Indiana House of Representatives passes amended police entry legislation

A state bill aiming to give residents limited rights to resist police officers who enter their homes illegally was passed by the Indiana House of Representatives on Thursday with several amendments.

Senate Bill 1’s original author, Sen. Mike Young, R-Indianapolis, dissented to the House’s changes Monday.

A conference committee is expected to hear the bill today.

While Young was not available for comment, Rep. Jud McMillin, R-Brooksville, said he and Young are working closely with law enforcement agencies to solidify the bill’s objective before it is enacted. In the House, McMillin sponsored the amendments, which passed 74-24.

“It’s a completely different bill after it came out of the House than it was when it came out of the Senate,” McMillin said. “There’s not a thing about it that’s the same now. It’s a completely different bill.”

The bill is a direct response to the Indiana Supreme Court decision in Barnes v. State of Indiana.

In that case, an Ellettsville, Ind., man resisted a police officer who entered his home after receiving a call about domestic disturbance. Although he was not charged with any other crimes, the man was charged with battery of a police officer for resisting.

The state’s highest court ruled that a citizen never has the right to resist an officer in pursuit of an investigation. But state lawmakers disagree.

With the state’s self-defense statute for unlawful entry already in place, McMillin said S.B. 1 would further clarify that citizens have the right to resist an officer who enters their home illegally.

“As a legislative body, I don’t think we are willing to sit back and to say it is appropriate to prohibit people from resisting unlawful actions that are happening,” McMillin said. “So we’re going to pass something to address that issue.”

But law enforcement officials across the state, including Bloomington Police Capt. Joe Qualters, have found the bill problematic since it was first drafted.

After the conference committee, the bill will return to the floor of the House and the Senate. Both chambers must agree with the final language of the bill before it reaches Gov. Mitch Daniels’ desk.

— Mark Keierleber