Introduced Version






SENATE BILL No. 400

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-31.5-2; IC 35-32-4.

Synopsis: Detainment of citizens under federal defense act. Prohibits specified individuals and entities in Indiana from aiding an agency of the armed forces of the United States in the investigation, prosecution, or detention of a person under a provision of the National Defense Authorization Act (NDAA) or similar law providing for indefinite detention. Makes it a Class A misdemeanor for a federal official to enforce the indefinite detention provision of the NDAA.

Effective: July 1, 2013.





Banks




    January 10, 2013, read first time and referred to Committee on Corrections & Criminal Law.







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. 400



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-31.5-2-168.5; (13)IN0400.1.1. -->     SECTION 1. IC 35-31.5-2-168.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 168.5. "Indefinite detention provision of the NDAA," for purposes of IC 35-32-4, has the meaning set forth in IC 35-32-4-1.
SOURCE: IC 35-31.5-2-311.5; (13)IN0400.1.2. -->     SECTION 2. IC 35-31.5-2-311.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 311.5. "State actor" for purposes of IC 35-32-4, has the meaning set forth in IC 35-32-4-2.
SOURCE: IC 35-32-4; (13)IN0400.1.3. -->     SECTION 3. IC 35-32-4 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 4. Prohibited State Aid Under Public Law 112-81
    Sec. 1. As used in this chapter, "indefinite detention provision of the NDAA" means:
        (1) Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81); or
        (2) any substantially similar provision of another federal law (including a reenactment or reauthorization of the National Defense Authorization Act) that authorizes the indefinite detention of Americans without trial.
    Sec. 2. As used in this chapter, "state actor" means the following:
        (1) The state or a state agency.
        (2) A unit (as defined in IC 36-1-2-23).
        (3) A political subdivision (as defined in IC 24-9-2-11).
        (4) The Indiana Army National Guard, when on state duty.
        (5) The Indiana Air National Guard, when on state duty.
        (6) An employee or member of an entity described in this section, when acting in the employee's or member's official capacity.
    Sec. 3. (a) Except as provided in subsection (b), notwithstanding any other law, a state actor may not aid an agency of the armed forces of the United States in the investigation, prosecution, or detention of a person under the indefinite detention provision of the NDAA, if the aid would cause the state actor to violate the Constitution of the United States, the Constitution of the State of Indiana, or any state or federal law.
    (b) A state actor may participate in a joint task force, partnership, or other cooperative agreement with a federal law enforcement agency if the task force, partnership, or cooperative agreement is not for the purpose of investigating, prosecuting, or detaining a person under the indefinite detention provision of the NDAA.

     Sec. 4. A person who, being an official, agent, or employee of the United States or an employee of a person providing services to the United States, knowingly or intentionally enforces or attempts to enforce the indefinite detention provision of the NDAA commits unlawful indefinite detention, a Class A misdemeanor.