Bill Text: IN SB0127 | 2013 | Regular Session | Introduced
Bill Title: Arrests and searches by federal employees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Rules and Legislative Procedure [SB0127 Detail]
Download: Indiana-2013-SB0127-Introduced.html
Citations Affected: IC 35-33.
Synopsis: Arrests and searches by federal employees. Provides that a
federal employee who is not designated by state law to act as a state
law enforcement officer may not make an arrest, a search, or a seizure
in Indiana without the written permission of the sheriff or the designee
of the sheriff who has jurisdiction in the county in which the arrest,
search, or seizure will occur. Provides certain exceptions. Provides that
if an arrest, a search, or a seizure is made without the sheriff's written
permission, the federal employee must be prosecuted under Indiana law
and charged with an offense appropriate to the circumstances. Provides
that under the Tenth Amendment of the Constitution of the United
States and Indiana's compact with the other states, the general assembly
declares that any federal law that purports to provide federal employees
with the authority of a sheriff in Indiana is not recognized by and is
specifically rejected by the state of Indiana and is invalid in Indiana.
Makes conforming amendments.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Rules and Legislative
Procedure.
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) a warrant commanding that the person be arrested;
(2) probable cause to believe the person has committed or attempted to commit, or is committing or attempting to commit, a felony;
(3) probable cause to believe the person has violated the provisions of IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, IC 9-26-1-4, or IC 9-30-5;
(4) probable cause to believe the person is committing or attempting to commit a misdemeanor in the officer's presence;
(5) probable cause to believe the person has committed a:
(A) battery resulting in bodily injury under IC 35-42-2-1; or
(B) domestic battery under IC 35-42-2-1.3.
The officer may use an affidavit executed by an individual alleged
to have direct knowledge of the incident alleging the elements of
the offense of battery to establish probable cause;
(6) probable cause to believe that the person violated
IC 35-46-1-15.1 (invasion of privacy);
(7) probable cause to believe that the person violated
IC 35-47-2-1 (carrying a handgun without a license) or
IC 35-47-2-22 (counterfeit handgun license);
(8) probable cause to believe that the person is violating or has
violated an order issued under IC 35-50-7;
(9) probable cause to believe that the person is violating or has
violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
device);
(10) probable cause to believe that the person is:
(A) violating or has violated IC 35-45-2-5 (interference with
the reporting of a crime); and
(B) interfering with or preventing the reporting of a crime
involving domestic or family violence (as defined in
IC 34-6-2-34.5);
(11) a removal order issued for the person by an immigration
court;
(12) a detainer or notice of action for the person issued by the
United States Department of Homeland Security; or
(13) probable cause to believe that the person has been indicted
for or convicted of one (1) or more aggravated felonies (as
defined in 8 U.S.C. 1101(a)(43)).
(b) A person who:
(1) is employed full time as a federal enforcement officer;
(2) is empowered to effect an arrest with or without warrant for a
violation of the United States Code; and
(3) is authorized to carry firearms in the performance of the
person's duties;
may act as an officer for the arrest of offenders against the laws of this
state where the person reasonably believes that a felony has been or is
about to be committed or attempted in the person's presence.
Chapter 1.5. Arrests by Federal Employees
Sec. 1. (a) Except as provided in subsection (b), a federal employee who is not designated by state law to act as a state law enforcement officer may not make an arrest, a search, or a seizure in Indiana unless, before making the arrest, search, or seizure, the
federal employee obtains the written permission of the sheriff or
the designee of the sheriff who has jurisdiction in the county in
which the arrest, search, or seizure will occur.
(b) A federal employee described in subsection (a) may make an
arrest, a search, or a seizure without obtaining written permission
under subsection (a) under any of the following conditions:
(1) The:
(A) federal employee has the permission required under
section 2 of this chapter; and
(B) arrest, search, or seizure will take place on a federal
enclave for which jurisdiction has been ceded to the United
States under a state statute.
(2) The federal employee:
(A) reasonably believes that a crime is about to be
committed in the federal employee's presence; or
(B) witnesses the commission of a crime;
the nature of which requires an immediate arrest.
(3) The intended subject of the arrest, search, or seizure is an
employee of the sheriff's office or is an elected county or state
official.
(4) The federal employee has:
(A) the permission required under section 3 of this
chapter; and
(B) probable cause to believe that the subject of the arrest,
search, or seizure has close connections with the sheriff
that are likely to result in the subject being informed of the
impending arrest, search, or seizure.
(c) A sheriff or a designee of the sheriff may refuse to provide
written permission under this section.
Sec. 2. (a) Before a federal employee may make an arrest, a
search, or a seizure under section 1(b)(1) of this chapter, the
federal employee must obtain the written permission of the
attorney general of Indiana unless the resulting delay to obtain the
permission would probably cause:
(1) serious harm to an individual or to a community; or
(2) the subject of the arrest, search, or seizure to flee in order
to avoid prosecution.
(b) The attorney general of Indiana may refuse to provide
written permission under this section.
Sec. 3. (a) Before a federal employee may make an arrest, a
search, or a seizure under section 1(b)(4) of this chapter, the
federal employee must obtain the written permission of the
attorney general of Indiana.
(b) A request for permission under this section must include a
written statement, made under oath, that describes the federal
employee's probable cause to make the arrest, search, or seizure.
(c) The attorney general of Indiana may refuse to provide
written permission under this section.
Sec. 4. (a) A request for written permission to make an arrest,
a search, or a seizure that is submitted to a sheriff or the designee
of the sheriff or to the attorney general under this chapter must
contain the following information:
(1) The name of the subject of the arrest, search, or seizure.
(2) A:
(A) clear statement describing the probable cause for the
arrest, search, or seizure; or
(B) copy of the federal arrest, search, or seizure warrant
that contains a clear statement of probable cause.
(3) A description of specific assets, if any, to be searched for
or seized.
(4) A statement of the date and time that the arrest, search, or
seizure is to occur.
(5) The address or location where the intended arrest, search,
or seizure will be attempted.
(b) The request must be:
(1) in letter form, either typed or handwritten; and
(2) countersigned with the original signature of the sheriff or
designee of the sheriff or of the attorney general, as applicable
under this chapter;
to constitute valid permission.
(c) Written permission is valid for forty-eight (48) hours after
it is signed.
(d) The sheriff or attorney general shall keep a copy of the
permission request on file.
Sec. 5. (a) An arrest, a search, or a seizure or an attempted
arrest, search, or seizure made in violation of this chapter is
unlawful, and the individuals involved must be prosecuted for:
(1) kidnapping or criminal confinement if an arrest or
attempted arrest occurred;
(2) trespass if a search or attempted search occurred;
(3) theft if a seizure or attempted seizure occurred;
(4) murder, voluntary manslaughter, or any other applicable
offense if loss of life occurred; and
(5) any other applicable criminal offenses.
(b) A prosecution under this section must be conducted by the prosecuting attorney who has jurisdiction in the location where the violation occurred.
(c) If:
(1) the claim of a violation of this chapter has been made by a sheriff or a designee of the sheriff; and
(2) the prosecuting attorney does not initiate a prosecution against the alleged violator;
the prosecuting attorney is subject to prosecution by the attorney general of Indiana for official misconduct under IC 35-44.1-1-1. The attorney general of Indiana has jurisdiction to prosecute a prosecuting attorney under this subsection.
Sec. 6. Under the Tenth Amendment of the Constitution of the United States and the state of Indiana's compact with the other states, the general assembly declares that any federal law that purports to provide federal employees with the authority of a sheriff in Indiana is:
(1) not recognized by and specifically rejected by the state of Indiana; and
(2) invalid in Indiana.
