Latest news with #HouseBill1122
Yahoo
11-03-2025
- Politics
- Yahoo
‘Buffer zone' clarification heads to governors desk
A "clarification" bill to the state's law enforcement buffer zone encountered bipartisan opposition in the Senate. Senators unanimously supported a bill to expunge red flag records. (Leslie Bonilla Muñiz/Indiana Capital Chronicle) 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. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
05-03-2025
- Politics
- Yahoo
Red flag expungements, buffer zones move through Senate committee
Rep. Ben Smaltz, R-Auburn, introduces his bill to allow for red flag expungements in committee on March 4, 2025. (Whitney Downard/Indiana Capital Chronicle) Indiana's thousands of law enforcement officers were the focus of a Senate corrections committee on Tuesday, as legislators parsed through concerns about red flag laws and 'buffer zones.' The Hoosier State's red flag law allows police to temporarily remove firearms from people considered 'dangerous,' with an aim to curb gun violence. But Rep. Ben Smaltz, R-Auburn, said the designation doesn't disappear after a case is resolved, leaving a 'scarlet letter.' Under House Bill 1137, records will be sealed and expunged if a court later decides someone isn't dangerous. The measure passed the House unanimously in January. But, Smaltz clarified, 'there's no double jeopardy. This person can (again) be found to be dangerous later.' The committee questioned whether law enforcement officers could see expunged red flag records, similar to how they can access expunged criminal records. Sen. Aaron Freeman, R-Indianapolis, vowed to file a second reading amendment if such language appeared to be unclear in order to codify law enforcement access to expunged red flag records. The bill had unanimous support from the committee and testimony, which focused on the adverse impact a lingering red flag designation can have on someone. 'I've handled a lot — dozens and dozens and dozens — of red flag cases over the years,' said Guy Relford, an attorney who focuses on second amendment issues. 'This is a civil proceeding … therefore there's currently no expungement process. And in real situations, with real cases and real people, this has cost people jobs. It's cost people volunteer opportunities.' The proposal now moves to the full Senate for further consideration. Another bill before the committee sought to fix 'vagueness' in the state's 25-foot 'buffer zone' law, under which a law enforcement officer can order someone to stand back during police duties. Author Rep. Wendy McNamara, R-Evansville, said House Bill 1122 was a direct response to conflicting court decisions related to the 2023 law. One federal court concluded that the law was constitutional while another federal judge called the law unconstitutionally vague. CONTACT US 'It requires law enforcement that is legally engaged in their duties, who reasonably believes the presence of a person interferes, they may order a person to stop. And after that person has been asked to stop, or warned to stop, and that person knowingly, intentionally approaches, can be charged with a Class C misdemeanor,' said McNamara. Plainfield Police Chief Kyle Prewitt likened the law to a rowdy patron at a local sporting event that provided 'a measure of safety' to officers and the community. 'I kind of draw a similarity between this and a youth sporting event where a member of the crowd is being a little two boisterous. Nobody would bat an eye at an official telling that person to be quiet. (Or) if they didn't then be quiet, to ask them to leave,' said Prewitt. 'And if it came to it, to have them escorted out of the facility. I think it is very similar to that.' The committee approved the measure unanimously. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
21-02-2025
- Health
- Yahoo
Missouri lawmakers renew efforts to address low coroner pay, training
The Missouri state flag is seen flying outside the Missouri State Capitol Building on Jan. 17, 2021 in Jefferson City (Michael B. Thomas/Getty Images). Coroners are crucial to their counties, but low pay keeps many potential candidates away. 'A lot of people realize that we need a higher level of education, a higher level of standards for the office of the coroner,' Dent County Coroner Ben Pursifull said. 'The problem is you're not going to get a great influx of good candidates without adequately compensating them for their time.' Currently, a coroner only needs to fill four requirements to be elected: U.S. citizenship, above the age of 21, reside in Missouri for one year and within the county for which they are elected for six months. Only medical examiners must be licensed physicians, not coroners. The difference between counties that have a medical examiner and a coroner depends on their classification based on population; larger counties have a medical examiner. Legislation pushed by state Rep. John Voss, a Republican from Cape Girardeau, last year was intended to 'ensure a baseline level of competency for Missouri coroners' but was shot down and opposed by coroners. The bill required Missouri coroners to meet equivalent certification levels of an EMT and have specialized training in death investigations, among other qualifications. Most coroners don't meet these requirements and neither do some nurses, Pursifull said. Instead, the Missouri Coroner's and Medical Examiner's Association worked with Voss to draft legislation addressing training standards, qualification requirements and salary increases. Voss' new bill, House Bill 1122, introduces mandatory annual training requirements for coroners and deputy coroners, increases pay to be in line with other county officials and supports training expenses for smaller counties. A public hearing is scheduled for Thursday at 8 a.m. 'I personally believe if you're going to ask someone to be qualified to a higher level, that they ought to be compensated to a higher level,' Voss said. A current statute stipulates that $1 of any death certificate fee will be put into the Missouri State Coroners' Training Fund, which has a cap of $500,000. Voss' bill would remove that cap to provide a grant program for everything from equipment and office supplies to constructing forensic laboratory space. Another bill, Senate Bill 1, proposes that a coroner's salary may receive an increase of up to $14,000. The bill received initial approval on Feb 4. Lawmakers tried to address the issue once before. In 2022, Missouri passed legislation that said the coroner, subject to the approval of the salary commission, could receive a $14,000 raise. However, the Missouri Supreme Court shot it down because there were multiple unrelated subjects in the bill, which is unconstitutional. As some law enforcement officers are employed by or volunteer for the coroner's office, a recently revised statute increased the minimum compensation for sheriffs.
Yahoo
29-01-2025
- Politics
- Yahoo
Lawmakers attempt to fix police buffer zone law
Members of a bipartisan interim study committee this week reviewed new criminal justice data and considered testimony about the need to combat a rise in juvenile gun crimes across the state. (Getty Images) A bill to revamp a buffer zone law for law enforcement passed out of committee 10-3 Wednesday. The original law, passed in 2023, allows police to push citizens back 25 feet from an ongoing investigation. It was challenged in two separate lawsuits; the Seventh Circuit Court of Appeals issued an injunction blocking the law because it was unconstitutionally vague. That case was brought by a coalition of media outlets. Rep. Wendy McNamara, R-Evansville, is carrying House Bill 1122 to try to eliminate the vagueness. The new law would allow an officer to order someone to stop approaching if there is a reasonable belief that the person's presence within the 25 feet will interfere with police duties. Chris Daley, the executive director of the American Civil Liberties Union of Indiana, believes the change would allow reporters or other witnesses to unobtrusively record what is happening without that being considered interference. He was neutral on the bill — saying it is an improvement on the previous law, but the legal cases are still ongoing. Daley still thinks the 25-foot distance is too far. Evansville Police Sgt. Mark Saltzman testified in support of the bill, saying it has helped reduce intrusion on officers conducting an investigation at a time when assaults on police officers have risen nationally. He noted that other states have used Indiana's language to pass their own laws, including Florida's 'Halo law.' Plainfield Police Chief Kyle Prewitt said, 'We want safety in our communities, not just for our law enforcement officers, but for those who are impacted by crimes, those who commit crimes, the community as a whole.' He added that sometimes people standing too close can also overhear sensitive information relayed by officers, victims and suspects. 'There's also a modicum of decency that we should be observing as society as a whole,' Prewitt said. Three Democrats opposed the bill with all Republicans in support. Rep. Robin Shackleford, D-Indianapolis, said she initially supported the law in committee but then received pushback from her community. She said many of her constituents don't trust law enforcement and 25 feet is too far to 'make sure everyone is accountable.' Lawmakers heard concerns about witness recordings in an interim committee in 2022 and in committee discussion in 2023. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
