‘Buffer zone' clarification heads to governors desk
A clarification to the state's existing law establishing a 25-foot protective buffer zone around law enforcement officers moved to the governor's desk Tuesday, passing the Senate on a bipartisan 39-10 vote.
Senators unanimously supported another bill, which would allow courts to expunge red flag records.
House Bill 1122, as explained by sponsor Sen. Scott Baldwin, followed contradictory court rulings over the 2023 encroachment law, under which police can tell members of the public to stand back while they perform their duties. Someone violating the order could be charged with a Class C misdemeanor.
Sen. Rodney Pol, D-Chesterton, noted that the two podiums at the front of the Senate chamber stood at a distance of roughly 10 feet. Should someone at the other podium be arrested, Pol said the bill wouldn't require him to retreat.
Red flag expungements, buffer zones move through Senate committee
'Under the bill, the way that it's written currently … I could not be asked to leave the 25 feet because I'm not approaching, I've just been here the whole time,' Pol said. 'I would have to be approaching in order to be told to stop.'
Testimony on the bill focused on people interfering with police rather than standing back and recording, such as media members.
Pol and Sen. David Niezgodski, D-South Bend, joined 37 other Republicans to advance the measure to Gov. Mike Braun's desk.
Two Republicans, meanwhile, joined with the remaining eight Democrats to oppose the clarification bill, including Indianapolis Sen. Mike Young, who had concerns about how one could measure such a distance in the heat of the moment.
'When we get into these distances, how does one know … ? What if I'm at 30 feet but I approach until I'm at 25 feet?' Young asked. 'There's no way to prove I was 25 feet away.'
Sen. Jim Tomes, R-Wadesville, also voted against the bill.
Another bill will need to get House approval — again — before it can become law.
House Bill 1137 would create a method to expunge 'red flags' from a person's public record. The Hoosier State's red flag law allows police to temporarily remove firearms from people considered 'dangerous,' with an aim to curb gun violence.
Indianapolis Republican Sen. Aaron Freeman, the Senate sponsor, outlined two situations in which someone might receive an expungement: someone who was alleged to be dangerous and later found not to be or someone found to be dangerous by the courts but later got help and went back through the court process to be deemed safe.
Committee testimony revealed that Hoosiers had lost jobs and volunteer opportunities because of old red flag notices. An amendment from Freeman clarified that law enforcement would still have access.
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