Citations Affected:
IC 35-33-1.5.
Synopsis: Arrests by federal employees. Provides that before a federal
employee may make an arrest, a search, or a seizure in Indiana, the
federal employee must file a written notice with the sheriff who has
jurisdiction in the county in which the arrest, search, or seizure will
occur. Provides certain exceptions. Specifies the contents of the written
notice. Allows a person who suffers a pecuniary loss as a result of a
violation of the written notice requirements to bring a civil action
against the person who caused the loss to recover certain damages and
expenses. Provides that, under the Tenth Amendment of the
Constitution of the United States and Indiana's compact with the other
states, the general assembly declares that any federal law that purports
to provide federal employees with the authority of a sheriff in Indiana
is not recognized by and is specifically rejected by Indiana and is
invalid in Indiana.
Effective: Upon passage.
January 8, 2001, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1.
IC 35-33-1.5
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 1.5. Arrests by Federal Employees
Sec. 1. (a) Except as provided in subsection (b), a federal
employee who is not designated by state law to act as a state law
enforcement officer may not make an arrest, a search, or a seizure
in Indiana, unless before making the arrest, search, or seizure, the
federal employee files a written notice concerning the arrest,
search, or seizure with the sheriff or the designee of the sheriff who
has jurisdiction in the county in which the arrest, search, or seizure
will occur.
(b) A federal employee described in subsection (a) may make an
arrest, a search, or a seizure without filing a written notice under
subsection (a) under any of the following conditions:
(1) The federal employee has filed the written notice required
under section 2 of this chapter and the arrest, search, or
seizure will take place on a federal enclave for which
jurisdiction has been ceded to the United States under a state
statute.
(2) The federal employee witnesses the commission of a crime,
the nature of which requires an immediate arrest.
(3) The arrest, search, or seizure is made under the provisions
of an applicable federal law.
(4) The intended subject of the arrest, search, or seizure is an
employee of the sheriff's office or is an elected county or state
official.
(5) The federal employee has filed the written notice required
under section 3 of this chapter, and the federal employee has
probable cause to believe that the subject of the arrest, search,
or seizure has close connections with the sheriff that are likely
to result in the subject being informed of the impending
arrest, search, or seizure.
Sec. 2. Before a federal employee may make an arrest, a search,
or a seizure under section 1(b)(1) of this chapter, the federal
employee must file a written notice with the attorney general,
unless the resulting delay in filing the written notice would
probably cause:
(1) serious harm to an individual or to a community; or
(2) the subject of the arrest, search, or seizure to flee
prosecution.
Sec. 3. Before a federal employee may make an arrest, a search,
or a seizure under section 1(b)(5) of this chapter, the federal
employee must file a written notice with the attorney general.
Sec. 4. (a) A written notice concerning an arrest, a search, or a
seizure that is filed with a sheriff or the designee of the sheriff or
with the attorney general under this chapter must contain the
following information:
(1) The name of the subject of the arrest, search, or seizure.
(2) A clear statement describing the probable cause for the
arrest, search, or seizure, or a copy of the federal arrest,
search, or seizure warrant that contains a clear statement of
probable cause.
(3) A description of specific assets, if any, to be searched for
or seized.
(4) A statement of the date and time that the arrest, search, or
seizure is to occur.
(5) The address or location where the intended arrest, search,
or seizure will be attempted.
recoverable under subsection (a)(1), there is an irrebuttable
presumption that a person who brings a civil action under this
chapter suffers a pecuniary loss of at least three hundred dollars
($300).
Sec. 6. Under the Tenth Amendment of the Constitution of the
United States and Indiana's compact with the other states, the
general assembly declares that any federal law that purports to
provide federal employees with the authority of a sheriff in Indiana
is:
(1) not recognized by and is specifically rejected by Indiana;
and
(2) invalid in Indiana.
SECTION 2. An emergency is declared for this act.