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Committee advances bill requiring disclosure of certain relationships on probable-cause affidavits
Summary
Senate Bill 259, intended to require disclosure of personal or financial relationships when law enforcement prepares probable-cause affidavits, passed the committee after amendments and testimony from victims and prosecutors; the measure also included protections for juvenile records and clarifications about victim-proxy questioning.
Senate Bill 259, aimed at increasing disclosure of potential conflicts when law enforcement submits probable-cause affidavits, advanced out of the Criminal Code Committee after amendments and testimony from prosecutors, public defenders and a family who described a local incident.
Sponsor Senator Aaron Freeman explained the bill would require disclosure of personal or financial relationships that may be relevant when an officer prepares a probable-cause affidavit for prosecution. Representative Garrett Bascom offered and the committee adopted Amendment 3, which focused on protecting juvenile victims’ identities by limiting identifying information that can be placed in affidavits and on clarifying the language in the bill. The amendment and later Chairman’s edits were discussed and taken by consent.
Courtney Curtis, assistant executive director for the Indiana Prosecuting Attorneys Council, told the committee IPAC was neutral on earlier drafts of a key amendment but said the proposed language “follows current law” and that prosecutors and police already guard against creating custodial circumstances through victim interviews. She referenced case law and said the proposed language contains carve-outs consistent with precedent (Patterson was named as related case law).
The most direct public testimony came from Marla and Steve Kirberts, whose 13-year-old son was arrested after a stadium incident involving a Swiss Army knife; they described an officer’s son being a key witness and alleged an initial report omitted conflicting witness statements. The family said the arrest and prosecutorial response led to a deferred misdemeanor and probation and that superintendent / SRO changes followed internal review. The Kirberts said they supported SB259 to require disclosure and avoid similar conflicts in other counties.
Representative Gore offered a narrowly drafted amendment to shore up Miranda and derivative-evidence doctrine concerns; IPAC and the Public Defender Council said they were comfortable with the clarified language and the committee adopted the amendment by consent. The committee then moved to pass the bill as amended; the roll call recorded the bill as passing 13–0.
Votes at a glance: Senate Bill 259 — Motion: “Move to pass as amended.” Outcome: passed by committee (reported 13–0).
