{"id":"DUT-IN-002","kind":"duty","level":"state","jurisdiction":"Indiana","state":"IN","metro":"","industry":"","agency":"","eco":"","issuer":"Indiana General Assembly (Indiana Code 2021 edition)","authority":"Ind. Const. art. 4; Title 10 (Public Safety), Article 14 (Emergency Management), chapter 3 (Emergency Management and Disaster Law)","instrument":"Ind. Code Title 10, Article 14, chapter 3: sections 10-14-3-11 (governor\u0027s orders), 10-14-3-12 (disaster emergency; gubernatorial powers), 10-14-3-22(b) (orders have the force of law), 10-14-3-34 (infraction, as amended by P.L.64-2021)","title":"Emergency Management and Disaster Law (2021 edition, including the 2021 amendment of the penalty section)","dateIssued":"2021-04-15","effective":"Section 34 in its infraction form from April 15, 2021 (verified_secondary as to the date: Holcomb v. Bray, No. 21S-PL-518 (Ind. June 3, 2022), slip op. at 2-3 (\u0027because an emergency was declared for HEA-1123, the law went into effect immediately\u0027), and contemporaneous press reports of the April 15, 2021 override); the remaining sections in force before March 1, 2020","end":"standing","startDate":"2021-04-15","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["DUTY","EMER","STAY","CAP","ALC"],"addressees":["persons generally; all businesses and premises within the disaster area (the whole State under EO 20-02 and its renewals, Ex. IN-001)"],"clause":"A person who knowingly, intentionally, or recklessly violates this chapter or an order authorized by this chapter commits a Class B infraction.","enforcement":"Class B infraction from April 15, 2021: judgment of up to $1,000 for each violation (Ind. Code 34-28-5-4(b), Ex. DUT-IN-017). Before April 15, 2021 the same section made the violation a Class B misdemeanor (Ex. DUT-IN-015).","functions":[],"notes":"Every person obey the Governor\u0027s disaster-emergency orders, which \u0027have the full force and effect of law\u0027 once filed with the Secretary of State (section 22(b)), including orders that \u0027control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises in the area\u0027 (section 12(d)(7)) and that \u0027suspend or limit the sale, dispensing, or transportation of alcoholic beverages\u0027 (section 12(d)(8)).","sourceUrl":"https://iga.in.gov/ic/2021/Title_10/Article_14.pdf","snapshot":"","fileExists":true,"fileBytes":709908,"grade":"primary","character":"order_penalty","description":"","collection":"DUT-IN","url":"/library/DUT-IN-002","exhibitUrl":"/exhibit/DUT-IN-002","citation":"Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 10, Article 14, chapter 3: sections 10-14-3-11 (governor\u0027s orders), 10-14-3-12 (disaster emergency; gubernatorial powers), 10-14-3-22(b) (orders have the force of law), 10-14-3-34 (infraction, as amended by P.L.64-2021) (standing) (Ex. DUT-IN-002)","stateName":"Indiana","related":["DUT-IN-015","IN-015","IN-023","IN-028","IN-059","IN-061","DUT-IN-017","DUT-IN-018"]}