Introduced Version






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.





Randolph




    January 7, 2013, read first time and referred to Committee on Homeland Security, Transportation and Veterans Affairs.







Introduced

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.
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SENATE BILL No. 195



    A BILL FOR AN ACT to amend the Indiana Code concerning gaming.

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 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; 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.