Evaluation of Political Subdivision Efforts to Protect Monuments, Memorials, Statues, Commemorative Property and Religious Property; Factors

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Sec. 4. In determining whether a political subdivision failed to take all appropriate enforcement actions against a person found to have violated Indiana law through the investigations described in this chapter, the department, as part of the department's investigation, shall consider whether the political subdivision had:

(1) good reason to believe that an act described in section 1 of this chapter was imminent and likely to occur;

(2) sufficient notice to prevent the act described in subdivision (1) from occurring;

(3) a reasonable ability to prevent the act described in subdivision (1) from occurring by using the political subdivision's local law enforcement agency; and

(4) as applicable, reasonably prioritized each threat described in subdivision (1) as it occurred.

As added by P.L.94-2021, SEC.1.


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