Bill creating 25-foot zone between police and civilians draws criticism from ACLU

A bill that could make it harder for people to observe law enforcement interactions is raising concerns with the American Civil Liberties Union of Indiana over police accountability.

House Bill 1186, which breezed through its first legislative test, would consider a person who “knowingly or intentionally” approaches within 25 feet of a law enforcement officer after being ordered to stop as encroaching on an investigation. The crime would become a Class C misdemeanor.

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The bill on Wednesday passed unanimously out of the House Courts and Criminal Code Committee with little debate among all 13 committee members, and support from law enforcement.

What did the ACLU say about House Bill 1186?

Policy officials with the ACLU, however, worry the proposal may instead be used to prevent civilians from observing police officers, possibly tamping efforts to hold them accountable.

“In recent years, there have been numerous tragic deaths at the hands of police that were observed and recorded by civilian bystanders and that has been critical to pushing back on unchecked police brutality,” Katie Blair, director of advocacy and public policy at the ACLU of Indiana, told IndyStar. “Just as long as you do not interfere with what officers are doing and do not stand close enough to obstruct their movements, you have the right to observe and record events that are plainly visible in public spaces.”

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Perhaps the most high-profile example of police brutality captured by bystanders in the past few years occurred during the murder of George Floyd, who was seen pinned under the knee of former Minneapolis police officer Derek Chauvin. The video, taken with a teen on her cellphone, depicted an opposite account of what Minneapolis police said occurred in the moments leading up to Floyd taking his last breath.

Arguments for and against House Bill 1186

Rep. Mitch Gore, D-Indianapolis and a captain with the Marion County Sheriff’s Office, during the committee hearing acknowledged the video of George Floyd’s death gave him pause while considering the bill, but said he believes technology is advanced enough to capture anything from 25 feet away.

“(The people recorded) right on the officer that murdered George Floyd, and that contributed to how visceral the video was and the public outcry and I think that’s important,” Gore said. “I think technology is in a place where I don’t think we’ll miss much of what’s happening in some of these scenes from your average cellphone, so I kind of got over that part.”

He noted that if the law is used to thwart a person’s ability to record or document law enforcement interactions, he’ll bring the issue back to lawmakers.

Zach Stock, of the Indiana Public Defender Council, argued the state already has laws to create a buffer between police and citizens, such as laws about interfering with law enforcement.

He further argued if the bill must pass, make the penalty a ticket, versus an arrestable offense.

Police officials countered that the proposed law would give officers legal precedent to create room between investigators and civilians.

“It’s easy to get lost kind of lost in the weeds, like what is 25 feet? Or how does this make your job better?” said Ed Merchant, of Indiana’s Fraternal Order of Police. “It makes the job better because now we have legal authority to tell a person to get back 25 feet.”

Rep. Wendy McNamara, R-Evansville, said her goal is to avoid more chaos at crime scenes by giving officers a law that creates a buffer.

“If there’s something that we can do from preventing that escalation, preventing the officer from being touched by someone who’s not even involved in the situation, I hope that this bill is the one to do it.”

Rep. Robin Shackleford, D-Indianapolis, concurred with the committee the bill creates safety for police and civilians, and quipped about a new slogan.

“25 to stay alive,” she joked.

House Bill 1186 is up for a vote in the Indiana House after passing the Committee on Courts and Criminal Code unanimously.

Contact Sarah Nelson at 317-503-7514 or sarah.nelson@indystar.com

This article originally appeared on Indianapolis Star: ACLU criticizes Indiana bill creating 25-foot zone around police