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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. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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