2014 Indiana Code TITLE 14. NATURAL AND CULTURAL RESOURCES ARTICLE 9. DEPARTMENT OF NATURAL RESOURCES CHAPTER 8. LAW ENFORCEMENT
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IC 14-9-8
Chapter 8. Law Enforcement
IC 14-9-8-1
Repealed
(Repealed by P.L.26-2008, SEC.19.)
IC 14-9-8-2
"Division" defined
Sec. 2. As used in this chapter, "division" refers to the law
enforcement division.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-3
Organization of division
Sec. 3. The law enforcement division shall be organized in
conformity with rules adopted by the commission.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-4
Purchases
Sec. 4. The department shall purchase all property, supplies, and
equipment for the division.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-5
Compensation of director and conservation officers
Sec. 5. The salaries and compensation of the division director and
the conservation officers shall be fixed by the director and approved
by the budget agency as provided by Indiana law.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-6
Appointment of director
Sec. 6. The governor shall appoint the director of the division in
accordance with a recommendation of the director. The division
director:
(1) is in charge of the division and has general supervision of
the work of the division;
(2) serves at the pleasure of the governor;
(3) shall be selected on the basis of training and experience; and
(4) must have had at least five (5) years experience in a
supervisory capacity in a law enforcement agency closely
associated with conservation to equip the division director for
the position.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-7
Duties of director
Sec. 7. (a) The division director shall, with the approval of the
director, do the following:
(1) Establish classification of ranks, grades, and positions in the
division.
(2) Designate the authority and responsibility of each rank.
(3) For each rank, grade, and position, set standards of
qualifications and fix the prerequisite of training, education, and
experience.
(b) The division director may, with the approval of the director,
designate the rank, grade, and position to be held by each employee
of the division. The division director may assign and reassign each
employee of the division to serve at the stations and perform the
duties that the division director designates.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-8
Appointment of personnel
Sec. 8. The division director shall, with the approval of the
director, appoint personnel to the ranks, grades, and positions within
the division.
As added by P.L.1-1995, SEC.2. Amended by P.L.100-2012, SEC.40.
IC 14-9-8-9
Political activities not to be required
Sec. 9. An officer appointee or a conservation officer of the
division may not be ordered in any manner to do any of the
following:
(1) Engage in the activities or interest of any of the following:
(A) A political party.
(B) A candidate for public office.
(C) A candidate for nomination to public office.
(2) Participate in any manner in a political campaign for the
nomination or election of candidates to public office.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-10
Worker's compensation
Sec. 10. (a) Injury, death, or occupational disease of a
conservation officer arising out of and during the course of the
performance of the officer's duties as a conservation officer is
compensable under IC 22-3.
(b) For the purposes of this chapter and IC 22-3, all conservation
officers are conclusively presumed to have accepted the
compensation provisions of IC 22-3.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-11
Training and examinations
Sec. 11. (a) The division director shall, with the approval of the
director, organize and conduct a training school for officer candidates
and other employees of the division. A conservation officer may not
be assigned to regular active duty until the officer has received
training and successfully passed a course prescribed by the division
director. The division director shall periodically prescribe and
conduct supplemental training courses for all conservation officers of
the division.
(b) The division director shall devise and administer examinations
designed to test applicants in the qualifications required for the rank,
grade, or position. Only those applicants who best meet the
prerequisites may be appointed.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-12
Probationary employees
Sec. 12. All new conservation officers appointed to the division
are probationary employees for one (1) year from the date of
appointment.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-13
Ineligibility for reappointment
Sec. 13. A person who:
(1) is discharged from the division; or
(2) withdraws before the completion of two (2) years of duty
from date of appointment;
is not eligible for reappointment.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-14
Discharge, demotion, or suspension
Sec. 14. (a) The division director may, with the approval of the
director, discharge, demote, or temporarily suspend an employee of
the division, for cause, after preferring charges in writing.
(b) An employee who is discharged or demoted is entitled to a
public hearing before the department if the employee demands a
hearing within ten (10) days after receiving notice of the charges. The
employee may be represented by counsel.
(c) The findings of the department are final, except that the
employee may appeal to the appropriate court.
(d) A probationary employee may be discharged without charges
being made and is not entitled to a hearing.
(e) A conservation officer may not be discharged because of
political affiliation.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-15
Uniforms and equipment
Sec. 15. (a) The department shall provide the conservation officers
of the division the uniforms and equipment necessary to the
performance of their duties. All uniforms and equipment remain the
property of the state.
(b) The division director shall, with the approval of the director,
charge against an employee of the division the value of property lost
or destroyed through carelessness or neglect of the employee. The
value of the equipment shall be deducted from the pay of the
employee.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-16
Powers and duties of conservation officers
Sec. 16. (a) A conservation officer of the division:
(1) has all necessary police powers to enforce the natural
resources laws; and
(2) may, without warrant, arrest a person for a violation of those
laws when committed in the officer's presence.
(b) A conservation officer shall do the following:
(1) Detect and prevent violations of natural resources laws.
(2) Enforce natural resources laws and rules.
(3) Perform other related duties that are imposed upon
conservation officers by law.
(c) A conservation officer has the same power with respect to
natural resources matters and the enforcement of the laws relating to
natural resources laws as have law enforcement officers in their
respective jurisdictions. A warrant of arrest or search warrant issued
by proper authority may be executed by a conservation officer in any
county.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-17
Police and arrest powers
Sec. 17. A conservation officer:
(1) is a law enforcement officer under IC 9-13-2-92 and
IC 35-31.5-2-185 and has the power to enforce Indiana laws and
without warrant to arrest for the violation of any of those laws
when committed in the officer's presence;
(2) is a police officer under IC 9-13-2-127;
(3) has the power of law enforcement officers to arrest under
IC 35-33-1-1; and
(4) has the power to enforce Indiana laws and may exercise all
powers granted by law to state police officers, sheriffs, and
members of police departments.
As added by P.L.1-1995, SEC.2. Amended by P.L.114-2012, SEC.35.
IC 14-9-8-18
Carrying arms
Sec. 18. (a) A uniformed conservation officer shall carry arms in
the performance of the officer's duty.
(b) A nonuniformed conservation officer may carry arms in the
performance of the officer's duty.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-19
Obstructing, hindering, or interfering with director, officer, or
employee
Sec. 19. A person who knowingly obstructs, hinders, or interferes
with:
(1) the director;
(2) the division director;
(3) a conservation officer; or
(4) an employee or agent of the division of fish and wildlife;
in lawful discharge of the individual's duty in the enforcement of this
chapter commits a Class C misdemeanor.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-20
Cooperation with law enforcement officers; investigations
Sec. 20. The division shall do the following:
(1) Cooperate with the law enforcement officers of the state in
the detection of the violation of Indiana natural resources laws.
(2) Conduct investigations as necessary to secure the evidence
that may be essential to the conviction of alleged violators of
Indiana natural resources laws.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-21
Conservation officers fish and wildlife fund
Sec. 21. (a) As used in this section, "fund" refers to the
conservation officers fish and wildlife fund established by this
section.
(b) The conservation officers fish and wildlife fund is established.
The department shall administer the fund. The department may
expend the money in the fund exclusively for special law
enforcement investigations of fish and wildlife violations. The
expenditures authorized under this subsection include the purchase
and repair of decoys (as defined in IC 14-22-40-2).
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. However, if the amount of money in
the fund at the end of a state fiscal year exceeds thirty-five thousand
dollars ($35,000), the treasurer of state shall transfer the excess from
the fund into the fish and wildlife fund.
As added by P.L.1-1995, SEC.2. Amended by P.L.133-1996, SEC.6.
IC 14-9-8-21.5
Conservation officers marine enforcement fund
Sec. 21.5. (a) As used in this section, "fund" refers to the
conservation officers marine enforcement fund established by this
section.
(b) The conservation officers marine enforcement fund is
established. The department shall administer the fund. The
department may expend the money in the fund exclusively for marine
enforcement efforts associated with recreational boating on Indiana
waters, including uses described in IC 14-9-9-5.
(c) The fund consists of money from the lake and river
enhancement fee paid by boat owners and deposited under
IC 6-6-11-12(c)(2). Money deposited in the fund is annually
appropriated and allotted to the department to carry out the purposes
of this section. The expenses of administering the fund shall be paid
from money in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. However, the department may
transfer from the fund to the counties with special boat patrol needs
fund (IC 14-9-9-5) an amount that does not exceed twenty percent
(20%) of money deposited into the fund.
As added by P.L.233-2003, SEC.4.
IC 14-9-8-22
Retirement of conservation officers
Sec. 22. Whenever a conservation officer retires after at least
twenty (20) years of service, the department shall, in recognition of
the officer's service to the department, do the following:
(1) Permit the officer to retain the standard hand service weapon
the department issued to the officer.
(2) Issue the officer a badge that indicates the officer is a retired
conservation officer.
(3) Issue the officer an identification card that contains the
following information:
(A) The name of the department.
(B) The name of the officer.
(C) The officer's rank in the department.
(D) That the officer is retired.
(E) That the officer is authorized to retain the service weapon
issued to the officer by the department.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-23
"Turn in a poacher" program
Sec. 23. (a) The "turn in a poacher" program is established within
the division for the purpose of encouraging citizen participation in
deterring the unlawful taking or possession of game, fish, or nongame
wildlife.
(b) Under the program the department shall accomplish the
purpose set out in subsection (a) by doing the following:
(1) Providing a toll free telephone service.
(2) Developing and conducting a publicity campaign for the
program.
(3) Conducting investigations initiated through citizen
participation in the enforcement of game, fish, and nongame
wildlife laws.
(4) Approving and coordinating reward payments.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-24
Persons authorized to enforce fish and wildlife laws
Sec. 24. The director may authorize a person who is not a
conservation officer to enforce Indiana fish and wildlife laws as if the
person were a conservation officer under the following conditions:
(1) The person must be a full-time law enforcement officer in
Indiana or a full-time conservation law enforcement officer from
another state, the United States, or Canada.
(2) The person's employer must agree, in writing, to continue
the person's level of compensation, including all insurance,
medical, retirement, and other benefits, and must agree that no
additional compensation or benefits will be paid by the state.
(3) The authorization may not be for longer than ninety (90)
days, but the authorization may be renewed.
(4) The authorization must relate to a specific problem or
operation.
(5) The authorization must be in writing.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-25
Conservation officers authorized to work with law enforcement
agencies
Sec. 25. The director may authorize a conservation officer to work
temporarily with a law enforcement agency in Indiana, another state,
or Canada under the following conditions:
(1) The authorization may not be for longer than thirty (30)
days, but the authorization may be renewed.
(2) The authorization must relate to a specific problem or
operation.
(3) The authorization must be in writing.
As added by P.L.1-1995, SEC.2.
IC 14-9-8-26
Repealed
(Repealed by P.L.2-1996, SEC.297.)
IC 14-9-8-27
Conservation reserve officer assisting in enforcement of watercraft
laws
Sec. 27. (a) A conservation reserve officer may be appointed to
assist the division in the enforcement of watercraft laws and for no
other purpose. A conservation reserve officer must be appointed in
the same manner that a conservation officer is appointed.
(b) A conservation reserve officer:
(1) may not be a conservation officer;
(2) has the police powers of a conservation officer to enforce
watercraft laws, except as limited by the rules of the department;
(3) to the extent that money is appropriated for a purpose listed
in this subdivision, may receive:
(A) a uniform allowance;
(B) compensation for time lost from other employment
because of court appearances;
(C) insurance for life, accident, and sickness coverage;
(D) compensation for lake patrol duties that the division
director assigns and approves for compensation; or
(E) any combination of benefits specified in clauses (A)
through (D);
(4) is not eligible to participate in a pension program provided
for conservation officers;
(5) may not be appointed until completion of the following:
(A) A minimum of forty (40) hours of general reserve officer
training.
(B) A minimum of twelve (12) hours in addition to the
training under subdivision (A) in the enforcement of
watercraft laws.
(C) A probationary period specified by rule of the
department;
(6) may not:
(A) make an arrest;
(B) conduct a search or seizure of a person or property; or
(C) carry a firearm;
unless the conservation reserve officer successfully completes
a pre-basic course under IC 5-2-1-9(f); and
(7) may be covered by the medical treatment and burial expense
provisions of the worker's compensation law (IC 22-3-2 through
IC 22-3-6) and the worker's occupational diseases law (IC
22-3-7).
If compensability of an injury covered under subdivision (7) is an
issue, the administrative procedures of IC 22-3-2 through IC 22-3-6
and IC 22-3-7 must be used to resolve the issue.
(c) A conservation reserve officer carrying out lake patrol duties
under this chapter is immune from liability under IC 34-30-12,
notwithstanding the payment of compensation to the conservation
reserve officer.
(d) The department may adopt rules under IC 4-22-2 to implement
this section and to limit the authority of conservation reserve officers.
As added by P.L.2-1996, SEC.252. Amended by P.L.1-1998,
SEC.109.
IC 14-9-8-28
Salaries
Sec. 28. (a) The natural resources commission shall categorize
salaries of enforcement officers within each rank based upon the rank
held and the number of years of service in the department through the
twentieth year. The salary ranges that the commission assigns to each
rank shall be divided into a base salary and twenty (20) increments
above the base salary with:
(1) the base salary in the rank paid to a person with less than one
(1) year of service in the department; and
(2) the highest salary in the rank paid to a person with at least
twenty (20) years of service in the department.
(b) The salary matrix prescribed by this section shall be reviewed
and approved by the state budget agency before implementation.
(c) The salaries for law enforcement officers of the law
enforcement division of the department must be equal to the salaries
of police employees of the state police department under
IC 10-11-2-13, based upon years of service in the department and
rank held.
(d) The requirement of subsection (c) does not affect:
(1) any rights or liabilities accrued; or
(2) any proceedings begun;
on or before June 30, 1999. Those rights, liabilities, and proceedings
continue and shall be imposed and enforced under prior civil law and
procedure as if the requirement of subsection (c) had not been
enacted.
As added by P.L.2-1996, SEC.253. Amended by P.L.206-1999,
SEC.1; P.L.2-2003, SEC.42; P.L.234-2007, SEC.307.
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