Update on Area Street Panhandlers

[Happy Mom]

http://iga.in.gov/legislative/laws/2015 ... pters/017/


Indiana Panhandling Laws
IC 35-45-17
Chapter 17. Panhandling
IC 35-45-17-0.1
Repealed
(As added by P.L.220-2011, SEC.612. Repealed by P.L.63-2012,
SEC.66.)
IC 35-45-17-1
"Panhandling"
Sec. 1. (a) As used in this chapter, "panhandling" means to solicit
an individual:
(1) on a street or in another public place; and
(2) by requesting an immediate donation of money or something
else of value.
(b) The term includes soliciting an individual:
(1) by making an oral request;
(2) in exchange for:
(A) performing music;
(B) singing; or
(C) engaging in another type of performance; or
(3) by offering the individual an item of little or no monetary
value in exchange for money or another gratuity under
circumstances that would cause a reasonable individual to
understand that the transaction is only a donation.
(c) The term does not include an act of passively standing, sitting,
performing music, singing, or engaging in another type of
performance:
(1) while displaying a sign or other indication that a donation is
being sought; and
(2) without making an oral request other than in response to an
inquiry by another person.
As added by P.L.140-2005, SEC.8.
IC 35-45-17-2
Panhandling; Class C misdemeanor
Sec. 2. A person who knowingly or intentionally does any of the
following commits panhandling, a Class C misdemeanor:
(1) Panhandling after sunset and before sunrise.
(2) Panhandling when the individual being solicited is:
(A) at a bus stop;
(B) in a:
(i) vehicle; or
(ii) facility;
used for public transportation;
(C) in a motor vehicle that is parked or stopped on a public
street or alley, unless the person soliciting the individual has
the approval to do so by a unit of local government that has
Indiana Code 201
jurisdiction over the public street or alley;
(D) in the sidewalk dining area of a restaurant; or
(E) within twenty (20) feet of:
(i) an automated teller machine; or
(ii) the entrance to a bank.
(3) Panhandling while touching the individual being solicited
without the solicited individual's consent.
(4) Panhandling while the individual being solicited is standing
in line and waiting to be admitted to a commercial
establishment.
(5) Panhandling while blocking:
(A) the path of the individual being solicited; or
(B) the entrance to a building or motor vehicle.
(6) Panhandling while using profane or abusive language:
(A) during a solicitation; or
(B) after the individual being solicited has declined to donate
money or something else of value.
(7) Panhandling while making a statement, a gesture, or another
communication to the individual being solicited that would
cause a reasonable individual to:
(A) fear for the individual's safety; or
(B) feel compelled to donate.
(8) Panhandling with at least one (1) other individual.
(9) Panhandling and then following or accompanying the
solicited individual without the solicited individual's consent
after the solicited individual has declined to donate money or
something else of value.
As added by P.L.140-2005, SEC.8

[Xenokilla]

so how do we get the SBPD to start arresting people?

[Happy Mom]

so how do we get the SBPD to start arresting people?

It seems , reading the Law, that it IS a crime to solicit on the street or to come up to someone...

[st michael jr]

Well, I remember a roll call training where the prosecutor said otherwise.

[Happy Mom]

Well, I remember a roll call training where the prosecutor said otherwise.

Can't Dvorak read?

[bob_rx2000]

I'm not sure precisely what the prosecutor might be saying, but it certainly sounds as though it is something along the lines of "I view prosecuting a class-C misdemeanor for panhandling as a waste of my office's valuable time, so don't bother giving out the tickets or arresting a panhandler." Were I a South Bend or St. Joseph County cop, and I thought that was the attitude of the local prosecutor, I wouldn't bother with panhandlers.

Now, what does that say about the seriousness the city and county administration have about the downtown area of South Bend? Perhaps newly reelected Mayor Pete and his administration could work to change that attitude somewhat.

[Happy Mom]

South Bend councilman proposing work for panhandlers
by Katlin Connin, WSBT 22 ReporterMonday, June 5th 2017

WSBT 22 photo


SOUTH BEND — A South Bend city councilman has a plan he says will reduce the number of panhandlers in the city.
Oliver Davis says he wants to do something similar to what Portland, Maine is doing.
Davis says it wouldn't just get panhandlers off the street. He says a work program like the one he's designing could help address the root problem of begging -- poverty.


Panhandlers in the city say they're excited for the opportunity.
"It would get us off the street and make it so people aren't getting as aggravated with us on the corner asking for help,” said one panhandler who did not was to give his name.
Davis says he's been talking to city leaders in Portland, Maine.
"They took the time to craft out a pilot program to have a work program for those who are panhandling,” Davis said.
Portland City leaders say panhandlers work for the city minimum wage -- $10.68 an hour. Parks department employees come to pick them up.
“Right now, they're working two days a week going around to various open spaces and park areas that need a little extra cleaning up,” said City of Portland Communications Director Jessica Grondin.
But Grondin says it's not just about money.
“We're not just having them clean different sites and letting them go each day. We're working with them for other job-readiness skills, connecting them to the other resources that we know of, whether they need help finding more permanent housing or whatever the other barriers are that are keeping them from entering the workforce full time,” Grondin said.
Panhandlers here say they'd be excited for the opportunity.
"Yeah there's a lot of drunks and a lot of drug addicts and everything, but the one thing I wish people would understand is there are a lot of people who are out here that are telling the truth and do need help, that aren't taking your money and going to get alcohol and going to get drugs and going to get all messed up on it,” the panhandler said.
Davis says his program would be good for everybody.
"For me to help you and for you to help me makes us stronger community,” Davis said.
Davis says he hasn't figured out exactly what work panhandlers in South Bend could do, but he says he's already talked to Downtown South Bend and the Parks Department to find a good fit. Davis's work program will be discussed at the June 12 City Council meeting.

http://wsbt.com/news/local/south-bend-c ... anhandlers