Mitch Daniels on Senate Enrolled Act 1

Dear Mr. Mercer,
 
I appreciate your thoughts and input on Senate Enrolled Act 1. This was one of the closest and hardest calls I've ever made before signing a bill. 
 
I neither proposed nor supported the legislation when it was offered in the General Assembly. I did study it very closely when it came to me. Based on what I'd heard, I was surprised to discover that this law increases rather than reduces the legal protection of law enforcement officers. The law enforcement associations with whom I communicated agree on this point. But, ironically, the law could have the reverse effect if its meaning is misreported or misunderstood.
 
I have been a consistent supporter of law enforcement throughout my tenure as governor, and have benefited from the strongest possible relationships with those who represent our police and other professionals. I understand and share their concerns about misperceptions. I will do all I can as long as I am in this job to make the real effects clear, and to continue supporting the brave people of Indiana law enforcement every way I can.
 
Attached is the statement that I issued at the time I signed the bill. 
 
Thank you for your citizenship.
 
Sincerely,
 
Mitch Daniels

Now here is the "SEA 1 statement.doc" file that was attached.

MEDIA ADVISORY
March 21, 2012

Governor signs SEA 1; final 2012 Bill Watch update

Tuesday evening, Governor Daniels signed SEA 1, titled “Right to defend against unlawful entry.” He issued the following statement about his decision to sign the bill:

“After close inspection, I have decided to sign Senate Enrolled Act 1. Contrary to some impressions, the bill strengthens the protection of Indiana law enforcement officers by narrowing the situations in which someone would be justified in using force against them. Senate Enrolled Act 1 puts into place a two-part test before a person can use deadly force against a law enforcement officer:  First, it clarifies and restates the current requirement that a person reasonably believe the law enforcement officer is acting unlawfully. Second, it adds that the force must be reasonably necessary to prevent serious bodily injury to the citizen. This second requirement is not part of the current law.

“Moreover, unless a person is convinced an officer is acting unlawfully, he cannot use any force of any kind. In the real world, there will almost never be a situation in which these extremely narrow conditions are met.

“So as a matter of law, law enforcement officers will be better protected than before, not less so.  What is troubling to law enforcement officers, and to me, is the chance that citizens hearing reports of change will misunderstand what the law says. 

“Today is an important day to say: Indiana’s outstanding law enforcement officers put their lives on the line every day to protect all Hoosiers. The right thing to do is cooperate with them in every way possible. This law is not an invitation to use violence or force against law enforcement officers. In fact, it restricts when an individual can use force, specifically deadly force, on an officer, so don’t try anything.  Chances are overwhelming you will be breaking the law and wind up in far worse trouble as a result.”

This was the final bill of the 2012 session requiring the governor’s action. Bill Watch has been updated at this link: http://www.in.gov/gov/billwatch.htm

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Media contacts:          

Jake Oakman, 317/232-1800, joakman@gov.in.gov

Trevor Kight, 317/233-4721, tkight@gov.in.gov

Indiana General Assembly, Governor Mitch Daniels Stand Firm for Hoosier Civil Liberties as Misinformation Campaign Continues

lease Thank Governor Daniels, Senate and House Leadership, and Senate Bill 1’s Authors and Sponsors for their Dedication to Protecting the Civil Liberties of ALL Hoosiers

On March 9, the Indiana General Assembly voted overwhelmingly to reaffirm lawful Hoosiers’ civil liberties disregarded by last year’s state Supreme Court decision, Barnes v. State of Indiana (2011).  On Tuesday, March 20, Governor Mitch Daniels signed Senate Bill 1 into law, reaffirming constitutional rights and the rule of law in Indiana.

Overturning the effects of the Barnes decision was no easy task, especially when bloggers launched a vicious smear campaign that grievously misrepresented the bill language.  This resulted in a severely misinformed public, including many rank-and-file law enforcement officers.

SB 1 was supported by the Indiana Sheriffs’ Association, Indiana Prosecuting Attorneys Council, Indiana Public Defender Council and Indiana Attorney General Greg Zoeller.  That such law enforcement and legal entities joined together to support SB 1 speaks to the bill’s integrity as a law which protects both the rights of lawful citizens and law enforcement officers.

Prosecuting attorneys and public defenders alike testified that SB 1 reads nearly word-for-word identical to the Castle Doctrine language that passed overwhelmingly in both legislative chambers and was signed into law in 2006.  Both groups acknowledged that the only change in SB 1 from this Castle Doctrine law is an added protection for police officers that did not exist in the 2006 law.

Several members of the Indiana General Assembly deserve our appreciation for their particular steadfastness in protecting Hoosiers’ civil liberties.  If not for the dedicated efforts by state Senator Brent Steele (R-44), who began the entire process by chairing a summer study committee to study the methods by which to fix the court's decision, the bill author, state Senator Michael Young (R-35) and House sponsor, state Representative Jud McMillin (R-68), Indiana self-defense law and Fourth Amendment rights would not have been properly reaffirmed this year.

Additionally, state Representatives Greg Steuerwald (R-40) – Rep. McMillin’s second House conferee on the final version of the bill -- and Ryan Dvorak (D-8) worked closely with Rep. McMillin to craft the critical House amendment which merited endorsement by the NRA and the above legal and law enforcement entities. The House amendment received critical backing on the Senate floor from Senators Brent Steele, Randy Head (R-18), Travis Holdman (R-19) and Jim Buck (R-21). Senator Mike Delph (R-29) served as the second Senate conferee with author Mike Young.

The NRA would especially like to thank Senate President David Long (R-16) and House Speaker Brian Bosma (R-88) for their leadership and support in seeing the bill through the entire process.

Senate Bill 1 passed in the state Senate 38 to 12; the Indiana House passed it by a 67 to 26 vote.

In his signing statement released Wednesday morning, Governor Mitch Daniels stated, "contrary to some impressions, the bill strengthens the protection of Indiana law enforcement officers by narrowing the situations in which someone would be justified in using force against them."

Governor Daniels went on to explain, "So as a matter of law, law enforcement officers will be better protected than before, not less so."  This act took effect immediately upon the Governor’s signature.  To view the Governor’s statement, please click here.

The National Rifle Association would like to express its sincerest thanks to all who supported this legislation and stood up for the civil liberties of Indiana citizens, and would encourage you to do the same. 

Please click here to read some important factual information about Senate Bill 1.

Governor Mitch Daniels Signs Into Law Charity Gaming Bill Benefitting Friends of NRA Banquets

Please Thank Governor Daniels for Supporting this Important Legislation

Today, Governor Mitch Daniels signed into law legislation that clarifies and simplifies the licensing and reporting process for charity gaming events, including “Friends of NRA” banquets.  Senate Bill 315 passed in the Senate unanimously and passed the House of Representatives by an overwhelming, 76-19 vote.

This legislation, authored by state Senator Randy Head (R-18) and sponsored by state Representative Mark Messmer (R-63), will streamline the licensing and reporting process for charity gaming events, such as “Friends of NRA” banquets, by:

1. Establishing one comprehensive charity gaming license for national organizations and foundations for use by their local affiliates;
2. Removing the current six-to-nine week application process and requiring in its place a 21-day notification to the Indiana Gaming Commission prior to an event; and
3. Allowing qualified organizations and foundations to "police their own" by removing requirements to turn over volunteers' personal information to the Indiana Gaming Commission.

These policy changes will greatly improve the ability of “Friends of NRA” committees to comply with Indiana charitable gaming laws in a timely and less cumbersome fashion, while protecting the personal information of “Friends of NRA” volunteers.

As many NRA members well know, “Friends of NRA” banquets play a critical role in raising grant money to support education, safety, and training programs in communities across the Hoosier State, such as the Boy Scouts, 4H clubs, and local law enforcement groups. Unfortunately, some “Friends of NRA” chapters had difficulties holding banquets in 2011, which resulted in a net loss of approximately $100,000 in money that cannot be used for these Indiana groups.

The NRA appreciates Governor Mitch Daniels’ support of SB 315.  Please contact the Governor to thank him for signing SB 315 into law. You can e-mail the governor by clicking here.