Indiana Senate Bill 34 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 2-0)
Status: Introduced on January 4 2021 - 25% progression, died in committee
Action: 2021-01-04 - First reading: referred to Committee on Corrections and Criminal Law
Pending: Senate Corrections & Criminal Law Committee
Text: Latest bill text (Introduced) [PDF]

Unlawful assembly. Provides that a person convicted of rioting is not eligible: (1) for employment by the state or a local unit of government; and (2) to receive certain state and local benefits. Removes immunity under the Indiana tort claims act for the failure to enforce a law if the failure to enforce the law: (1) occurs in connection with an unlawful assembly; and (2) constitutes gross negligence. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Prohibits a person from being released on bail without a hearing in open court, establishes a rebuttable presumption that money bail shall be required, and requires a court to consider whether bail conditions more stringent than the local guidelines should be imposed. Adds enhanced penalties to the crimes of: (1) rioting; (2) obstruction of traffic; (3) criminal mischief; and (4) disorderly conduct. Adds a sentence enhancement to battery committed by a member of an unlawful assembly. Defines "defunding law enforcement" and allows a person to bring an action to enjoin a local unit from defunding law enforcement.

Unlawful assembly.

Sen. James Tomes [R]

Sen. Michael Crider [R]

Date	Chamber	Action
2021-01-04	Senate	First reading: referred to Committee on Corrections and Criminal Law
2021-01-04	Senate	Authored by Senators Tomes and Crider

Type	Source
Summary	https://iga.in.gov/legislative/2021/bills/senate/34/details
Text	http://iga.in.gov/static-documents/3/d/1/e/3d1e24d3/SB0034.01.INTR.pdf
Supplement	http://iga.in.gov/static-documents/4/8/6/4/486465fb/SB0034.01.INTR.FN001.pdf