Tuesday, February 21, 2012
Ind. Law - "Barnes" bill may face changes in House (or may be dead)
"Indiana bill on right to resist police faces overhaul" is the headline to a long story today by Tom Davies of the AP. Some quotes:
INDIANAPOLIS - A proposal aimed at assuring Indiana residents they sometimes can resist police officers entering their homes could see a key change sought by law enforcement groups, the House sponsor said today.ILB: The bill is SB 1. It is assigned, in the House, to Courts and Criminal Code Committee. That Committee currently is not scheduled for a meeting this week, the final week for committee meetings.
Prosecutor and police groups have objected to a list of limited situations of when officers can legally enter a private home, which was included in the bill the Senate approved 45-5 last month. * * *
Republican Rep. Jud McMillin of Brookville, who is sponsoring the bill, said he is working with law enforcement officials on a new version to be considered by a House committee on Wednesday.
Changes from what the Senate approved would specify that residents are protected by the state's self-defense law if they resist police officers who are acting illegally, McMillin said.
"We also want to make sure that it does not create the incentive for people to think that it's OK to go out and use force against law enforcement officers," he said.
The Senate version would allow residents to resist if the police officer wasn't identified or on official duty. Officers would be allowed to enter homes when they have court warrants, are chasing a criminal suspect, believe someone inside is in danger or have permission from the residents. * * *
Republican Sen. Michael Young of Indianapolis, who sponsored the bill in the Senate, said he worried the changes would leave too much potential gray area for both residents and police officers about what they could do.
Posted by Marcia Oddi on February 21, 2012 08:59 AM
Posted to Indiana Law