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2021 IN H 1210
Author: Porter
Version: Introduced
Version Date: 01/08/2021

Introduced Version

HOUSE BILL No. 1210

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 5-2-24.

Synopsis: Statewide citizen review commission. Creates a statewide citizen review commission (commission) as an independent state agency that investigates and reviews the following: (1) All incidents involving a local law enforcement officer's use of force in attempting to apprehend or gain physical control of a person resulting in the person's death. (2) Citizen complaints involving local law enforcement officer misconduct that are unresolved by the officer's department. Provides that the commission: (1) consists of 15 citizen voting members appointed by the governor and five ex-officio nonvoting members; and (2) is chaired by the inspector general or the inspector general's designee.

Effective: July 1, 2021.

Porter

January 14, 2021, read first time and referred to Committee on Veterans Affairs and Public Safety.

Introduced

First Regular Session of the 122nd General Assembly (2021)

HOUSE BILL No. 1210

A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

Be it enacted by the General Assembly of the State of Indiana:

SECTION 1. IC 5-2-24 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2021]:

Chapter 24. Statewide Citizen Review Commission

Sec. 1. As used in this chapter, "commission" means the statewide citizen review commission established by section 7 of this chapter.

Sec. 2. As used in this chapter, "department" means the following:

(1) A city or town police department.

(2) A sheriff's department.

Sec. 3. As used in this chapter "incident" means an incident involving a law enforcement officer's use of force in attempting to apprehend or gain physical control of a person that results in the person's death.

Sec. 4. As used in this chapter, "misconduct" means conduct of a law enforcement officer in the performance of the officer's official duties, that consists of:

(1) use of excessive force;

(2) inappropriate language or attitude;

(3) harassment;

(4) discrimination in the provision of police services or other discriminatory conduct on the basis of race, color, creed, religion, ancestry, national origin, sex, disability, age, or sexual orientation;

(5) failure to provide adequate or timely police protection;

(6) retaliation; or

(7) a violation of the department's policy and procedure manual.

Sec. 5. As used in this chapter, "police executive" means the chief executive officer of a department.

Sec. 6. As used in this chapter, "unit" means a county, city, or town that has a department.

Sec. 7. (a) The statewide citizen review commission is established as an independent state agency.

(b) The office of the inspector general established by IC 4-2-7-2 shall provide rooms and administrative support and assistance to the commission.

Sec. 8. (a) The commission consists of the following:

(1) The following fifteen (15) voting members appointed by the governor:

(A) Thirteen (13) citizen members. Each of the members must reside within a different district of the state police department.

(B) Two (2) citizen members chosen at large.

(2) Five (5) nonvoting members consisting of:

(A) The governor's designee.

(B) The superintendent of the state police department or the superintendent's designee.

(C) The chief of capitol police or the chief's designee.

(D) The director of the department of natural resources or the director's designee.

(E) The chairman of the alcohol and tobacco commission or the chairman's designee.

(b) A voting member of the commission:

(1) may not:

(A) be an employee of a unit or the state;

(B) be an elected public office holder or a candidate for elected public office; or

(C) have a felony conviction; and

(2) must meet any other requirements established by the governor for membership on the commission.

Sec. 9. Eight (8) voting members of the commission constitutes a quorum. The affirmative vote of eight (8) voting members is required for the commission to take action, including adopting recommendations under section 15 of this chapter.

Sec. 10. The commission shall review the following:

(1) Any incident.

(2) Any citizen complaint regarding law enforcement officer misconduct that is filed with the unit. However, the commission may not review a citizen complaint:

(A) that is the subject of pending:

(i) criminal investigation or proceedings; or

(ii) litigation;

(B) that alleges misconduct on the part of the law enforcement officer:

(i) that occurred more than two hundred seventy (270) days before the date the complaint was filed with the unit or state department; or

(ii) that alleges a violation that is not within the commission's jurisdiction;

(C) made by a complainant who does not have personal knowledge of the misconduct that is alleged in the complaint;

(D) that was resolved to the satisfaction of:

(i) the complainant; or

(ii) the unit's citizen review board;

(E) that was withdrawn by the complainant; or

(F) the allegations of which the unit's citizen review board found to be false or unsubstantiated.

Sec. 11. (a) When a department and the unit's citizen review board completes its investigation of an incident or a citizen complaint that is not exempt under section 10(2) of this chapter, the department and board shall provide a written report to the commission containing:

(1) the findings of the investigation, summarizing and including copies of any evidence supporting the findings; and

(2) any disciplinary action taken by the department or any action taken to change department policies or regulations as a result of the incident or citizen complaint.

Sec. 12. The commission may order one (1) or both of the following:

(1) An investigation by the commission's own investigator into the incident or citizen complaint.

(2) An informal administrative hearing on the incident or citizen complaint.

Sec. 13. The commission may contract with:

(1) investigators; and

(2) legal counsel;

to aid in the investigation or review.

Sec. 14. (a) For purposes of conducting an investigation or an informal administrative hearing, the commission may subpoena witnesses and documents, except documents withheld from disclosure under IC 5-14-3. The commission's authority to issue subpoenas shall be enforceable by the county circuit or superior court.

(b) If the commission holds an informal administrative hearing, the commission shall give written notice to all parties and witnesses according to the rules and procedures adopted by the commission.

(c) The commission may require all testimony at the hearing to be given under oath.

Sec. 15. (a) The commission shall prepare a report of each review and may include recommendations regarding disciplinary action against the law enforcement officer or a change in policy or training.

(b) If the commission declines to review a citizen complaint, the commission shall notify the chief executive of the reasons for declining to review the complaint.

Sec. 16. Each voting member shall complete a training program determined by the governor, to assist the member in performing the member's duties. The program shall include instruction on use of force, constitutional law, stop search and arrest, and any other subject matter determined by the governor.

Sec. 17. (a) The inspector general or designee will chair the commission.

(b) The chair may establish subcommittees, rules, and procedures necessary to effectively implement its authority and responsibilities under this chapter. Subcommittees may include advisory nonmembers, if approved by the commission chair. All committees shall be chaired by a voting member of the commission.

Sec. 18. (a) A voting member shall serve the voting member's term and until a successor is appointed. Members may serve no more than two (2) terms. Initially, eight (8) voting members shall be appointed for a term of one (1) year, and seven (7) voting members shall be appointed for an initial term of two (2) years. Thereafter, all terms shall be four (4) years.

(b) A commission member may be removed by the governor for any reason.

(c) If a vacancy on the commission occurs, the governor shall appoint a successor to complete the member's unexpired term.

(d) A commission member is entitled to reimbursement for expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

Sec. 19. All departments and agencies shall cooperate and provide assistance, records, and information to the commission as needed to perform its functions.

Sec. 20. (a) A law enforcement officer who appears before the commission may be represented by an attorney.

(b) A law enforcement officer shall have access to the commission process to defend the law enforcement officer's actions during the investigation and any administrative hearing.

Sec. 21. Any disciplinary action taken by a department against a law enforcement officer because of the law enforcement officer's involvement in an incident or as a result of a citizen complaint shall be communicated to the commission.

Sec. 22. Upon the completion of its review, the commission may make any of the following findings:

(1) Sustain the findings of the department or board.

(2) Not sustain the findings of the department or board.

(3) Exonerate the law enforcement officer, if the law enforcement officer is found to have acted lawfully and in accordance with the department's policies and regulations.

(4) Unfounded, if in the case of a citizen complaint, the commission finds the facts or allegations are false or unsupported by evidence.

Sec. 23. (a) The commission shall notify the police executive of the department of the commission's findings.

(b) The commission's findings are not subject to judicial review.

Sec. 24. (a) A commission member may not participate in the review of an incident or citizen's complaint in which the commission member has a personal, professional, or financial conflict of interest.

(b) A vacancy on the commission shall be filled for unexpired terms by the original appointing authority.

Sec. 25. The commission shall establish rules and procedures for the conduct of business consistent with this chapter, including access controls for all information maintained by the commission.


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