January 13, 2010
SENATE BILL No. 187
DIGEST OF SB 187
(Updated January 12, 2010 11:20 am - DI 71)
Citations Affected: IC 5-2; IC 10-11; IC 10-19; noncode.
Synopsis: Indiana intelligence fusion center. Moves the operation of
the Indiana intelligence fusion center (fusion center) from the
department of homeland security to the state police department. Makes
conforming amendments. Provides that the chief information officer of
the office of technology is a member of the counterterrorism and
security council. Repeals provisions establishing the fusion center
within the department of homeland security. Requires the budget
agency to transfer any funds and balances necessary to implement the
transfer of the fusion center from the department of homeland security
to the state police department.
Effective: Upon passage; July 1, 2010.
, Charbonneau, Steele,
January 5, 2010, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
January 12, 2010, amended, reported favorably _ Do Pass.
January 13, 2010
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
SENATE BILL No. 187
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-4-1; (10)SB0187.1.1. -->
SECTION 1. IC 5-2-4-1, AS AMENDED BY P.L.1-2007,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1. As used in this chapter, unless the context
(1) "Criminal history information" means information collected
by criminal justice agencies or individuals consisting of
identifiable descriptions and notations of arrests, detentions,
indictments, informations, or other formal criminal charges, and
any disposition arising therefrom, sentencing, correctional
supervision, and release.
(2) "Criminal intelligence information" means information on
identifiable individuals compiled in an effort to anticipate,
prevent, or monitor possible criminal activity, including terrorist
activity. "Criminal intelligence information" does not include
criminal investigative information, which is information on
identifiable individuals compiled in the course of the
investigation of specific criminal acts.
(3) "Criminal justice agency" means any agency or department of
any level of government which performs as its principal function
the apprehension, prosecution, adjudication, incarceration, or
rehabilitation of criminal offenders, or location of parents with
child support obligations under 42 U.S.C. 653. The term includes:
(A) a nongovernmental entity that performs as its principal
(i) apprehension, prosecution, adjudication, incarceration, or
rehabilitation of criminal offenders; or
(ii) location of parents with child support obligations under
42 U.S.C. 653;
under a contract with an agency or department of any level of
(B) the department of homeland security; and
(C) the Indiana intelligence fusion center established by
IC 10-19-10-2. IC 10-11-9-2.
SOURCE: IC 10-11-2-32; (10)SB0187.1.2. -->
SECTION 2. IC 10-11-2-32 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 32. The superintendent shall operate the Indiana
intelligence fusion center established by IC 10-11-9-2.
SOURCE: IC 10-11-9; (10)SB0187.1.3. -->
SECTION 3. IC 10-11-9 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 9. Indiana Intelligence Fusion Center
Sec. 1. As used in this chapter, "collect" means to solicit or
Sec. 2. The Indiana intelligence fusion center is established to:
(5) disseminate; and
criminal intelligence information and other information to support
governmental agencies and private organizations in detecting,
preventing, investigating, and responding to criminal and terrorist
activity in compliance with applicable state and federal laws and
regulations, including 28 CFR 23.
Sec. 3. (a) The department shall operate the Indiana intelligence
fusion center under the direction of the governor.
(b) The department shall cooperate with:
(1) the department of homeland security;
(2) local, state, or federal government agencies; and
(3) private organizations;
subject to applicable state and federal laws and regulations,
including 28 CFR 23.
Sec. 4. The Indiana intelligence fusion center may collect
criminal intelligence information only if:
(1) reasonable suspicion exists that the subject of the criminal
intelligence information is involved with or has knowledge of
possible criminal or terrorist activity; and
(2) the criminal intelligence information is relevant to the
criminal or terrorist activity.
SOURCE: IC 10-19-3-3; (10)SB0187.1.4. -->
SECTION 4. IC 10-19-3-3, AS AMENDED BY P.L.101-2006,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. The executive director shall do the following:
(1) Serve as the chief executive and administrative officer of the
(2) Serve as the director of the council.
(3) Administer the application for, and disbursement of, federal
and state homeland security money for all Indiana state and local
(4) Develop a single strategic plan for preparing and responding
to homeland security emergencies in consultation with the
(5) Serve as the state coordinating officer under federal law for all
matters relating to emergency and disaster mitigation,
preparedness, response, and recovery.
(6) Use and allocate the services, facilities, equipment, personnel,
and resources of any state agency, on the governor's behalf, as is
reasonably necessary in the preparation for, response to, or
recovery from an emergency or disaster situation that threatens or
has occurred in Indiana.
(7) Develop a plan to protect key state assets and public
infrastructure from a disaster or terrorist attack.
(8) Operate the fusion center.
SOURCE: IC 10-19-8-2; (10)SB0187.1.5. -->
SECTION 5. IC 10-19-8-2, AS AMENDED BY P.L.120-2008,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2. (a) The council consists of the following
(1) The lieutenant governor.
(2) The executive director.
(3) The superintendent of the state police department.
(4) The adjutant general.
(5) The state health commissioner.
(6) The commissioner of the department of environmental
(7) The director of the Indiana state department of agriculture.
(8) The chairman of the Indiana utility regulatory commission.
(9) The commissioner of the Indiana department of transportation.
(10) The executive director of the Indiana criminal justice
(11) The commissioner of the bureau of motor vehicles.
(12) A local law enforcement officer or a member of the law
enforcement training academy appointed by the governor.
(13) The speaker of the house of representatives or the speaker's
(14) The president pro tempore of the senate or the president pro
(15) The chief justice of the supreme court.
(16) The director of the department of natural resources or, if
designated by the director, the deputy director who manages the
bureau of law enforcement and administration.
(17) The state veterinarian.
(18) The chief information officer of the office of technology.
(b) The members of the council under subsection (a)(13), (a)(14),
and (a)(15) are nonvoting members.
(c) Representatives of the United States Department of Justice may
serve as members of the council as the council and the Department of
Justice may determine. Any representatives of the Department of
Justice serve as nonvoting members of the council.
SOURCE: IC 10-19-1-5; IC 10-19-10.
; (10)SB0187.1.6. -->
SECTION 6. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2010]: IC 10-19-1-5; IC 10-19-10.
SOURCE: ; (10)SB0187.1.7. -->
SECTION 7. [EFFECTIVE UPON PASSAGE] (a) The budget
agency shall, in consultation with the department of homeland
security and the state police department, transfer any funds and
balances necessary to implement the transfer of operation of the
Indiana intelligence fusion center from the department of
homeland security under IC 10-19-10 (before its repeal by this act)
to the state police department under IC 10-11-9, as added by this
(b) This SECTION expires June 30, 2011.
SOURCE: ; (10)SB0187.1.8. -->
SECTION 8. An emergency is declared for this act.