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Indiana State Senator's OWI charges delayed due to legislative immunity
Indiana State Senator's OWI charges delayed due to legislative immunity

Yahoo

time3 days ago

  • Health
  • Yahoo

Indiana State Senator's OWI charges delayed due to legislative immunity

State Sen. Mike Bohacek faces charges after allegedly stumbling out of his car after drinking alcohol inside his car at a Michigan City Panda Express in January, but the charges were only recently filed because of legislative immunity. The Indiana Constitution states that legislators are 'privileged from arrest' during the legislative session except for treason, felony or breach of the peace. The 2025 legislative session started Jan. 8 and ended April 24, and Bohacek was arrested Jan. 24. Bohacek, R-Michiana Shores, faces misdemeanor charges of operating while intoxicated and two additional misdemeanor OWI charges for a blood alcohol content above 0.15 and endangerment, according to the probable cause affidavit. Porter County Prosecutor Gary Germann was appointed as the special prosecutor in the case. In an email Monday, Germann said the charges have not yet been approved by a judge, but that will likely occur in the next couple of days. He declined to comment further citing the pending litigation. A witness told police officers that Bohacek drank from 'an open container' and stumbled out of his vehicle at Panda Express in Michigan City around 3:30 p.m. Jan. 24, according to the affidavit. When officers arrived, they observed Bohacek with food on his clothes, poor balance and quiet, slow speech. Officers also reported that Bohacek had red, watery and bloodshot eyes and that he staggered from his black Dodge Charger, according to the affidavit. A blood test performed at about 4:30 p.m. Jan. 24 found that Bohacek's blood alcohol content was 0.283, according to the affidavit. Bohacek told police officers he took his prescription Tramadol before driving, according to the affidavit. Tramadol is a synthetic opioid used to treat moderate to moderately severe pain, including pain after surgery, according to the Mayo Clinic. When reached by the Post-Tribune Tuesday, Bohacek expressed surprise that he could be charged months after the fact, but declined to comment further. State Rep. Jim Lucas, R-Seymour, pleaded guilty to two misdemeanor counts of operating a motor vehicle while intoxicated and leaving the scene of an accident in June 2023. Former State Rep. Daniel Forestal, D-Indianapolis, faced charges before his resignation in 2020 for drunken driving. He had also faced charges for battery of a public safety official, resisting law enforcement and disorderly conduct and accusations of using his political campaign's bank account for personal use, like online gambling, in separate events beginning in 2019. Forestal, who was open about his mental health struggles, died in 2021. Responding to a wellness check at an Indianapolis hotel, police found Forestal, 38, deceased. akukulka@

Indiana State Senator's OWI charges delayed due to legislative immunity
Indiana State Senator's OWI charges delayed due to legislative immunity

Chicago Tribune

time3 days ago

  • Health
  • Chicago Tribune

Indiana State Senator's OWI charges delayed due to legislative immunity

State Sen. Mike Bohacek faces charges after allegedly stumbling out of his car after drinking alcohol inside his car at a Michigan City Panda Express in January, but the charges were only recently filed because of legislative immunity. The Indiana Constitution states that legislators are 'privileged from arrest' during the legislative session except for treason, felony or breach of the peace. The 2025 legislative session started Jan. 8 and ended April 24, and Bohacek was arrested Jan. 24. Bohacek, R-Michiana Shores, faces misdemeanor charges of operating while intoxicated and two additional misdemeanor OWI charges for a blood alcohol content above 0.15 and endangerment, according to the probable cause affidavit. Porter County Prosecutor Gary Germann was appointed as the special prosecutor in the case. In an email Monday, Germann said the charges have not yet been approved by a judge, but that will likely occur in the next couple of days. He declined to comment further citing the pending litigation. A witness told police officers that Bohacek drank from 'an open container' and stumbled out of his vehicle at Panda Express in Michigan City around 3:30 p.m. Jan. 24, according to the affidavit. When officers arrived, they observed Bohacek with food on his clothes, poor balance and quiet, slow speech. Officers also reported that Bohacek had red, watery and bloodshot eyes and that he staggered from his black Dodge Charger, according to the affidavit. A blood test performed at about 4:30 p.m. Jan. 24 found that Bohacek's blood alcohol content was 0.283, according to the affidavit. Bohacek told police officers he took his prescription Tramadol before driving, according to the affidavit. Tramadol is a synthetic opioid used to treat moderate to moderately severe pain, including pain after surgery, according to the Mayo Clinic. When reached by the Post-Tribune Tuesday, Bohacek expressed surprise that he could be charged months after the fact, but declined to comment further. State Rep. Jim Lucas, R-Seymour, pleaded guilty to two misdemeanor counts of operating a motor vehicle while intoxicated and leaving the scene of an accident in June 2023. Former State Rep. Daniel Forestal, D-Indianapolis, faced charges before his resignation in 2020 for drunken driving. He had also faced charges for battery of a public safety official, resisting law enforcement and disorderly conduct and accusations of using his political campaign's bank account for personal use, like online gambling, in separate events beginning in 2019. Forestal, who was open about his mental health struggles, died in 2021. Responding to a wellness check at an Indianapolis hotel, police found Forestal, 38, deceased.

Indiana GOP Sen. Mike Bohacek charged with DUI months after incident
Indiana GOP Sen. Mike Bohacek charged with DUI months after incident

Yahoo

time4 days ago

  • Health
  • Yahoo

Indiana GOP Sen. Mike Bohacek charged with DUI months after incident

Sen. Mike Bohacek, right, talks to Sen Greg Walker, R-Columbus, on the Senate floor on Jan. 23, 2025. (Whitney Downard/Indiana Capital Chronicle) Charges are pending against Republican Indiana Sen. Mike Bohacek for a January drunk driving incident that remained under wraps for months — shielded by legislative immunity during the 2025 session. Bohacek, of Michiana Shores, was stopped by police on Jan. 24 after a citizen reported him 'drinking an open container and stumble out of his vehicle' at a Panda Express in Michigan City, according to charging documents obtained by the Indiana Capital Chronicle. He was later pulled over near Swan Lake Cemetery on U.S. 20, where he refused a breathalyzer test. Police then took him to a hospital, where a blood test showed a blood alcohol content of 0.28% — more than three times Indiana's legal limit of 0.08%. But Bohacek wasn't arrested at the time. Under Indiana law, members of the General Assembly are shielded from arrest in most cases during the legislative session — a protection known as legislative immunity. That meant Bohacek's case was kept sealed and the senator remained uncharged for months. Porter County Prosecutor Gary Germann, appointed as special prosecutor in the case, said the charges were filed shortly after his office was appointed in May but they weren't made public until Monday afternoon. Two other judges recused themselves and the current Special Judge is LaPorte Circuit Judge Julianne K. Havens. Bohacek did not respond to the Capital Chronicle's requests for comment. A Senate communications staffer also declined to comment, saying the incident 'falls into the 'personal matter' category.' Anonymous rumors about the incident circulated online after the January incident, but details were not publicly disclosed until Monday. Charging documents provided by Germann show that Bohacek was stopped by a Michigan City police officer just before 3:30 p.m. on Jan. 24, a Friday. The senator was allegedly speeding while driving a 2023 Dodge Charger bearing his Indiana legislative license plate. The officer at the scene claimed Bohacek's speech was quiet and slow; that his eyes were 'red, watery (and) bloodshot,' and that he had poor balance and staggered from his vehicle. Charging records additionally note that he was 'covered in food.' Panel advances 15-and-under social media ban Bohacek 'admitted to consuming his prescription medication Tramadol as prescribed prior to driving.' Tramadol is a prescription opioid pain medication used to treat moderate to moderately severe pain, often after surgery or for chronic conditions, according to the Mayo Clinic. After refusing a breathalyzer, the senator's blood was drawn at around 4:30 p.m. the same day at Northwest Health Hospital in LaPorte. Results of that test later indicated a blood alcohol content of 0.283%, and no drugs present, according to the charging paperwork. Bohacek was back taking votes in the Indiana Senate chamber the following Monday. Online court records show Bohacek had several prior traffic citations, including ignoring a stop sign; speeding; and driving the wrong direction on a one-way. Bohacek was first elected to the Indiana Senate in November 2016. He represents District 8, which includes Starke County, as well as portions of LaPorte, Marshall, and St. Joseph counties. He most recently served on the Corrections and Criminal Law, Health and Provider Services, and Local Government committees. Before joining the General Assembly, Bohacek served as a two-term LaPorte County Commissioner and was a member of the Michiana Shores Town Council. He additionally works as an enterprise consultant with Echo Global Logistics and owns MSL Services Inc., a company based in Michiana Shores, according to his legislative biography. A specific section in the Indiana Constitution states that lawmakers are immune from arrest during session in all cases except treason, felony, or breach of the peace during the legislative session, as well as while traveling to and from the Indiana Statehouse. The most recent session started on Jan. 8 and adjourned on April 25. Bohacek's charges add to a series of other alcohol-related incidents involving separate Indiana lawmakers. CONTACT US In May 2023, Republican Rep. Jim Lucas was arrested after crashing his vehicle into a guardrail and driving the wrong way on an interstate entrance ramp. Lucas, of Seymour, pleaded guilty to operating a vehicle while intoxicated and leaving the scene of an accident, both misdemeanors. He received a suspended sentence, was placed on probation, and was removed from interim legislative committee assignments. Lucas was reelected for a seventh term last November. Before that, Democratic Rep. Dan Forestal was arrested in 2019 for operating a vehicle while intoxicated, resisting law enforcement, and impersonating a public servant. Forestal, of Indianapolis, died in 2021 after his legislative tenure had ended. In 2009, former Democratic Rep. Dennie Oxley was arrested for misrepresenting himself as a state legislator to avoid arrest for public intoxication and was later convicted. Oxley claimed legislative immunity at the time of the incident, even though he was no longer an elected representative. And in 2002, Republican Sen. Johnny Nugent was arrested for DUI with a blood alcohol content of 0.13%. Voters repeatedly re-elected Nugent until he retired from the Indiana Senate in 2014. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

PTABOA residency requirement bill passes Indiana Senate
PTABOA residency requirement bill passes Indiana Senate

Yahoo

time06-02-2025

  • Politics
  • Yahoo

PTABOA residency requirement bill passes Indiana Senate

The bill that would require county property tax assessment boards of appeal members to live in Indiana unanimously passed out of the Senate Tuesday. Senate Bill 187, authored by State Sen. Dan Dernulc, R-Highland, states the term of anyone serving on a county property tax assessment board of appeals who isn't an Indiana resident will expire July 1. The fiscal body, which is the council in Lake County, would then be required to appoint a new member to finish out the member's term. The bill maintains Indiana's current PTABOA law that states a member has to be at least 18 years old and be 'knowledgeable in the valuation of property.' The bill also maintains that a majority of the members must have the certification of a level two or level three assessor-appraiser. 'This is an important piece of legislation that directly affects my district,' Dernulc said in a statement. 'Members of an Indiana PTABOA should be Indiana residents to ensure we have equal and fair property tax assessments for those who have chosen to call themselves Hoosiers. I look forward to seeing how this will change how people look at these boards and who serves on them.' The bill was amended in the Senate Local Government Committee to include language State Sen. Greg Taylor, D-Indianapolis, proposed strengthening the language to ensure that the PTABOA member lives in Indiana throughout his or her four-year term. 'If you want to make sure that their whole term that they live in Indiana, I would put that in there specifically. I wouldn't leave it open to interpretation,' Taylor said in committee. Dernulc said he drafted the bill after learning about Lake County PTABOA member Samantha Steele, who is also a Cook County Board of Review commissioner and was arrested for driving under the influence in Chicago late last year. Steele lives in Evanston, Illinois. State Sen. Mike Bohacek, R-Michiana Shores, said that in his district counties have had difficulties finding qualified members to appoint to the PTABOA. Bohacek suggested the bill be further amended to state that if someone owns property in Indiana and has the proper qualifications he or she could serve on the PTABOA. Dernulc said Bohacek was going to offer an amendment to the bill to allow for someone to own property in Indiana and serve on a PTABOA. But, after they talked, Dernulc said Bohacek agreed to pull the amendment. In Lake County, Dernulc said he reached out to council members about the bill. The council member he talked to, Dernulc said, expressed interest in the bill. Lake County Councilman Ted Biliski, D-Hobart, said conceptually the PTABOA bill makes sense, and he supports it. The members of the board should live in the community they are serving, he said. But Bilski said he hopes the bill doesn't make it more difficult to find PTABOA members because it's not always easy to find level two or three assessor-appraisers. '(The bill) makes sense. I have no issues with it. I hope it doesn't impede our ability to fill the board,' Bilski said. Lake County Council President Christine Cid, D-East Chicago, previously said she told Dernulc she supports the bill. Cid said the county uses a state website to find level two and level three assessors, so it would be easy to find qualified people who live in the county or state that could serve on the PTABOA. 'I believe there are plenty of qualified people here, not just in Lake County but in Indiana, that could serve,' Cid said. Lake County Board of Commissioners Michael Repay, D-3rd, previously said Lake County officials want to appoint the most qualified people to the PTABOA. 'There are like 101 more important things that could positively impact the citizens of Indiana and the citizens in Senator Dan Dernulc's district than a fully qualified individual who doesn't live in the county,' Repay previously said. The bill passed 50-0 Tuesday. It will be considered by the House, starting in committee. akukulka@

PTABOA residency requirement bill passes Indiana Senate
PTABOA residency requirement bill passes Indiana Senate

Chicago Tribune

time06-02-2025

  • Politics
  • Chicago Tribune

PTABOA residency requirement bill passes Indiana Senate

The bill that would require county property tax assessment boards of appeal members to live in Indiana unanimously passed out of the Senate Tuesday. Senate Bill 187, authored by State Sen. Dan Dernulc, R-Highland, states the term of anyone serving on a county property tax assessment board of appeals who isn't an Indiana resident will expire July 1. The fiscal body, which is the council in Lake County, would then be required to appoint a new member to finish out the member's term. The bill maintains Indiana's current PTABOA law that states a member has to be at least 18 years old and be 'knowledgeable in the valuation of property.' The bill also maintains that a majority of the members must have the certification of a level two or level three assessor-appraiser. 'This is an important piece of legislation that directly affects my district,' Dernulc said in a statement. 'Members of an Indiana PTABOA should be Indiana residents to ensure we have equal and fair property tax assessments for those who have chosen to call themselves Hoosiers. I look forward to seeing how this will change how people look at these boards and who serves on them.' The bill was amended in the Senate Local Government Committee to include language State Sen. Greg Taylor, D-Indianapolis, proposed strengthening the language to ensure that the PTABOA member lives in Indiana throughout his or her four-year term. 'If you want to make sure that their whole term that they live in Indiana, I would put that in there specifically. I wouldn't leave it open to interpretation,' Taylor said in committee. Dernulc said he drafted the bill after learning about Lake County PTABOA member Samantha Steele, who is also a Cook County Board of Review commissioner and was arrested for driving under the influence in Chicago late last year. Steele lives in Evanston, Illinois. State Sen. Mike Bohacek, R-Michiana Shores, said that in his district counties have had difficulties finding qualified members to appoint to the PTABOA. Bohacek suggested the bill be further amended to state that if someone owns property in Indiana and has the proper qualifications he or she could serve on the PTABOA. Dernulc said Bohacek was going to offer an amendment to the bill to allow for someone to own property in Indiana and serve on a PTABOA. But, after they talked, Dernulc said Bohacek agreed to pull the amendment. In Lake County, Dernulc said he reached out to council members about the bill. The council member he talked to, Dernulc said, expressed interest in the bill. Lake County Councilman Ted Biliski, D-Hobart, said conceptually the PTABOA bill makes sense, and he supports it. The members of the board should live in the community they are serving, he said. But Bilski said he hopes the bill doesn't make it more difficult to find PTABOA members because it's not always easy to find level two or three assessor-appraisers. '(The bill) makes sense. I have no issues with it. I hope it doesn't impede our ability to fill the board,' Bilski said. Lake County Council President Christine Cid, D-East Chicago, previously said she told Dernulc she supports the bill. Cid said the county uses a state website to find level two and level three assessors, so it would be easy to find qualified people who live in the county or state that could serve on the PTABOA. 'I believe there are plenty of qualified people here, not just in Lake County but in Indiana, that could serve,' Cid said. Lake County Board of Commissioners Michael Repay, D-3rd, previously said Lake County officials want to appoint the most qualified people to the PTABOA. 'There are like 101 more important things that could positively impact the citizens of Indiana and the citizens in Senator Dan Dernulc's district than a fully qualified individual who doesn't live in the county,' Repay previously said. The bill passed 50-0 Tuesday. It will be considered by the House, starting in committee.

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