Text of IN HB 1063 (2025)

Introduced Version HOUSE BILL No. 1063 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 4-6-2-13; IC 5-2; IC 5-14-3-5.1. Synopsis: Discriminatory profiling and pretextual stops. Honors the memory of Byron Ratcliffe Sr. by doing the following: (1) Prohibits discriminatory profiling and pretextual stops (discriminatory profiling and stops) by law enforcement based on perceived age, gender, race, or ethnicity. (2) Requires law enforcement agencies to: (A) adopt policies regarding discriminatory profiling and stops; (B) submit discriminatory profiling and stops data to the attorney general for inclusion in an annual report to the legislative council; and (C) establish standards for the use of vehicle and body cameras. (3) Establishes law enforcement officer training regarding discriminatory profiling and stops. (4) Establishes the discriminatory profiling review commission to review complaints. (5) Provides for a civil action based on discriminatory profiling and stops. Effective: July 1, 2025. Pryor January 8, 2025, read first time and referred to Committee on Veterans Affairs and Public Safety. 2025 IN 1063—LS 6367/DI 87 Introduced First Regular Session of the 124th General Assembly (2025) PRINTING CODE. 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 2024 Regular Session of the General Assembly. HOUSE BILL No. 1063 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: 1 SECTION 1. IC 4-6-2-13 IS ADDED TO THE INDIANA CODE 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 3 1, 2025]: Sec. 13. (a) The definitions set forth in IC 5-2-26 apply 4 throughout this section. 5 (b) Before November 1, 2026, and every year thereafter, the 6 attorney general shall submit a report to the legislative council 7 concerning discriminatory profiling and pretextual stops. The 8 report must be based on information received from law 9 enforcement agencies under IC 5-2-26-12 and must include the 10 following information: 11 (1) The number of complaints filed alleging discriminatory 12 profiling and pretextual stops. 13 (2) The results of each investigation into any complaint 14 described under subdivision (1). 15 (3) If a complaint described under subdivision (1) is 16 substantiated, the action taken against the law enforcement 17 officer. 2025 IN 1063—LS 6367/DI 87 2 1 (4) A summary of the detailed statistical analysis of traffic 2 stops and pedestrian stops conducted by law enforcement 3 agencies based on the third party analysis described in 4 subsection (d). 5 (5) Any statistical or other information received from law 6 enforcement agencies that the attorney general believes would 7 be useful to the legislative council. 8 The report submitted to the legislative council must be in an 9 electronic format under IC 5-14-6. Not later than thirty (30) days 10 after submitting the report to the legislative council, the attorney 11 general shall publish a copy of the report on the attorney general's 12 website. 13 (c) The attorney general and the director of the civil rights 14 commission may recommend legislation based on the contents of 15 the report. 16 (d) At least quarterly, the attorney general shall provide 17 compiled, anonymous data concerning law enforcement agency 18 stops to a third party for statistical analysis of the data. The 19 attorney general shall publish the results of the analysis on the 20 attorney general's website, updating the website at least quarterly. 21 Data transmitted to the legislative council or the third party 22 analyst or published on the attorney general's website may not 23 include any personal identifying information. 24 (e) Information received by the attorney general from a law 25 enforcement agency under IC 5-2-26-12 that is: 26 (1) not published in a compiled and redacted form; and 27 (2) not released to the public: 28 (A) in the report to the legislative council; or 29 (B) on the website of the attorney general or the law 30 enforcement agency under IC 5-2-26-12; 31 is confidential and may not be disclosed under IC 5-14-3. 32 SECTION 2. IC 5-2-1-9, AS AMENDED BY P.L.170-2023, 33 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 34 JULY 1, 2025]: Sec. 9. (a) The board shall adopt in accordance with 35 IC 4-22-2 all necessary rules to carry out the provisions of this chapter. 36 The rules, which shall be adopted only after necessary and proper 37 investigation and inquiry by the board, shall include the establishment 38 of the following: 39 (1) A consistent and uniform statewide deadly force policy and 40 training program, that is consistent with state and federal law. 41 Upon adoption by the law enforcement training board, the policy 42 and training program must be implemented, without modification, 2025 IN 1063—LS 6367/DI 87 3 1 by all Indiana law enforcement agencies, offices, or departments. 2 (2) A consistent and uniform statewide defensive tactics policy 3 and training program, that is consistent with state and federal law. 4 Upon adoption by the law enforcement training board, the policy 5 and training program must be implemented, without modification, 6 by all Indiana law enforcement agencies, offices, or departments. 7 (3) A uniform statewide minimum standard for vehicle pursuits 8 consistent with state and federal law. 9 (4) Minimum standards of physical, educational, mental, and 10 moral fitness which shall govern the acceptance of any person for 11 training by any law enforcement training school or academy 12 meeting or exceeding the minimum standards established 13 pursuant to this chapter. 14 (5) Minimum standards for law enforcement training schools 15 administered by towns, cities, counties, law enforcement training 16 centers, agencies, or departments of the state. 17 (6) Minimum standards for courses of study, attendance 18 requirements, equipment, and facilities for approved town, city, 19 county, and state law enforcement officer, police reserve officer, 20 and conservation reserve officer training schools. 21 (7) Minimum standards for a course of study on cultural diversity 22 awareness, including training on the U nonimmigrant visa created 23 through the federal Victims of Trafficking and Violence 24 Protection Act of 2000 (P.L. 106-386) that must be required for 25 each person accepted for training at a law enforcement training 26 school or academy. The cultural diversity awareness course of 27 study must include: 28 (A) an understanding of cultural issues related to race, 29 religion, gender, age, domestic violence, national origin, and 30 physical and mental disabilities; and 31 (B) a study of discriminatory profiling (as defined in 32 IC 5-2-26-2) and pretextual stops (as defined in 33 IC 5-2-26-6) that includes examining patterns, practices, 34 and protocols comprising discriminatory profiling and 35 pretextual stops. 36 In establishing a program of study, the board shall consult 37 with persons having expertise and interest in the field of 38 cultural diversity awareness and the prevention of 39 discriminatory profiling and pretextual stops. 40 (8) Minimum qualifications for instructors at approved law 41 enforcement training schools. 42 (9) Minimum basic training requirements which law enforcement 2025 IN 1063—LS 6367/DI 87 4 1 officers appointed to probationary terms shall complete before 2 being eligible for continued or permanent employment. 3 (10) Minimum basic training requirements which law 4 enforcement officers appointed on other than a permanent basis 5 shall complete in order to be eligible for continued employment 6 or permanent appointment. 7 (11) Minimum basic training requirements which law 8 enforcement officers appointed on a permanent basis shall 9 complete in order to be eligible for continued employment. 10 (12) Minimum basic training requirements for each person 11 accepted for training at a law enforcement training school or 12 academy that include six (6) hours of training in interacting with: 13 (A) persons with autism, mental illness, addictive disorders, 14 intellectual disabilities, and developmental disabilities; 15 (B) missing endangered adults (as defined in IC 12-7-2-131.3); 16 and 17 (C) persons with Alzheimer's disease or related senile 18 dementia; 19 to be provided by persons approved by the secretary of family and 20 social services and the board. The training must include an 21 overview of the crisis intervention teams. 22 (13) Minimum standards for a course of study on human and 23 sexual trafficking that must be required for each person accepted 24 for training at a law enforcement training school or academy and 25 for inservice training programs for law enforcement officers. The 26 course must cover the following topics: 27 (A) Examination of the human and sexual trafficking laws (IC 28 35-42-3.5). 29 (B) Identification of human and sexual trafficking. 30 (C) Communicating with traumatized persons. 31 (D) Therapeutically appropriate investigative techniques. 32 (E) Collaboration with federal law enforcement officials. 33 (F) Rights of and protections afforded to victims. 34 (G) Providing documentation that satisfies the Declaration of 35 Law Enforcement Officer for Victim of Trafficking in Persons 36 (Form I-914, Supplement B) requirements established under 37 federal law. 38 (H) The availability of community resources to assist human 39 and sexual trafficking victims. 40 (14) Minimum standards for ongoing specialized, intensive, and 41 integrative training for persons responsible for investigating 42 sexual assault cases involving adult victims. This training must 2025 IN 1063—LS 6367/DI 87 5 1 include instruction on: 2 (A) the neurobiology of trauma; 3 (B) trauma informed interviewing; and 4 (C) investigative techniques. 5 (15) Minimum standards for de-escalation training. De-escalation 6 training shall be taught as a part of existing use-of-force training 7 and not as a separate topic. 8 (16) Minimum standards regarding best practices for crowd 9 control, protests, and First Amendment activities. 10 (17) Minimum standards for basic training and inservice training 11 programs, which may be completed online or by other means of 12 virtual instruction, that occur after December 31, 2024, and that 13 address the mental health and wellness of law enforcement 14 officers including: 15 (A) healthy coping skills to preserve the mental health of law 16 enforcement officers and manage the stress and trauma of 17 policing; 18 (B) recognizing: 19 (i) symptoms of posttraumatic stress disorder; and 20 (ii) signs of suicidal behavior; and 21 (C) information on mental health resources available for law 22 enforcement officers. 23 All statewide policies and minimum standards shall be documented in 24 writing and published on the Indiana law enforcement academy (ILEA) 25 website. Any policy, standard, or training program implemented, 26 adopted, or promulgated by a vote of the board may only subsequently 27 be modified or rescinded by a two-thirds (2/3) majority vote of the 28 board. 29 (b) A law enforcement officer appointed after July 5, 1972, and 30 before July 1, 1993, may not enforce the laws or ordinances of the state 31 or any political subdivision unless the officer has, within one (1) year 32 from the date of appointment, successfully completed the minimum 33 basic training requirements established under this chapter by the board. 34 If a person fails to successfully complete the basic training 35 requirements within one (1) year from the date of employment, the 36 officer may not perform any of the duties of a law enforcement officer 37 involving control or direction of members of the public or exercising 38 the power of arrest until the officer has successfully completed the 39 training requirements. This subsection does not apply to any law 40 enforcement officer appointed before July 6, 1972, or after June 30, 41 1993. 42 (c) Military leave or other authorized leave of absence from law 2025 IN 1063—LS 6367/DI 87 6 1 enforcement duty during the first year of employment after July 6, 2 1972, shall toll the running of the first year, which shall be calculated 3 by the aggregate of the time before and after the leave, for the purposes 4 of this chapter. 5 (d) Except as provided in subsections (e), (m), (t), and (u), a law 6 enforcement officer appointed to a law enforcement department or 7 agency after June 30, 1993, may not: 8 (1) make an arrest; 9 (2) conduct a search or a seizure of a person or property; or 10 (3) carry a firearm; 11 unless the law enforcement officer successfully completes, at a board 12 certified law enforcement academy or at a law enforcement training 13 center under section 10.5 or 15.2 of this chapter, the basic training 14 requirements established by the board under this chapter. 15 (e) This subsection does not apply to: 16 (1) a gaming agent employed as a law enforcement officer by the 17 Indiana gaming commission; or 18 (2) an: 19 (A) attorney; or 20 (B) investigator; 21 designated by the securities commissioner as a police officer of 22 the state under IC 23-19-6-1(k). 23 Before a law enforcement officer appointed after June 30, 1993, 24 completes the basic training requirements, the law enforcement officer 25 may exercise the police powers described in subsection (d) if the 26 officer successfully completes the pre-basic course established in 27 subsection (f). Successful completion of the pre-basic course authorizes 28 a law enforcement officer to exercise the police powers described in 29 subsection (d) for one (1) year after the date the law enforcement 30 officer is appointed. 31 (f) The board shall adopt rules under IC 4-22-2 to establish a 32 pre-basic course for the purpose of training: 33 (1) law enforcement officers; 34 (2) police reserve officers (as described in IC 36-8-3-20); and 35 (3) conservation reserve officers (as described in IC 14-9-8-27); 36 regarding the subjects of arrest, search and seizure, the lawful use of 37 force, de-escalation training, interacting with individuals with autism, 38 and the operation of an emergency vehicle. The pre-basic course must 39 be offered on a periodic basis throughout the year at regional sites 40 statewide. The pre-basic course must consist of at least forty (40) hours 41 of course work. The board may prepare the classroom part of the 42 pre-basic course using available technology in conjunction with live 2025 IN 1063—LS 6367/DI 87 7 1 instruction. The board shall provide the course material, the instructors, 2 and the facilities at the regional sites throughout the state that are used 3 for the pre-basic course. In addition, the board may certify pre-basic 4 courses that may be conducted by other public or private training 5 entities, including postsecondary educational institutions. 6 (g) Subject to subsection (h), the board shall adopt rules under 7 IC 4-22-2 to establish a mandatory inservice training program for 8 police officers and police reserve officers (as described in 9 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has 10 satisfactorily completed basic training and has been appointed to a law 11 enforcement department or agency on either a full-time or part-time 12 basis is not eligible for continued employment unless the officer 13 satisfactorily completes the mandatory inservice training requirements 14 established by rules adopted by the board. Inservice training must 15 include: 16 (1) de-escalation training; Inservice training must also include: 17 (1) (2) training: 18 (A) in interacting with persons with mental illness, addictive 19 disorders, intellectual disabilities, autism, developmental 20 disabilities, and Alzheimer's disease or related senile 21 dementia; and 22 (B) provided by persons approved by the secretary of family 23 and social services and the board; 24 (2) (3) after December 31, 2024, annual training, which may be 25 completed online or by other means of virtual instruction, that 26 addresses the mental health and wellness of law enforcement 27 officers including: 28 (A) healthy coping skills to preserve the mental health of law 29 enforcement officers and manage the stress and trauma of 30 policing; 31 (B) recognizing: 32 (i) symptoms of posttraumatic stress disorder; and 33 (ii) signs of suicidal behavior; and 34 (C) information on mental health resources available for law 35 enforcement officers; and 36 (3) (4) training concerning: 37 (A) human and sexual trafficking; and 38 (B) cultural diversity; 39 (C) discriminatory profiling (as defined in IC 5-2-25-2) and 40 pretextual stops (as defined in IC 5-2-25-6); and 41 (B) (D) high risk missing persons (as defined in IC 5-2-17-1). 42 The board may approve courses offered by other public or private 2025 IN 1063—LS 6367/DI 87 8 1 training entities, including postsecondary educational institutions, as 2 necessary in order to ensure the availability of an adequate number of 3 inservice training programs. The board may waive an officer's inservice 4 training requirements if the board determines that the officer's reason 5 for lacking the required amount of inservice training hours is due to 6 either an emergency situation or the unavailability of courses. 7 (h) This subsection applies only to a mandatory inservice training 8 program under subsection (g). Notwithstanding subsection (g), the 9 board may, without adopting rules under IC 4-22-2, modify the course 10 work of a training subject matter, modify the number of hours of 11 training required within a particular subject matter, or add a new 12 subject matter, if the board satisfies the following requirements: 13 (1) The board must conduct at least two (2) public meetings on 14 the proposed modification or addition. 15 (2) After approving the modification or addition at a public 16 meeting, the board must post notice of the modification or 17 addition on the Indiana law enforcement academy's website at 18 least thirty (30) days before the modification or addition takes 19 effect. 20 If the board does not satisfy the requirements of this subsection, the 21 modification or addition is void. This subsection does not authorize the 22 board to eliminate any inservice training subject matter required under 23 subsection (g). 24 (i) The board shall also adopt rules establishing a town marshal and 25 conservancy district marshal basic training program, subject to the 26 following: 27 (1) The program must require fewer hours of instruction and class 28 attendance and fewer courses of study than are required for the 29 mandated basic training program. 30 (2) Certain parts of the course materials may be studied by a 31 candidate at the candidate's home in order to fulfill requirements 32 of the program. 33 (3) Law enforcement officers successfully completing the 34 requirements of the program are eligible for appointment only in 35 towns employing the town marshal system (IC 36-5-7) or a 36 conservancy district that employs a conservancy district marshal 37 under IC 14-33-25 and having not more than one (1) marshal and 38 six (6) deputies. 39 (4) The limitation imposed by subdivision (3) does not apply to an 40 officer who has successfully completed the mandated basic 41 training program. 42 (5) The time limitations imposed by subsections (b) and (c) for 2025 IN 1063—LS 6367/DI 87 9 1 completing the training are also applicable to the marshal basic 2 training program. 3 (6) The program must require training in interacting with 4 individuals with autism. 5 (j) The board shall adopt rules under IC 4-22-2 to establish an 6 executive training program. The executive training program must 7 include training in the following areas: 8 (1) Liability. 9 (2) Media relations. 10 (3) Accounting and administration. 11 (4) Discipline. 12 (5) Department policy making. 13 (6) Lawful use of force and de-escalation training. 14 (7) Department programs. 15 (8) Emergency vehicle operation. 16 (9) Cultural diversity. 17 (10) After December 31, 2024, Mental health and wellness and 18 suicide prevention of law enforcement officers. The training 19 requirement under this subdivision may be provided as part of an 20 online course or by other means of virtual instruction. 21 (k) A police chief shall apply for admission to the executive training 22 program within two (2) months of the date the police chief initially 23 takes office. A police chief must successfully complete the executive 24 training program within six (6) months of the date the police chief 25 initially takes office. However, if space in the executive training 26 program is not available at a time that will allow completion of the 27 executive training program within six (6) months of the date the police 28 chief initially takes office, the police chief must successfully complete 29 the next available executive training program that is offered after the 30 police chief initially takes office. 31 (l) A police chief who fails to comply with subsection (k) may not 32 continue to serve as the police chief until completion of the executive 33 training program. For the purposes of this subsection and subsection 34 (k), "police chief" refers to: 35 (1) the police chief of any city; 36 (2) the police chief of any town having a metropolitan police 37 department; and 38 (3) the chief of a consolidated law enforcement department 39 established under IC 36-3-1-5.1. 40 A town marshal or a conservancy district marshal is not considered to 41 be a police chief for these purposes, but a town marshal or a 42 conservancy district marshal may enroll in the executive training 2025 IN 1063—LS 6367/DI 87 10 1 program. 2 (m) A fire investigator in the department of homeland security 3 appointed after December 31, 1993, is required to comply with the 4 basic training standards established under this chapter. 5 (n) The board shall adopt rules under IC 4-22-2 to establish a 6 program to certify handgun safety courses, including courses offered 7 in the private sector, that meet standards approved by the board for 8 training probation officers in handgun safety as required by 9 IC 11-13-1-3.5(2). 10 (o) The board shall adopt rules under IC 4-22-2 to establish a 11 refresher course for an officer who: 12 (1) is hired by an Indiana law enforcement department or agency 13 as a law enforcement officer; 14 (2) has not been employed as a law enforcement officer for: 15 (A) at least two (2) years; and 16 (B) less than six (6) years before the officer is hired under 17 subdivision (1); and 18 (3) completed at any time a basic training course certified or 19 recognized by the board before the officer is hired under 20 subdivision (1). 21 (p) An officer to whom subsection (o) applies must successfully 22 complete the refresher course described in subsection (o) not later than 23 six (6) months after the officer's date of hire, or the officer loses the 24 officer's powers of: 25 (1) arrest; 26 (2) search; and 27 (3) seizure. 28 (q) The board shall adopt rules under IC 4-22-2 to establish a 29 refresher course for an officer who: 30 (1) is appointed by an Indiana law enforcement department or 31 agency as a reserve police officer; and 32 (2) has not worked as a reserve police officer for at least two (2) 33 years after: 34 (A) completing the pre-basic course; or 35 (B) leaving the individual's last appointment as a reserve 36 police officer. 37 An officer to whom this subsection applies must successfully complete 38 the refresher course established by the board in order to work as a 39 reserve police officer. 40 (r) This subsection applies to an individual who, at the time the 41 individual completes a board certified or recognized basic training 42 course, has not been appointed as a law enforcement officer by an 2025 IN 1063—LS 6367/DI 87 11 1 Indiana law enforcement department or agency. If the individual is not 2 employed as a law enforcement officer for at least two (2) years after 3 completing the basic training course, the individual must successfully 4 retake and complete the basic training course as set forth in subsection 5 (d). 6 (s) The board shall adopt rules under IC 4-22-2 to establish a 7 refresher course for an individual who: 8 (1) is appointed as a board certified instructor of law enforcement 9 training; and 10 (2) has not provided law enforcement training instruction for 11 more than one (1) year after the date the individual's instructor 12 certification expired. 13 An individual to whom this subsection applies must successfully 14 complete the refresher course established by the board in order to 15 renew the individual's instructor certification. 16 (t) This subsection applies only to a gaming agent employed as a 17 law enforcement officer by the Indiana gaming commission. A gaming 18 agent appointed after June 30, 2005, may exercise the police powers 19 described in subsection (d) if: 20 (1) the agent successfully completes the pre-basic course 21 established in subsection (f); and 22 (2) the agent successfully completes any other training courses 23 established by the Indiana gaming commission in conjunction 24 with the board. 25 (u) This subsection applies only to a securities enforcement officer 26 designated as a law enforcement officer by the securities 27 commissioner. A securities enforcement officer may exercise the police 28 powers described in subsection (d) if: 29 (1) the securities enforcement officer successfully completes the 30 pre-basic course established in subsection (f); and 31 (2) the securities enforcement officer successfully completes any 32 other training courses established by the securities commissioner 33 in conjunction with the board. 34 (v) This subsection applies only to a correctional police officer 35 employed by the department of correction. A correctional police officer 36 may exercise the police powers described in subsection (d) if: 37 (1) the officer successfully completes the pre-basic course 38 described in subsection (f); and 39 (2) the officer successfully completes any other training courses 40 established by the department of correction in conjunction with 41 the board. 42 (w) This subsection applies only to the sexual assault training 2025 IN 1063—LS 6367/DI 87 12 1 described in subsection (a)(14). The board shall: 2 (1) consult with experts on the neurobiology of trauma, trauma 3 informed interviewing, and investigative techniques in developing 4 the sexual assault training; and 5 (2) develop the sexual assault training and begin offering the 6 training not later than July 1, 2022. 7 (x) After July 1, 2023, a law enforcement officer who regularly 8 investigates sexual assaults involving adult victims must complete the 9 training requirements described in subsection (a)(14) within one (1) 10 year of being assigned to regularly investigate sexual assaults involving 11 adult victims. 12 (y) A law enforcement officer who regularly investigates sexual 13 assaults involving adult victims may complete the training 14 requirements described in subsection (a)(14) by attending a: 15 (1) statewide or national training; or 16 (2) department hosted local training. 17 (z) Notwithstanding any other provisions of this section, the board 18 is authorized to establish certain required standards of training and 19 procedure. 20 SECTION 3. IC 5-2-26 IS ADDED TO THE INDIANA CODE AS 21 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 22 1, 2025]: 23 Chapter 26. Discriminatory Profiling and Pretextual Stops 24 Sec. 1. As used in this chapter, "commission" refers to the 25 discriminatory profiling review commission established by section 26 13 of this chapter. 27 Sec. 2. As used in this chapter, "discriminatory profiling" 28 means: 29 (1) the detention; 30 (2) the official restraint; or 31 (3) other disparate treatment; 32 of an individual on the basis of perceived age, gender, race, or 33 ethnicity. The term does not include a specific suspect based 34 description notification. 35 Sec. 3. As used in this chapter, "law enforcement agency" means 36 the following: 37 (1) A city or town police department. 38 (2) A town marshal system. 39 (3) A sheriff's department. 40 (4) The state police department. 41 (5) The law enforcement division of the department of natural 42 resources. 2025 IN 1063—LS 6367/DI 87 13 1 (6) The excise police division of the alcohol and tobacco 2 commission. 3 (7) A state educational institution police department. (8) A school resource officer. 4 5 (9) A school corporation police officer. 6 (10) The gaming control division of the Indiana gaming 7 commission. 8 (11) A police department of a public or private postsecondary 9 educational institution whose board of trustees has established 10 a police department under IC 21-17-5-2 or IC 21-39-4-2. 11 (12) A hospital police department. 12 Sec. 4. As used in this chapter, "law enforcement officer" means 13 an officer of a law enforcement agency, including a police reserve 14 officer under IC 36-8-3-20 or a special deputy under 15 IC 36-8-10-10.6 who is employed by a governmental entity (as 16 defined in IC 35-31.5-2-144). 17 Sec. 5. As used in this chapter, "personal identifying 18 information" means any information that describes, locates, or 19 indexes information about an individual or that affords a basis for 20 inferring personal characteristics about an individual, including: 21 (1) name; 22 (2) address; 23 (3) date of birth; 24 (4) place of employment; 25 (5) telephone number; 26 (6) education; 27 (7) medical history; 28 (8) criminal or employment history; and 29 (9) membership in an organization. 30 Sec. 6. As used in this chapter, "pretextual stop" means the 31 detention of an individual by a law enforcement officer: 32 (1) through a traffic stop or pedestrian stop for the violation 33 of a statute or ordinance; and 34 (2) to allow a law enforcement agency or law enforcement 35 officer to investigate a separate and unrelated suspected 36 criminal offense. 37 Sec. 7. As used in this chapter, "specific suspect based 38 description notification" means a reasonably detailed physical 39 description of the personal identifying characteristics of a potential 40 suspect (including age, gender, race, or ethnicity) by a law 41 enforcement agency or law enforcement officer. 42 Sec. 8. (a) A law enforcement agency or law enforcement officer 2025 IN 1063—LS 6367/DI 87 14 1 may not: 2 (1) engage in discriminatory profiling; or 3 (2) conduct a pretextual stop. (b) The age, gender, race, or ethnicity 4 of an individual may not 5 be the sole factor in: 6 (1) determining the existence of probable cause to take into 7 custody or to arrest an individual; or 8 (2) constituting a particularized suspicion that an offense has 9 been or is being committed in order to justify: 10 (A) the detention of an individual; or 11 (B) the investigatory stop of a motor vehicle. 12 Sec. 9. Not later than October 1, 2025, the state police 13 department shall adopt a policy regarding discriminatory profiling 14 and pretextual stops that is consistent with this chapter, to serve as 15 a model policy for law enforcement agencies. The policy shall 16 include the following: 17 (1) Definitions of the elements of discriminatory profiling and 18 pretextual stops. 19 (2) Traffic stop procedures. 20 (3) Procedures for the handling of complaints from the public 21 regarding discriminatory profiling and pretextual stops. 22 Sec. 10. (a) Not later than January 1, 2026, a law enforcement 23 agency shall adopt a detailed written policy prohibiting 24 discriminatory profiling and pretextual stops that: 25 (1) is consistent with this chapter; and 26 (2) takes into consideration the model policy adopted by the 27 state police department under section 9 of this chapter. 28 (b) The law enforcement agency's policy must: 29 (1) specifically address the subjects listed in section 9 of this 30 chapter; and 31 (2) require a law enforcement officer to notify an individual 32 who is the subject of a traffic stop or pedestrian stop that they 33 may file a complaint with the commission alleging that the 34 stop constitutes discriminatory profiling or a pretextual stop. 35 A law enforcement agency shall make the policy available for 36 public inspection during normal business hours. 37 (c) If an investigation of a complaint of discriminatory profiling 38 reveals that a law enforcement officer was in direct violation of the 39 law enforcement agency's policy, the law enforcement agency shall 40 take appropriate action against the officer consistent with the 41 applicable rules, ordinances, and policies governing the agency. 42 Sec. 11. (a) A person or organization that believes that 2025 IN 1063—LS 6367/DI 87 15 1 discriminatory profiling or a pretextual stop has occurred may 2 bring an action against the: 3 (1) law enforcement officer; 4 (2) law enforcement agency; or 5 (3) state, political subdivision, state educational institution, 6 school corporation, hospital, or public or private 7 postsecondary educational institution that controls the law 8 enforcement agency. 9 (b) Making or filing a complaint with the law enforcement 10 agency or the commission is not a prerequisite for bringing an 11 action under this section. 12 (c) The court may award a prevailing plaintiff under this 13 section: 14 (1) actual damages; 15 (2) punitive damages; 16 (3) declaratory relief; and 17 (4) injunctive relief. 18 In addition, a prevailing plaintiff is entitled to reasonable 19 attorney's fees, court costs, and expert witness fees. 20 Sec. 12. (a) A law enforcement agency shall provide to the 21 attorney general: 22 (1) a copy of each complaint filed with the law enforcement 23 agency alleging discriminatory profiling or a pretextual stop; 24 (2) the results of the investigation into each complaint; and 25 (3) if the complaint is substantiated, the action taken against 26 the law enforcement officer. 27 (b) A law enforcement agency shall also provide to the attorney 28 general the following information: 29 (1) The number of traffic stops and pedestrian stops 30 conducted by the law enforcement agency. 31 (2) The identifying characteristics of each individual stopped, 32 including the individual's perceived age, gender, race, and 33 ethnicity. 34 (3) The location and duration of each traffic stop and 35 pedestrian stop. 36 (4) The traffic violation alleged to have been committed that 37 led to each traffic stop. 38 (5) Whether a warning or citation was issued as a result of a 39 traffic stop or pedestrian stop and, if so, the specific violation 40 charged or warning given. 41 (6) Whether a search was performed as a result of a traffic 42 stop or pedestrian stop. 2025 IN 1063—LS 6367/DI 87 16 1 (7) If a search was performed as a result of a stop: 2 (A) whether the person consented to the search; 3 (B) the probable cause or reasonable suspicion justifying 4 the search, if applicable; 5 (C) whether the search was of the individual or the 6 individual's property, or both; and 7 (D) the duration of the search. 8 (8) If a search was of a passenger in a motor vehicle, the 9 perceived age, gender, race, and ethnicity of the passenger. 10 (9) Whether any contraband was discovered or seized in the 11 course of a search, including money, and the type of any 12 contraband discovered or seized. 13 (10) Whether any physical force was used by or against the 14 law enforcement officer and the amount of force used. 15 (11) Whether a search involved canine units or advanced 16 technology. 17 (12) Any additional information required by the attorney 18 general. 19 (13) Any additional information the law enforcement agency 20 considers appropriate to include. 21 (c) Information provided by a law enforcement agency to the 22 attorney general under this section must be submitted on a 23 monthly basis. 24 (d) After removing all personal identifying information 25 contained in the data, a law enforcement agency shall compile and 26 conspicuously publish the data collected under this section on the 27 law enforcement agency's website. The data published on the law 28 enforcement agency's website must be updated at least once every 29 thirty (30) days. 30 (e) The attorney general shall prepare a report in accordance 31 with IC 4-6-2-13 based on information received under this section. 32 The information collected by a law enforcement agency that is not 33 published in a compiled and redacted form on the law enforcement 34 agency's website is confidential for purposes of IC 5-14-3. 35 Sec. 13. (a) The discriminatory profiling review commission is 36 established as a permanent commission. 37 (b) The commission shall hear and examine allegations of 38 discriminatory profiling and pretextual stops. 39 (c) The commission shall, with the assistance of the criminal 40 justice institute, create and publicize forms for filing a complaint 41 concerning discriminatory profiling and pretextual stops. 42 Sec. 14. The commission consists of the following thirteen (13) 2025 IN 1063—LS 6367/DI 87 17 1 members: 2 (1) The director of the civil rights commission, or a member 3 of the civil rights commission designated by the director. The 4 director or the director's designee serves as chairperson of the 5 commission. 6 (2) The executive director of the Indiana criminal justice 7 institute. 8 (3) The superintendent of the state police department or the 9 superintendent's designee. 10 (4) One (1) member appointed by the governor. 11 (5) One (1) member of a group that supports individuals of 12 color, individuals of all races, and individuals with different 13 ethnicities, appointed by the governor. 14 (6) One (1) member of a group that supports lesbian, gay, 15 bisexual, and transgender individuals, appointed by the 16 governor. 17 (7) One (1) member of a group that supports homeless 18 individuals, appointed by the governor. 19 (8) One (1) member of a group that supports individuals with 20 a disability, appointed by the governor. 21 (9) One (1) member of a group that supports undocumented 22 individuals, appointed by the governor. 23 (10) One (1) member of the Indiana State Bar Association, 24 appointed by the governor from a list of at least three (3) 25 members provided to the governor by the president of the 26 Indiana State Bar Association. 27 (11) One (1) member of a group that supports women, 28 appointed by the governor. 29 (12) One (1) member representing law enforcement, 30 appointed by the governor from a list of: 31 (A) two (2) individuals submitted by the Indiana State 32 Fraternal Order of Police; and 33 (B) two (2) individuals submitted by the Indiana Black 34 Troopers Association. 35 (13) One (1) member of a group that supports interfaith 36 dialogue and understanding among Christian and 37 non-Christian religious organizations, appointed by the 38 governor from a list submitted by one (1) or more groups 39 supporting interfaith dialogue and understanding. 40 Sec. 15. (a) Except as provided in subsections (b) and (c), a 41 commission member serves a four (4) year term. 42 (b) A member ceases to be a member of the commission if the 2025 IN 1063—LS 6367/DI 87 18 1 member no longer holds: 2 (1) the position (in the case of a member described under 3 section 14(1) through 14(3) of this chapter); or 4 (2) membership in the group that qualified the member for 5 appointment on the commission. 6 (c) The governor may remove a commission member appointed 7 under section 14(4) through 14(13) of this chapter. The governor 8 may remove the member only for cause. 9 Sec. 16. (a) The civil rights commission shall provide a hearing 10 room, staff, and administrative support to the commission. All 11 investigations of complaints shall be conducted by staff members 12 of the civil rights commission. 13 (b) Each member of the commission who is not a state employee 14 is entitled to the minimum salary per diem provided by 15 IC 4-10-11-2.1(b). The member is also entitled to reimbursement 16 for traveling expenses as provided under IC 4-13-1-4 and other 17 expenses actually incurred in connection with the member's duties 18 as provided in the state policies and procedures established by the 19 Indiana department of administration and approved by the budget 20 agency. 21 Sec. 17. (a) The affirmative votes of a majority of the members 22 appointed to the commission are required for the commission to 23 take action on any measure. 24 (b) The commission shall hold one (1) regular meeting each 25 month and may hold additional meetings at the call of the 26 chairperson. 27 Sec. 18. The commission shall receive and investigate complaints 28 alleging discriminatory profiling and pretextual stops. The 29 commission may not hold a hearing in the absence of a complaint. 30 Sec. 19. (a) The commission may: 31 (1) subpoena witnesses; 32 (2) compel the attendance of witnesses; 33 (3) administer oaths; 34 (4) take the testimony of any person under oath; and 35 (5) require the production for examination of any books and 36 papers relating to any matter under investigation or in 37 question before the commission. 38 (b) A person's refusal to obey a subpoena issued by the 39 commission constitutes contempt. All hearings shall be held within 40 Indiana at a location determined by the commission. A citation of 41 contempt may be issued upon application by the commission to the 42 circuit or superior court in the county in which the hearing is held 2025 IN 1063—LS 6367/DI 87 19 1 or in which the witness resides or transacts business. 2 Sec. 20. Adjudicative proceedings before the commission shall 3 be conducted in accordance with IC 4-21.5. Judicial review of a 4 commission determination is available under IC 4-21.5-5. 5 Sec. 21. (a) The commission shall state its findings of fact after 6 a hearing and notify both the complainant and the respondent of 7 the commission's decision in writing. If the commission finds that 8 a law enforcement agency or law enforcement officer has 9 committed discriminatory profiling or performed a pretextual 10 stop, the commission shall order the respondent to cease and desist 11 from the practice. 12 (b) The commission may require the respondent to take other 13 affirmative action, including: 14 (1) reimbursing losses incurred as a result of the 15 discriminatory profiling or pretextual stop; 16 (2) requiring the posting of a notice setting forth the 17 prohibition of discriminatory profiling and pretextual stops; 18 and 19 (3) requiring proof of compliance to be filed by the respondent 20 at periodic intervals. 21 A determination by the commission is a final agency action. 22 Sec. 22. An individual who is the subject of and depicted in a law 23 enforcement recording of a stop may view the recording upon 24 making a request under IC 5-14-3-5.1. If an individual files a 25 complaint with the commission of discriminatory profiling or a 26 pretextual stop, the commission may review the recording upon 27 making a request under IC 5-14-3-5.1. 28 Sec. 23. The commission shall promote the creation of local agencies to address discriminatory profiling and pretextual stops. 29 30 Sec. 24. The commission may adopt rules under IC 4-22-2 to 31 carry out the purposes of this chapter. 32 SECTION 4. IC 5-2-27 IS ADDED TO THE INDIANA CODE AS 33 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 34 1, 2025]: 35 Chapter 27. Police Body Cameras and Vehicle Cameras 36 Sec. 1. The definitions in IC 5-2-26 apply throughout this 37 chapter. 38 Sec. 2. As used in this chapter, "video technology" means a 39 video camera and voice recording technology that is: 40 (1) installed in a law enforcement agency vehicle; or 41 (2) worn by a law enforcement officer. 42 Sec. 3. A law enforcement agency may use federal funds from 2025 IN 1063—LS 6367/DI 87 20 1 community oriented policing services grants or other federal 2 sources, subject to the terms of the grant or funding source, for 3 video technology. 4 Sec. 4. A law enforcement agency using video technology shall 5 do the following: 6 (1) Implement a course of instruction regarding the use and 7 operation of the video technology that includes all relevant 8 laws, rules of evidence, and departmental policies and 9 procedures. 10 (2) Implement an introductory video technology course 11 designed specifically for new officers. 12 (3) Implement a video technology refresher course for 13 advanced officer training courses. 14 Sec. 5. Video technology installed in a motor vehicle: 15 (1) must: 16 (A) be automatically activated during every traffic stop; 17 (B) possess voice recording technology; 18 (C) be designed and installed to record a traffic stop in its 19 entirety; and 20 (D) be activated for the entirety of a traffic stop; and 21 (2) may not be equipped with a manual shutoff switch. 22 Sec. 6. (a) Video technology shall be activated in: 23 (1) all routine traffic stops and pedestrian stops, whether 24 spontaneous or planned; and 25 (2) each operation involving the planned use of force, 26 including an operation involving nonuniformed officers. 27 (b) A law enforcement officer shall, whenever practicable, notify 28 individuals that they are being recorded. An officer may meet this 29 requirement by wearing an easily visible pin stating "lapel camera 30 in operation" or "body camera in operation". 31 Sec. 7. A minor, noncriminal infraction by a law enforcement 32 officer that is discovered during a routine review of recorded 33 material must be treated as a training opportunity and not as a 34 routine disciplinary action, unless the infraction is repeated after 35 being addressed informally. 36 Sec. 8. A criminal action by a law enforcement officer that is 37 discovered during a routine review of recorded material is subject 38 to disciplinary action and criminal charges. 39 SECTION 5. IC 5-14-3-5.1, AS ADDED BY P.L.58-2016, 40 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 41 JULY 1, 2025]: Sec. 5.1. (a) As used in this section, "requestor" means 42 the following: 2025 IN 1063—LS 6367/DI 87 21 1 (1) An individual who is depicted in a law enforcement recording. 2 (2) If the individual described in subdivision (1) is deceased: 3 (A) the surviving spouse, father, mother, brother, sister, son, 4 or daughter of the individual; or 5 (B) the personal representative (as defined in IC 6-4.1-1-9) of 6 or an attorney representing the deceased individual's estate. 7 (3) If the individual described in subdivision (1) is an 8 incapacitated person (as defined in IC 29-3-1-7.5), the legal 9 guardian, attorney, or attorney in fact of the incapacitated person. 10 (4) A person that is an owner, tenant, lessee, or occupant of real 11 property, if the interior of the real property is depicted in the 12 recording. 13 (5) A person who: 14 (A) is the victim of a crime; or 15 (B) suffers a loss due to personal injury or property damage; 16 if the events depicted in the law enforcement recording are 17 relevant to the person's loss or to the crime committed against the 18 person. 19 (6) The discriminatory profiling review commission 20 established by IC 5-2-26-13, if the law enforcement recording 21 depicts a law enforcement officer conducting a traffic stop or 22 pedestrian stop. 23 (b) A public agency shall allow a requestor to inspect a law 24 enforcement recording at least twice, if: 25 (1) the requestor submits a written request under section 3 of this 26 chapter for inspection of the recording; and 27 (2) if section 4(b)(19) of this chapter applies, the public agency 28 that owns, occupies, leases, or maintains the airport approves the 29 disclosure of the recording. 30 The public agency shall allow the requestor to inspect the recording in 31 the company of the requestor's attorney. A law enforcement recording 32 may not be copied or recorded by the requestor or the requestor's 33 attorney during an inspection. 34 (c) Before an inspection under subsection (b), the public agency: (1) shall obscure in the recording information 35 described in section 36 4(a) of this chapter; and 37 (2) may obscure any information identifying: 38 (A) a law enforcement officer operating in an undercover 39 capacity; or 40 (B) a confidential informant. 41 (d) Before an inspection under subsection (b), only the information 42 in the recording described in subsection (c) may be obscured by the 2025 IN 1063—LS 6367/DI 87 22 1 public agency. 2 (e) If a person is denied access to inspect a recording under this 3 section, the person may appeal the denial under section 9 of this 4 chapter. 2025 IN 1063—LS 6367/DI 87