Bill Text: IN HB1332 | 2011 | Regular Session | Introduced
Bill Title: Bias crimes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-13 - First reading: referred to Committee on Courts and Criminal Code [HB1332 Detail]
Download: Indiana-2011-HB1332-Introduced.html
Citations Affected: IC 5-2-1-9; IC 34-24-5; IC 35-38-1-7.1;
IC 35-41-1-13.5.
Synopsis: Bias crimes. Requires law enforcement officers to receive
training in identifying, responding to, and reporting bias crimes. Allows
an individual who suffers a personal injury or property damage caused
by a criminal offense to bring a civil action to recover damages,
including punitive damages, if the person who committed the offense
knowingly or intentionally selected the victim because: (1) of the
victim's actual or perceived color, creed, disability, national origin,
race, religion, sexual orientation, gender identity, or sex; (2) of the
actual or perceived color, creed, disability, national origin, race,
religion, sexual orientation, gender identity, or sex of an individual
affiliated or associated with the victim; or (3) the victim was homeless.
Makes commission of a crime because: (1) of the victim's actual or
perceived color, creed, disability, national origin, race, religion, sexual
orientation, gender identity, sex, or any other characteristic or belief;
(2) of the actual or perceived color, creed, disability, national origin,
race, religion, sexual orientation, gender identity, sex, or any other
characteristic or belief of an individual affiliated or associated with the
victim; or (3) the victim was homeless; an aggravating circumstance
that may be considered by a judge when the judge imposes a sentence
for the crime.
Effective: July 1, 2011.
January 13, 2011, read first time and referred to Committee on Courts and Criminal Code.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(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, law enforcement training centers, 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 standards for a course of study on cultural diversity
awareness that must be required for each person accepted for
training at a law enforcement training school or academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers appointed on other than a permanent basis shall complete
in order to be eligible for continued employment or permanent
appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with:
(A) persons with autism, mental illness, addictive disorders,
mental retardation, and developmental disabilities; and
(B) missing endangered adults (as defined in IC 12-7-2-131.3);
to be provided by persons approved by the secretary of family and
social services and the board.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws
(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(b) 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 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), (l), (r), and (s), 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 a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
(e) This subsection does not apply to:
(1) a gaming agent employed as a law enforcement officer by the
Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
designated by the securities commissioner as a police officer of
the state under IC 23-19-6-1(i).
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, the lawful use of
force, interacting with individuals with autism, and the operation of an
emergency vehicle. 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 at least forty (40) hours of course work. The
board may prepare the classroom part of the pre-basic course using
available technology 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
postsecondary educational institutions.
(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 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 the
mandatory inservice training requirements established by rules adopted
by the board. Inservice training must include training in interacting
with persons with mental illness, addictive disorders, mental
retardation, autism, and developmental disabilities, to be provided by
persons approved by the secretary of family and social services and the
board, and training concerning human and sexual trafficking. The
board may approve courses offered by other public or private training
entities, including postsecondary educational institutions, 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 either
of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(6) The program must require training in interacting with
individuals with autism.
(i) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the executive training
program within two (2) months of the date the police chief initially
takes office. A police chief must successfully complete the executive
training program within six (6) months of the date the police chief
initially takes office. However, if space in the executive training
program is not available at a time that will allow completion of the
executive training program within six (6) months of the date the police
chief initially takes office, the police chief must successfully complete
the next available executive training program that is offered after the
police chief initially takes office.
(k) A police chief who fails to comply with subsection (j) may not
continue to serve as the police chief until completion of the executive
training program. For the purposes of this subsection and subsection
(j), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police
department; and
(3) the chief of a consolidated law enforcement department
established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these
purposes, but a town marshal may enroll in the executive training
program.
(l) A fire investigator in the division of fire and building safety
appointed after December 31, 1993, is required to comply with the
basic training standards established under this chapter.
(m) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(3).
(n) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at
least two (2) years and less than six (6) years before the officer is
hired under subdivision (1) due to the officer's resignation or
retirement; and
(3) completed at any time a basic training course certified by the
board before the officer is hired under subdivision (1).
(o) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at
least six (6) years and less than ten (10) years before the officer
is hired under subdivision (1) due to the officer's resignation or
retirement;
(3) is hired under subdivision (1) in an upper level policymaking
position; and
(4) completed at any time a basic training course certified by the
board before the officer is hired under subdivision (1).
A refresher course established under this subsection may not exceed
one hundred twenty (120) hours of course work. All credit hours
received for successfully completing the police chief executive training
program under subsection (i) shall be applied toward the refresher
course credit hour requirements.
(p) Subject to subsection (q), an officer to whom subsection (n) or
(o) applies must successfully complete the refresher course described
in subsection (n) or (o) not later than six (6) months after the officer's
date of hire, or the officer loses the officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) A law enforcement officer who has worked as a law enforcement
officer for less than twenty-five (25) years before being hired under
subsection (n)(1) or (o)(1) is not eligible to attend the refresher course
described in subsection (n) or (o) and must repeat the full basic training
course to regain law enforcement powers. However, a law enforcement
officer who has worked as a law enforcement officer for at least
twenty-five (25) years before being hired under subsection (n)(1) or
(o)(1) and who otherwise satisfies the requirements of subsection (n)
or (o) is not required to repeat the full basic training course to regain
law enforcement power but shall attend the refresher course described
in subsection (n) or (o) and the pre-basic training course established
under subsection (f).
(r) This subsection applies only to a gaming agent employed as a
law enforcement officer by the Indiana gaming commission. A gaming
agent appointed after June 30, 2005, may exercise the police powers
described in subsection (d) if:
(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses
established by the Indiana gaming commission in conjunction
with the board.
(s) This subsection applies only to a securities enforcement officer
designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the police
powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the
pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes any
other training courses established by the securities commissioner
in conjunction with the board.
(t) As used in this section, "upper level policymaking position"
refers to the following:
(1) If the authorized size of the department or town marshal
system is not more than ten (10) members, the term refers to the
position held by the police chief or town marshal.
(2) If the authorized size of the department or town marshal
system is more than ten (10) members but less than fifty-one (51)
members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next rank and pay
grade immediately below the police chief or town marshal.
(3) If the authorized size of the department or town marshal
system is more than fifty (50) members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next two (2) ranks
and pay grades immediately below the police chief or town
marshal.
(u) This subsection applies only to a correctional police officer
employed by the department of correction. A correctional police officer
may exercise the police powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic course
described in subsection (f); and
(2) the officer successfully completes any other training courses
established by the department of correction in conjunction with
the board.
(v) This subsection applies to the following:
(1) Minimum basic training program required under
subsection (d).
(2) Mandatory inservice training program required under
subsection (g).
(3) Town marshal basic training program required under
subsection (h).
(4) Police chief executive training program required under
subsection (j).
(5) Any other training program for which the board adopts
standards.
After December 31, 2011, the standards adopted by the board for
each program described in this subsection must include
requirements for mandatory training in identifying, responding to,
and reporting bias crimes in which the person who committed the
offense selected the victim who was injured or whose property was
damaged or otherwise affected because of the color, creed,
disability, national origin, race, religion, sexual orientation, gender
identity, or sex of the victim or an individual affiliated or
associated with the victim or because the victim was a homeless
individual (as defined in IC 35-41-1-13.5).
Chapter 5. Civil Action for Victims of Bias Crime Offenders
Sec. 1. This chapter applies only to causes of action that accrue after June 30, 2011.
Sec. 2. As used in this chapter, "bias crime offender" means a person:
(1) who:
(A) was convicted of committing a crime that injured an individual; and
(B) knowingly or intentionally selected the individual as the victim of the crime because:
(i) of the actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender identity, or sex of the victim;
(ii) of the actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender identity, or sex of an individual affiliated or associated with the victim; or
(iii) the victim was a homeless individual; or
(2) who:
(A) was convicted of committing a crime that damaged or otherwise affected property; and
(B) knowingly or intentionally damaged or otherwise affected the property because:
(i) of the actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender identity, or sex of the individual who owned or occupied the property;
(ii) of the actual or perceived color, creed, disability, national origin, race, religion, sexual orientation, gender identity, or sex of an individual affiliated or associated with the individual who owned or occupied the property; or
(iii) the individual who owned or occupied the property was a homeless individual.
Sec. 3. (a) As used in this chapter, "homeless individual" means an individual who:
(1) lacks a fixed, regular, and adequate nighttime residence; or
(2) uses one (1) of the following as a primary nighttime residence:
(A) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including a motel, a hotel, a congregate shelter, or transitional housing.
(B) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
(b) The term does not include an individual imprisoned or otherwise detained under state or federal law.
Sec. 4. If an individual suffers a pecuniary loss because of the commission of a crime by a bias crime offender, the individual may bring a civil action against the person who caused the loss.
Sec. 5. An individual bringing an action under section 4 of this chapter may seek to recover the following:
(1) Actual, compensatory, and consequential damages.
(2) Punitive damages in an amount not more than three (3) times the person's actual damages.
(3) The costs of the action.
(4) Reasonable attorney's fees.
Sec. 6. (a) Except as provided in subsection (b), this chapter does not limit a person's rights or remedies under any other state or federal law.
(b) A person may not recover damages under IC 34-24-3 and this chapter for the same crime.
(1) The harm, injury, loss, or damage suffered by the victim of an offense was:
(A) significant; and
(B) greater than the elements necessary to prove the commission of the offense.
(2) The person has a history of criminal or delinquent behavior.
(3) The victim of the offense was less than twelve (12) years of
age or at least sixty-five (65) years of age at the time the person
committed the offense.
(4) The person:
(A) committed a crime of violence (IC 35-50-1-2); and
(B) knowingly committed the offense in the presence or within
hearing of an individual who:
(i) was less than eighteen (18) years of age at the time the
person committed the offense; and
(ii) is not the victim of the offense.
(5) The person violated a protective order issued against the
person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
IC 34-4-5.1 before their repeal), a workplace violence restraining
order issued against the person under IC 34-26-6, or a no contact
order issued against the person.
(6) The person has recently violated the conditions of any
probation, parole, pardon, community corrections placement, or
pretrial release granted to the person.
(7) The victim of the offense was:
(A) a person with a disability (as defined in IC 27-7-6-12), and
the defendant knew or should have known that the victim was
a person with a disability; or
(B) mentally or physically infirm.
(8) The person was in a position having care, custody, or control
of the victim of the offense.
(9) The injury to or death of the victim of the offense was the
result of shaken baby syndrome (as defined in IC 16-41-40-2).
(10) The person threatened to harm the victim of the offense or a
witness if the victim or witness told anyone about the offense.
(11) The person:
(A) committed trafficking with an inmate under IC 35-44-3-9;
and
(B) is an employee of the penal facility.
(12) The person who committed the offense knowingly or
intentionally selected the victim who was injured by the
offense or whose property was damaged or otherwise affected
by the offense because:
(A) of the actual or perceived color, creed, disability,
national origin, race, religion, sexual orientation, gender
identity, sex, or any other characteristic or belief of the
injured individual or of the owner or occupant of the
property;
(B) of the actual or perceived color, creed, disability,
national origin, race, religion, sexual orientation, gender
identity, sex, or any other characteristic or belief of an
individual affiliated or associated with the injured
individual or of the owner or occupant of the property; or
(C) the injured individual or the owner or occupant of the
property was a homeless individual.
(b) The court may consider the following factors as mitigating
circumstances or as favoring suspending the sentence and imposing
probation:
(1) The crime neither caused nor threatened serious harm to
persons or property, or the person did not contemplate that it
would do so.
(2) The crime was the result of circumstances unlikely to recur.
(3) The victim of the crime induced or facilitated the offense.
(4) There are substantial grounds tending to excuse or justify the
crime, though failing to establish a defense.
(5) The person acted under strong provocation.
(6) The person has no history of delinquency or criminal activity,
or the person has led a law-abiding life for a substantial period
before commission of the crime.
(7) The person is likely to respond affirmatively to probation or
short term imprisonment.
(8) The character and attitudes of the person indicate that the
person is unlikely to commit another crime.
(9) The person has made or will make restitution to the victim of
the crime for the injury, damage, or loss sustained.
(10) Imprisonment of the person will result in undue hardship to
the person or the dependents of the person.
(11) The person was convicted of a crime involving the use of
force against a person who had repeatedly inflicted physical or
sexual abuse upon the convicted person and evidence shows that
the convicted person suffered from the effects of battery as a
result of the past course of conduct of the individual who is the
victim of the crime for which the person was convicted.
(c) The criteria listed in subsections (a) and (b) do not limit the
matters that the court may consider in determining the sentence.
(d) A court may impose any sentence that is:
(1) authorized by statute; and
(2) permissible under the Constitution of the State of Indiana;
regardless of the presence or absence of aggravating circumstances or
mitigating circumstances.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 13.5. (a) "Homeless individual"
means an individual who:
(1) lacks a fixed, regular, and adequate nighttime residence;
or
(2) uses one (1) of the following as a primary nighttime
residence:
(A) A supervised publicly or privately operated shelter
designed to provide temporary living accommodations,
including a motel, a hotel, a congregate shelter, or
transitional housing.
(B) A public or private place not designed for, or
ordinarily used as, a regular sleeping accommodation for
human beings.
(b) The term does not include an individual imprisoned or
otherwise detained under state or federal law.