Bill Text: IN HB1120 | 2012 | Regular Session | Introduced


Bill Title: Arrests or citations at traffic stops.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2012-01-26 - Representatives GiaQuinta and Mahan added as coauthors [HB1120 Detail]

Download: Indiana-2012-HB1120-Introduced.html


Introduced Version






HOUSE BILL No. 1120

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-30-2-2.

Synopsis: Arrests or citations at traffic stops. Provides that a law enforcement officer may not arrest or issue a traffic information and summons to a person for a violation of a law regulating the use and operation of a motor vehicle on an Indiana highway or an ordinance of a city or town regulating the use and operation of a motor vehicle on an Indiana highway unless, at the time of the arrest or issuance, the officer: (1) is wearing a distinctive uniform and a badge of authority; (2) immediately identifies himself or herself as an officer using an authorized departmental identification card and a badge of authority; or (3) is operating a motor vehicle that is equipped with at least one signal lamp equipped with a red beam and a blue beam and a siren. Provides that, upon request, a law enforcement officer must allow a person who is the subject of such an: (1) arrest; or (2) issuance of a traffic information and summons; to contact a law enforcement agency or emergency dispatcher to verify the identity of the law enforcement officer. Makes an exception to these requirements for a law enforcement officer who is: (1) making an arrest; or (2) conducting a search or seizure of a person or property; in connection with the commission of a felony or misdemeanor that is not related to the use or operation of a motor vehicle.

Effective: July 1, 2012.





Morris




    January 6, 2012, read first time and referred to Committee on Veterans Affairs and Public Safety.







Introduced

Second Regular Session 117th General Assembly (2012)


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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HOUSE BILL No. 1120



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

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

SOURCE: IC 9-30-2-2; (12)IN1120.1.1. -->     SECTION 1. IC 9-30-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) This section does not apply to a law enforcement officer who is:
        (1) making an arrest; or
        (2) conducting a search or seizure of a person or property;
in connection with the commission of a felony or misdemeanor that is not related to the use or operation of a motor vehicle.
    (b)
A law enforcement officer may not arrest or issue a traffic information and summons to a person for a violation of an Indiana law regulating the use and operation of a motor vehicle on an Indiana highway or an ordinance of a city or town regulating the use and operation of a motor vehicle on an Indiana highway unless at the time of the arrest or issuance the officer: is:
        (1) is wearing a distinctive uniform and a badge of authority; or
         (2) immediately identifies himself or herself as an officer using an authorized departmental identification card and a badge of authority; or
        (2) (3) is operating a motor vehicle that is clearly marked as a police vehicle;
that will clearly show the officer or the officer's vehicle to casual observations to be an officer or a police vehicle. This section does not apply to an officer making an arrest when there is a uniformed officer present at the time of the arrest. equipped with:
            (A) at least one (1) signal lamp equipped with a red beam and a blue beam in the manner provided in IC 9-19-14-5; and
            (B) a siren under IC 9-19-14-3.
    (c) Upon request, a law enforcement officer shall allow a person who is the subject of an:
        (1) arrest; or
        (2) issuance of a traffic information and summons;
described in subsection (b) to contact a law enforcement agency or emergency dispatcher to verify the identity of the law enforcement officer.

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