HOUSE BILL No. 1788
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2.
Synopsis: Continuing education for police chiefs and town marshals.
After December 31, 2008, requires a police chief or town marshal to
fulfill continuing education requirements. Requires the law
enforcement training board to adopt rules creating minimum standards
for continuing education programs. Requires the board to notify: (1) the
police chief or town marshal; and (2) the town or city that employs the
police chief or town marshal; of compliance or noncompliance with the
continuing education requirements. Provides that fees from the local
law enforcement continuing education fund may be used to pay the
course fees for a police chief or town marshal who attends a continuing
Effective: July 1, 2007.
Ruppel, Tincher, Bischoff, Wolkins
January 26, 2007, read first time and referred to Committee on Local Government.
First Regular Session 115th General Assembly (2007)
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between statutes enacted by the 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1788
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-1-9.1; (07)IN1788.1.1. -->
SECTION 1. IC 5-2-1-9.1 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 9.1. (a) As used in this section, "executive" means a
police chief or town marshal.
(b) After December 31, 2008, an executive shall attend at least
four (4) hours of continuing education courses in any calendar
year, for a total of at least ten (10) hours of continuing education
courses for a two (2) year period. A continuing education course
must be approved by the board in order for the course to be
counted toward the executive's continuing education requirement.
(c) The board shall adopt rules under IC 4-22-2:
(1) that create minimum standards for continuing education
programs for executives; and
(2) that are necessary for the administration of this section.
(d) The board shall do the following:
(1) At least annually, notify the executive of:
(A) the continuing education courses that the executive has
attended for the calendar year that count toward the
executive's continuing education requirement; and
(B) the executive's progress in complying with the two (2)
year continuing education requirement.
(2) Notify the town or city that employs the executive if the
executive has not fulfilled the requirements of subsection (b).
(e) Nothing in this section shall be construed to:
(1) impose a penalty; or
(2) require a town or city to suspend, discharge, or discipline
for not complying with this section.
SOURCE: IC 5-2-8-2; (07)IN1788.1.2. -->
SECTION 2. IC 5-2-8-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 2. (a) As used in this section:
"Abuse" has the meaning set forth in section 1(a) of this chapter.
"City or town law enforcement agency" includes university police
officers appointed under IC 20-12-3.5.
(b) There is established in each city and in each town with a city or
town court a local law enforcement continuing education program. The
program is funded by amounts appropriated under IC 33-37-8-4 and
fees collected under IC 9-29-4-2, IC 9-29-11-1, and IC 35-47-2-3.
(c) A city or town law enforcement agency receiving amounts based
upon claims for law enforcement continuing education funds under
IC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collected into the
local law enforcement continuing education fund.
(d) Distribution of money in a local law enforcement continuing
education fund shall be made to a city or town law enforcement agency
without the necessity of first obtaining an appropriation from the fiscal
body of the city or town.
(e) To make a claim under IC 33-37-8-4 a law enforcement agency
shall submit to the fiscal body a verified statement of cause numbers
for fees collected that are attributable to the law enforcement efforts of
(f) A city or town law enforcement agency shall provide to each law
enforcement officer employed by the city or town law enforcement
agency continuing education concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
(B) promote the safety of a victim.
(4) Information about the nature and extent of abuse.
(5) Information about the legal rights of and remedies available
to victims of abuse.
(6) How to document and collect evidence in an abuse case.
(7) The legal consequences of abuse.
(8) The impact on children of law enforcement intervention in
(9) Services and facilities available to victims of abuse and
(10) Verification of restraining orders, protective orders,
temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
(12) Emergency assistance to victims of abuse and criminal
justice options for victims of abuse.
(13) Landlord-tenant concerns in abuse cases.
(14) The taking of an abused child into protective custody.
(15) Assessment of a situation in which the child may be seriously
endangered if the child is left in the child's home.
(16) Assessment of a situation involving an endangered adult (as
defined in IC 12-10-3-2).
(17) Response to a sudden, unexpected infant death.
(g) A city or town law enforcement agency may enter into an
agreement with other county, city, or town law enforcement agencies
to provide the continuing education required by this section and section
1(h) of this chapter.
(h) Fees from the local law enforcement continuing education
fund may be used to pay the course fee for a police chief or town
marshal to attend a continuing education course under