Reprinted

February 19, 2013





SENATE BILL No. 400

_____


DIGEST OF SB 400 (Updated February 18, 2013 2:43 pm - DI 106)



Citations Affected: IC 35-31.5; IC 35-32; IC 35-44.1.

Synopsis: Aid in enforcing unconstitutional laws. Prohibits specified state actors in Indiana from aiding certain United States agencies or other state actors in the investigation, prosecution, or detention of a person lawfully in Indiana under a state or federal law that the state actor knows or reasonably should know violates the due process clause of the United States Constitution or the Due Course of Law Clause of the Indiana Constitution, and prohibits state actors from investigating, prosecuting, or detaining a person lawfully in Indiana under a state or federal law that the state actor knows or reasonably should know violates the due process clause of the United States Constitution or the Due Course of Law Clause of the Indiana Constitution. Makes a knowing or intentional violation a Class A misdemeanor.

Effective: July 1, 2013.





Banks , Young R Michael, Kruse, Schneider, Waterman, Yoder, Smith J, Tomes, Stoops, Steele, Boots, Delph




    January 10, 2013, read first time and referred to Committee on Corrections & Criminal Law.
    February 14, 2013, amended, reported favorably _ Do Pass.
    February 18, 2013, read second time, amended, ordered engrossed.





Reprinted

February 19, 2013

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 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.
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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 35-31.5-2-311.5; (13)SB0400.2.1. -->     SECTION 1. 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 and IC 35-44.1-6, has the meaning set forth in IC 35-32-4-1.
SOURCE: IC 35-32-4; (13)SB0400.2.2. -->     SECTION 2. IC 35-32-4 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 4. Prohibition on Aiding the Enforcement of Unconstitutional Laws
    Sec. 1. 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. 2. (a) A state actor may not aid:
        (1) the United States;
        (2) an agency of the United States;
        (3) an agency of the armed forces of the United States;
        (4) a corporation or private entity providing services to the United States; or
        (5) a state actor;
in the investigation, prosecution, or detention of 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.

     (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)SB0400.2.3. -->     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.