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Bill > SB0034


IN SB0034

IN SB0034
Unlawful assembly.


summary

Introduced
01/04/2021
In Committee
01/04/2021
Crossed Over
Passed
Dead
11/15/2021

Introduced Session

2021 Regular Session

Bill Summary

Unlawful assembly. Provides that a person convicted of rioting is not eligible: (1) for employment by the state or a local unit of government; and (2) to receive certain state and local benefits. Removes immunity under the Indiana tort claims act for the failure to enforce a law if the failure to enforce the law: (1) occurs in connection with an unlawful assembly; and (2) constitutes gross negligence. 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; (2) obstruction of traffic; (3) criminal mischief; and (4) disorderly conduct. Adds a sentence enhancement to battery committed by a member of an unlawful assembly. Defines "defunding law enforcement" and allows a person to bring an action to enjoin a local unit from defunding law enforcement.

AI Summary

This bill makes several key changes: 1. It prohibits state agencies from hiring or employing individuals convicted of rioting after June 30, 2021, unless the conviction was reversed, vacated, set aside, or expunged. It also restricts state and local units from providing certain public benefits to individuals convicted of rioting after that date, with some exceptions. 2. It removes immunity under the Indiana Tort Claims Act for the failure to enforce a law if the failure occurs in connection with an unlawful assembly and constitutes gross negligence. 3. It allows for the civil forfeiture of property used to finance a crime committed by a person who is part of an unlawful assembly. 4. It creates a rebuttable presumption that money bail shall be required for a person arrested for an offense committed while the person was a member of an unlawful assembly, and allows the court to impose more stringent bail conditions. 5. It enhances the penalties for various crimes, including rioting, obstruction of traffic, criminal mischief, and disorderly conduct, if committed by a person who is part of an unlawful assembly. 6. It adds a sentence enhancement for battery committed by a member of an unlawful assembly. 7. It prohibits local units from "defunding" law enforcement agencies and allows individuals to seek an injunction against such actions.

Committee Categories

Justice

Sponsors (2)

Last Action

First reading: referred to Committee on Corrections and Criminal Law (on 01/04/2021)

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