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Committee continues hearing on ‘ag-gag’ bill Tuesday

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The Corrections and Criminal Law Committee will hear six bills Tuesday, including controversial legislation concerning trespassing on agricultural land.

Senate Bill 101 expands the criminal trespass statute by making it a crime to knowingly or intentionally enter the real property of another person without that person’s consent. The bill allows agricultural operators to post a notice that lists prohibited acts that may compromise the operation’s trade secrets or operations. Someone who intentionally or knowingly commits an act at the agricultural operation that is prohibited and listed on that notice commits a Level 6 felony.

The penalty for criminal trespass is raised if certain levels of pecuniary loss result from the criminal trespass.

This is a version of the controversial legislation from 2013 dubbed the “ag-gag bill” that died on the last day of the session. Several groups, including the Hoosier State Press Association and the Hoosier Environmental Council, oppose the bill, believing it is intended to stifle the expression of opinions concerning agricultural processes. The legislation would silence or punish individuals who want to share photos, videos or opinions on how agribusinesses operate and their impact on food safety, employee safety, animal treatment, and other issues, according to the HSPA.

Members of the agricultural community, such as the Indiana Pork Advocacy Coalition, support the legislation

The committee previously discussed the bill at its meeting Jan. 7.
The committee will also hear:

•    SB 169, which outlines when providing a firearm to someone is a Level 6 felony, such as buying a gun with the intent to resell it to someone with the belief that the gun will be used in the commission of a crime.

•    SB 134, which makes it a Level 6 felony for a person to file a false lien or false encumbrance against another person.

•    SB 43 on child seduction and law enforcement officers.

•    SB 170 on sexual misconduct by a service provider with someone who is subject to lawful supervision by the Department of Correction, a court, a probation department, or a community corrections or transition program, or another similar program.

•    SB 251, which amends the law to make it a Level 6 felony to  recklessly, knowingly or intentionally fail to restrain a dog that enters the property of another person, attacks that person, and the attack results in serious bodily injury. Currently, it’s a Level 6 felony only if that attack results in death.
 

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

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  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

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  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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