (a) A school resource officer may: |
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300 | 294 | | 22 (1) make an arrest; |
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301 | 295 | | 23 (2) conduct a search or a seizure of a person or property using the |
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302 | 296 | | 24 reasonable suspicion standard; |
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303 | 297 | | 25 (3) carry a firearm on or off school property; and |
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304 | 298 | | 26 (4) pursue a person who flees from a school resource officer |
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305 | 299 | | 27 after the school resource officer has, by visible or audible |
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306 | 300 | | 28 means, including the operation of the school resource officer's |
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307 | 301 | | 29 siren or emergency lights, identified themself and ordered the |
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308 | 302 | | 30 person to stop; and |
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309 | 303 | | 31 (4) (5) exercise other police powers with respect to the |
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310 | 304 | | 32 enforcement of Indiana laws. |
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311 | 305 | | 33 (b) A school resource officer who has completed Tier I or Tier II |
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312 | 306 | | 34 basic training requirements established by the law enforcement |
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313 | 307 | | 35 training board under IC 5-2-1-9 has statewide jurisdiction. in every |
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314 | 308 | | 36 county where the school corporation or charter school engaging the |
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315 | 309 | | 37 officer operates a school or where the school corporation or charter |
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316 | 310 | | 38 school's students reside. This subsection does not restrict the |
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317 | 311 | | 39 jurisdiction that a school resource officer may possess due to the |
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318 | 312 | | 40 officer's employment by a law enforcement agency. |
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319 | 313 | | 41 SECTION 6. IC 35-42-2-2, AS AMENDED BY P.L.184-2019, |
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320 | 314 | | 42 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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321 | 315 | | ES 525—LS 7101/DI 87 7 |
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322 | 316 | | 1 JULY 1, 2025]: Sec. 2. (a) A person who recklessly, knowingly, or |
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323 | 317 | | 2 intentionally performs an act that creates a substantial risk of bodily |
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324 | 318 | | 3 injury to another person commits criminal recklessness. Except as |
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325 | 319 | | 4 provided in subsection (b), criminal recklessness is a Class B |
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326 | 320 | | 5 misdemeanor. Class A misdemeanor. |
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327 | 321 | | 6 (b) The offense of criminal recklessness as defined in subsection (a) |
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328 | 322 | | 7 is: |
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329 | 323 | | 8 (1) a Level 6 felony if: |
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330 | 324 | | 9 (A) it is committed while armed with a deadly weapon; or |
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331 | 325 | | 10 (B) the person committed aggressive driving (as defined in |
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332 | 326 | | 11 IC 9-21-8-55) that results in serious bodily injury to another |
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333 | 327 | | 12 person; or |
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334 | 328 | | 13 (2) a Level 5 felony if: |
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335 | 329 | | 14 (A) it is committed by shooting a firearm into an occupied |
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336 | 330 | | 15 motor vehicle, an inhabited dwelling, or other another |
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337 | 331 | | 16 building or place where people are likely to gather; be |
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338 | 332 | | 17 present; or |
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339 | 333 | | 18 (B) the person committed aggressive driving (as defined in |
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340 | 334 | | 19 IC 9-21-8-55) that results in the death or catastrophic injury of |
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341 | 335 | | 20 another person. |
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342 | 336 | | 21 (c) A person who: |
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343 | 337 | | 22 (1) is a passenger in a vehicle whose operator has committed |
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344 | 338 | | 23 an offense under subsection (a) or (b); and |
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345 | 339 | | 24 (2) points a firearm at another person, a motor vehicle, a |
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346 | 340 | | 25 dwelling, or another building or place where people are likely |
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347 | 341 | | 26 to be present; |
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348 | 342 | | 27 commits criminal recklessness, a Level 6 felony. It is not a defense |
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349 | 343 | | 28 to a prosecution under this section that the operator of the motor |
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350 | 344 | | 29 vehicle has not been charged with or convicted of an offense under |
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351 | 345 | | 30 this section. |
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352 | 346 | | 31 SECTION 7. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024, |
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353 | 347 | | 32 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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354 | 348 | | 33 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally: |
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355 | 349 | | 34 (1) forcibly resists, obstructs, or interferes with a law enforcement |
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356 | 350 | | 35 officer or a person assisting the officer while the officer is |
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357 | 351 | | 36 lawfully engaged in the execution of the officer's duties; |
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358 | 352 | | 37 (2) forcibly resists, obstructs, or interferes with the authorized |
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359 | 353 | | 38 service or execution of a civil or criminal process or order of a |
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360 | 354 | | 39 court; or |
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361 | 355 | | 40 (3) flees from a law enforcement officer after the officer has, by |
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362 | 356 | | 41 visible or audible means, including operation of the law |
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363 | 357 | | 42 enforcement officer's siren or emergency lights, identified himself |
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364 | 358 | | ES 525—LS 7101/DI 87 8 |
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365 | 359 | | 1 or herself and ordered the person to stop; |
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366 | 360 | | 2 commits resisting law enforcement, a Class A misdemeanor, except as |
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367 | 361 | | 3 provided in subsection (c). |
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368 | 362 | | 4 (b) A person who, having been denied entry by a firefighter, an |
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369 | 363 | | 5 emergency medical services provider, or a law enforcement officer, |
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370 | 364 | | 6 knowingly or intentionally enters an area that is marked off with barrier |
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371 | 365 | | 7 tape or other physical barriers, commits interfering with public safety, |
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372 | 366 | | 8 a Class B misdemeanor, except as provided in subsection (c) or (k). (j). |
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373 | 367 | | 9 (c) The offense under subsection (a) or (b) is a: |
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374 | 368 | | 10 (1) Level 6 felony if: |
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375 | 369 | | 11 (A) the person uses a vehicle to commit the offense; or |
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376 | 370 | | 12 (B) while committing the offense, the person: |
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377 | 371 | | 13 (i) draws or uses a deadly weapon; |
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378 | 372 | | 14 (ii) inflicts bodily injury on or otherwise causes bodily injury |
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379 | 373 | | 15 to another person; or |
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380 | 374 | | 16 (iii) operates a vehicle in a manner that creates a substantial |
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381 | 375 | | 17 risk of bodily injury to another person; |
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382 | 376 | | 18 (2) Level 5 felony if: |
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383 | 377 | | 19 (A) while committing the offense, the person operates a |
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384 | 378 | | 20 vehicle in a manner that causes serious bodily injury to another |
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385 | 379 | | 21 person; or |
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386 | 380 | | 22 (B) the person uses a vehicle to commit the offense and the |
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387 | 381 | | 23 person has a prior unrelated conviction under this section |
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388 | 382 | | 24 involving the use of a vehicle in the commission of the |
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389 | 383 | | 25 offense; |
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390 | 384 | | 26 (3) Level 3 felony if, while committing the offense, the person |
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391 | 385 | | 27 operates a vehicle in a manner that causes the death or |
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392 | 386 | | 28 catastrophic injury of another person; and |
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393 | 387 | | 29 (4) Level 2 felony if, while committing any offense described in |
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394 | 388 | | 30 subsection (a), the person operates a vehicle in a manner that |
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395 | 389 | | 31 causes the death or catastrophic injury of a firefighter, an |
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396 | 390 | | 32 emergency medical services provider, or a law enforcement |
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397 | 391 | | 33 officer while the firefighter, emergency medical services provider, |
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398 | 392 | | 34 or law enforcement officer is engaged in the firefighter's, |
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399 | 393 | | 35 emergency medical services provider's, or officer's official duties. |
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400 | 394 | | 36 (d) The offense under subsection (a) is a Level 6 felony if, while |
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401 | 395 | | 37 committing an offense under: |
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402 | 396 | | 38 (1) subsection (a)(1) or (a)(2), the person: |
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403 | 397 | | 39 (A) creates a substantial risk of bodily injury to the person or |
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404 | 398 | | 40 another person; and |
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405 | 399 | | 41 (B) has two (2) or more prior unrelated convictions under |
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406 | 400 | | 42 subsection (a); or |
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407 | 401 | | ES 525—LS 7101/DI 87 9 |
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408 | 402 | | 1 (2) subsection (a)(3), the person has two (2) or more prior |
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409 | 403 | | 2 unrelated convictions under subsection (a). |
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410 | 404 | | 3 (e) If a person uses a vehicle to commit a felony offense under |
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411 | 405 | | 4 subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal |
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412 | 406 | | 5 penalty imposed for the offense, the court shall impose a minimum |
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413 | 407 | | 6 executed sentence of at least: |
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414 | 408 | | 7 (1) thirty (30) days, if the person does not have a prior unrelated |
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415 | 409 | | 8 conviction under this section; |
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416 | 410 | | 9 (2) one hundred eighty (180) days, if the person has one (1) prior |
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417 | 411 | | 10 unrelated conviction under this section; or |
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418 | 412 | | 11 (3) one (1) year, if the person has two (2) or more prior unrelated |
---|
419 | 413 | | 12 convictions under this section. |
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420 | 414 | | 13 (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory |
---|
421 | 415 | | 14 minimum sentence imposed under subsection (e) may not be |
---|
422 | 416 | | 15 suspended. |
---|
423 | 417 | | 16 (g) If a person is convicted of an offense involving the use of a |
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424 | 418 | | 17 motor vehicle under: |
---|
425 | 419 | | 18 (1) subsection (c)(1)(A), if the person exceeded the speed limit by |
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426 | 420 | | 19 at least twenty (20) miles per hour while committing the offense; |
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427 | 421 | | 20 (2) subsection (c)(2); or |
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428 | 422 | | 21 (3) subsection (c)(3); |
---|
429 | 423 | | 22 the court may notify the bureau of motor vehicles to suspend or revoke |
---|
430 | 424 | | 23 the person's driver's license in accordance with IC 9-30-4-6.1(b) for the |
---|
431 | 425 | | 24 period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The |
---|
432 | 426 | | 25 court shall inform the bureau whether the person has been sentenced |
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433 | 427 | | 26 to a term of incarceration. At the time of conviction, the court may |
---|
434 | 428 | | 27 obtain the person's current driver's license and return the license to the |
---|
435 | 429 | | 28 bureau of motor vehicles. |
---|
436 | 430 | | 29 (h) A person may not be charged or convicted of a crime under |
---|
437 | 431 | | 30 subsection (a)(3) if the law enforcement officer is a school resource |
---|
438 | 432 | | 31 officer acting in the officer's capacity as a school resource officer. |
---|
439 | 433 | | 32 (i) (h) A person who commits an offense described in subsection (c) |
---|
440 | 434 | | 33 commits a separate offense for each person whose bodily injury, |
---|
441 | 435 | | 34 serious bodily injury, catastrophic injury, or death is caused by a |
---|
442 | 436 | | 35 violation of subsection (c). |
---|
443 | 437 | | 36 (j) (i) A court may order terms of imprisonment imposed on a |
---|
444 | 438 | | 37 person convicted of more than one (1) offense described in subsection |
---|
445 | 439 | | 38 (c) to run consecutively. Consecutive terms of imprisonment imposed |
---|
446 | 440 | | 39 under this subsection are not subject to the sentencing restrictions set |
---|
447 | 441 | | 40 forth in IC 35-50-1-2(c) through IC 35-50-1-2(d). |
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448 | 442 | | 41 (k) (j) As used in this subsection, "family member" means a child, |
---|
449 | 443 | | 42 grandchild, parent, grandparent, or spouse of the person. It is a defense |
---|
450 | 444 | | ES 525—LS 7101/DI 87 10 |
---|
451 | 445 | | 1 to a prosecution under subsection (b) that the person reasonably |
---|
452 | 446 | | 2 believed that the person's family member: |
---|
453 | 447 | | 3 (1) was in the marked off area; and |
---|
454 | 448 | | 4 (2) had suffered bodily injury or was at risk of suffering bodily |
---|
455 | 449 | | 5 injury; |
---|
456 | 450 | | 6 if the person is not charged as a defendant in connection with the |
---|
457 | 451 | | 7 offense, if applicable, that caused the area to be secured by barrier tape |
---|
458 | 452 | | 8 or other physical barriers. |
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524 | 490 | | ES 525—LS 7101/DI 87 12 |
---|
525 | 491 | | COMMITTEE REPORT |
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526 | 492 | | Mr. President: The Senate Committee on Corrections and Criminal |
---|
527 | 493 | | Law, to which was referred Senate Bill No. 525, has had the same |
---|
528 | 494 | | under consideration and begs leave to report the same back to the |
---|
529 | 495 | | Senate with the recommendation that said bill DO PASS. |
---|
530 | 496 | | (Reference is to SB 525 as introduced.) |
---|
531 | 497 | | |
---|
532 | 498 | | FREEMAN, Chairperson |
---|
533 | 499 | | Committee Vote: Yeas 7, Nays 2 |
---|
534 | 500 | | _____ |
---|
535 | 501 | | SENATE MOTION |
---|
536 | 502 | | Mr. President: I move that Senate Bill 525 be amended to read as |
---|
537 | 503 | | follows: |
---|
538 | 504 | | Page 1, line 3, after "Sec. 4." insert "(a)". |
---|
539 | 505 | | Page 1, line 10, delete "Sheriff deputies may be appointed only". |
---|
540 | 506 | | Page 1, delete line 11, begin a new paragraph and insert: |
---|
541 | 507 | | "(b) This subsection applies only to a county containing a |
---|
542 | 508 | | consolidated city. Notwithstanding IC 5-2-1-15 or any other |
---|
543 | 509 | | provision of law, a sheriff's deputy appointed by the sheriff of a |
---|
544 | 510 | | county containing a consolidated city may not: |
---|
545 | 511 | | (1) attend; or |
---|
546 | 512 | | (2) be accepted for training at; |
---|
547 | 513 | | the Indiana law enforcement academy. |
---|
548 | 514 | | (c) The law enforcement training board created by IC 5-2-1-3 |
---|
549 | 515 | | shall certify one (1) law enforcement academy, located in a county |
---|
550 | 516 | | containing a consolidated city, to be used by the Marion County |
---|
551 | 517 | | sheriff's office and the Indianapolis metropolitan police |
---|
552 | 518 | | department. |
---|
553 | 519 | | (d) A Marion County sheriff's deputy may only attend the law |
---|
554 | 520 | | enforcement academy described in subsection (c) if the deputy is |
---|
555 | 521 | | subject to a merit board established by the governing body of the |
---|
556 | 522 | | consolidated city.". |
---|
557 | 523 | | Renumber all SECTIONS consecutively. |
---|
558 | 524 | | (Reference is to SB 525 as printed February 12, 2025.) |
---|
559 | 525 | | FREEMAN |
---|
560 | 526 | | ES 525—LS 7101/DI 87 13 |
---|
561 | 527 | | COMMITTEE REPORT |
---|
562 | 528 | | Mr. Speaker: Your Committee on Veterans Affairs and Public |
---|
563 | 529 | | Safety, to which was referred Senate Bill 525, has had the same under |
---|
564 | 530 | | consideration and begs leave to report the same back to the House with |
---|
565 | 531 | | the recommendation that said bill be amended as follows: |
---|
566 | 532 | | Delete the title and insert the following: |
---|
567 | 533 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
---|
568 | 534 | | public safety. |
---|
569 | 535 | | Page 1, between the enacting clause and line 1, begin a new |
---|
570 | 536 | | paragraph and insert: |
---|
571 | 537 | | "SECTION 1. IC 5-2-1-2, AS AMENDED BY P.L.173-2023, |
---|
572 | 538 | | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
573 | 539 | | JULY 1, 2025]: Sec. 2. For the purposes of this chapter, and unless the |
---|
574 | 540 | | context clearly denotes otherwise, the following definitions apply |
---|
575 | 541 | | throughout this chapter: |
---|
576 | 542 | | (1) "Law enforcement officer" means an appointed officer or |
---|
577 | 543 | | employee hired by and on the payroll of the state, any of the |
---|
578 | 544 | | state's political subdivisions, a hospital police department (as |
---|
579 | 545 | | described in IC 16-18-4), a tribal police officer (as described in |
---|
580 | 546 | | IC 5-2-24), or a public or private postsecondary educational |
---|
581 | 547 | | institution whose board of trustees has established a police |
---|
582 | 548 | | department under IC 21-17-5-2 or IC 21-39-4-2 who is granted |
---|
583 | 549 | | lawful authority to enforce all or some of the penal laws of the |
---|
584 | 550 | | state of Indiana and who possesses, with respect to those laws, the |
---|
585 | 551 | | power to effect arrests for offenses committed in the officer's or |
---|
586 | 552 | | employee's presence. The term includes a special officer |
---|
587 | 553 | | employed by a consolidated city full time after June 30, 2023, |
---|
588 | 554 | | to perform park ranger duties or a deputy of the Marion |
---|
589 | 555 | | County sheriff's office, excluding jail deputies appointed |
---|
590 | 556 | | under IC 36-8-10-10.6(f). However, except as otherwise |
---|
591 | 557 | | provided in this chapter, the following are expressly excluded |
---|
592 | 558 | | from the term "law enforcement officer" for the purposes of this |
---|
593 | 559 | | chapter: |
---|
594 | 560 | | (A) A constable. |
---|
595 | 561 | | (B) A special officer whose powers and duties are described |
---|
596 | 562 | | in IC 36-8-3-7 or a special deputy whose powers and duties are |
---|
597 | 563 | | described in IC 36-8-10-10.6. However, a special officer |
---|
598 | 564 | | employed by a consolidated city full time after June 30, 2023, |
---|
599 | 565 | | to perform park ranger duties is a law enforcement officer for |
---|
600 | 566 | | the purposes of this chapter. |
---|
601 | 567 | | (C) A county police reserve officer who receives compensation |
---|
602 | 568 | | ES 525—LS 7101/DI 87 14 |
---|
603 | 569 | | for lake patrol duties under IC 36-8-3-20(f)(3). |
---|
604 | 570 | | (D) A conservation reserve officer who receives compensation |
---|
605 | 571 | | for lake patrol duties under IC 14-9-8-27. |
---|
606 | 572 | | (E) An employee of the gaming commission whose powers |
---|
607 | 573 | | and duties are described in IC 4-32.3-9. |
---|
608 | 574 | | (F) A correctional police officer described in IC 11-8-9. |
---|
609 | 575 | | For purposes of section 12.5 of this chapter, the term includes a |
---|
610 | 576 | | police reserve officer (as described in IC 36-8-3-20), even if the |
---|
611 | 577 | | police reserve officer works as a volunteer. |
---|
612 | 578 | | (2) "Board" means the law enforcement training board created by |
---|
613 | 579 | | this chapter. |
---|
614 | 580 | | (3) "Executive training program" means the police chief executive |
---|
615 | 581 | | training program developed by the board under section 9 of this |
---|
616 | 582 | | chapter. |
---|
617 | 583 | | (4) "Law enforcement training council" means one (1) of the |
---|
618 | 584 | | confederations of law enforcement agencies recognized by the |
---|
619 | 585 | | board and organized for the sole purpose of sharing training, |
---|
620 | 586 | | instructors, and related resources. |
---|
621 | 587 | | (5) "Training regarding the lawful use of force" includes |
---|
622 | 588 | | classroom and skills training in the proper application of hand to |
---|
623 | 589 | | hand defensive tactics, use of firearms, and other methods of: |
---|
624 | 590 | | (A) overcoming unlawful resistance; or |
---|
625 | 591 | | (B) countering other action that threatens the safety of the |
---|
626 | 592 | | public or a law enforcement officer. |
---|
627 | 593 | | (6) "Hiring or appointing authority" means: |
---|
628 | 594 | | (A) the chief executive officer, board, or other entity of a |
---|
629 | 595 | | police department or agency with authority to appoint and hire |
---|
630 | 596 | | law enforcement officers; or |
---|
631 | 597 | | (B) the governor, mayor, board, or other entity with the |
---|
632 | 598 | | authority to appoint a chief executive officer of a police |
---|
633 | 599 | | department or agency. |
---|
634 | 600 | | (7) "Crisis intervention team" refers to a local coalition with a |
---|
635 | 601 | | goal of improving the manner in which law enforcement and the |
---|
636 | 602 | | community respond to crisis situations in which an individual is |
---|
637 | 603 | | experiencing a mental health or addictive disorder crisis. |
---|
638 | 604 | | (8) "Law enforcement agency" means a state agency, a political |
---|
639 | 605 | | subdivision, a hospital police department (as described in |
---|
640 | 606 | | IC 16-18-4), a tribal law enforcement agency (as described in |
---|
641 | 607 | | IC 5-2-24), or a public or private postsecondary educational |
---|
642 | 608 | | institution that employs and has on its payroll a law enforcement |
---|
643 | 609 | | officer, including individuals described in subdivision (1)(A) |
---|
644 | 610 | | through (1)(F). |
---|
645 | 611 | | ES 525—LS 7101/DI 87 15 |
---|
646 | 612 | | SECTION 2. IC 5-2-1-21 IS ADDED TO THE INDIANA CODE |
---|
647 | 613 | | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
---|
648 | 614 | | UPON PASSAGE]: Sec. 21. (a) This section applies to a county |
---|
649 | 615 | | containing a consolidated city. |
---|
650 | 616 | | (b) Notwithstanding any other law, all deputies, excluding |
---|
651 | 617 | | reserve deputies and jail deputies appointed under |
---|
652 | 618 | | IC 36-8-10-10.6(f), employed by the Marion County sheriff's office |
---|
653 | 619 | | on December 31, 2025, shall be certified by the board as Tier II law |
---|
654 | 620 | | enforcement officers, unless the deputy is otherwise certified as a |
---|
655 | 621 | | Tier I law enforcement officer. The Marion County sheriff's office |
---|
656 | 622 | | shall submit to the board a list of those deputies who have |
---|
657 | 623 | | successfully completed at least the minimum basic training |
---|
658 | 624 | | requirements at the Marion County Sheriff's Office Academy. The |
---|
659 | 625 | | board shall transmit certificates of the certifications and other |
---|
660 | 626 | | related documentation to the Marion County sheriff's office not |
---|
661 | 627 | | later than March 1, 2026. |
---|
662 | 628 | | (c) Before January 1, 2026, the following actions must be taken: |
---|
663 | 629 | | (1) The Marion County Sheriff's Office Academy shall adopt |
---|
664 | 630 | | a Tier I basic training curriculum as approved by the board |
---|
665 | 631 | | under section 9(d) of this chapter. |
---|
666 | 632 | | (2) Subject to subdivision (1), the board shall approve the |
---|
667 | 633 | | Marion County Sheriff's Office Academy as a Tier 1 basic |
---|
668 | 634 | | training academy governed by the requirements established |
---|
669 | 635 | | by the board. |
---|
670 | 636 | | (d) If the Marion County Sheriff's Office Academy does not |
---|
671 | 637 | | meet the requirements set forth in subsection (c)(1) before January |
---|
672 | 638 | | 1, 2026, the Marion County Sheriff's Office Academy may not |
---|
673 | 639 | | provide basic training to any deputy until it becomes compliant. |
---|
674 | 640 | | During that time, any deputy, excluding reserve deputies and jail |
---|
675 | 641 | | deputies appointed under IC 36-8-10-10.6(f), hired by the Marion |
---|
676 | 642 | | County sheriff's office shall be accepted for basic training at the |
---|
677 | 643 | | Indiana law enforcement academy in the same manner as other |
---|
678 | 644 | | law enforcement agencies. |
---|
679 | 645 | | SECTION 3. IC 5-10-10-4, AS AMENDED BY P.L.119-2022, |
---|
680 | 646 | | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
681 | 647 | | JULY 1, 2025]: Sec. 4. As used in this chapter, "public safety officer" |
---|
682 | 648 | | means any of the following: |
---|
683 | 649 | | (1) A state police officer. |
---|
684 | 650 | | (2) A county sheriff. |
---|
685 | 651 | | (3) A county police officer. |
---|
686 | 652 | | (4) A correctional officer. correctional professional, which |
---|
687 | 653 | | includes a correctional officer, correctional police officer, or |
---|
688 | 654 | | ES 525—LS 7101/DI 87 16 |
---|
689 | 655 | | any employee of the department of correction. |
---|
690 | 656 | | (5) An excise police officer. |
---|
691 | 657 | | (6) A county police reserve officer. |
---|
692 | 658 | | (7) A city or town police reserve officer. |
---|
693 | 659 | | (8) A conservation enforcement officer. |
---|
694 | 660 | | (9) A town marshal. |
---|
695 | 661 | | (10) A deputy town marshal. |
---|
696 | 662 | | (11) A probation officer. |
---|
697 | 663 | | (12) A state educational institution police officer appointed under |
---|
698 | 664 | | IC 21-39-4. |
---|
699 | 665 | | (13) A police officer whose employer purchases coverage under |
---|
700 | 666 | | section 4.5 of this chapter. |
---|
701 | 667 | | (14) An emergency medical services provider (as defined in |
---|
702 | 668 | | IC 16-41-10-1) who is: |
---|
703 | 669 | | (A) employed by a political subdivision (as defined in |
---|
704 | 670 | | IC 36-1-2-13); and |
---|
705 | 671 | | (B) not eligible for a special death benefit under IC 36-8-6-20, |
---|
706 | 672 | | IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20. |
---|
707 | 673 | | (15) A firefighter who is employed by the fire department of a |
---|
708 | 674 | | state university. |
---|
709 | 675 | | (16) A firefighter whose employer purchases coverage under |
---|
710 | 676 | | section 4.5 of this chapter. |
---|
711 | 677 | | (17) A member of a consolidated law enforcement department |
---|
712 | 678 | | established under IC 36-3-1-5.1. |
---|
713 | 679 | | (18) A gaming agent of the Indiana gaming commission. |
---|
714 | 680 | | (19) A person who is: |
---|
715 | 681 | | (A) employed by a political subdivision (as defined in |
---|
716 | 682 | | IC 36-1-2-13); and |
---|
717 | 683 | | (B) appointed as a special deputy under IC 36-8-10-10.6. |
---|
718 | 684 | | (20) A school corporation police officer appointed under |
---|
719 | 685 | | IC 20-26-16. |
---|
720 | 686 | | (21) A gaming control officer of the Indiana gaming commission. |
---|
721 | 687 | | (22) An eligible chaplain who meets the requirements of section |
---|
722 | 688 | | 4.7 of this chapter. |
---|
723 | 689 | | (23) A community corrections officer. |
---|
724 | 690 | | (24) An eligible emergency medical services provider who meets |
---|
725 | 691 | | the requirements of section 4.8 of this chapter. |
---|
726 | 692 | | (25) An emergency medical services provider whose employer |
---|
727 | 693 | | purchases coverage under section 4.9 of this chapter. |
---|
728 | 694 | | (26) An emergency management worker (as defined in |
---|
729 | 695 | | IC 10-14-3-3), including: |
---|
730 | 696 | | (A) an employee of the Indiana department of homeland |
---|
731 | 697 | | ES 525—LS 7101/DI 87 17 |
---|
732 | 698 | | security who is working in an official capacity as an employee |
---|
733 | 699 | | during a disaster or an emergency response; or |
---|
734 | 700 | | (B) an employee of a political subdivision who is employed as: |
---|
735 | 701 | | (i) an emergency management director; |
---|
736 | 702 | | (ii) an assistant emergency management director; or |
---|
737 | 703 | | (iii) a deputy emergency management director; |
---|
738 | 704 | | for the political subdivision. |
---|
739 | 705 | | (27) A division fire investigator (as described in IC 22-14-2-8). |
---|
740 | 706 | | (28) A school resource officer (as defined in IC 20-26-18.2-1) |
---|
741 | 707 | | who is not otherwise entitled to a line of duty benefit under: |
---|
742 | 708 | | (A) IC 36-8-6-20; |
---|
743 | 709 | | (B) IC 36-8-7.5-22; or |
---|
744 | 710 | | (C) IC 36-8-8-20; |
---|
745 | 711 | | while acting as a school resource officer. |
---|
746 | 712 | | (29) A county coroner. |
---|
747 | 713 | | (30) A deputy county coroner. |
---|
748 | 714 | | SECTION 4. IC 5-10-13-2, AS AMENDED BY P.L.178-2022(ts), |
---|
749 | 715 | | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
750 | 716 | | JULY 1, 2025]: Sec. 2. As used in this chapter, "employee" means an |
---|
751 | 717 | | individual who: |
---|
752 | 718 | | (1) is employed full time by the state or a political subdivision of |
---|
753 | 719 | | the state as: |
---|
754 | 720 | | (A) a member of a fire department (as defined in IC 36-8-1-8); |
---|
755 | 721 | | (B) an emergency medical services provider (as defined in |
---|
756 | 722 | | IC 16-41-10-1); |
---|
757 | 723 | | (C) a member of a police department (as defined in |
---|
758 | 724 | | IC 36-8-1-9); |
---|
759 | 725 | | (D) a correctional officer (as defined in IC 5-10-10-1.5); |
---|
760 | 726 | | correctional professional, which includes a correctional |
---|
761 | 727 | | officer (as defined in IC 5-10-10-1.5), correctional police |
---|
762 | 728 | | officer, or any employee of the department of correction; |
---|
763 | 729 | | (E) a state police officer; |
---|
764 | 730 | | (F) a county police officer; |
---|
765 | 731 | | (G) a county sheriff; |
---|
766 | 732 | | (H) an excise police officer; |
---|
767 | 733 | | (I) a conservation enforcement officer; |
---|
768 | 734 | | (J) a town marshal; |
---|
769 | 735 | | (K) a deputy town marshal; |
---|
770 | 736 | | (L) a department of homeland security fire investigator; |
---|
771 | 737 | | (M) a member of a consolidated law enforcement department |
---|
772 | 738 | | established under IC 36-3-1-5.1; |
---|
773 | 739 | | (N) a county coroner; or |
---|
774 | 740 | | ES 525—LS 7101/DI 87 18 |
---|
775 | 741 | | (O) a deputy county coroner; |
---|
776 | 742 | | (2) in the course of the individual's employment is at high risk for |
---|
777 | 743 | | occupational exposure to an exposure risk disease; and |
---|
778 | 744 | | (3) is not employed elsewhere in a similar capacity. |
---|
779 | 745 | | SECTION 5. IC 20-26-18.2-3, AS ADDED BY P.L.172-2013, |
---|
780 | 746 | | SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
781 | 747 | | JULY 1, 2025]: Sec. 3. (a) A school resource officer may: |
---|
782 | 748 | | (1) make an arrest; |
---|
783 | 749 | | (2) conduct a search or a seizure of a person or property using the |
---|
784 | 750 | | reasonable suspicion standard; |
---|
785 | 751 | | (3) carry a firearm on or off school property; and |
---|
786 | 752 | | (4) pursue a person who flees from a school resource officer |
---|
787 | 753 | | after the school resource officer has, by visible or audible |
---|
788 | 754 | | means, including the operation of the school resource officer's |
---|
789 | 755 | | siren or emergency lights, identified themself and ordered the |
---|
790 | 756 | | person to stop; and |
---|
791 | 757 | | (4) (5) exercise other police powers with respect to the |
---|
792 | 758 | | enforcement of Indiana laws. |
---|
793 | 759 | | (b) A school resource officer who has completed Tier I or Tier II |
---|
794 | 760 | | basic training requirements established by the law enforcement |
---|
795 | 761 | | training board under IC 5-2-1-9 has statewide jurisdiction. in every |
---|
796 | 762 | | county where the school corporation or charter school engaging the |
---|
797 | 763 | | officer operates a school or where the school corporation or charter |
---|
798 | 764 | | school's students reside. This subsection does not restrict the |
---|
799 | 765 | | jurisdiction that a school resource officer may possess due to the |
---|
800 | 766 | | officer's employment by a law enforcement agency. |
---|
801 | 767 | | SECTION 6. IC 35-42-2-2, AS AMENDED BY P.L.184-2019, |
---|
802 | 768 | | SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
803 | 769 | | JULY 1, 2025]: Sec. 2. (a) A person who recklessly, knowingly, or |
---|
804 | 770 | | intentionally performs an act that creates a substantial risk of bodily |
---|
805 | 771 | | injury to another person commits criminal recklessness. Except as |
---|
806 | 772 | | provided in subsection (b), criminal recklessness is a Class B |
---|
807 | 773 | | misdemeanor. Class A misdemeanor. |
---|
808 | 774 | | (b) The offense of criminal recklessness as defined in subsection (a) |
---|
809 | 775 | | is: |
---|
810 | 776 | | (1) a Level 6 felony if: |
---|
811 | 777 | | (A) it is committed while armed with a deadly weapon; or |
---|
812 | 778 | | (B) the person committed aggressive driving (as defined in |
---|
813 | 779 | | IC 9-21-8-55) that results in serious bodily injury to another |
---|
814 | 780 | | person; or |
---|
815 | 781 | | (2) a Level 5 felony if: |
---|
816 | 782 | | (A) it is committed by shooting a firearm into an occupied |
---|
817 | 783 | | ES 525—LS 7101/DI 87 19 |
---|
818 | 784 | | motor vehicle, an inhabited dwelling, or other another |
---|
819 | 785 | | building or place where people are likely to gather; be |
---|
820 | 786 | | present; or |
---|
821 | 787 | | (B) the person committed aggressive driving (as defined in |
---|
822 | 788 | | IC 9-21-8-55) that results in the death or catastrophic injury of |
---|
823 | 789 | | another person. |
---|
824 | 790 | | (c) A person who: |
---|
825 | 791 | | (1) is a passenger in a vehicle whose operator has committed |
---|
826 | 792 | | an offense under subsection (a) or (b); and |
---|
827 | 793 | | (2) points a firearm at another person, a motor vehicle, a |
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828 | 794 | | dwelling, or another building or place where people are likely |
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829 | 795 | | to be present; |
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830 | 796 | | commits criminal recklessness, a Level 6 felony. It is not a defense |
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831 | 797 | | to a prosecution under this section that the operator of the motor |
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832 | 798 | | vehicle has not been charged with or convicted of an offense under |
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833 | 799 | | this section. |
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834 | 800 | | SECTION 7. IC 35-44.1-3-1, AS AMENDED BY P.L.141-2024, |
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835 | 801 | | SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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836 | 802 | | JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally: |
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837 | 803 | | (1) forcibly resists, obstructs, or interferes with a law enforcement |
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838 | 804 | | officer or a person assisting the officer while the officer is |
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839 | 805 | | lawfully engaged in the execution of the officer's duties; |
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840 | 806 | | (2) forcibly resists, obstructs, or interferes with the authorized |
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841 | 807 | | service or execution of a civil or criminal process or order of a |
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842 | 808 | | court; or |
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843 | 809 | | (3) flees from a law enforcement officer after the officer has, by |
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844 | 810 | | visible or audible means, including operation of the law |
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845 | 811 | | enforcement officer's siren or emergency lights, identified himself |
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846 | 812 | | or herself and ordered the person to stop; |
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847 | 813 | | commits resisting law enforcement, a Class A misdemeanor, except as |
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848 | 814 | | provided in subsection (c). |
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849 | 815 | | (b) A person who, having been denied entry by a firefighter, an |
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850 | 816 | | emergency medical services provider, or a law enforcement officer, |
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851 | 817 | | knowingly or intentionally enters an area that is marked off with barrier |
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852 | 818 | | tape or other physical barriers, commits interfering with public safety, |
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853 | 819 | | a Class B misdemeanor, except as provided in subsection (c) or (k). (j). |
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854 | 820 | | (c) The offense under subsection (a) or (b) is a: |
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855 | 821 | | (1) Level 6 felony if: |
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856 | 822 | | (A) the person uses a vehicle to commit the offense; or |
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857 | 823 | | (B) while committing the offense, the person: |
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858 | 824 | | (i) draws or uses a deadly weapon; |
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859 | 825 | | (ii) inflicts bodily injury on or otherwise causes bodily injury |
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860 | 826 | | ES 525—LS 7101/DI 87 20 |
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861 | 827 | | to another person; or |
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862 | 828 | | (iii) operates a vehicle in a manner that creates a substantial |
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863 | 829 | | risk of bodily injury to another person; |
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864 | 830 | | (2) Level 5 felony if: |
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865 | 831 | | (A) while committing the offense, the person operates a |
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866 | 832 | | vehicle in a manner that causes serious bodily injury to another |
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867 | 833 | | person; or |
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868 | 834 | | (B) the person uses a vehicle to commit the offense and the |
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869 | 835 | | person has a prior unrelated conviction under this section |
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870 | 836 | | involving the use of a vehicle in the commission of the |
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871 | 837 | | offense; |
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872 | 838 | | (3) Level 3 felony if, while committing the offense, the person |
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873 | 839 | | operates a vehicle in a manner that causes the death or |
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874 | 840 | | catastrophic injury of another person; and |
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875 | 841 | | (4) Level 2 felony if, while committing any offense described in |
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876 | 842 | | subsection (a), the person operates a vehicle in a manner that |
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877 | 843 | | causes the death or catastrophic injury of a firefighter, an |
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878 | 844 | | emergency medical services provider, or a law enforcement |
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879 | 845 | | officer while the firefighter, emergency medical services provider, |
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880 | 846 | | or law enforcement officer is engaged in the firefighter's, |
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881 | 847 | | emergency medical services provider's, or officer's official duties. |
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882 | 848 | | (d) The offense under subsection (a) is a Level 6 felony if, while |
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883 | 849 | | committing an offense under: |
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884 | 850 | | (1) subsection (a)(1) or (a)(2), the person: |
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885 | 851 | | (A) creates a substantial risk of bodily injury to the person or |
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886 | 852 | | another person; and |
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887 | 853 | | (B) has two (2) or more prior unrelated convictions under |
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888 | 854 | | subsection (a); or |
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889 | 855 | | (2) subsection (a)(3), the person has two (2) or more prior |
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890 | 856 | | unrelated convictions under subsection (a). |
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891 | 857 | | (e) If a person uses a vehicle to commit a felony offense under |
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892 | 858 | | subsection (c)(1)(B), (c)(2), (c)(3), or (c)(4), as part of the criminal |
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893 | 859 | | penalty imposed for the offense, the court shall impose a minimum |
---|
894 | 860 | | executed sentence of at least: |
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895 | 861 | | (1) thirty (30) days, if the person does not have a prior unrelated |
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896 | 862 | | conviction under this section; |
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897 | 863 | | (2) one hundred eighty (180) days, if the person has one (1) prior |
---|
898 | 864 | | unrelated conviction under this section; or |
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899 | 865 | | (3) one (1) year, if the person has two (2) or more prior unrelated |
---|
900 | 866 | | convictions under this section. |
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901 | 867 | | (f) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, the mandatory |
---|
902 | 868 | | minimum sentence imposed under subsection (e) may not be |
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903 | 869 | | ES 525—LS 7101/DI 87 21 |
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904 | 870 | | suspended. |
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905 | 871 | | (g) If a person is convicted of an offense involving the use of a |
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906 | 872 | | motor vehicle under: |
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907 | 873 | | (1) subsection (c)(1)(A), if the person exceeded the speed limit by |
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908 | 874 | | at least twenty (20) miles per hour while committing the offense; |
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909 | 875 | | (2) subsection (c)(2); or |
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910 | 876 | | (3) subsection (c)(3); |
---|
911 | 877 | | the court may notify the bureau of motor vehicles to suspend or revoke |
---|
912 | 878 | | the person's driver's license in accordance with IC 9-30-4-6.1(b) for the |
---|
913 | 879 | | period described in IC 9-30-4-6.1(d)(1) or IC 9-30-4-6.1(d)(2). The |
---|
914 | 880 | | court shall inform the bureau whether the person has been sentenced |
---|
915 | 881 | | to a term of incarceration. At the time of conviction, the court may |
---|
916 | 882 | | obtain the person's current driver's license and return the license to the |
---|
917 | 883 | | bureau of motor vehicles. |
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918 | 884 | | (h) A person may not be charged or convicted of a crime under |
---|
919 | 885 | | subsection (a)(3) if the law enforcement officer is a school resource |
---|
920 | 886 | | officer acting in the officer's capacity as a school resource officer. |
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921 | 887 | | (i) (h) A person who commits an offense described in subsection (c) |
---|
922 | 888 | | commits a separate offense for each person whose bodily injury, |
---|
923 | 889 | | serious bodily injury, catastrophic injury, or death is caused by a |
---|
924 | 890 | | violation of subsection (c). |
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925 | 891 | | (j) (i) A court may order terms of imprisonment imposed on a |
---|
926 | 892 | | person convicted of more than one (1) offense described in subsection |
---|
927 | 893 | | (c) to run consecutively. Consecutive terms of imprisonment imposed |
---|
928 | 894 | | under this subsection are not subject to the sentencing restrictions set |
---|
929 | 895 | | forth in IC 35-50-1-2(c) through IC 35-50-1-2(d). |
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930 | 896 | | (k) (j) As used in this subsection, "family member" means a child, |
---|
931 | 897 | | grandchild, parent, grandparent, or spouse of the person. It is a defense |
---|
932 | 898 | | to a prosecution under subsection (b) that the person reasonably |
---|
933 | 899 | | believed that the person's family member: |
---|
934 | 900 | | (1) was in the marked off area; and |
---|
935 | 901 | | (2) had suffered bodily injury or was at risk of suffering bodily |
---|
936 | 902 | | injury; |
---|
937 | 903 | | if the person is not charged as a defendant in connection with the |
---|
938 | 904 | | offense, if applicable, that caused the area to be secured by barrier tape |
---|
939 | 905 | | or other physical barriers.". |
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940 | 906 | | Page 1, line 13, after "law" delete "," and insert ", if the |
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941 | 907 | | requirements of IC 5-2-1-21(c)(2) have been fulfilled, after January |
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942 | 908 | | 1, 2026,". |
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943 | 909 | | Page 1, line 14, delete ":" and insert "attend basic training at". |
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944 | 910 | | Page 1, delete lines 15 through 16. |
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945 | 911 | | Page 1, run in lines 14 through 17. |
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946 | 912 | | ES 525—LS 7101/DI 87 22 |
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947 | 913 | | Page 2, delete lines 1 through 9, begin a new paragraph and insert: |
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948 | 914 | | "SECTION 9. IC 36-8-2.1-3, AS ADDED BY P.L.271-2019, |
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949 | 915 | | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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950 | 916 | | JULY 1, 2025]: Sec. 3. As used in this chapter, "police department" |
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951 | 917 | | means a police department established by: |
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952 | 918 | | (1) a county; |
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953 | 919 | | (2) a city; |
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954 | 920 | | (3) a town; |
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955 | 921 | | (4) the state; |
---|
956 | 922 | | (5) a school corporation (as described under IC 20-26-16); or |
---|
957 | 923 | | (6) a postsecondary educational institution (as described under |
---|
958 | 924 | | IC 21-17-5-2 or IC 21-39-4-2); or |
---|
959 | 925 | | (7) a hospital under IC 16-18-4. |
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960 | 926 | | SECTION 10. [EFFECTIVE UPON PASSAGE] (a) The legislative |
---|
961 | 927 | | council is urged to assign to the appropriate interim study |
---|
962 | 928 | | committee the task of studying the following: |
---|
963 | 929 | | (1) Whether a sheriff's office located in a county containing a |
---|
964 | 930 | | consolidated city should operate under a merit system. |
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965 | 931 | | (2) Whether IC 36-3-1-5.1 should be modified or repealed. |
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966 | 932 | | (b) This SECTION expires December 31, 2025. |
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967 | 933 | | SECTION 11. An emergency is declared for this act.". |
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968 | 934 | | Renumber all SECTIONS consecutively. |
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969 | 935 | | and when so amended that said bill do pass. |
---|
970 | 936 | | (Reference is to SB 525 as reprinted February 19, 2025.) |
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971 | 937 | | BARTELS |
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972 | 938 | | Committee Vote: yeas 11, nays 0. |
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