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.





Wyss, Arnold , Charbonneau, Steele, Paul




    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 Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts 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 public safety.

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 otherwise requires:
        (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 function the:
                (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 government;
            (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 1, 2010]:
     Chapter 9. Indiana Intelligence Fusion Center
    Sec. 1. As used in this chapter, "collect" means to solicit or receive.
    Sec. 2. The Indiana intelligence fusion center is established to:
        (1) collect;
        (2) integrate;
        (3) evaluate;
        (4) analyze;
        (5) disseminate; and
        (6) maintain;
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 department.
        (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 governments.
        (4) Develop a single strategic plan for preparing and responding to homeland security emergencies in consultation with the council.
        (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 members:
        (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 management.
        (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 institute.
        (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 designee.
        (14) The president pro tempore of the senate or the president pro tempore's designee.
        (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 act.
    (b) This SECTION expires June 30, 2011.

SOURCE: ; (10)SB0187.1.8. -->     SECTION 8. An emergency is declared for this act.