April 25, 2023 Under the new law, which goes into effect July 1, Indiana police and firefighters can order onlookers to stay a minimum of 25 feet away to clear an emergency scene or stop approaching bystanders.
By Dan Carden Source The Times, Munster, Ind. Distributed by Tribune Content Agency, LLC.
When an Indiana police officer or firefighter requests the public to stand back from an arrest in progress or a crime or fire scene, there soon will be no question of how far away people should stand.
A state law signed last week by Republican Gov. Eric Holcomb sets a minimum bystander distance of 25 feet beginning July 1.
House Enrolled Act 1186 does not obligate police officers and firefighters to keep onlookers at least 25 feet away if they feel no need to do so.
It simply sets 25 feet as the minimum bystander distance if a police officer orders a person to stop approaching when the officer is lawfully engaged in the execution of his or her official duties.
Likewise, the new law specifies that police and firefighters are entitled to clear an area 25 feet away from an any emergency incident, such as a car crash or fire, or a greater distance if the area is marked using flags, barricades or emergency tape.
According to the new law, a person who continues encroaching on an investigation after being advised by public safety personnel to keep back can be arrested and charged with a Class C misdemeanor, punishable by up to 60 days in jail and a $500 fine.
Supporters of the new law, including Rep. Jim Pressel, R- Rolling Prairie, said it will improve officer and public safety by preventing distractions that potentially could give criminal suspects an opportunity to pull out a gun or attempt to flee from police.
Those claims were backed by representatives of a variety of police organizations who told lawmakers during committee hearings that officers often struggle to do their jobs when the public approaches them and demands to immediately know the legal basis for an arrest or traffic stop.
Meanwhile, opponents said it wrongly aims to shield officers from appropriate public scrutiny and recording of their actions in the wake of the 2020 police murder of George Floyd in Minneapolis.
Rep. Mitch Gore, D-Indianapolis, a captain in the Marion County sheriff’s office, said he’s confident that newer mobile phones are quite capable of filming police in action from at least 25 feet away, but the state’s focus on police deescalation training over the past three years makes anything worth recording less likely to occur.
The Republican-controlled Legislature approved the measure 68-26 in the House and 32-10 in the Senate.