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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. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  5. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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