Sen. Jack E. Sandlin

A CONCURRENT RESOLUTION memorializing James C. Clark.

A SENATE RESOLUTION honoring Senator John C. Ruckelshaus upon his retirement from the Indiana State Senate.

Provides that a police officer of a hospital police department (department) has county wide territorial jurisdiction only while the hospital police officer is on duty and in the performance of or engaged in the officer's normal duties. Provides that the governing board of a hospital may limit the department's jurisdiction. Requires the department to notify certain entities if the governing board of the hospital has limited the department's jurisdiction. Provides public access to certain records created by the department. Provides certain conditions under which a department officer may take action regarding a crime in progress.

Grants, until January 1, 2025, the attorney general concurrent jurisdiction with the prosecuting attorney to prosecute an action in which a person is accused of committing a criminal offense while a member of an unlawful assembly. Permits the chief executive officer of a political subdivision to establish a curfew under certain circumstances. Makes refusing to leave a location in violation of a curfew, after having been informed of the curfew and ordered to leave by a law enforcement officer, a Class B misdemeanor. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Prohibits a person from being released on bail without a hearing in open court, establishes a rebuttable presumption that money bail shall be required, and requires a court to consider whether bail conditions more stringent than the local guidelines should be imposed. Adds enhanced penalties to the crimes of: (1) rioting; and (2) obstruction of traffic. Allows a conspiracy charge for a misdemeanor committed while a member of an unlawful assembly. Provides that a person may recover actual damages in a civil action against a county, city, or town (unit) for loss of property proximately caused by an unlawful assembly, if the unit recklessly fails to exercise reasonable diligence to prevent or suppress the unlawful assembly.

A SENATE RESOLUTION honoring Senator James W. Merritt, Jr. upon his retirement from the Indiana State Senate.

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.

Requires the budget agency to withhold local income tax revenue from an eligible county if the eligible county fails to raise certain revenues for a public transportation project. (Current law requires eligible counties to raise: (1) 10% of the annual operating expenses of the project from sources other than taxes and fares; and (2) 25% of the annual operating expenses of the project from fares and charges.) Specifies that the amount of local income taxes withheld from an eligible county may not diminish the amount of money distributed to the eligible county for deposit in the eligible county's public transportation fund below the amount required to pay its debt service obligations for bonds issued for purposes of a public transportation project. Prohibits Marion County from creating additional IndyGo bus rapid transit lines if the revenue requirements are not met.

Prohibits a state or local law enforcement officer (officer) from firing warning shots. Allows a guard, official, or officer in a state or local penal facility to fire warning shots to prevent the escape of a person. Prohibits a law enforcement agency or merit board from taking an adverse employment action against a law enforcement officer who lawfully exercises the officer's right of self defense, and requires a law enforcement agency to indemnify a law enforcement officer for reasonable expenses incurred by the officer in successfully contesting an adverse employment action.

Provides that, subject to the approval of a county adopting body, a fire protection district or a qualified fire protection territory may apply for distributions of tax revenue. Provides that a township that provides fire protection or emergency medical services (other than a township in Marion County) may apply to a county adopting body for a distribution of tax revenue for public safety purposes. Requires the adopting body to conduct a public hearing to review and approve the application. Specifies the method for determining the amount of the distribution to the qualified township.

Provides that notwithstanding any ordinance or resolution of a political subdivision, an employee of the political subdivision may serve as the chairman of a county political party while continuing to serve as an employee of the unit free from any discipline or other sanctions. Provides that a unit may not adopt an ordinance or resolution that: (1) provides that an individual who does business with the unit may not hold an office or other position in a political party; or (2) prohibits an individual who holds an office or other position in a political party from doing business with the city. Provides that such an ordinance or resolution is void. Provides that except when on duty or acting in an official capacity and except where otherwise provided by Indiana or federal law, an employee of a political subdivision may not be discouraged from engaging in political activity or denied the right to choose to refrain from engaging in political activity provided such activities do not impede or impair the efficient operation of the employee's employing agency.