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 this style type.
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 this style type reconciles
conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.
Be it enacted by the General Assembly of the State of Indiana:
board (as established by IC 10-21-1-3) if a member requests
the plan; and
(3) shall be filed with the county school safety commission
under IC 5-2-10.1-10 if the county has established a county
school safety commission.
SECTION 4. IC 5-2-10.1-10, AS AMENDED BY P.L.2-2006,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) A county may establish a county
school safety commission.
(b) The members of the commission are as follows:
(1) The school safety specialist for each school corporation
located in whole or in part in the county.
(2) The judge of the court having juvenile jurisdiction in the
county or the judge's designee.
(3) The sheriff of the county or the sheriff's designee.
(4) The chief officer of every other law enforcement agency in the
county, or the chief officer's designee.
(5) A representative of the juvenile probation system, appointed
by the judge described under subdivision (2).
(6) Representatives of community agencies that work with
children within the county.
(7) A representative of the Indiana state police district that serves
the county.
(8) A representative of the Prosecuting Attorneys Council of
Indiana who specializes in the prosecution of juveniles.
(9) Other appropriate individuals selected by the commission.
(c) If a commission is established, the school safety specialist of the
school corporation having the largest ADM (as defined in
IC 20-18-2-2) in the county shall convene the initial meeting of the
commission.
(d) The members shall annually elect a chairperson.
(e) A commission shall perform the following duties:
(1) Perform a cumulative analysis of school safety needs within
the county.
(2) Coordinate and make recommendations for the following:
(A) Prevention of juvenile offenses and improving the
reporting of juvenile offenses within the schools.
(B) Proposals for identifying and assessing children who are
at high risk of becoming juvenile offenders.
(C) Methods to meet the educational needs of children who
have been detained as juvenile offenders.
(1) matching grant under this section each year.
(d) The board may not award a grant to a school corporation or
charter school under this chapter unless the school corporation or
charter school is in a county that has a county school safety
commission, as described in IC 5-2-10.1-10.
Sec. 5. (a) A school corporation or charter school may annually
apply to the board for a matching grant from the fund for a
program described in section 2(a) of this chapter.
(b) The application must include the following:
(1) A concise description of the school corporation's or
charter school's security needs.
(2) The estimated cost of the program to the school
corporation or charter school.
(3) The extent to which the school corporation or charter
school has access to and support from a nearby law
enforcement agency, if applicable.
(4) The ADM of the school corporation or charter school (or
the combined ADM of the coalition of schools applying
jointly).
(5) Any other information required by the board.
(6) A statement whether the school corporation or charter
school has completed a local plan and has filed the plan with
the county school safety commission for the county in which
the school corporation or charter school is located.
Sec. 6. A school corporation or charter school that is awarded
a matching grant under this chapter is not required to repay or
reimburse the board or fund the amount of the matching grant.
Sec. 7. The department of homeland security shall report before
October 1 of each year to the budget committee concerning
matching grants awarded under this chapter during the previous
fiscal year.
SECTION 7. IC 20-26-18.2 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 18.2. School Resource Officers
Sec. 1. (a) As used in this chapter, "school resource officer"
means an individual who:
(1) has completed the training described in subsection (b); and
(2) is employed by or assigned to one (1) or more school
corporations or charter schools to:
(A) assist the school safety specialist with the development
and implementation of the school safety plan as provided
in section 2 of this chapter; and
(B) carry out any additional responsibilities assigned to the
school resource officer under the employment engagement,
contract, or memorandum of understanding and to:
(i) protect against outside threats to the physical safety
of students;
(ii) prevent unauthorized access to school property; and
(iii) secure schools against violence and natural disasters.
(b) Before being appointed as a school resource officer, an
individual must have:
(1) successfully completed the minimum training
requirements established for law enforcement officers under
IC 5-2-1-9; and
(2) received at least forty (40) hours of certified school
resource officer training through:
(A) the Indiana law enforcement training board
established by IC 5-2-1-3;
(B) the National Association of School Resource Officers;
(C) a certified school resource officer instructor; or
(D) another organization that offers certified instruction to
school resource officers.
(c) Certified training described in subsection (b)(2) must include
instruction regarding skills, tactics, and strategies necessary to
address the special nature of:
(1) school campuses; and
(2) school building security needs and characteristics.
Sec. 2. (a) A school resource officer may be employed:
(1) by one (1) or more school corporations or charter schools
through a contract between a local law enforcement agency
and the school corporation or school corporations or the
charter school or charter schools;
(2) by one (1) or more school corporations or charter schools;
(3) by a local law enforcement agency that assigns the school
resource officer to one (1) or more school corporations or
charter schools through a memorandum of understanding
between the local law enforcement agency and the school
corporation or school corporations or the charter school or
charter schools; or
(4) through a contract between an Indiana business that
employs persons who meet the qualifications of a school
resource officer and the school corporation or school
corporations or the charter school or charter schools.
(b) A contract or memorandum of understanding entered into
under subsection (a) must state the nature and scope of a school
resource officer's duties and responsibilities. A school resource
officer's duties and responsibilities include the duty to assist the
school corporation's school safety specialist with the development
and implementation of a school safety plan that does the following:
(1) Protects against outside threats to the physical safety of
students.
(2) Prevents unauthorized access to school property.
(3) Secures schools against violence and natural disasters.
(c) A school resource officer shall consult with local law
enforcement officials and first responders when assisting the school
corporation's school safety specialist in the development of the
school safety plan.
Sec. 3. (a) A school resource officer may:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property using
the reasonable suspicion standard;
(3) carry a firearm on or off school property; and
(4) exercise other police powers with respect to the
enforcement of Indiana laws.
(b) A school resource officer has jurisdiction in every county
where the school corporation or charter school engaging the officer
operates a school or where the school corporation or charter
school's students reside. This subsection does not restrict the
jurisdiction that a school resource officer may possess due to the
officer's employment by a law enforcement agency.
SECTION 8. IC 31-37-4-3, AS AMENDED BY P.L.126-2012,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) This section applies if a child is arrested or
taken into custody for allegedly committing an act that would be any of
the following crimes if committed by an adult:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1).
law enforcement officers training concerning the notification
requirements under subsection (b).
SECTION 9. IC 34-31-10.2 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 10.2. Indemnification: School Resource Officers
Sec. 1. The following definitions apply throughout this chapter:
(1) "Public school" means:
(A) a public school (as defined in IC 20-18-2-15); or
(B) a charter school.
(2) "School resource officer" has the meaning set forth in
IC 20-26-18.2-1.
Sec. 2. The state shall indemnify a public school against a loss
resulting from any injury to a person caused by a school resource
officer if the loss was the result of misfeasance, malfeasance, or
nonfeasance in connection with the use of the officer's weapon.
SECTION 10. IC 35-31.5-2-185, AS AMENDED BY HEA
1176-2013, SECTION 6, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013] Sec. 185. (a) "Law enforcement officer"
means:
(1) a police officer (including a correctional police officer),
sheriff, constable, marshal, prosecuting attorney, special
prosecuting attorney, special deputy prosecuting attorney, the
securities commissioner, or the inspector general;
(2) a deputy of any of those persons;
(3) an investigator for a prosecuting attorney or for the inspector
general;
(4) a conservation officer;
(5) an enforcement officer of the alcohol and tobacco
commission;
(6) an enforcement officer of the securities division of the office
of the secretary of state; or
(7) a gaming agent employed under IC 4-33-4.5 or a gaming
control officer employed by the gaming control division under
IC 4-33-20.
(b) "Law enforcement officer", for purposes of IC 35-42-2-1,
includes an alcoholic beverage enforcement officer, as set forth in
IC 35-42-2-1(b)(1).
(c) "Law enforcement officer", for purposes of IC 35-45-15,
includes a federal enforcement officer, as set forth in IC 35-45-15-3.
(d) "Law enforcement officer", for purposes of IC 35-44.1-3-1
and IC 35-44.1-3-2, includes a school resource officer (as defined
in IC 20-26-18.2-1) and a school corporation police officer
appointed under IC 20-26-16.
SECTION 11. IC 35-44.1-3-1, AS ADDED BY P.L.126-2012,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement
officer or a person assisting the officer while the officer is
lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court; or
(3) flees from a law enforcement officer after the officer has, by
visible or audible means, including operation of the law
enforcement officer's siren or emergency lights, identified himself
or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (b).
(b) The offense under subsection (a) is a:
(1) Class D felony if:
(A) the offense is described in subsection (a)(3) and the person
uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection (a),
the person draws or uses a deadly weapon, inflicts bodily
injury on or otherwise causes bodily injury to another person,
or operates a vehicle in a manner that creates a substantial risk
of bodily injury to another person;
(2) Class C felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes serious bodily injury to another person;
(3) Class B felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death of another person; and
(4) Class A felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death of a law enforcement officer while the law
enforcement officer is engaged in the officer's official duties.
(c) For purposes of this section, a law enforcement officer includes
an enforcement officer of the alcohol and tobacco commission and a
conservation officer of the department of natural resources.
(d) (c) If a person uses a vehicle to commit a felony offense under
subsection (b)(1)(B), (b)(2), (b)(3), or (b)(4), as part of the criminal
penalty imposed for the offense, the court shall impose a minimum
executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
(e) (d) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, the
mandatory minimum sentence imposed under subsection (d) (c) may
not be suspended.
(f) (e) If a person is convicted of an offense involving the use of a
motor vehicle under:
(1) subsection (b)(1)(A), if the person exceeded the speed limit by
at least twenty (20) miles per hour while committing the offense;
(2) subsection (b)(2); or
(3) subsection (b)(3);
the court may notify the bureau of motor vehicles to suspend or revoke
the person's driver's license and all certificates of registration and
license plates issued or registered in the person's name in accordance
with IC 9-30-4-6(b)(3) for the period described in IC 9-30-4-6(d)(4) or
IC 9-30-4-6(d)(5). The court shall inform the bureau whether the
person has been sentenced to a term of incarceration. At the time of
conviction, the court may obtain the person's current driver's license
and return the license to the bureau of motor vehicles.
(f) A person may not be charged or convicted of a crime under
subsection (a)(3) if the law enforcement officer is a school resource
officer acting in the officer's capacity as a school resource officer.
SECTION 12. IC 35-47-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. This chapter does not
apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who may legally possess a firearm and who has
been employed or authorized by:
(A) a school; or a school board (as defined by IC 20-26-9-4);
or
shall submit a final report to the following:
(1) The legislative council, in an electronic format under
IC 5-14-6.
(2) The governor.
(f) This SECTION expires December 31, 2013.
SECTION 15. An emergency is declared for this act.
Date: