CHAPTER 8. LAW ENFORCEMENT
IC 14-9-8
Chapter 8. Law Enforcement
IC 14-9-8-1
Repealed
(Repealed by P.L.26-2008, SEC.19.)
IC 14-9-8-2
"Division" defined
Sec. 2. As used in this chapter, "division" refers to the lawenforcement division.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-3
Organization of division
Sec. 3. The law enforcement division shall be organized inconformity with rules adopted by the commission.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-4
Purchases
Sec. 4. The department shall purchase all property, supplies, andequipment for the division.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-5
Compensation of director and conservation officers
Sec. 5. The salaries and compensation of the division director andthe conservation officers shall be fixed by the director and approvedby the budget agency as provided by Indiana law.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-6
Appointment of director
Sec. 6. The governor shall appoint the director of the division inaccordance with a recommendation of the director. The divisiondirector:
(1) is in charge of the division and has general supervision ofthe work of the division;
(2) serves at the pleasure of the governor;
(3) shall be selected on the basis of training and experience; and
(4) must have had at least five (5) years experience in asupervisory capacity in a law enforcement agency closelyassociated with conservation to equip the division director forthe position.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-7
Duties of director
Sec. 7. (a) The division director shall, with the approval of the
director, do the following:
(1) Establish classification of ranks, grades, and positions in thedivision.
(2) Designate the authority and responsibility of each rank.
(3) For each rank, grade, and position, set standards ofqualifications and fix the prerequisite of training, education,and experience.
(b) The division director may, with the approval of the director,designate the rank, grade, and position to be held by each employeeof the division. The division director may assign and reassign eachemployee of the division to serve at the stations and perform theduties that the division director designates.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-8
Recommendations for appointment
Sec. 8. The division director shall, with the approval of thedirector, recommend to the governor the appointment of personnelto the ranks, grades, and positions within the division. Allappointments must meet the following conditions:
(1) Be consistent with the prescribed standards andprerequisites of the division.
(2) Be made to the ranks, grades, and positions of the divisionin a manner that creates and maintains, as near as possible in theranks, grades, and positions, a personnel force of which notmore than fifty percent (50%) are members of one (1) politicalparty. If any of the ranks, grades, or positions contain at anytime more than fifty percent (50%) who are members of one (1)political party, a member of that party may not be appointed orpromoted to that rank, grade, or position as long as thatcondition exists.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-9
Political activities not to be required
Sec. 9. An officer appointee or a conservation officer of thedivision may not be ordered in any manner to do any of thefollowing:
(1) Engage in the activities or interest of any of the following:
(A) A political party.
(B) A candidate for public office.
(C) A candidate for nomination to public office.
(2) Participate in any manner in a political campaign for thenomination or election of candidates to public office.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-10
Worker's compensation
Sec. 10. (a) Injury, death, or occupational disease of aconservation officer arising out of and during the course of the
performance of the officer's duties as a conservation officer iscompensable under IC 22-3.
(b) For the purposes of this chapter and IC 22-3, all conservationofficers are conclusively presumed to have accepted thecompensation provisions of IC 22-3.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-11
Training and examinations
Sec. 11. (a) The division director shall, with the approval of thedirector, organize and conduct a training school for officercandidates and other employees of the division. A conservationofficer may not be assigned to regular active duty until the officerhas received training and successfully passed a course prescribed bythe division director. The division director shall periodicallyprescribe and conduct supplemental training courses for allconservation officers of the division.
(b) The division director shall devise and administer examinationsdesigned to test applicants in the qualifications required for the rank,grade, or position. Only those applicants who best meet theprerequisites may be appointed.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-12
Probationary employees
Sec. 12. All new conservation officers appointed to the divisionare probationary employees for one (1) year from the date ofappointment.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-13
Ineligibility for reappointment
Sec. 13. A person who:
(1) is discharged from the division; or
(2) withdraws before the completion of two (2) years of dutyfrom date of appointment;
is not eligible for reappointment.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-14
Discharge, demotion, or suspension
Sec. 14. (a) The division director may, with the approval of thedirector, discharge, demote, or temporarily suspend an employee ofthe division, for cause, after preferring charges in writing.
(b) An employee who is discharged or demoted is entitled to apublic hearing before the department if the employee demands ahearing within ten (10) days after receiving notice of the charges.The employee may be represented by counsel.
(c) The findings of the department are final, except that theemployee may appeal to the appropriate court. (d) A probationary employee may be discharged without chargesbeing made and is not entitled to a hearing.
(e) A conservation officer may not be discharged because ofpolitical affiliation.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-15
Uniforms and equipment
Sec. 15. (a) The department shall provide the conservationofficers of the division the uniforms and equipment necessary to theperformance of their duties. All uniforms and equipment remain theproperty of the state.
(b) The division director shall, with the approval of the director,charge against an employee of the division the value of property lostor destroyed through carelessness or neglect of the employee. Thevalue of the equipment shall be deducted from the pay of theemployee.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-16
Powers and duties of conservation officers
Sec. 16. (a) A conservation officer of the division:
(1) has all necessary police powers to enforce the naturalresources laws; and
(2) may, without warrant, arrest a person for a violation of thoselaws when committed in the officer's presence.
(b) A conservation officer shall do the following:
(1) Detect and prevent violations of natural resources laws.
(2) Enforce natural resources laws and rules.
(3) Perform other related duties that are imposed uponconservation officers by law.
(c) A conservation officer has the same power with respect tonatural resources matters and the enforcement of the laws relating tonatural resources laws as have law enforcement officers in theirrespective jurisdictions. A warrant of arrest or search warrant issuedby proper authority may be executed by a conservation officer in anycounty.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-17
Police and arrest powers
Sec. 17. A conservation officer:
(1) is a law enforcement officer under IC 9-13-2-92 andIC 35-41-1-17 and has the power to enforce Indiana laws andwithout warrant to arrest for the violation of any of those lawswhen committed in the officer's presence;
(2) is a police officer under IC 9-13-2-127;
(3) has the power of law enforcement officers to arrest underIC 35-33-1-1; and
(4) has the power to enforce Indiana laws and may exercise all
powers granted by law to state police officers, sheriffs, andmembers of police departments.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-18
Carrying arms
Sec. 18. (a) A uniformed conservation officer shall carry arms inthe performance of the officer's duty.
(b) A nonuniformed conservation officer may carry arms in theperformance of the officer's duty.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-19
Obstructing, hindering, or interfering with director, officer, oremployee
Sec. 19. A person who knowingly obstructs, hinders, or interfereswith:
(1) the director;
(2) the division director;
(3) a conservation officer; or
(4) an employee or agent of the division of fish and wildlife;
in lawful discharge of the individual's duty in the enforcement of thischapter commits a Class C misdemeanor.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-20
Cooperation with law enforcement officers; investigations
Sec. 20. The division shall do the following:
(1) Cooperate with the law enforcement officers of the state inthe detection of the violation of Indiana natural resources laws.
(2) Conduct investigations as necessary to secure the evidencethat may be essential to the conviction of alleged violators ofIndiana natural resources laws.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-21
Conservation officers fish and wildlife fund
Sec. 21. (a) As used in this section, "fund" refers to theconservation officers fish and wildlife fund established by thissection.
(b) The conservation officers fish and wildlife fund is established.The department shall administer the fund. The department mayexpend the money in the fund exclusively for special lawenforcement investigations of fish and wildlife violations. Theexpenditures authorized under this subsection include the purchaseand repair of decoys (as defined in IC 14-22-40-2).
(c) The expenses of administering the fund shall be paid frommoney in the fund.
(d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund. However, if the amount of money in
the fund at the end of a state fiscal year exceeds thirty-five thousanddollars ($35,000), the treasurer of state shall transfer the excess fromthe fund into the fish and wildlife fund.
As added by P.L.1-1995, SEC.2. Amended by P.L.133-1996, SEC.6.
IC 14-9-8-21.5
Conservation officers marine enforcement fund
Sec. 21.5. (a) As used in this section, "fund" refers to theconservation officers marine enforcement fund established by thissection.
(b) The conservation officers marine enforcement fund isestablished. The department shall administer the fund. Thedepartment may expend the money in the fund exclusively for marineenforcement efforts associated with recreational boating on Indianawaters, including uses described in IC 14-9-9-5.
(c) The fund consists of money from the lake and riverenhancement fee paid by boat owners and deposited underIC 6-6-11-12(c)(2). Money deposited in the fund is annuallyappropriated and allotted to the department to carry out the purposesof this section. The expenses of administering the fund shall be paidfrom money in the fund.
(d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund. However, the department maytransfer from the fund to the counties with special boat patrol needsfund (IC 14-9-9-5) an amount that does not exceed twenty percent(20%) of money deposited into the fund.
As added by P.L.233-2003, SEC.4.
IC 14-9-8-22
Retirement of conservation officers
Sec. 22. Whenever a conservation officer retires after at leasttwenty (20) years of service, the department shall, in recognition ofthe officer's service to the department, do the following:
(1) Permit the officer to retain the standard hand serviceweapon the department issued to the officer.
(2) Issue the officer a badge that indicates the officer is a retiredconservation officer.
(3) Issue the officer an identification card that contains thefollowing information:
(A) The name of the department.
(B) The name of the officer.
(C) The officer's rank in the department.
(D) That the officer is retired.
(E) That the officer is authorized to retain the serviceweapon issued to the officer by the department.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-23
"Turn in a poacher" program
Sec. 23. (a) The "turn in a poacher" program is established within
the division for the purpose of encouraging citizen participation indeterring the unlawful taking or possession of game, fish, ornongame wildlife.
(b) Under the program the department shall accomplish thepurpose set out in subsection (a) by doing the following:
(1) Providing a toll free telephone service.
(2) Developing and conducting a publicity campaign for theprogram.
(3) Conducting investigations initiated through citizenparticipation in the enforcement of game, fish, and nongamewildlife laws.
(4) Approving and coordinating reward payments.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-24
Persons authorized to enforce fish and wildlife laws
Sec. 24. The director may authorize a person who is not aconservation officer to enforce Indiana fish and wildlife laws as ifthe person were a conservation officer under the followingconditions:
(1) The person must be a full-time law enforcement officer inIndiana or a full-time conservation law enforcement officerfrom another state, the United States, or Canada.
(2) The person's employer must agree, in writing, to continuethe person's level of compensation, including all insurance,medical, retirement, and other benefits, and must agree that noadditional compensation or benefits will be paid by the state.
(3) The authorization may not be for longer than ninety (90)days, but the authorization may be renewed.
(4) The authorization must relate to a specific problem oroperation.
(5) The authorization must be in writing.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-25
Conservation officers authorized to work with law enforcementagencies
Sec. 25. The director may authorize a conservation officer to worktemporarily with a law enforcement agency in Indiana, another state,or Canada under the following conditions:
(1) The authorization may not be for longer than thirty (30)days, but the authorization may be renewed.
(2) The authorization must relate to a specific problem oroperation.
(3) The authorization must be in writing.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-26
Repealed
(Repealed by P.L.2-1996, SEC.297.)
IC 14-9-8-27
Conservation reserve officer assisting in enforcement of watercraftlaws
Sec. 27. (a) A conservation reserve officer may be appointed toassist the division in the enforcement of watercraft laws and for noother purpose. A conservation reserve officer must be appointed inthe same manner that a conservation officer is appointed.
(b) A conservation reserve officer:
(1) may not be a conservation officer;
(2) has the police powers of a conservation officer to enforcewatercraft laws, except as limited by the rules of thedepartment;
(3) to the extent that money is appropriated for a purpose listedin this subdivision, may receive:
(A) a uniform allowance;
(B) compensation for time lost from other employmentbecause of court appearances;
(C) insurance for life, accident, and sickness coverage;
(D) compensation for lake patrol duties that the divisiondirector assigns and approves for compensation; or
(E) any combination of benefits specified in clauses (A)through (D);
(4) is not eligible to participate in a pension program providedfor conservation officers;
(5) may not be appointed until completion of the following:
(A) A minimum of forty (40) hours of general reserve officertraining.
(B) A minimum of twelve (12) hours in addition to thetraining under subdivision (A) in the enforcement ofwatercraft laws.
(C) A probationary period specified by rule of thedepartment;
(6) may not:
(A) make an arrest;
(B) conduct a search or seizure of a person or property; or
(C) carry a firearm;
unless the conservation reserve officer successfully completesa pre-basic course under IC 5-2-1-9(f); and
(7) may be covered by the medical treatment and burial expenseprovisions of the worker's compensation law (IC 22-3-2 throughIC 22-3-6) and the worker's occupational diseases law (IC22-3-7).
If compensability of an injury covered under subdivision (7) is anissue, the administrative procedures of IC 22-3-2 through IC 22-3-6and IC 22-3-7 must be used to resolve the issue.
(c) A conservation reserve officer carrying out lake patrol dutiesunder this chapter is immune from liability under IC 34-30-12,notwithstanding the payment of compensation to the conservationreserve officer.
(d) The department may adopt rules under IC 4-22-2 to implement
this section and to limit the authority of conservation reserveofficers.
As added by P.L.2-1996, SEC.252. Amended by P.L.1-1998,SEC.109.
IC 14-9-8-28
Salaries
Sec. 28. (a) The natural resources commission shall categorizesalaries of enforcement officers within each rank based upon the rankheld and the number of years of service in the department through thetwentieth year. The salary ranges that the commission assigns to eachrank shall be divided into a base salary and twenty (20) incrementsabove the base salary with:
(1) the base salary in the rank paid to a person with less thanone (1) year of service in the department; and
(2) the highest salary in the rank paid to a person with at leasttwenty (20) years of service in the department.
(b) The salary matrix prescribed by this section shall be reviewedand approved by the state budget agency before implementation.
(c) The salaries for law enforcement officers of the lawenforcement division of the department must be equal to the salariesof police employees of the state police department underIC 10-11-2-13, based upon years of service in the department andrank held.
(d) The requirement of subsection (c) does not affect:
(1) any rights or liabilities accrued; or
(2) any proceedings begun;
on or before June 30, 1999. Those rights, liabilities, and proceedingscontinue and shall be imposed and enforced under prior civil law andprocedure as if the requirement of subsection (c) had not beenenacted.
As added by P.L.2-1996, SEC.253. Amended by P.L.206-1999,SEC.1; P.L.2-2003, SEC.42; P.L.234-2007, SEC.307.