Bill Text: IN SB0035 | 2013 | Regular Session | Introduced

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Bill Title: Recording law enforcement officer activities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Civil Law [SB0035 Detail]

Download: Indiana-2013-SB0035-Introduced.html

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Introduced Version

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SENATE BILL No. 35

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 34-13-9.

Synopsis: Recording law enforcement officer activities. Provides that if: (1) a person is taking a photograph or making a video recording or motion picture of a law enforcement officer while the law enforcement officer is engaged in the performance of the law enforcement officer's official duties; and (2) the law enforcement officer or another law enforcement officer interferes with the person's taking of the photograph or making of the video recording or motion picture; the law enforcement officer who interferes with the person is liable to the person in an action at law, a suit in equity, or another proper proceeding for redress of the law enforcement officer's interference. Provides for certain exceptions to law enforcement officer liability.

Effective: July 1, 2013.

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Banks

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    January 7, 2013, read first time and referred to Committee on Civil Law.

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Introduced

First Regular Session 118th General Assembly (2013)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 35

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    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-13-9; (13)IN0035.1.1. -->     SECTION 1. IC 34-13-9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 9. Recording Law Enforcement Officer Activities
    Sec. 1. As used in this chapter, "law enforcement officer" has the meaning set forth in IC 35-31.5-2-185.
    Sec. 2. Except as provided in section 3 of this chapter, if:
        (1) a person is:
            (A) taking a digital or analog photograph; or
            (B) making a digital or analog video recording or motion picture;
        of a law enforcement officer while the law enforcement officer is engaged in the performance of the law enforcement officer's official duties; and
        (2) the law enforcement officer or another law enforcement officer interferes with the person's taking of the photograph or making of the video recording or motion picture;

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the law enforcement officer who interferes with the person is liable to the person in an action at law, a suit in equity, or another proper proceeding for redress of the law enforcement officer's interference.     Sec. 3. A law enforcement officer is not liable under section 2 of this chapter if the law enforcement officer reasonably believed the law enforcement officer was interfering with the taking of the photograph or making of the video recording or motion picture to:
        (1) lawfully enforce a:
            (A) criminal law; or
            (B) municipal ordinance;
        (2) protect the public safety;
        (3) preserve the integrity of a:
            (A) crime scene; or
            (B) criminal investigation;
        (4) protect the privacy interests of any person, including a victim of a crime; or
        (5) lawfully enforce a rule or policy adopted by:
            (A) the supreme court of Indiana; or
            (B) a local court;
        concerning the photographing or recording of judicial proceedings.