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IN HB1350

IN HB1350
Exclusionary rule.


summary

Introduced
01/06/2026
In Committee
01/06/2026
Crossed Over
Passed
Dead
02/27/2026

Introduced Session

2026 Regular Session

Bill Summary

Exclusionary rule. Prohibits the exclusion of otherwise admissible evidence based on a violation of the Constitution of the State of Indiana, the Constitution of the United States, or the laws of the United States or Indiana unless certain conditions apply. Provides that an appeal from a court's order excluding evidence may be taken directly to the supreme court.

AI Summary

This bill, effective July 1, 2026, significantly alters the "exclusionary rule" in Indiana, which is a legal principle that prevents illegally obtained evidence from being used in court. Generally, the bill prohibits excluding evidence that would otherwise be admissible, even if it was obtained in violation of the U.S. or Indiana Constitutions or laws, unless specific conditions are met. These exceptions are narrow: evidence can only be excluded if it was obtained through deliberate, reckless, or grossly negligent conduct, or recurring systemic negligence, that violated the Fourth Amendment of the U.S. Constitution, and if excluding it is necessary to align with a clear U.S. Supreme Court ruling. The bill also clarifies that Indiana courts cannot enforce an exclusionary rule that goes beyond federal requirements. Furthermore, any court order that suppresses evidence can now be immediately appealed directly to the Indiana Supreme Court, which must expedite these appeals. Importantly, this bill does not prevent individuals from filing civil lawsuits against law enforcement for damages related to unlawful searches and seizures.

Committee Categories

Justice

Sponsors (1)

Last Action

First reading: referred to Committee on Courts and Criminal Code (on 01/06/2026)

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