SENATE BILL No. 195
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-33-4.5; IC 35-31.5-2-185.
Synopsis: Gaming agents and control officers. Adds gaming agents
and gaming control officers to the definition of "law enforcement
officer" for purposes of the criminal code. Provides that a gaming agent
may not exercise a power that is not authorized by the riverboat
gambling or race track casino law. Specifies the police powers that a
gaming agent may exercise in connection with offenses committed in
the gaming agent's presence or while assisting another law enforcement
officer who has requested the assistance of the gaming agent.
Effective: Upon passage.
January 7, 2013, read first time and referred to Committee on Homeland Security,
Transportation and Veterans Affairs.
First Regular Session 118th General Assembly (2013)
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
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
this style type
between statutes enacted by the 2012 Regular Session of the General Assembly.
SENATE BILL No. 195
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 4-33-4.5-1; (13)IN0195.1.1. -->
SECTION 1. IC 4-33-4.5-1, AS AMENDED BY P.L.126-2012,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) A gaming agent is vested with full
police powers and duties to enforce this article and IC 4-35.
(b) A gaming agent may issue a summons for an infraction or a
misdemeanor violation if the defendant promises to appear by signing
the summons. A defendant who signs a summons issued under this
subsection but fails to appear is subject to the penalties provided by
IC 35-44.1-2-10. Upon the defendant's failure to appear, the court shall
issue a warrant for the arrest of the defendant.
(c) In addition to the powers and duties vested under subsection (a),
a gaming agent may
act as an officer for the arrest of offenders who
violate the laws of Indiana if the gaming agent reasonably believes that
a crime has been, is being, or is about to be committed or attempted in
the gaming agent's presence. make an arrest, conduct a search or a
seizure of a person or property, or exercise other police powers:
(1) in connection with an offense committed in the presence of
the gaming agent; or
(2) while assisting another law enforcement officer who has
requested the assistance of the gaming agent.
SOURCE: IC 4-33-4.5-1.5; (13)IN0195.1.2. -->
SECTION 2. IC 4-33-4.5-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1.5. Notwithstanding a
gaming agent's status as a law enforcement officer under
IC 35-31.5-2-185, a gaming agent may not exercise a power that is
not authorized by this article or IC 4-35.
SOURCE: IC 35-31.5-2-185; (13)IN0195.1.3. -->
SECTION 3. IC 35-31.5-2-185, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 185. "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
(4) a conservation officer;
(5) an enforcement officer of the alcohol and tobacco
(6) an enforcement officer of the securities division of the office
of the secretary of state; or
(7) a gaming agent employed under IC 4-33-4.5 or a gaming
control officer employed under IC 4-33-20.
SOURCE: ; (13)IN0195.1.4. -->
SECTION 4. An emergency is declared for this act.