Latest news with #SenateBill326
Yahoo
24-04-2025
- Politics
- Yahoo
Final day of the 2025 legislative session
The 2025 legislative session is coming to an end, and the Indiana Capital Chronicle team will be chronicling its last day here. (Getty Images) The 2025 legislative session is coming to an end (hopefully within the next 24 hours!), and the Indiana Capital Chronicle team will be bringing you everything from the final day here. 39 mins ago 39 mins ago As the legislative session enters its final hours, tweaks and overhauls alike are coming rapid-fire. Indiana's retired public employees are likely to nab pension bonuses intended to boost benefits that don't otherwise keep up with inflation — but with a 5% cut — under a final draft for House Bill 1221. That's after a finance-focused Senate committee cut the 13th check and 1% cost-of-living-adjustment entirely. House lawmakers, however, sought years of bonuses. Elsewhere, several contentious provisions were dropped from less-controversial underlying legislation. But some authors are hoping to re-home them. It appears a ban on sleeping or sheltering on public property has been removed from Senate Bill 197, prompting rumors it would be inserted into legislation dealing with juvenile justice. But the final version of that bill is still outstanding. Another prohibition, this one on government-supported 'obscene performances,' wasn't in a conference committee report filed on Senate Bill 326. But that report was quickly withdrawn and is still in flux. Asked where the language might go, Rep. Andrew Ireland, R-Indianapolis, told the Capital Chronicle, 'I don't know any better than anyone else.' And detailed language cracking down on illicit massage parlors was cut from the negotiated draft of House Bill 1416, which would require human trafficking awareness posters in gas stations and rest stops. Rep. Wendy McNamara, R-Evansville, repeatedly called it too 'prescriptive.' Sen. Mike Bohacek, R-Michiana Shores, authored the language after law enforcement raided parlors in his district. He told the Capital Chronicle that he aims to find a new place for a recast version that offers local governments greater decision-making powers. Last updated: 9:05 AM
Yahoo
01-04-2025
- Politics
- Yahoo
‘Obscene performances' public funding ban moves forward
Rep. Andrew Ireland, R-Indianapolis, introduces a bill barring public entities from funding 'obscene performances' on March 31, 2025. (Whitney Downard/Indiana Capital Chronicle) A bill that left the Senate with near-universal support picked up a 'barnacle in committee,' as one House Democrat put it last week, leaving the House on a 71-20 vote Monday. The House additions widen the scope of the underlying bill beyond an effort to replace a criminal term throughout Indiana code to include a focus on obscene performances. As originally written, Senate Bill 326 would have replaced 'child pornography' with 'child sex abuse material,' acknowledging that children are being sexually abused in such images. But a House committee added a new provision: barring government entities from using public money to fund, organize or host 'obscene performances.' 'Obscene performance' ban added to child abuse bill, official misconduct expungements weighed A House floor amendment, which moved largely along party lines, also added a method of enforcement by allowing people to sue Indiana entities for alleged incidents. 'Language shapes the way we understand and confront these issues and the term child pornography is not only inaccurate, it minimizes the horror of the crimes committed. Pornography implies a level of consent and children cannot consent,' said House sponsor Rep. Andrew Ireland. '… we're taking an important step to save our Hoosier children.' The Indianapolis Republican said the language regarding obscene performances would ensure 'that public funds are never used to support the exploitation of children.' Defining something as obscene has to meet a high bar, known as the 'Miller Test.' That work must be based on an average person's reaction and consider the entire work, not just an isolated portion. But critics maintained that such performances aren't happening, noting there are already penalties regardless of someone's government affiliation. 'More and more this General Assembly is taking itself to an alternate reality where it legislates against problems that don't exist,' said Rep. Matt Pierce, D-Bloomington. 'We create a strawman and then we knock it down and 'Look at us! We really solved that problem!' 'The problem never existed. But it appeals to somebody out there, so we do it now.' Ireland didn't cite specific instances of obscene performances using taxpayer dollars on Monday nor in his testimony last week when he introduced the penalty language. It also doesn't limit such legal action to only Indiana residents, meaning that, according to Pierce, 'any person in the universe can sue your local government when they're offended by somebody and try to make an argument that it's obscene.' Pierce was one of the committee members to advance the bill, noting the high bar to meet the state's obscenity standard, which he dubbed a 'barnacle' on the House floor last week. In addition to the Miller test, a litigant would generally need to prove they have been harmed by obscene performances — a barrier meant to tamp down on frivolous lawsuits. But Pierce said the language eviscerates that and says 'we don't care if they're harmed or not. We don't care if they have a direct injury.' Municipalities may still need to spend their dollars defending themselves from such accusations, which could include plays, poetry and drag shows. 'Keep in mind, anybody involved in this supposed obscene performance that local government might be funding can already be arrested and imprisoned under our current (law),' Pierce continued. 'I would think the fear of going to prison would keep local officials from going into the smut-peddling business.' Ireland agreed with Pierce that such obscene performances 'have never occurred and I hope never occur … in part, thanks to this bill.' 'This is nothing new under the sun,' concluded Ireland. The final vote tally split both parties, though only Ireland and Pierce spoke on the measure. It now goes to the Senate, which must vote to accept or reject the House amendments before the bill can advance. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
26-03-2025
- Politics
- Yahoo
Jewish Texans disagree on how to combat antisemitism in schools during hearing on Senate bill
Some Jewish Texans on Tuesday supported a measure to address a rise in antisemitism in schools, while others said it would not only stifle free speech but make them less safe. They testified Tuesday evening on Senate Bill 326 in the Senate's K-16 Education Committee. The bill would require public school districts, open-enrollment charter schools and colleges and universities to use the International Holocaust Remembrance Alliance's working definition and examples of antisemitism in student disciplinary proceedings. The IHRA defines antisemitism as 'a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.' A few examples the IHRA provides of antisemitism are 'denying the Jewish people their right to self-determination, e.g., by claiming the existence of a State of Israel is a racist endeavor,' 'applying double standards by requiring of it (Israel) a behavior not expected or demanded of any other democratic nation,' and 'holding Jews collectively responsible for the actions of the state of Israel.' Oli Hoffman, a student at the University of Texas at Austin, said the IHRA definition encourages 'a dangerous conflation of the government of Israel and the Jewish people.' 'I am a proud Longhorn studying education,' Hoffman said, 'and I can recall some respectful debates regarding Israel that I was a party to on campus that would be defined as antisemitic come Sept. 1 if this bill is passed.' Students at UT Austin and universities throughout the country demonstrated support for Palestinians last spring, calling for their universities to divest from manufacturers supplying Israel with weapons in its strikes on Gaza. UT officials called state police, who responded to the campus and arrested more than 100 people. While some have criticized the university for what they called a heavy-handed response, others have applauded it as necessary to combat protests they saw as antisemitic. Some point to the phrase some protesters chanted, 'from the river to the sea,' as evidence of this. 'From the river to the sea' refers to a stretch of land between the Jordan River on the eastern flank of Israel and the occupied West Bank to the Mediterranean Sea to the west. Pro-Palestinian activists have said this is a call for peace and equality in the Middle East, but SB 326's author, Phil King, R-Weatherford, said he thinks that phrase calls for the killing of Jews. Sandra Parker, vice chair of the Texas Holocaust, Genocide, and Antisemitism Advisory Commission and King's invited witness, agreed and added that it also calls for the eradication of the Jewish state. She stressed that the bill would allow school leaders to decide on their own if a student has violated their code of conduct and provides them a tool to determine whether the violation was motivated by antisemitism. That could help the school determine what discipline is warranted, she said. 'Why is that necessary? Because you cannot defeat what you are unwilling to define,' Parker said. 'We know the conduct is happening, but why? The answer can only be one of two things. Antisemitism is being tolerated and ignored or people don't know what antisemitism is when they see it.' Parker added that the bill could address incidents like one at a high school in San Antonio where she said a student who is not Jewish had an Israel flag stolen and destroyed by another student. The school then moved the student who owned the flag to another classroom rather than punish the students who destroyed the flag. 'This behavior was aimed to silence both Jewish students and those who support them,' Parker said. But other Jewish Texans disagreed with King and Parker that the phrase 'from the river to the sea' is antisemitic. 'Whatever the intentions of this bill, understand that it actually makes Jews in Texas less safe to formally associate us with a foreign government, evoking the longstanding antisemitic charge of dual loyalty that's been leveled against Jewish people in the U.S. and Europe for decades, setting us apart from our neighbors and painting us as outsiders,' said Jennifer Margulies, who attends Congregation Beth Israel in Austin, which a man set on fire in 2022. 'I know what antisemitism looks like,' she said. 'It looks like needing to reassure my child that it's safe to attend Hebrew school when I have a sick feeling in the pit of my stomach as I drive by the burnt black sanctuary doors to drop her off, hoping that I am not lying.' Since protests broke out last spring, lawmakers have heard about an uptick in antisemitic incidents in schools. They heard that again on Tuesday from Jackie Nirenberg, a regional director for the Anti-defamation League. She said the ADF and Hillel International, a Jewish Campus organization, surveyed Jewish college students at 135 colleges and universities across the U.S. and found that 83% of them have experienced or witnessed antisemitism since the Oct. 7, 2023 Hamas attack on Israel. SB 326 was left pending in committee. State Rep. Giovanni Capriglione, R-Southlake, has filed identical legislation in the House. The Texas Tribune partners with Open Campus on higher education coverage. Disclosure: The University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. We can't wait to welcome you to the 15th annual Texas Tribune Festival, Texas' breakout ideas and politics event happening Nov. 13–15 in downtown Austin. Step inside the conversations shaping the future of education, the economy, health care, energy, technology, public safety, culture, the arts and so much more. Hear from our CEO, Sonal Shah, on TribFest 2025. TribFest 2025 is presented by JPMorganChase.
Yahoo
20-03-2025
- Politics
- Yahoo
‘Obscene performance' ban added to child abuse bill, official misconduct expungements weighed
Rep. Chris Jeter declined to say whether his amendment was aimed at drag queen story times. He is shown speaking with a colleague in the House chamber on Jan. 9, 2025. (Courtesy Indiana House Republicans) Indiana lawmakers on Wednesday chose not to strip key provisions from legislation tightening handling of child sex abuse materials — yet — but did add a ban on any government-funded 'obscene performance.' The House Committee on Courts and Criminal Code also moved a proposal allowing unelected officials convicted of official misconduct a path toward expungement. Senate Bill 326's original purpose was replacing use of the phrase 'child pornography' throughout Indiana Code with 'child sex abuse material.' 'Whether you believe it's right or wrong, (pornography) is legal. It exists in our society. That's not what these images are,' said Courtney Curtis, of the Indiana Prosecuting Attorneys Council. 'In these images, these children are being molested. They are being sexually abused. We should call it that.' The measure would also require Indiana Department of Child Services (DCS) employees, school employees and attorneys to 'immediately' notify law enforcement about such materials and avoid file transfers to avoid prosecution — prompting concerns among committee members. Curtis said those changes would bring Indiana Code up to federal standards. She described observing the misalignment firsthand while working for the Marion County Prosecutor's Office's Special Victims Team. 'There was a high school in Indianapolis where, instead of calling law enforcement or calling DCS, they called their attorney in order to protect the teacher,' Curtis said. 'And their attorney took the laptop, took it to the law firm, did not report, uploaded the material onto the mainframe. That is a federal crime.' Committee members, however, feared the language would ensnare well-meaning parents and professionals. They considered an amendment to delete it. Sen. Aaron Freeman, R-Indianapolis, told members that he'd rather they kill his bill instead of stripping out a core provision that mimics federal law. They relented, agreeing to instead make any fixes on the House floor. The committee accepted other changes, however — including a possible attempt to bar drag performers from reading children's stories in public libraries or schools. An amendment from Rep. Chris Jeter, R-Fishers, specifies that a government entity can't organize or use public money to fund 'an obscene performance.' It was adopted through a voice vote, over Democrats' opposition. CONTACT US When asked if he was trying to ban drag story times, Jeter told Indiana Public Broadcasting, 'I'm trying to ban any obscene performance, as it's defined in the code … because, by definition, they're harmful. Because it's a crime.' 'I've heard about it in other places and seen some things in other states,' Jeter continued, describing them as 'performances that are sexual in nature' and 'that are not appropriate for minors.' He demurred when asked again about drag story times, saying, 'It's tough for me to apply the law to a specific fact pattern you're giving me because I don't know. We're relying on … communities to look at the definition and decide whether … it actually is obscene.' Obscenity comes with high standards. Obscene, or just objectionable? Here's how Indiana schools are tackling library book complaints. To qualify under Indiana law, materials or performance must, as a whole: describe or represent nudity, sexual conduct, sexual excitement, or sado-masochistic abuse; appeal to the prurient interest in sex of minors; be patently offensive to prevailing standards of what's appropriate for minors; and lack serious literary, artistic, political, or scientific value for minors. 'This is a do-nothing amendment,' said Rep. Matt Pierce, D-Bloomington, because the bar is so high. But, he argued, it 'suggests that we think that people are (putting on obscene performances), which I think is an affront to anyone who's running a governmental entity in this state.' Rep. Mitch Gore, D-Indianapolis, said he believed the amendment's intent is 'a chilling effect on performances that people personally don't like.' Senate Bill 326 advanced on a unanimous, 13-0 vote. The committee also touched on expungements for official misconduct — just one piece of the complex Senate Bill 281. The legislation stipulates that people convicted of official misconduct, as long as they're not elected officials convicted while campaigning or in office, can petition courts to expunge all conviction records. Rep. Greg Steuerwald, the bill's House sponsor, said Indiana's expungement laws are 'extremely difficult to understand,' adding, 'This is what happens when you amend the statute over the years.' He planned to take on a 'comprehensive re-write' in the future. 'In fact, this situation that my client actually is going to testify to, … the prosecutor at the time was willing to expunge the record, but (we) discovered later that we misread it and he was not eligible,' Steuerwald said. The lone witness was Jed Adams, a former Marion County Sheriff's deputy. He was caught selling drugs out of his car in 2025, CBS4 reported. 'I made a bad decision that ultimately ended with me taking a plea agreement in May of 2016 for official misconduct, a Level Six felony,' Adams said. 'I support Senate Bill 281, as I'm a firm believer in second chances. I've owned and accepted the consequences of my poor decision that I made that day.' He said the conviction was preventing him from coaching a junior high team, cleanly pass a background check, get a gun permit and carry a handgun. 'I feel that my story is a testimony to how people can make a mistake, accept the consequences, and become a better version of themselves,' Adams concluded. 'If this bill passes, it will give individuals like myself opportunities to contribute more to our communities.' Steuerwald told the Capital Chronicle that elected officials can 'never' get expungements for official misconduct, but that others 'should at least be eligible.' 'There are serious violent felons who are eligible (for expungement) right now, but a non-elected official, non-violent isn't eligible,' he said. The legislation, which moved on a 12-1 vote, would also prohibit expungement for a person convicted of unlawful possession of a firearm by a serious violent felon. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
