Citations Affected:
IC 5-2-1-9
;
IC 11-13-1
;
IC 31-31-5-5.
Synopsis: Probation officer safety. Requires a probation officer to
meet the following conditions before the probation officer is allowed
to carry a handgun while on duty: (1) The court with jurisdiction over
the probation officer must enter an order authorizing the probation
officer to carry the handgun. (2) The probation officer must obtain a
license to carry the handgun. (3) The probation officer must complete
a certified handgun safety course. Requires the law enforcement
training board to adopt rules for certifying handgun safety courses that
meet certain standards for training probation officers in handgun safety.
Specifies that the tort claims act applies to a civil action arising out of
an act within a probation officer's employment or duties. (The
introduced version of this bill was prepared by the probation services
study committee.)
Effective: July 1, 2000.
November 18, 1999, read first time and referred to Committee on Corrections, Criminal
and Civil Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
SECTION 1.
IC 5-2-1-9
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 9. (a) The board shall adopt in
accordance with
IC 4-22-2
all necessary rules to carry out the
provisions of this chapter. Such rules, which shall be adopted only after
necessary and proper investigation and inquiry by the board, shall
include the establishment of the following:
(1) Minimum standards of physical, educational, mental, and
moral fitness which shall govern the acceptance of any person for
training by any law enforcement training school or academy
meeting or exceeding the minimum standards established
pursuant to this chapter.
(2) Minimum standards for law enforcement training schools
administered by towns, cities, counties, the northwest Indiana law
enforcement training center, agencies, or departments of the state.
(3) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) Minimum qualifications for instructors at approved law
enforcement training schools.
(5) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(6) Minimum basic training requirements which law enforcement
officers not appointed for probationary terms but appointed on
other than a permanent basis shall complete in order to be eligible
for continued employment or permanent appointment.
(7) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(b) Except as provided in subsection (l), a law enforcement officer
appointed after July 5, 1972, and before July 1, 1993, may not enforce
the laws or ordinances of the state or any political subdivision unless
the officer has, within one (1) year from the date of appointment,
successfully completed the minimum basic training requirements
established under this chapter by the board. If a person fails to
successfully complete the basic training requirements within one (1)
year from the date of employment, the officer may not perform any of
the duties of a law enforcement officer involving control or direction
of members of the public or exercising the power of arrest until the
officer has successfully completed the training requirements. This
subsection does not apply to any law enforcement officer appointed
before July 6, 1972, or after June 30, 1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which in such cases shall
be calculated by the aggregate of the time before and after the leave, for
the purposes of this chapter.
(d) Except as provided in subsections (e) and (l), a law enforcement
officer appointed to a law enforcement department or agency after June
30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy or at the northwest Indiana law
enforcement training center under section 15.2 of this chapter, the basic
training requirements established by the board under this chapter.
(e) Before a law enforcement officer appointed after June 30, 1993,
completes the basic training requirements, the law enforcement officer
may exercise the police powers described in subsection (d) if the
officer successfully completes the pre-basic course established in
subsection (f). Successful completion of the pre-basic course authorizes
a law enforcement officer to exercise the police powers described in
subsection (d) for one (1) year after the date the law enforcement
officer is appointed.
(f) The board shall adopt rules under
IC 4-22-2
to establish a
pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in
IC 36-8-3-20
); and
(3) conservation reserve officers (as described in
IC 14-9-8-27
);
regarding the subjects of arrest, search and seizure, use of force, and
firearm qualification. The pre-basic course must be offered on a
periodic basis throughout the year at regional sites statewide. The
pre-basic course must consist of forty (40) hours of course work. The
board may prepare a pre-basic course on videotape that must be used
in conjunction with live instruction. The board shall provide the course
material, the instructors, and the facilities at the regional sites
throughout the state that are used for the pre-basic course. In addition,
the board may certify pre-basic courses that may be conducted by other
public or private training entities, including colleges and universities.
(g) The board shall adopt rules under
IC 4-22-2
to establish a
mandatory inservice training program for police officers. After June 30,
1993, a law enforcement officer who has satisfactorily completed the
basic training and has been appointed to a law enforcement department
or agency on either a full-time or part-time basis is not eligible for
continued employment unless the officer satisfactorily completes a
minimum of sixteen (16) hours each year of inservice training in any
subject area included in the law enforcement academy's basic training
course or other job related subjects that are approved by the board as
determined by the law enforcement department's or agency's needs. In
addition, a certified academy staff may develop and make available
inservice training programs on a regional or local basis. The board may
approve courses offered by other public or private training entities,
including colleges and universities, as necessary in order to ensure the
availability of an adequate number of inservice training programs. The
board may waive an officer's inservice training requirements if the
board determines that the officer's reason for lacking the required
amount of inservice training hours is due to any of the following:
(1) An emergency situation.
(2) The unavailability of courses.