Unlawful Encroachment (HB 1122)

This bill seeks to add guardrails around when a police officer can move witnesses back 25-feet from an active crime scene. In response to litigation by the ACLU of Indiana and others, the bill would allow officers to enforce the so called “25-foot rule,” passed into law in 2023, only when an officer has a reasonable belief that the person’s presence will interfere with the officer’s lawful duties.

While the ACLU of Indiana continues to believe that 25 feet is too far to allow appropriate oversight by witnesses, we recognize that HB 1122 is a sincere effort to square the law’s original intent with constitutional requirements. If HB 1122 becomes law, we unfortunately expect it to be abused by a small number of officers around the state. We will continue to monitor implementation for examples of when officers are not adhering to the requirements of the law.