Provides that any type of law enforcement civilian oversight board or commission or any other entity established by a county, municipality, or township to provide civilian oversight over a law enforcement agency, excluding merit boards and commissions, may operate only in an advisory capacity to the applicable law enforcement agency and does not have binding authority over the law enforcement agency.
Requires the Indiana housing and community development authority (authority) to establish eligibility criteria for a potential recipient to be included in the authority's application for funding under the federal continuum of care program (program). Requires a recipient of program funding to submit an annual report to the authority. Defines "gravely disabled" for purposes of involuntary commitment. Prohibits an individual from camping, sleeping, or using for long term shelter land owned by the state or a political subdivision, unless the land has been authorized for that use by law. Requires a law enforcement officer who discovers a person unlawfully using land owned by the state or a political subdivision for unlawful camping, sleeping, or long term shelter to determine if there are reasonable grounds for an emergency detention of the person, and, if reasonable grounds exist, to proceed under the emergency detention procedure and not the criminal law. Provides that, if there are not grounds for emergency detention and certain elements are met, a person who knowingly or intentionally uses land owned by the state or a political subdivision for unauthorized camping, sleeping, or long term shelter commits a Class C misdemeanor. Creates a defense to the crime if: (1) no beds are available in a shelter or treatment facility located within five miles; or (2) less than six months have passed since the person was released from a facility to which the person was involuntarily committed. Prohibits a political subdivision from adopting or enforcing any policy that prohibits or discourages the enforcement of any order or ordinance prohibiting public camping, sleeping, or other obstruction of a sidewalk. Requires: (1) each local law enforcement agency to provide to the state police department the number of arrests made for violations of the prohibition of street camping; and (2) the state police department to provide this information to the authority. Specifies that the bill does not prohibit a policy, program, or order of a political subdivision that encourages a diversion program or encourages or requires providing housing or shelter in lieu of a citation or arrest. Makes technical corrections.
Establishes a procedure to prevent certain personal information of a protected judicial individual from being publically available by a public agency. Creates a civil cause of action against a public agency that fails to remove certain personal information of a protected individual. Repeals current code concerning the supreme court sheriff. Allows the supreme court and the court of appeals to each appoint a court marshal and allows each appointed court marshal to hire deputy court marshals. Requires a court marshal to ensure the safety and security of the court. Requires a supreme court marshal and a court of appeals court marshal to carry out certain responsibilities. Provides that a court marshal is entitled to qualified immunity for acts performed in the course of official duties. Specifies that a court marshal has limited police powers and is required to notify the local law enforcement agency as soon as practicable when a security threat is detected. Allows the marshal appointed by the court of appeals to provide for the safety and security of the tax court.
Requires the names and specified other information of child victims, child witnesses, and certain other persons to be redacted in criminal actions. Requires the use of an anonymous designator such as "Child Witness No. 1" when redacting a name, and prohibits redaction that uses the person's initials or that describes the person in terms of a family relationship.
Establishes the guardianship code revision task force (task force) to study a recodification of the current guardianship code with any necessary changes. Allows a person indebted to a minor or having possession of property belonging to a minor to pay the debt or deliver the property without a court order in an amount up to $25,000 and to pay the debt or deliver the property to a custodian under the Indiana Uniform Transfers to Minors Act. Specifies that a court may do the following when issuing a protective order: (1) authorize delivery of property to a custodian under the Indiana Uniform Transfers to Minors Act; and (2) order a trustee, custodian, or other person to file periodic reports concerning certain property transactions of a minor. Allows a person having the care and custody of a minor with whom the minor resides to petition a court to compromise a claim on behalf of the minor. Requires a court to hold a hearing on certain petitions concerning a proposal to compromise a claim on behalf of a minor and allows a court to appoint a guardian ad litem, an attorney, or other representative to represent the best interest of the minor in the proceeding. Provides that, under the Indiana Uniform Transfers to Minors Act, a trustee or administrator of certain plans may transfer funds due under a plan to the custodian of a minor who is designated as a beneficiary. Allows a custodian to transfer part or all of the minor's custodial property out of the custodial form under the Indiana Uniform Transfers to Minors Act to certain types of trusts or accounts without a court order. Provides that when a power of appointment in a trust (earlier power) is exercised to create another power of appointment (subsequent power) or another nonvested property interest, then the subsequent power or nonvested property interest created through the exercise of the earlier power is considered to have been created at the time of the creation of the earlier power, unless: (1) the instrument creating the earlier power; or (2) the instrument exercising the earlier power; explicitly provides that the subsequent power or nonvested property interest is considered to have been created at the time of the irrevocable exercise of the earlier power. Specifies that language conferring general authority in a power of attorney with respect to personal or family maintenance authorizes an attorney in fact to take certain actions on behalf of the principal for the benefit of the principal and the principal's spouse, children, and other persons customarily supported by the principal. Removes the authorization to employ or contract with servants or companions from the description of health care powers. Provides that the application is only to a lifetime or inter vivos transfer of property to a trust or similar arrangement under which the spouse of the transferor is granted an earlier power that can be exercised during the spouse's lifetime or upon the spouse's death to create a subsequent limited power of appointment or another nonvested property interest. Provides that the exercise of the earlier power or another nonvested property interest is considered to have been created at the time of the creation of the earlier power by the transferor. Specifies that certain written agreements executed between an owner of residential real property and a family member, attorney in fact, health care representative, or guardian that provide for an ownership interest in the residential real property are not prohibited residential real estate service agreements.
Specifies the sex offender reporting requirements for persons who are sex offenders or required to register in other jurisdictions. Adds "high risk missing person" to the definition of "missing child". Specifies that the silver alert program applies to missing children. Removes provisions concerning possession of child sex abuse material (CSAM) from the statute containing the offense of child exploitation, and makes a new section for CSAM offenses. Creates a new crime for distribution of CSAM, and generally conforms the sentencing enhancements for possession of CSAM, distribution of CSAM, and child exploitation. Specifies that certain restrictions on CSAM in discovery also apply in civil proceedings (under current law, they only apply in criminal proceedings). Provides a defense in specified circumstances. Removes certain duplicative provisions and makes conforming amendments and technical corrections.
Provides that the civil rights commission (commission) may not represent a private individual in a civil action filed in circuit or superior court. Amends the definition of "discriminatory practice". Requires the commission to first send a complaint received by the commission to another state or federal agency that has jurisdiction over the complaint. Allows the commission to enter into a memorandum of understanding with a state or federal agency if certain conditions are met. Requires the party that elects to have claims asserted in a finding of reasonable cause decided in a civil action to file the civil action. Provides that the commission may only represent the state in a civil action and repeals a provision allowing a court to award monetary damages in those cases. Conforms the circumstances under which the commission may be required to pay attorney's fees to the circumstances under which an agency may be required to pay fees under the administrative orders and proceedings act (AOPA).
Specifies that a party to a protective order proceeding has a duty to inform the court of any military protective orders issued by a military commander in effect between the parties. Allows the court to consider evidence of a military protective order in effect against a respondent for the protection of the petitioner. Amends provisions concerning facially valid foreign protection orders to include certain protection orders issued by a Canadian court.
Provides that the state police department is the statewide coordinating agency for counter-UAS activities authorized under federal law. Provides that the bill's provisions apply: (1) if a federal law is enacted that authorizes state or local law enforcement personnel to detect, track, identify, or mitigate a UAS under federal approval, certification, or oversight; and (2) after the governor publishes a notice in the Indiana Register that includes a description of the authorization and identifies the federal statute or program that provides the authorization. Provides that the state police department may designate a law enforcement agency of a political subdivision as a participating agency if the agency satisfies federal requirements for personnel training and operational readiness. Provides that the state police department may designate Indianapolis as a pilot project location due to the concentration of high-risk sites and special event assessment rating events. Provides that mitigation activities may not be performed unless expressly authorized under federal law.
Removes partial liability for damages when a person removes a domestic animal from a motor vehicle. Increases certain penalties for offenses involving animals, and establishes a defense for an uninvolved person attacked by a law enforcement animal. Sets forth new definitions and amends various definitions for offenses relating to animals. Specifies that animal cruelty statutes apply to a rodent that is not a nuisance rodent. Makes certain acts an aggravating circumstance for purposes of sentencing.
