Rep. Wendy McNamara

A CONCURRENT RESOLUTION urging the Indiana Department of Transportation to place a memorial sign where the 38th parallel crosses State Road 69, south of Copperline Road in Posey County, Indiana, entitled "Posey County honoring the Veterans of the Korean War, here lies the 38th Parallel".

Provides that a person shall not sell or issue to an Indiana consumer any gift certificate or store gift card with an expiration date unless certain conditions are met. Provides that, with respect to a gift certificate or store gift card that is sold or issued to an Indiana consumer after December 31, 2022, if at any time after the gift certificate or store gift card is issued or sold: (1) the merchant for which the gift certificate or store gift card was originally sold or issued: (A) for any reason ceases to do business in Indiana; or (B) for any reason: (i) substantially changes; or (ii) ceases to offer; the types of goods or services that were offered to consumers at the time the gift certificate or store gift card was originally sold or issued; and (2) any expiration date: (A) authorized under the bill's provisions; and (B) applicable to the gift certificate or store gift card (or to the underlying funds associated with either) has not elapsed; the merchant for which the gift certificate or store gift card was originally sold or issued shall, upon the request of an Indiana consumer who is the rightful holder of the gift certificate or store gift card, promptly refund to the holder the balance of the underlying funds or provide the holder with the remaining balance in some other manner. Provides that a person that violates the bill's provisions: (1) commits a deceptive act that is actionable by an aggrieved consumer and the attorney general under the deceptive consumer sales act; and (2) is subject to the penalties and remedies set forth in the deceptive consumer sales act. Authorizes the attorney general to adopt rules to implement these provisions.

Permits the attorney general to request the appointment of a special prosecuting attorney if a prosecuting attorney is categorically refusing to prosecute certain crimes, and establishes a procedure for the appointment of a person to serve as a special prosecuting attorney to prosecute cases that the county prosecuting attorney is refusing to prosecute.

Establishes the low barrier homeless task force. Provides that a person commits the offense of criminal trespass if: (1) the person, who does not have a contractual interest in the property, knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave the property by a law enforcement officer when the property is designated by a municipality or county enforcement authority to be an unsafe building or premises; or (2) the person knowingly or intentionally enters the property of another person after being denied entry by a court order that has been issued to the person or issued to the general public by conspicuous posting on or around the premises in areas where a person can observe the order when the property has been designated by a municipality or county enforcement authority to be an unsafe building or premises; unless the person has the written permission of the owner, the owner's agent, an enforcement authority, or a court to come onto the property for purposes of performing maintenance, repair, or demolition. Provides that an individual who harasses another person with the intent to obtain property from the other person commits aggressive harassment, a Class C misdemeanor. Defines "harasses". Repeals the chapter concerning panhandling.

Recognizing January 11th as Human Trafficking Awareness Day.

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. Requires a person convicted of a battery against a law enforcement officer, firefighter, or emergency medical services provider to: (1) serve a mandatory minimum sentence of 30 or 90 days, depending on the severity of the injury; and (2) make restitution to the victim. Defines "tumultuous conduct" and "unlawful assembly" for purposes of the rioting statute, and requires a person convicted of rioting to: (1) serve a mandatory minimum sentence of 30 days; and (2) make restitution to the victim. Defines "camp" and "state capitol and related property", and makes unlawful camping on state capitol and related property a Class A misdemeanor. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person while a (lawful or unlawful) protest was taking place. Adds enhanced penalties to the crimes of: (1) rioting; (2) criminal mischief; (3) intimidation; and (4) disorderly conduct. Adds a sentence enhancement to battery committed while a (lawful or unlawful) protest was taking place. Defines "defunding law enforcement" and allows a person to bring an action to enjoin a local unit from defunding law enforcement.

Provides that, before July 1, 2026, each school corporation, charter school, and state accredited nonpublic school shall require all school employees likely to have direct, ongoing contact with children within the scope of the employee's employment to attend or participate in inservice training pertaining to evidence based trauma informed classroom instruction and instruction in recognition of social emotional learning reactions to trauma that may interfere with a student's academic functioning. Allows a school corporation, charter school, or state accredited nonpublic school to provide the training to the school employees in the manner specified by the school corporation, charter school, or state accredited nonpublic school. Provides that, after June 30, 2026, the state board shall determine the timing and the frequency of the training.

Establishes the long term recovery group for Southwest Indiana program (program) and the long term recovery group for Southwest Indiana fund. Makes an appropriation for the development of the program for the state fiscal year beginning July 1, 2021, and ending June 20, 2022. Makes annual appropriations for the operation of the program beginning with the state fiscal year beginning July 1, 2022, and ending June 30, 2023.

Requires a teacher preparation program to include content within the curriculum that: (1) prepares teacher candidates to use evidenced based trauma informed classroom instruction and recognition of social, emotional, and behavioral reactions to trauma that may interfere with a student's academic functioning; and (2) provides information on certain applicable Indiana laws. Requires a teacher preparation program to consider using certain curricula pertaining to student trauma.

Amends guidelines related to educational credit time for a person incarcerated in the department of correction. Provides that, before May 1, 2023, the department of correction shall submit a report to the legislative council concerning the implementation of the individualized case management plan. Permits a prosecuting attorney to file for revocation of a community corrections placement. Provides that credit time earned by a person on pretrial home detention does not include accrued time.