Introduced Version
SENATE BILL No. 35
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-13-9.
Synopsis: Recording law enforcement officer activities. Provides that
if: (1) a person is taking a photograph or making a video recording or
motion picture of a law enforcement officer while the law enforcement
officer is engaged in the performance of the law enforcement officer's
official duties; and (2) the law enforcement officer or another law
enforcement officer interferes with the person's taking of the
photograph or making of the video recording or motion picture; the law
enforcement officer who interferes with the person is liable to the
person in an action at law, a suit in equity, or another proper
proceeding for redress of the law enforcement officer's interference.
Provides for certain exceptions to law enforcement officer liability.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Civil Law.
Introduced
First Regular Session 118th General Assembly (2013)
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SENATE BILL No. 35
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-13-9; (13)IN0035.1.1. -->
SECTION 1. IC 34-13-9 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]:
Chapter 9. Recording Law Enforcement Officer Activities
Sec. 1. As used in this chapter, "law enforcement officer" has
the meaning set forth in IC 35-31.5-2-185.
Sec. 2. Except as provided in section 3 of this chapter, if:
(1) a person is:
(A) taking a digital or analog photograph; or
(B) making a digital or analog video recording or motion
picture;
of a law enforcement officer while the law enforcement officer
is engaged in the performance of the law enforcement officer's
official duties; and
(2) the law enforcement officer or another law enforcement
officer interferes with the person's taking of the photograph
or making of the video recording or motion picture;
the law enforcement officer who interferes with the person is liable
to the person in an action at law, a suit in equity, or another proper
proceeding for redress of the law enforcement officer's interference.
Sec. 3. A law enforcement officer is not liable under section 2 of
this chapter if the law enforcement officer reasonably believed the
law enforcement officer was interfering with the taking of the
photograph or making of the video recording or motion picture to:
(1) lawfully enforce a:
(A) criminal law; or
(B) municipal ordinance;
(2) protect the public safety;
(3) preserve the integrity of a:
(A) crime scene; or
(B) criminal investigation;
(4) protect the privacy interests of any person, including a
victim of a crime; or
(5) lawfully enforce a rule or policy adopted by:
(A) the supreme court of Indiana; or
(B) a local court;
concerning the photographing or recording of judicial
proceedings.