A bill filed by a Southwestern Indiana lawmaker that initially allowed for the removal of protesters by "any means necessary" will instead create a summer study committee on the topic, lawmakers said.
Before the Senate Local Government committee heard Senate Bill 285 about a month ago, committee chair Sen. James Buck (R-Kokomo) said they had received many phone calls and emails in opposition of the bill and none in support.
The bill, written by state Sen. Jim Tomes (R-Wadesville), initially required public officials to clear blocked roadways of protesters within 15 minutes. Tomes' reasoning for the bill was to help limit traffic obstructions, which can delay emergency vehicles.
The language most in opposition took issue with was the by "any means necessary" phrase.
"There is nothing in this language by any means necessary, that includes the word reasonable," Sen. Karen Tallian, D-Portage, had said during the previous committee hearing. "That’s normally the standard for a police force. This does not include excessive or deadly, and I think that’s a real problem with this."
Lawmakers took out that language in an amendment Wednesday, and instead added that it was local police officers’ duties to keep streets unobstructed. Those who obstruct traffic would still be committing "mass traffic obstruction" — a class C infraction — if they don’t clear the streets when ordered to.
Buck said the plan is for Tomes to introduce an additional amendment once the bill reaches the Senate floor that would create a summer study committee on the bill. Lawmakers often do this when they want to look into the prospect of a certain topic without creating more laws. So the issue could come back next year, depending on the outcome of that committee.
"(Tomes) and I have talked quite a bit, this is a subject matter that needs approached and studied and then given thorough review from both Homeland Security, local law enforcement, ...those (that are concerned about) the freedom of assembly," Buck said. "Summer study committee is where we do that so when we come back next year, there will be a clear understanding of what we need and can do to keep our communities safe and still allow those that want to express themselves to do so."
Tomes did not talk during Wednesday's committee meeting and did not respond to requests for comment.
Lawmakers approved the bill 5-1, and it'll move to the Senate.