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.
Sponsored bills
A SENATE RESOLUTION honoring Senator James W. Merritt, Jr. upon his retirement from the Indiana State Senate.
Provides a 25% state tax credit for contributions made to a public school foundation for taxable years beginning after December 31, 2021, and before January 1, 2024. Provides that the amount allowable as a credit in a taxable year may not exceed: (1) $1,000 in the case of an individual filing a single return or a corporation; or (2) $2,000 in the case of a married couple filing a joint return. Provides that the maximum amount of credits that may be awarded in a state fiscal year to $5,000,000.
Provides that federal economic stimulus funds (funds) disbursed to the state during a period in which the general assembly is convened in regular or special session are subject to appropriation by the general assembly, and if the funds are disbursed in a period in which the general assembly is not convened in regular or special session, then the allotment of those funds is subject to review by the state budget committee. Establishes the legislative state of disaster advisory group to: (1) consult with, receive information from, and advise the governor concerning a widespread disaster emergency; (2) review, evaluate, and make recommendations with respect to a widespread disaster emergency; and (3) inform the members of the general assembly concerning the advisory group's work and the widespread disaster emergency. Provides that a disaster emergency affecting 10 or more counties may be extended beyond its initial period, or beyond an extension authorized by the general assembly to a specified date: (1) by not more than 15 days if the general assembly is not in session and the governor does not call the general assembly into session; (2) by not more than 30 days if, during the first fifteen (15) days following the governor's renewal, the general assembly is in session or the governor calls the general assembly into session, but the general assembly does not authorize a renewal of the disaster emergency; or (3) to a specified date fixed by the general assembly, if the general assembly authorizes a renewal of the disaster emergency. Prohibits the governor from declaring a new disaster emergency within 180 days of the termination of a previous disaster emergency if the: (1) new disaster emergency is based on the same or a similar cause as the previous disaster emergency; and (2) the previous disaster emergency was terminated by the general assembly or expired because the general assembly did not reauthorize it. Specifies that, during a special session called to authorize the extension of a disaster emergency, the general assembly may only consider upon issues related to the disaster. Makes a violation of the disaster law chapter or an order authorized by that chapter a Class B infraction.
Urges the legislative council to assign to the interim study committee on energy, utilities, and telecommunications (committee) the topic of the installation and leasing of broadband capacity infrastructure by investor owned electric utilities to broadband service providers for the provision of broadband Internet service to unserved and underserved areas in Indiana. Provides that if a study is assigned to the committee: (1) the committee must consider certain specified issues; and (2) an electric utility may submit to the committee, not later than July 1, 2021, a study concerning the feasibility of making available broadband capacity infrastructure for use by broadband service providers in providing broadband service in unserved or underserved areas in the electric utility's assigned service area.
Urges the legislative council to assign to an interim study committee the topic of the administration of the Indianapolis Marion County police department.
Provides civil tort immunity for damages arising from COVID-19 on the premises owned or operated by a person, on any premises on which the person or an employee or agent of the person provided property or services to the individual, or during an activity managed, organized, or sponsored by the person, except for an act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts). Defines "COVID-19 protective product" and provides civil tort immunity for harm that results from the design, manufacture, labeling, sale, distribution, or donation of a COVID-19 protective product, except for an act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts). Prohibits class action suits.
Provides an annual salary increase for Indiana state police employees (peace officers), motor carrier inspectors, and capitol police officers. Provides that the increases are equal to 50% of the average annual salary percentage increase received by those state employees of the executive branch who are under a salary plan that is substantially similar to the salary matrix adopted by the state police board (board) for peace officers, motor carrier inspectors, and capitol police officers, respectively. However, provides that peace officers, motor carrier inspectors, and capitol police officers are not entitled to annual salary increases in a year in which those state employees of the executive branch who are under substantially similar salary plans did not receive increases. Requires the budget director to make the determination of those state employees of the executive branch who are under substantially similar salary plans and the average percentage amount of any salary increase those employees received, if any. Makes a technical correction.
Establishes a procedure for the general assembly to call itself into session at times not specifically scheduled in statute. Provides that: (1) the initial state of disaster emergency may not continue longer than 30 days following the initial date of the declaration; and (2) a state of disaster emergency may not be renewed or extended by the governor without the approval of the general assembly. Provides that if the governor calls a special session, the special session shall be limited only to consideration of the purpose for which the initial state of disaster emergency was declared.
Prohibits the department of child services (department), a licensed child placing agency, or a court from considering the following when determining the suitability of a prospective adoptive parent: (1) The eligibility of the prospective adoptive parent to receive adoption assistance payments or an adoption subsidy. (2) The amount of the adoption assistance payments or adoption subsidy for which the prospective adoptive parent qualifies. Requires, with certain exceptions, that the department: (1) enter into an agreement with each adoptive parent of a child with special needs who is eligible for an adoption subsidy to provide an adoption subsidy for the child; and (2) allocate to the adoption assistance account funds necessary to make the adoption subsidy payments. Prohibits the department from terminating an adoption subsidy agreement with an adoptive parent due to a lack of sufficient funds in the adoption assistance account. Provides that the amount of adoption subsidy payments may not be less than an amount equal to 50% of the amount that would be payable by the department for the monthly cost of care of the adopted child in a foster family home at the time that: (1) the adoption subsidy agreement is made; or (2) the subsidy is payable under the terms of the agreement; whichever is greater. Makes conforming changes.