01/25/12 State Senator Ryan Mishler (R-Bremen) this week voted in support of three important pieces of legislation proposed in the Senate, helping to send Senate Bill 1, 170 and 269 to the House of Representatives for consideration.

SB 1 works to reaffirm a Hoosier’s right to resist the unlawful entry by law enforcement officers into their homes. The proposal, co-authored by Mishler, permits a homeowner to use reasonable force in resisting a police officer’s unlawful entry into a dwelling if that homeowner does not have actual knowledge that the person is, in fact, an officer or if the officer is not engaged in official duty.

The legislation notes that, even then, violent force should not be used to prevent the unlawful entry unless there is no other adequate alternative. It does not allow homeowners to resist if a police officer enters in cases of:

  • Invitation from at least one resident, unless one or more other adult residents object
  • Hot pursuit
  • Pursuit of a criminal committing or escaping after the commission of a crime
  • Possession of a warrant

Mishler said SB 1 is an effort to address Hoosier concerns generated from the Indiana Supreme Court case known as Barnes v. State, in which a man questioned about a domestic violence call scuffled with a police officer who tried to enter his house without a warrant and against his will.

Mishler also supports eliminating nepotism in government by prohibiting family members from serving within any government unit if their relatives are in direct supervisory roles.

SB 170 would exempt individual workers employed prior to July 1, 2012, allowing them to continue holding both office and employment until their elected term expires. Volunteer firefighters and precinct election officers would not be affected since they are not considered employees of a government unit.

The bill would require public employees elected to serve on an executive or fiscal body of the county, city, town or township that oversees their agencies to decide if they want to remain an employee of that unit or begin their term as an elected official.

SB 269 works to allow every Hoosier worker the freedom to choose whether or not to support a union.

The bill, which would make Indiana the 23rd Right to Work state in the country, makes it illegal for any worker to be forced to pay union dues or fees in order to keep their job. In addition to guaranteeing workers the basic right to choose whether or not to support a union, the legislation focuses on job creation by helping attract new employers to Indiana. Business location experts consistently report that many businesses automatically rule out non-Right to Work states when deciding where to locate operations.

“After listening to debates and gathering input from residents in Senate District 9, I voted in favor of these three policies,” Mishler said. “I believe these Senate proposals will make our great state even better. I look forward to my colleagues in the House acting on these bills.”

Hoosier can view full, updated copies of the proposals online by visiting http://www.in.gov/apps/lsa/session/billwatch/billinfo.