Courts and Juvenile Justice Webinar – January 28, 2015

On January 28, 2015, from 3-4:30 p.m. ET, the webinar, “Courts and Juvenile Justice,” will be presented by the Office of Juvenile Justice and Delinquency Prevention, in collaboration with the U.S. Department of Justice, the U.S. Department of Education, and the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services.  Content will focus on strategies to prevent youth contact with the juvenile justice system, improving services for confined youth, and supporting juvenile reentry into the community after a period of confinement.

To register, go here.

For additional information about the Supportive School Discipline Initiative, go here.

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SB 46 — Self-defense Circumstances Limited

Senate Bill 46 (2015), if passed, would modify IC 35-41-3-2(g) to further limit when a person is justified in using force against another in self-defense.  The proposed section would not read:

“Notwithstanding sections (c) and (e), a person is not justified in using force if one (1) or more of the following apply:

(1)  The person is committed or is escaping after the commission of a crime.

(2)  The person provokes unlawful action by another person with intent to cause bodily injury to the other person, or

(3)  The person has entered into combat with another person or is the initial aggressor, unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action;

(4)  The person has reached a place of safety after escaping an attack or potential attack and then shortly thereafter: (A) returns to the location of the attack; or (B) seeks out a person involved in the attack.  However, this subdivision does not prohibit a person from using reasonable force in accordance with this section if the location to which the person has returned is the person’s property or residence, or if the person returns with the intent to protect a third person from what the person reasonably believes to be the imminent use of unlawful force.

(5)  The person is pursuing an attacker or trespasser who: (A) has withdrawn or is retreating; and (B) no longer presents an imminent threat to the person.

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SB 32 (2015) — Minor in Package Liquor Store

Senate Bill 32 (2015), if passed, would amend IC 7.1-5-7-11 to make it “lawful for a minor to be on the licensed premises of a package liquor store if the minor is: (1) employed under [certain circumstances defined at IC 7.1-5-7-13]…; or (2) in the company of the minor’s parent or guardian who is at least twenty-one (21) years of age.”

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SB 9 (2015) — Searches of Parolees and Probationers

Senate Bill 9 (2015), if passed, would allow that parole or probation rules could include a term enabling law enforcement officers to search or seize parolees (amending IC 11-13-3-4) or probationers (amending IC 35-38-2-2.3) at any time with or without a warrant and with or without good cause, so long as the search or seizure is not arbitrary, capricious, or conducted solely for the purpose of harassment.

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SB 243 (2015) — Prohibiting Racial Profiling

Senate Bill 243 (2015), if passed, would require that the Indiana Attorney General report every two years to the Indiana General Assembly concerning any complaints alleging racial profiling, including any results of an investigation.

The bill would specifically prohibit racial profiling, which is defined as: “(1) detention; (2) official restraint; or (3) other disparate treatment; of an individual solely on the basis of the racial or ethnic statute of the individual….[R]ace or ethnicity may not be the sole factor in: (1) determining the existence of probable cause to take into custody or to arrest an individual; or (2) constituting a particularized suspicion that an offense has been or is being committed in order to justify the detention of an individual or the investigatory stop of a motor vehicle.”

The law enforcement agencies who would be impacted by this bill include:

  1. A city or town police department,
  2. A town marshall system,
  3. A sheriff’s department,
  4. The State Police Department,
  5. The law enforcement division of the Department of Natural Resources,
  6. The excise police division of the Alcohol and Tobacco Commission,
  7. A state university police department, and
  8. A school resource officer.
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SB 28 (2015) — Driving Test Would Have To Be in English

Senate Bill 28 (2015), if passed, would amend IC 9-24-10-4 to require that “[a]ny written part of the examination for a learner’s permit or driver’s license…must be administered in the English language.  An applicant may not use a translator to take the written part of the examination.”

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House Bill 1059 (2015)

The 2015 General Assembly is underway and we have started looking at some of the bills.  House Bill 1059 (2015) proposes changes to several statutes, which are summarized as:

IC 31-37-2-2 is the status offense of leaving home without permission.  The proposed change would add “or a specific location previously designated by that the child’s parent, guardian, or custodian.”

IC 35-44.1-2-3 —  False Informing as a Class B Misdemeanor — would be modified by adding two new acts:  (1) giving “a false report of an act that would be a crime if committed by an adult,” or (2) giving “false information in the official investigation of the commission of an act that would be a crime if committed by an adult.”

IC 35-44.1-2-5 — Assisting a Criminal as a Class A Misdemeanor — would be modified, in part, as follows:  “[a] person not standing in relation of parent, child, or spouse to another person who: (1) has committed a crime; (2) has committed an act that would be a crime if committed by an adult; or (3) is a fugitive from justice who; with intent to hinder the apprehension or punishment of the other person, harbors, conceals, or otherwise assists the person commits assisting a criminal, a Class A misdemeanor…”

IC 35-45-2-5 — Interference with the Reporting of a Crime — would be modified as follows:  “[a] person who, with the intent to commit, conceal, or aid in the commission of a crime or an act that would be a crime if committed by an adult, knowingly or intentionally interferes with or prevents an individual from: (1) using 911 emergency telephone system; (2) obtaining medical assistance; or (3) making a report to a law enforcement officer; commits interference with the reporting of a crime, a Class A misdemeanor.”

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