HB 1254 Summary

• Prohibits Indiana state actors (state agencies, units of government, political subdivisions, and National Guard on state duty) from aiding the United States, federal agencies, or other state actors in investigating, prosecuting, or detaining any person if the state actor knows or reasonably should know the action violates the Due Process Clause of the U.S. Constitution or Due Course of Law Clause of the Indiana Constitution.

• Prohibits Indiana state actors from directly investigating, prosecuting, or detaining any person under a state or federal law that the state actor knows or reasonably should know violates constitutional due process protections.

• Makes knowing or intentional violations of these prohibitions a Class A misdemeanor offense.

• Directs the legislative council to study the extent to which Indiana may opt out of or nullify federal legislation under the Tenth Amendment, identify which federal statutes Indiana should opt out of, and consider whether Indiana should adopt a constitutional amendment regarding opting out of federal legislation (expires December 31, 2017).

• Becomes effective July 1, 2017, with an emergency declaration.