A bill that could give Indiana’s National Guard added policing powers when called upon by the governor passed out of the House on Wednesday.
House Democrats largely denounced the bill, saying this could lead to an intrusion of local control while also bringing up concerns that the increased policing could lead to dangerous scenarios like those seen recently in Minneapolis, where protestors are clashing with federal law enforcement agents.
However, Republicans in support of the bill say this is a proactive measure that will allow the National Guard to react as quickly as possible during a time of crisis.
“I think it helps us deal with situations that are unpredictable, unknown situations, and it's probably past due,” said the bill author, Rep. Stephen Bartels (R-Eckerty).
The bill passed out of the house along party lines, in a 67-29 vote.
It would allow the military police force of the Indiana National Guard the power to make arrests, conduct searches and seizures of a person or their property, carry a firearm and exercise other policing powers under Indiana law.
This change could affect around 500 military police currently in the Indiana National Guard, who would also be required to undergo additional training on specific Indiana law enforcement policies and code.
The guard’s use of police powers could be used only when deployed by the governor for state active duty.
Indiana law already gives the governor broad power to activate the National Guard for any purpose they deem necessary.
Typically, those scenarios involve reacting to natural disasters, as the governor did recently during the latest winter storm that swept through the state. State code also says the guard can be called during times of invasion, insurrection or “breaches of peace.”
Current law limits Indiana guardsmen’s ability to make arrests only in specific situations, like during “unlawful assembly” and when participants refuse to leave.
However, Democrats in the House see this increase in policing power as a dangerous step that could lead to unrest if guardsmen are used for policing whenever the governor deems necessary.
“Once you implement something like this, you have no idea how things can spin out of control, and we've seen that at community after community to the point of tragedy,” said Rep. Matt Pierce (D-Bloomington), referencing the recent killings of Renee Good and Alex Pretti in Minneapolis.
Other Democrats argued that the bill takes away local control from cities, saying that they believe the governor should only deploy guardsmen in this manner if local law enforcement or governing bodies request it.
“The core of local control is the confidence of the citizens in their local government,” said Rep. Ed DeLaney (D-Indianapolis). “You send this force in, you're telling the people of Indianapolis or Kokomo or wherever, don't trust your local police. That is the message. They are inadequate.”
Bartels argued during floor discussion on the bill that the governor could only use this specialized group of national guardsmen for extra policing and it requires them to receive additional training.
Democrats were also skeptical as to why this concern was being brought forward now, pointing to recent threats from President Donald Trump to deploy the National Guard in multiple cities to help with immigration law enforcement.
Republicans pointed to the Boston Marathon Bombing’s after-action report, which found that the National Guard was not properly armed and therefore could not act as quickly as authorities wanted.
Rep. Matt Lehman (R-Berne) said that is why he believes this change is needed so Indiana’s National Guard isn’t caught in a similar circumstance.
“I think this bill is not reactionary, I think it's proactive,” Lehman said.
This bill's passage in the House comes at the same time as national outcry increases over the use of border patrol agents and U.S. Immigration and Customs Enforcement officers in Minneapolis.
The city of Minneapolis sent a request to Gov. Tim Walz on Saturday after the shooting of Alex Pretti to deploy the Minnesota National Guard to help local law enforcement in the city amid growing unrest.
The bill now heads to the Senate.
Contact government reporter Caroline Beck at cbeck@wfyi.org.