Fabio
102 lines
8.4 KiB
Markdown
102 lines
8.4 KiB
Markdown
---
|
||
type: "Bill"
|
||
title: "Security of property and meeting decorum."
|
||
description: "Allows the governing bodies of certain local government agencies (local agencies) to adopt rules or policies governing the conduct of meetings. Provides that a rule or policy may provide that the presiding member of the governing body of the local agency may: (1) issue warnings to disruptive attendees and direct them to leave the meeting on the third warning; and (2) direct a law enforcement officer to remove disruptive attendees. Provides that the rules and policies must be posted at the meeting entrance or announced before taking public testimony. Specifies that a provision of the tort claims law providing immunity to a government entity or employee in adopting and enforcing a law or rule applies. Provides that a person commits criminal trespass by knowingly or intentionally: (1) entering a locked area without permission; or (2) refusing to leave an area not publicly accessible after being asked to leave by a law enforcement officer or agent of the property owner or operator. Specifies that: (1) the public access counselor serves at the pleasure of the governor; and (2) when issuing an advisory opinion, the public access counselor may consider only the plain text of the public access laws and valid Indiana court opinions. Provides that a committee appointed directly by the governing body or a governing body's designee does not constitute a governing body that is subject to the open door law if the committee: (1) is appointed for the sole purpose of receiving information, deliberating, or making recommendations to the governing body; and (2) has not more than one member of the governing body as a member."
|
||
jurisdiction: "us/states/in"
|
||
legislature: "Indiana General Assembly"
|
||
session: "2024"
|
||
identifier: "HB 1338"
|
||
citation: "Indiana HB 1338 (2024)"
|
||
classification: ["bill"]
|
||
subjects: ["AGENCIES; Public Access Counselor (PAC)", "CIVIL LAW AND PROCEDURE; Immunity and Exemption from Liability", "CRIMINAL LAW AND PROCEDURE; Offenses Against Public Health", "Order", "and Decency", "LAW ENFORCEMENT; Generally", "LOCAL GOVERNMENT; Generally", "PUBLIC HEARINGS AND MEETINGS"]
|
||
status: "enacted"
|
||
primary_sponsors: ["J.D. Prescott", "Jeff Raatz", "Scott Alexander", "Scott Baldwin"]
|
||
version_count: 6
|
||
action_count: 32
|
||
vote_count: 3
|
||
first_action: "2024-01-10"
|
||
last_action: "2024-03-18"
|
||
source: "openstates"
|
||
source_identifier: "ocd-bill/87f90c5b-47f5-442d-b2f9-d55bfc866d60"
|
||
source_url: "https://api.iga.in.gov/2024/bills/hb1338"
|
||
source_hash: "487161caa94e8cfdaae20f4ca291df5ea1e2cfd8e0d63b33cb625eace8548b37"
|
||
vintage: "2026-07-01"
|
||
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
|
||
retrieved_at: "2026-07-06"
|
||
confidence: "reported"
|
||
tags: ["legislation", "bill", "us-in"]
|
||
---
|
||
|
||
# Indiana HB 1338 (2024) — Security of property and meeting decorum.
|
||
|
||
Allows the governing bodies of certain local government agencies (local agencies) to adopt rules or policies governing the conduct of meetings. Provides that a rule or policy may provide that the presiding member of the governing body of the local agency may: (1) issue warnings to disruptive attendees and direct them to leave the meeting on the third warning; and (2) direct a law enforcement officer to remove disruptive attendees. Provides that the rules and policies must be posted at the meeting entrance or announced before taking public testimony. Specifies that a provision of the tort claims law providing immunity to a government entity or employee in adopting and enforcing a law or rule applies. Provides that a person commits criminal trespass by knowingly or intentionally: (1) entering a locked area without permission; or (2) refusing to leave an area not publicly accessible after being asked to leave by a law enforcement officer or agent of the property owner or operator. Specifies that: (1) the public access counselor serves at the pleasure of the governor; and (2) when issuing an advisory opinion, the public access counselor may consider only the plain text of the public access laws and valid Indiana court opinions. Provides that a committee appointed directly by the governing body or a governing body's designee does not constitute a governing body that is subject to the open door law if the committee: (1) is appointed for the sole purpose of receiving information, deliberating, or making recommendations to the governing body; and (2) has not more than one member of the governing body as a member.
|
||
|
||
## Version chain
|
||
|
||
The bill's text revisions, in order — the diff chain from filing to enrollment.
|
||
|
||
1. **Engrossed House Bill (H)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/123/2024/house/bills/HB1338/HB1338.05.ENGS.pdf)
|
||
2. **Engrossed House Bill (S)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/123/2024/house/bills/HB1338/HB1338.03.ENGH.pdf)
|
||
3. **Enrolled House Bill (H)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/123/2024/house/bills/HB1338/HB1338.06.ENRS.pdf)
|
||
4. **House Bill (H)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/123/2024/house/bills/HB1338/HB1338.02.COMH.pdf)
|
||
5. **House Bill (S)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/123/2024/house/bills/HB1338/HB1338.04.COMS.pdf)
|
||
6. **Introduced House Bill (H)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/123/2024/house/bills/HB1338/HB1338.01.INTR.pdf)
|
||
|
||
## Votes
|
||
|
||
- HB 1338 - Prescott - 3rd Reading — **77–19** (pass) · lower
|
||
- HB 1338 - Baldwin - 3rd Reading — **40–8** (pass) · upper
|
||
- HB 1338 - Prescott — **58–36** (pass) · lower
|
||
|
||
## Sponsors
|
||
|
||
- J.D. Prescott — primary (person)
|
||
- Jeff Raatz — primary (person)
|
||
- Scott Alexander — primary (person)
|
||
- Scott Baldwin — primary (person)
|
||
- Doug Miller — coauthor (person)
|
||
- Jennifer Meltzer — coauthor (person)
|
||
- Jim Pressel — coauthor (person)
|
||
|
||
## Timeline
|
||
|
||
The legislative action history — every referral, reading, and vote.
|
||
|
||
- **2024-01-10** First reading: referred to Committee on Government and Regulatory Reform `reading-1, referral-committee`
|
||
- **2024-01-10** Authored by Representative Prescott
|
||
- **2024-01-16** Committee report: amend do pass, adopted `committee-passage`
|
||
- **2024-01-18** Amendment #1 (Clere) prevailed; voice vote `amendment-passage`
|
||
- **2024-01-18** Second reading: amended, ordered engrossed `reading-2`
|
||
- **2024-01-18** Representative Meltzer J added as coauthor
|
||
- **2024-01-18** Amendment #2 (Torr) prevailed; voice vote `amendment-passage`
|
||
- **2024-01-22** Third reading: passed; Roll Call 24: yeas 77, nays 19 `passage, reading-3, reading-3`
|
||
- **2024-01-22** Senate sponsors: Senators Raatz and Alexander
|
||
- **2024-01-22** Representatives Pressel and Campbell added as coauthors
|
||
- **2024-01-23** Referred to the Senate `referral`
|
||
- **2024-02-05** First reading: referred to Committee on Corrections and Criminal Law `reading-1, referral-committee`
|
||
- **2024-02-22** Senator Raatz removed as sponsor
|
||
- **2024-02-22** Senator Baldwin added as sponsor
|
||
- **2024-02-27** Senator Raatz added as third sponsor
|
||
- **2024-02-29** Committee report: amend do pass, adopted `committee-passage`
|
||
- **2024-03-04** Second reading: amended, ordered engrossed `reading-2`
|
||
- **2024-03-04** Amendment #1 (Pol) failed; voice vote `amendment-failure, failure`
|
||
- **2024-03-04** Amendment #2 (Pol) failed; voice vote `amendment-failure, failure`
|
||
- **2024-03-04** Amendment #3 (Freeman) prevailed; voice vote `amendment-passage`
|
||
- **2024-03-04** Amendment #5 (Baldwin) prevailed; voice vote `amendment-passage`
|
||
- **2024-03-05** Third reading: passed; Roll Call 286: yeas 40, nays 8 `passage, reading-3, reading-3`
|
||
- **2024-03-05** Representative Campbell removed as coauthor
|
||
- **2024-03-05** Representative Miller D added as coauthor
|
||
- **2024-03-05** Returned to the House with amendments `receipt`
|
||
- **2024-03-06** Motion to concur filed `filing`
|
||
- **2024-03-06** House concurred in Senate amendments; Roll Call 302: yeas 58, nays 36
|
||
- **2024-03-18** Public Law 171 `became-law`
|
||
- **2024-03-11** Signed by the President Pro Tempore `passage`
|
||
- **2024-03-11** Signed by the Speaker `passage`
|
||
- **2024-03-18** Signed by the Governor `executive-signature`
|
||
- **2024-03-12** Signed by the President of the Senate `passage`
|
||
|
||
## Source
|
||
|
||
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/87f90c5b-47f5-442d-b2f9-d55bfc866d60`. Confidence: reported (aggregated from official Indiana legislature records).
|
||
|