Indiana State Senator Jim Banks has introduced a bill that would prohibit detainment of citizens under federal defense act (NDAA) in the state.

SB 400 would amend the Indiana Code concerning state and local administration. The text of the bill simply states, in part: “Prohibits specified individuals and entities in Indiana from aiding an agency of the armed forces of the United States in the investigation, prosecution, or detention of a person under a provision of the National Defense Authorization Act (NDAA) or similar law providing for indefinite detention.”

Today, SB400 passed unanimously out of the Corrections and Criminal Law Committee, chaired by Senator Michael Young. A packed house came to the public hearing and testimony from the grassroots was passionate, reported a number of attendees.

“Given recent federal policies with vague preservations, I feel it necessary that Indiana law expressly state it will not support unconstitutional actions,” Banks said in a press release. “If Washington laws do not adequately defend our personal liberties, it’s our duty as a state to be proactive in ensuring these freedoms are protected. That’s what my legislation will accomplish.”

The bill also includes misdemeanor criminal charges for federal agents who attempt indefinite detention under the NDAA on any person in the state of Indiana. An amendment was proposed to increase those penalty charges to a Class D felony. We’re still awaiting confirmation as to whether or not such an amendment was formally considered or approved. Look for an update on this post as additional information arrives.

The next stop for the bill is the full Indiana State Senate. It will be given a full house debate and vote before being able to move on to the House for concurrence.

UPDATE: The Committee removed penalty provisions on federal agents in the bill in order to gain agreement and unanimous consent. The legislation keeps its core principles, preventing the state from participating in indefinite detention. To learn how such non-compliance works as part of an overall nullification strategy, CLICK HERE and CLICK HERE

UPDATE 2: Grassroots activists in attendance report that Senators want to include stronger penalties for federal agents than were included in the original bill. An amendment is expected to be introduced once it reaches the Senate floor for debate. TAC’s view is that both routes are good and play an important part in the nullification of NDAA kidnapping powers (aka “indefinite detention”

UPDATE 3: Included a quote from a press release sent by the office of Jim Banks

ACTION ITEMS for Indiana

1. Contact your state senator and let them know – strongly, but politely – that you will accept nothing other than a YES vote on SB400 to stop Indefinite Detention. Look up your state senator here:

2. Join the Nullify NDAA Indiana group on facebook HERE


If you live anywhere outside of Indiana, please contact your own legislators regarding anti-NDAA legislation. If none has been introduced in your state, you can email them The Liberty Preservation Act model legislation.

Track the status of NDAA nullification in states around the country HERE

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