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SB 34 IN

Unlawful assembly.

IN · session 2021 · Senate · bill

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Introduced Jan 4, 2021

Latest action (Jan 4, 2021) First reading: referred to Committee on Corrections and Criminal Law

Summary

Provides that a person convicted of rioting is not eligible: (1) for employment by the state or a local unit of government; and (2) to receive certain state and local benefits. Removes immunity under the Indiana tort claims act for the failure to enforce a law if the failure to enforce the law: (1) occurs in connection with an unlawful assembly; and (2) constitutes gross negligence. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Prohibits a person from being released on bail without a hearing in open court, establishes a rebuttable presumption that money bail shall be required, and requires a court to consider whether bail conditions more stringent than the local guidelines should be imposed. Adds enhanced penalties to the crimes of: (1) rioting; (2) obstruction of traffic; (3) criminal mischief; and (4) disorderly conduct. Adds a sentence enhancement to battery committed by a member of an unlawful assembly. Defines "defunding law enforcement" and allows a person to bring an action to enjoin a local unit from defunding law enforcement.

Sponsors (2)

Action history (2)

  1. Jan 4, 2021 Authored by Senators Tomes and Crider · upper
  2. Jan 4, 2021 First reading: referred to Committee on Corrections and Criminal Law · upper
Subjects
CIVIL ACTIONS generallyCIVIL ACTIONS, Immunity and Exemption from LiabilityCRIMES AND OFFENSES generallyPUBLIC OFFICERS AND EMPLOYEESWELFARE generally

Text versions (1)

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

  • Introduced Senate Bill (S) · Dec 28, 2020 · PDF

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