ILNews

Barnes-inspired legislation passes Senate on 3rd reading

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The legislation created in response to a controversial Indiana Supreme Court ruling last year regarding defending against unlawful entry was approved 45-5 by the Senate on third hearing Monday.

The introduced version of Senate Bill 1 was prepared by the Legislative Council Barnes v. State Subcommittee last summer. The bill allows a person to resist the unlawful entry into a dwelling by a law enforcement officer under certain conditions. Legislators decided to take a look at Indiana law after the Supreme Court ruled in Barnes v. State that the right to reasonably resist an unlawful police entry into a home is no longer recognized under state law.

Senate Bill 32, which deals with guardianship of a minor who hasn’t been adjudicated an incapacitated person, is also before the House Monday on third reading.

Senate Bill 286, which deals with various matters involving the Department of Child Services; and Senate Bill 18, which changes the duty to provide child support to stop when the child turns 19 instead of 21, with educational need exceptions, are before the House Monday on second reading.

The House Judiciary Committee met Monday morning to discuss four bills: HB 1049 on problem solving courts; HB 1092 on adding a Johnson Superior Court judge; HB 1206 on third-party lawsuit lending; and HB 1133 on rights of publicity.

On Tuesday, the Senate Tax and Fiscal Policy Committee will meet at 8:30 a.m. to discuss several bills, including SB 293 on changes to the inheritance tax. At 9:30 a.m., the Senate committee on Corrections, Criminal and Civil Matters will discuss five bills: SB 234 on synthetic drugs; SB 97 on public intoxication; SB 376 on the discharge of long-term inmates; SB 347 on marijuana offenses; and SB 96 on theft.

The Senate Judiciary Committee will meet Wednesday to hear nine bills, including SB 235 on a pro bono legal services fee; SB 246 on lab technician testimony in criminal cases; and SB 152, which adds a second full-time magistrate judge in Allen Circuit Court.

To view the status of legislation, visit the General Assembly’s website.

 

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  • REASONABLE RESISTENCE TO LAW ENFORCEMENT IS AN ILLUTION.
    Allowing reasonable resistance to law enforce is not a workable concept. Any resistance would be met with greater force, and the likelihood of serious injury to an officer or to a citizen would be increased. Leave the remedy to be worked out by the courts are all facts are known.

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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