Indiana Senate passes bill to allows attorney general to step in if prosecutor won’t and prosecute some crimes

(The Center Square) It may fly in other parts of the country, but Indiana lawmakers are taking steps to make sure it doesn’t fly in the Hoosier state.

The Indiana Senate passed a bill on Tuesday to stop prosecutors from deciding that they won’t prosecute whole categories of crimes.

The bill, authored by Sen. Mike Young, R-Indianapolis, would allow the state attorney general to submit a petition to request a special prosecutor in such cases.

It’s meant to stop a “growing trend” seen in many cities on the west and east coasts, Young said, and also in Chicago, St. Louis and New Orleans.

“There are a lot of people who believe it’s George-Soros-backed, or his organizations that are backing these prosecutors to get elected. It’s called social justice prosecuting,” Young told his colleagues on Tuesday.

He went on to list offenses the prosecutor in Boston is now refusing to prosecute.

“They decided, even though they are not the legislature, that they will not prosecute trespass laws. They will not prosecute shoplifting offenses, including larceny under $250. They won’t prosecute disorderly conduct. They won’t prosecute disturbing the peace…It’s Ok, in this jurisdiction, to receive stolen goods.”

“Our job, in the Indiana General Assembly…is to pass what we think are prudent laws that are fair and effective for the citizens of our state to keep them safe,” he added.

His bill, SB 200, refers to a “noncompliant prosecuting attorney” as one who has “implemented a policy of categorically refusing to enforce a criminal law enacted by the general assembly.”

It says that if the attorney general “receives credible information” that a county prosecutor is categorically refusing to enforce a criminal law enacted by the Indiana General Assembly, he should conduct an investigation, and then may file a notice with the chief justice of the Indiana Supreme Court to request the appointment of a special prosecutor.

Under the bill, a judge appointed by the Indiana Supreme Court would decide whether to appoint a special prosecutor and would have the option of establishing a “longer term” for that special prosecutor. The judge could also require the submission of regular reports.

Young told senators it was not his intention to target the Marion County prosecutor.

In 2019, newly-elected Marion County Prosecutor Ryan Mears announced he wouldn’t prosecute possession of less than one ounce of marijuana, though possession of marijuana in any amount is a crime in Indiana.

But in several other cities in the United States, prosecutors are taking things much further, refusing to prosecute indecent exposure, breaking and entering, driving with a suspended license, resisting arrest and many other crimes.

The “trend” is part of a campaign that was referred to in the headline of 2016 article in Politico as “George Soros’ quiet overhaul of the U.S. criminal justice system.”

That year, the article reported, $3 million in contributions from Soros was spent on local prosecutors’ races in seven cities in the United States, with the goal of electing prosecutors who would not prosecute crimes for which African-Americans were charged at higher rates.

Several Democratic senators spoke against the bill, including Sen. Greg Taylor, D-Indianapolis, who told senators: “If you want to be a prosecutor, run for prosecutor. You ran for senator…”

The bill would not prevent a prosecutor from using prosecutorial discretion in prosecution of some crimes, said Young.

“What we’re talking about is where a prosecutor says, This whole set of laws I’m not going to prosecute.”

The bill passed, with Democrats voting no, along with at least two Republicans, Sen. Erin Houchin, R-Salem and Sen. Greg Walker, R-Columbus.

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