HB 1132-1_ Filed 04/28/2009, 19:12
Adopted 4/29/2009
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1132
Citations Affected: IC 5-2-1; IC 11-8; IC 35-33-6-2; IC 35-41-1-17.
Synopsis: Department of correction and police powers. Conference committee report for EHB
1132. Authorizes the commissioner of the department of correction to appoint certain individuals
as correctional police officers. Requires a correctional police officer to complete a pre-basic
training course approved by the law enforcement training board and any other training course
established by the department of correction in conjunction with the law enforcement training
board. Grants correctional police officers police powers, but only: (1) in connection with offenses
committed on the property of the department of correction; (2) in connection with an offense
involving an offender who is committed to the department; (3) in connection with an offense
committed in the presence of an officer; or (4) while assisting another law enforcement officer
who has requested the assistance of the correctional police officer. Establishes the correctional
peace officer's fund to provide monetary assistance, including tuition assistance, to a correctional
employee or to a member of the family of a correctional employee. Specifies that the fund
consists of: (1) grants; (2) donations; (3) employee contributions; and (4) appropriations made
to the fund; and that monetary assistance may be paid from the fund to a correctional employee
or to a member of the family of a correctional employee if the employee or employee's family
member attends a postsecondary educational institution, the employee suffers a loss as the result
of a natural disaster, or the employee is killed or injured in the line of duty. Prohibits an owner
or agent of a store from asking a person to make a statement that acknowledges that the person
shoplifted in the store or waives any of the person's legal rights if: (1) the person is less than 18
years of age; and (2) the person has not been afforded meaningful consultation with his or her
parent, guardian, custodian, or guardian ad litem. Makes a technical correction. (The introduced
version of this bill was prepared for the sentencing policy study committee.) (This conference
committee report: Removes a provision granting college or university police statewide
jurisdiction. Prohibits an owner or agent of a store from asking a person to make a
statement that acknowledges that the person shoplifted in the store or waives any of the
person's legal rights if: (1) the person is less than 18 years of age; and (2) the person has not
been afforded meaningful consultation with his or her parent, guardian, custodian, or
guardian ad litem. Makes a technical correction.)
Effective: July 1, 2009.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed Senate Amendments to Engrossed House Bill No. 1132 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 5-2-1-2; (09)CC113202.1.1. -->
SECTION 1. IC 5-2-1-2, AS AMENDED BY P.L.2-2007,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. For the purposes of this chapter, and unless the
context clearly denotes otherwise, the following definitions apply
throughout this chapter:
(1) "Law enforcement officer" means an appointed officer or
employee hired by and on the payroll of the state, any of the
state's political subdivisions, or a public or private postsecondary
educational institution whose board of trustees has established a
police department under IC 21-17-5-2 or IC 21-39-4-2 who is
granted lawful authority to enforce all or some of the penal laws
of the state of Indiana and who possesses, with respect to those
laws, the power to effect arrests for offenses committed in the
officer's or employee's presence. However, the following are
expressly excluded from the term "law enforcement officer" for
the purposes of this chapter:
(A) A constable.
(B) A special officer whose powers and duties are described
in IC 36-8-3-7 or a special deputy whose powers and duties are
described in IC 36-8-10-10.6.
(C) A county police reserve officer who receives compensation
for lake patrol duties under IC 36-8-3-20(f)(4).
(D) A conservation reserve officer who receives compensation
for lake patrol duties under IC 14-9-8-27.
(E) An employee of the gaming commission whose powers
and duties are described in IC 4-32.2-9.
(F) A correctional police officer described in IC 11-8-9.
(2) "Board" means the law enforcement training board created by
this chapter.
(3) "Advisory council" means the law enforcement advisory
council created by this chapter.
(4) "Executive training program" means the police chief executive
training program developed by the board under section 9 of this
chapter.
(5) "Law enforcement training council" means one (1) of the
confederations of law enforcement agencies recognized by the
board and organized for the sole purpose of sharing training,
instructors, and related resources.
(6) "Training regarding the lawful use of force" includes
classroom and skills training in the proper application of hand to
hand defensive tactics, use of firearms, and other methods of:
(A) overcoming unlawful resistance; or
(B) countering other action that threatens the safety of the
public or a law enforcement officer.
(7) "Hiring or appointing authority" means:
(A) the chief executive officer, board, or other entity of a
police department or agency with authority to appoint and hire
law enforcement officers; or
(B) the governor, mayor, board, or other entity with the
authority to appoint a chief executive officer of a police
department or agency.
SOURCE: IC 5-2-1-9; (09)CC113202.1.2. -->
SECTION 2. IC 5-2-1-9, AS AMENDED BY HEA 1198-2009,
SECTION 14, AND AS AMENDED BY SEA 307-2009, SECTION 1,
AND AS AMENDED BY HEA 1455-2009, SECTION 1, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
Sec. 9. (a) The board shall adopt in accordance with IC 4-22-2 all
necessary rules to carry out the provisions of this chapter. The rules,
which shall be adopted only after necessary and proper investigation
and inquiry by the board, shall include the establishment of the
following:
(1) Minimum standards of physical, educational, mental, and
moral fitness which shall govern the acceptance of any person for
training by any law enforcement training school or academy
meeting or exceeding the minimum standards established
pursuant to this chapter.
(2) Minimum standards for law enforcement training schools
administered by towns, cities, counties, law enforcement training
centers, agencies, or departments of the state.
(3) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) Minimum standards for a course of study on cultural diversity
awareness that must be required for each person accepted for
training at a law enforcement training school or academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers appointed on other than a permanent basis shall complete
in order to be eligible for continued employment or permanent
appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with:
(A) persons with mental illness, addictive disorders, mental
retardation, and developmental disabilities; and
(B) missing endangered adults (as defined in IC 12-7-2-131.3);
to be provided by persons approved by the secretary of family and
social services and the board.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws (IC
35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(b) Except as provided in subsection (l), a law enforcement officer
appointed after July 5, 1972, and before July 1, 1993, may not enforce
the laws or ordinances of the state or any political subdivision unless
the officer has, within one (1) year from the date of appointment,
successfully completed the minimum basic training requirements
established under this chapter by the board. If a person fails to
successfully complete the basic training requirements within one (1)
year from the date of employment, the officer may not perform any of
the duties of a law enforcement officer involving control or direction
of members of the public or exercising the power of arrest until the
officer has successfully completed the training requirements. This
subsection does not apply to any law enforcement officer appointed
before July 6, 1972, or after June 30, 1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which shall be calculated
by the aggregate of the time before and after the leave, for the purposes
of this chapter.
(d) Except as provided in subsections (e), (l), (r), and (s), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy or at a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
(e) This subsection does not apply to:
(1) a gaming agent employed as a law enforcement officer by the
Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
designated by the securities commissioner as a police officer of
the state under IC 23-19-6-1(i).
Before a law enforcement officer appointed after June 30, 1993,
completes the basic training requirements, the law enforcement officer
may exercise the police powers described in subsection (d) if the
officer successfully completes the pre-basic course established in
subsection (f). Successful completion of the pre-basic course authorizes
a law enforcement officer to exercise the police powers described in
subsection (d) for one (1) year after the date the law enforcement
officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish a
pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of
force, interacting with individuals with autism, and the operation of an
emergency vehicle. The pre-basic course must be offered on a periodic
basis throughout the year at regional sites statewide. The pre-basic
course must consist of at least forty (40) hours of course work. The
board may prepare the classroom part of the pre-basic course using
available technology in conjunction with live instruction. The board
shall provide the course material, the instructors, and the facilities at
the regional sites throughout the state that are used for the pre-basic
course. In addition, the board may certify pre-basic courses that may be
conducted by other public or private training entities, including
postsecondary educational institutions.
(g) The board shall adopt rules under IC 4-22-2 to establish a
mandatory inservice training program for police officers. After June 30,
1993, a law enforcement officer who has satisfactorily completed basic
training and has been appointed to a law enforcement department or
agency on either a full-time or part-time basis is not eligible for
continued employment unless the officer satisfactorily completes the
mandatory inservice training requirements established by rules adopted
by the board. Inservice training must include training in interacting
with persons with mental illness, addictive disorders, mental
retardation, and developmental disabilities, to be provided by persons
approved by the secretary of family and social services and the board,
and training concerning human and sexual trafficking. The board may
approve courses offered by other public or private training entities,
including postsecondary educational institutions, as necessary in order
to ensure the availability of an adequate number of inservice training
programs. The board may waive an officer's inservice training
requirements if the board determines that the officer's reason for
lacking the required amount of inservice training hours is due to either
of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(6) The program must require training in interacting with
individuals with autism.
(i) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the executive training
program within two (2) months of the date the police chief initially
takes office. A police chief must successfully complete the executive
training program within six (6) months of the date the police chief
initially takes office. However, if space in the executive training
program is not available at a time that will allow completion of the
executive training program within six (6) months of the date the police
chief initially takes office, the police chief must successfully complete
the next available executive training program that is offered after the
police chief initially takes office.
(k) A police chief who fails to comply with subsection (j) may not
continue to serve as the police chief until completion of the executive
training program. For the purposes of this subsection and subsection
(j), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police
department; and
(3) the chief of a consolidated law enforcement department
established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these
purposes, but a town marshal may enroll in the executive training
program.
(l) A fire investigator in the division of fire and building safety
appointed after December 31, 1993, is required to comply with the
basic training standards established under this chapter.
(m) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(3).
(n) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at
least two (2) years and less than six (6) years before the officer is
hired under subdivision (1) due to the officer's resignation or
retirement; and
(3) completed at any time a basic training course certified by the
board before the officer is hired under subdivision (1).
(o) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at
least six (6) years and less than ten (10) years before the officer
is hired under subdivision (1) due to the officer's resignation or
retirement;
(3) is hired under subdivision (1) in an upper level policymaking
position; and
(4) completed at any time a basic training course certified by the
board before the officer is hired under subdivision (1).
A refresher course established under this subsection may not exceed
one hundred twenty (120) hours of course work. All credit hours
received for successfully completing the police chief executive training
program under subsection (i) shall be applied toward the refresher
course credit hour requirements.
(p) Subject to subsection (q), an officer to whom subsection (n) or
(o) applies must successfully complete the refresher course described
in subsection (n) or (o) not later than six (6) months after the officer's
date of hire, or the officer loses the officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) A law enforcement officer who has worked as a law enforcement
officer for less than twenty-five (25) years before being hired under
subsection (n)(1) or (o)(1) is not eligible to attend the refresher course
described in subsection (n) or (o) and must repeat the full basic training
course to regain law enforcement powers. However, a law enforcement
officer who has worked as a law enforcement officer for at least
twenty-five (25) years before being hired under subsection (n)(1) or
(o)(1) and who otherwise satisfies the requirements of subsection (n)
or (o) is not required to repeat the full basic training course to regain
law enforcement power but shall attend the refresher course described
in subsection (n) or (o) and the pre-basic training course established
under subsection (f).
(r) This subsection applies only to a gaming agent employed as a
law enforcement officer by the Indiana gaming commission. A gaming
agent appointed after June 30, 2005, may exercise the police powers
described in subsection (d) if:
(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses
established by the Indiana gaming commission in conjunction
with the board.
(s) This subsection applies only to a securities enforcement officer
designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the police
powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the
pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes any
other training courses established by the securities commissioner
in conjunction with the board.
(t) As used in this section, "upper level policymaking position"
refers to the following:
(1) If the authorized size of the department or town marshal
system is not more than ten (10) members, the term refers to the
position held by the police chief or town marshal.
(2) If the authorized size of the department or town marshal
system is more than ten (10) members but less than fifty-one (51)
members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next rank and pay
grade immediately below the police chief or town marshal.
(3) If the authorized size of the department or town marshal
system is more than fifty (50) members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next two (2) ranks
and pay grades immediately below the police chief or town
marshal.
(u) This subsection applies only to a correctional police officer
employed by the department of correction. A correctional police
officer may exercise the police powers described in subsection (d)
if:
(1) the officer successfully completes the pre-basic course
described in subsection (f); and
(2) the officer successfully completes any other training
courses established by the department of correction in
conjunction with the board.
SOURCE: IC 11-8-2-5; (09)CC113202.1.3. -->
SECTION 3. IC 11-8-2-5, AS AMENDED BY P.L.246-2005,
SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 5. (a) The commissioner shall do the following:
(1) Organize the department and employ personnel necessary to
discharge the duties and powers of the department.
(2) Administer and supervise the department, including all state
owned or operated correctional facilities.
(3) Except for employees of the parole board, be the appointing
authority for all positions in the department within the scope of
IC 4-15-2 and define the duties of those positions in accord with
IC 4-15-2.
(4) Define the duties of a deputy commissioner and a
superintendent.
(5) Accept committed persons for study, evaluation,
classification, custody, care, training, and reintegration.
(6) Determine the capacity of all state owned or operated
correctional facilities and programs and keep all Indiana courts
having criminal or juvenile jurisdiction informed, on a quarterly
basis, of the populations of those facilities and programs.
(7) Utilize state owned or operated correctional facilities and
programs to accomplish the purposes of the department and
acquire or establish, according to law, additional facilities and
programs whenever necessary to accomplish those purposes.
(8) Develop policies, programs, and services for committed
persons, for administration of facilities, and for conduct of
employees of the department.
(9) Administer, according to law, the money or other property of
the department and the money or other property retained by the
department for committed persons.
(10) Keep an accurate and complete record of all department
proceedings, which includes the responsibility for the custody and
preservation of all papers and documents of the department.
(11) Make an annual report to the governor according to
subsection (c).
(12) Develop, collect, and maintain information concerning
offenders, sentencing practices, and correctional treatment as the
commissioner considers useful in penological research or in
developing programs.
(13) Cooperate with and encourage public and private agencies
and other persons in the development and improvement of
correctional facilities, programs, and services.
(14) Explain correctional programs and services to the public.
(15) As required under 42 U.S.C. 15483, after January 1, 2006,
provide information to the election division to coordinate the
computerized list of voters maintained under IC 3-7-26.3 with
department records concerning individuals disfranchised under
IC 3-7-46.
(b) The commissioner may:
(1) when authorized by law, adopt departmental rules under
IC 4-22-2;
(2) delegate powers and duties conferred on the commissioner by
law to a deputy commissioner or commissioners and other
employees of the department;
(3) issue warrants for the return of escaped committed persons (an
employee of the department or any person authorized to execute
warrants may execute a warrant issued for the return of an
escaped person); and
(4) appoint personnel to be sworn in as correctional police
officers; and
(4) (5) exercise any other power reasonably necessary in
discharging the commissioner's duties and powers.
(c) The annual report of the department shall be transmitted to the
governor by September 1 of each year and must contain:
(1) a description of the operation of the department for the fiscal
year ending June 30;
(2) a description of the facilities and programs of the department;
(3) an evaluation of the adequacy and effectiveness of those
facilities and programs considering the number and needs of
committed persons or other persons receiving services; and
(4) any other information required by law.
Recommendations for alteration, expansion, or discontinuance of
facilities or programs, for funding, or for statutory changes may be
included in the annual report.
SOURCE: IC 11-8-2-14; (09)CC113202.1.4. -->
SECTION 4. IC 11-8-2-14 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 14. (a) The correctional peace officer's fund is
established to provide monetary assistance, including tuition
assistance, to a correctional employee or the family member of a
correctional employee. Monetary assistance may be paid from the
fund to the correctional employee or a family member of a
correctional employee if:
(1) the employee or employee's family member attends a
postsecondary educational institution;
(2) the employee suffers a loss as the result of a natural
disaster; or
(3) the employee is killed or injured in the line of duty.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The fund consists of:
(1) grants;
(2) donations;
(3) employee contributions; and
(4) appropriations;
made to the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(f) Money in the fund is continually appropriated to carry out
the purposes of the fund.
SOURCE: IC 11-8-9; (09)CC113202.1.5. -->
SECTION 5. IC 11-8-9 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Chapter 9. Correctional Police Officers
Sec. 1. The commissioner may appoint an individual to serve as
a correctional police officer. An individual appointed to serve as a
correctional police officer may not exercise police powers until the
individual successfully completes a program of instruction certified
by the department and the law enforcement training board.
Sec. 2. An individual appointed as a correctional police officer
under section 1 of this chapter shall take an appropriate oath of
office in the form and manner prescribed by the commissioner. A
correctional police officer serves at the pleasure of the
commissioner.
Sec. 3. Except as provided in section 4 of this chapter, a
correctional police officer may:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property;
(3) carry a firearm; and
(4) exercise other police powers with respect to the
enforcement of Indiana laws.
Sec. 4. (a) A correctional police officer may not make an arrest,
conduct a search or a seizure of a person or property, or exercise
other police powers unless the arrest, search, seizure, or exercise
of other police powers is performed:
(1) in connection with an offense committed on the property
of the department;
(2) in connection with an offense involving an offender who is
committed to the department;
(3) in connection with an offense committed in the presence of
the officer; or
(4) while assisting another law enforcement officer who has
requested the assistance of the correctional police officer.
(b) The commissioner may additionally limit the exercise of the
powers described in subsection (a).
SOURCE: IC 35-33-6-2; (09)CC113202.1.6. -->
SECTION 6. IC 35-33-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) An owner or
agent of a store who has probable cause to believe that a theft has
occurred or is occurring on or about the store and who has probable
cause to believe that a specific person has committed or is committing
the theft:
(1) may:
(1) (A) detain the person and request the person to identify
himself or herself;
(2) (B) verify the identification;
(3) (C) determine whether the person has in his the person's
possession unpurchased merchandise taken from the store;
(4) (D) inform the appropriate law enforcement officers; and
(5) (E) inform the person's parents or others interested in the
person's welfare that the person has been detained; but
(2) shall not ask the person to make a statement that
acknowledges that the person committed the theft or
conversion or waives any of the person's legal rights if:
(A) the person is less than eighteen (18) years of age; and
(B) the person has not been afforded an opportunity to
have a meaningful consultation with his or her parent,
guardian, custodian, or guardian ad litem.
(b) A statement acknowledging that a child committed theft or
conversion in violation of subdivision (a)(2) cannot be admitted as
evidence against the child on the issue of whether the child
committed a delinquent act or a crime.
(b) (c) The detention must:
(1) be reasonable and last only for a reasonable time; and
(2) not extend beyond the arrival of a law enforcement officer or
two (2) hours, whichever first occurs.
SOURCE: IC 35-41-1-17; (09)CC113202.1.7. -->
SECTION 7. IC 35-41-1-17, AS AMENDED BY P.L.230-2007,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 17. (a) "Law enforcement officer" means:
(1) a police officer
(including a correctional police officer),
sheriff, constable, marshal, prosecuting attorney, special
prosecuting attorney, special deputy prosecuting attorney, the
securities commissioner, or the inspector general;
(2) a deputy of any of those persons;
(3) an investigator for a prosecuting attorney or for the inspector
general;
(4) a conservation officer;
(5) an enforcement officer of the alcohol and tobacco
commission; or
(6) an enforcement officer of the securities division of the office
of the secretary of state.
(b) "Federal enforcement officer" means any of the following:
(1) A Federal Bureau of Investigation special agent.
(2) A United States Marshals Service marshal or deputy.
(3) A United States Secret Service special agent.
(4) A United States Fish and Wildlife Service special agent.
(5) A United States Drug Enforcement Agency agent.
(6) A Bureau of Alcohol, Tobacco, Firearms and Explosives
agent.
(7) A United States Forest Service law enforcement officer.
(8) A United States Department of Defense police officer or
criminal investigator.
(9) A United States Customs Service agent.
(10) A United States Postal Service investigator.
(11) A National Park Service law enforcement commissioned
ranger.
(12) United States Department of Agriculture, Office of Inspector
General special agent.
(13) A United States Citizenship and Immigration Services
special agent.
(14) An individual who is:
(A) an employee of a federal agency; and
(B) authorized to make arrests and carry a firearm in the
performance of the individual's official duties.
(Reference is to EHB 1132 as reprinted April 14, 2009.)
Conference Committee Report
on
Engrossed House
Bill 1132
Text Box
S
igned by:
____________________________ ____________________________
Representative Lawson L Senator Bray
Chairperson
____________________________ ____________________________
Representative Dermody Senator Arnold
House Conferees Senate Conferees