House Enrolled Act 1449, which takes effect immediately, contains provisions that help current statutes conform with existing legal opinions and help those laws remain on the books to serve as a deterrent for children engaging in dangerous activities during late night hours.
"This act is a bipartisan response to a U.S. Court of Appeals decision in January that threatened to make the entire curfew law unconstitutional," Pelath said. "I must thank, among others, State Rep. Ralph Ayres (R- Chesterton) for working with me to make sure this legislation received strong bipartisan support in both the Indiana House and Senate."
Under the provisions of HEA 1449, any child who is detained by a law enforcement officer cannot be cited for curfew violation until after the officer makes an effort to find out what the child was doing. If it is determined that the child was engaged in activities that are protected under the First Amendment to the U.S. Constitution, that person cannot be cited for a violation.
"The old curfew law was declared unconstitutional because it did not provide those First Amendment protections against being arrested," Pelath said. "Sometimes there are valid reasons for children to be out after hours, particularly if they are participating in religious activities or exercising their right to free speech.
"The concern we had was to provide those protections, yet keep the law on the books as a means of keeping children from being out at all hours of the night," he continued. "During the course of debate on this legislation, I was fond of relating something my mother told me, and it remains as true today as it did when I was a kid: Nothing good ever happens after midnight. Passage of this act ensures we can keep a watchful eye on our young people."
The revised law is based on city ordinances in place in Dallas, Texas, which Pelath said have survived scrutiny in federal court.
Indiana's curfew law makes it a violation for children under 18 years of age to be in public places between 11 p.m. and 5 a.m. on weeknights and 1 a.m. and 5 a.m. on weekends.