The COVID Project
The record
- Jurisdiction
- Indiana
- Level
- State
- Authority
- Ind. Const. art. 4; Title 10 (Public Safety), Article 14 (Emergency Management), chapter 3 (Emergency Management and Disaster Law)
- Issued
- 2021-04-15 Apr. 15, 2021
- 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 ('because an emergency was declared for HEA-1123, the law went into effect immediately'), and contemporaneous press reports of the April 15, 2021 override); the remaining sections in force before March 1, 2020 (read as 2021-04-15)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Apr. 15, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationStay-at-homeCapacity limitAlcohol and barsStanding duty
- Addressees
- persons generally; all businesses and premises within the disaster area (the whole State under EO 20-02 and its renewals, Ex. IN-001)
- Character
- order penalty
- Collection
- Standing duties: Indiana DUT-IN
Operative words
A person who knowingly, intentionally, or recklessly violates this chapter or an order authorized by this chapter commits a Class B infraction.
Penalty
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).
What it required
Every person obey the Governor's disaster-emergency orders, which 'have the full force and effect of law' once filed with the Secretary of State (section 22(b)), including orders that 'control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises in the area' (section 12(d)(7)) and that 'suspend or limit the sale, dispensing, or transportation of alcoholic beverages' (section 12(d)(8)).
Retrieval noteSection 10-14-3-22(b): 'Orders, rules, and regulations have the full force and effect of law when: (1) adopted by the governor or any state agency and a copy is filed: (A) in the office of the secretary of state; or (B) with the publisher... under IC 4-22-2.' Section 12(a): a state of disaster emergency 'may not continue for longer than thirty (30) days unless... renewed by the governor' (the mechanism of the thirty-day renewals, Exs. IN-015, IN-023, IN-028 et seq.). Section 12(d)(1) authorizes suspension of regulatory statutes. Sections 12.5 to 12.7 (religious organizations) were added in 2021 by P.L.99-2021. The 2021 amendment of section 34 substituted 'Class B infraction' for 'Class B misdemeanor' and added the words 'or an order authorized by this chapter'; the Governor's orders through EO 21-12 continued to recite the misdemeanor, and EO 21-09 and 21-12 provided that enforcement authorities 'may take all available administrative and enforcement actions' (Exs. IN-059, IN-061).