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Barnes panel OKs proposed law changes

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A legislative study committee has approved proposed changes to state law that it hopes the Indiana General Assembly will consider in response to a state Supreme Court decision earlier this year.

On Thursday, the committee studying the justices’ controversial Barnes v. State decisions passed language that would clarify state statute involving when residents have the right to reasonably resist police who are entering their homes.

As currently written, the committee’s draft legislation permits a homeowner to use reasonable force in resisting a police officer’s unlawful entry into a residence if that homeowner does not have actual knowledge that the officer is an officer or if that officer isn’t engaged in official duty. The legislation notes that even then, violent force should be used to prevent unlawful entry only if there is no other adequate alternative.

The draft legislation does not allow homeowners to resist if a police officer enters in cases of hot pursuit; if that officer has a warrant, suspects domestic violence or has reasonable belief that someone inside the house is at risk of physical harm; if at least one resident invites an officer inside and there’s no other objection from any adults inside; and pursuit of a criminal committing or escaping after the commission of a crime.

“Our draft legislation allows statutory defense for homeowners in specific situations of unlawful home entry by law enforcement,” said Sen. Brent Steele, R-Bedford, the lawyer-lawmaker who chaired the four-person panel established in June. “It was this panel’s goal to make a suggestion that would protect both homeowners and police officers, reducing the potential for violence and respecting the private property of citizens.”

The Supreme Court in May issued a ruling that said Indiana residents have no common law right to resist police entering their homes. The Vanderburgh County case involved Richard Barnes, who’d been convicted of resisting police and battery on an officer that stemmed from a 911 call about possible domestic violence. Barnes didn’t want police entering his home after they arrived on the scene and he resisted when they tried to enter. The justices determined Barnes had no common law right to commit battery or resist. In September, they issued a second ruling that clarified their holding to mean that even Indiana’s castle doctrine allowing homeowners the right to protect their residences doesn’t offer a defense to resistance or battery on an officer.

The three committee members present at Thursday’s meeting supported the proposed changes – Steele, Sen. Tim Lanane, D-Anderson, and Rep. Linda Lawson, D-Hammond. Member Rep. Eric Turner, R-Cicero, wasn’t at the meeting. Those attending said these changes are a work in progress and that more revisions could be made during the regular session that starts in January.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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