HB 1343, SECTION 40, includes a dangerous overreach of state power that strips our local law enforcement and local government of their authority.  It creates a "Police State" by authorizing a state-controlled military police force to enter our communities without local consent.

The bill has passed from the House (67-29) to the Senate and is currently in the Committee on Homeland Security and Transportation.

SECTION 40 of HB 1343 has seven critical flaws:

1. Erosion of Local Control (Home Rule)
HB 1343 allows the Governor to override the authority of elected Sheriffs and Mayors. In Indiana, the Sheriff is a constitutional officer elected by the people of the county. Allowing the Governor to send a state-controlled "military police" force into a county without the Sheriff's invitation or consent violates the principle of "Home Rule." This bill creates a mechanism for the state to strip power from local entities and hand it to state-level officials.

2. Lack of Accountability and Oversight

Unlike local police departments, this National Guard force would operate without accountability to the local community.

No Merit Boards: They are not subject to the local merit boards that handle discipline and hiring for local police.
No Civilian Oversight: There is no mechanism for citizens to file complaints against these troops.
No Transparency: Military records are notoriously difficult to access compared to local police records.

3. "Militarization" of Civilian Life

There is a fundamental difference between a police officer and a soldier. Police are trained in community policing, de-escalation, and local constitutional law. Soldiers are trained for combat and "area denial."

The optics of having camouflage-clad soldiers with long guns patrolling our streets creates an atmosphere of "martial law." This intimidates law-abiding citizens and suppresses free speech--including potentially at the polls.

4. Operational Confusion and Safety
As Representative Mitch Gore (a Captain in the Marion County Sheriff’s Office) pointed out that having two different chains of command on the same street is dangerous. If a crime is in progress and both local police and the Governor's National Guard force respond, who is in charge?

This "dual authority" creates a high risk of "friendly fire" incidents, conflicting orders, and legal nightmares regarding use-of-force rules. An uncoordinated military element endangers the lives of our local officers.

5. Politicization of Law Enforcement

This bill is a political weapon. There is widespread concern that the Governor would use this force to conduct mass deportations or immigration "sweeps" in northern counties where local sheriffs have refused to use local tax dollars for federal immigration enforcement.  This is a tool for the state's leadership to force their agenda on cities they deem uncooperative.

There is also concern that this force could be used to suppress the vote, at the very least through intimidation.

6. Fiscal Irresponsibility

Creating a permanent, specialized military force that must be trained, equipped, and paid for by state taxpayers is a waste of money. These funds would be better spent supporting existing local police departments that are currently struggling with staffing shortages.

7. Violation of the Indiana Constitution (Article 1, Section 33)
Article 1, Section 33 of the Indiana Constitution states: "The military shall be kept in strict subordination to the civil power."

Critics and legal scholars argue that HB 1343 violates this clause because:

Lack of Civil Oversight: The proposed force would answer directly to the Governor (a military commander-in-chief) rather than to local civil authorities like an elected Sheriff, a City Council, or a civilian police merit board.

Supremacy over Local Law: If the Governor's military force can override a local "civil" official, it is no longer "subordinate" to civil power—it becomes superior to it.

If this bill passes, quite possibly Hoosiers will lose their lives due to the dangerous environment HB 1343 would create.