SB 400-1_ Filed 02/18/2013, 10:57 Steele
Adopted 2/18/2013

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 400 be amended to read as follows:

SOURCE: Page 1, line 4; (13)MO040002.1. -->     Page 1, line 4, delete "IC 35-32-4," and insert " IC 35-32-4 and IC 35-44.1-6,".
    Page 1, line 4, delete "IC 35-32-4-2." and insert " IC 35-32-4-1.".
    Page 2, line 3, after "Sec. 2." insert " (a)".
    Page 2, after line 15, begin a new paragraph and insert:
    " (b) A state actor may not investigate, prosecute, or detain any person lawfully in Indiana under a state or federal law that the state actor knows or reasonably should know deprives a person of life, liberty, or property without a fair proceeding in violation of the Due Process Clause of the United States Constitution or the Due Course of Law Clause of the Constitution of the State of Indiana.
SOURCE: IC 35-44.1-6; (13)MO040002.3. -->     SECTION 3. IC 35-44.1-6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 6. Enforcement of Unconstitutional Laws
    Sec. 1. A state actor who knowingly or intentionally violates
IC 35-32-4-2 (prohibition on enforcing or aiding the enforcement of unconstitutional laws) commits enforcing or aiding in the enforcement of an unconstitutional law, a Class A misdemeanor.".
    (Reference is to SB 400 as printed February 15, 2013.)

________________________________________

Senator STEELE


MO040002/DI 106
2013