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. (1) good reason to believe that an act described in section 1 of this chapter was imminent and likely to occur;
2. (2) sufficient notice to prevent the act described in subdivision (1) from occurring;
3. (3) a reasonable ability to prevent the act described in subdivision
4. (1) from occurring by using the political subdivision's local law enforcement agency; and
5. (4) as applicable, reasonably prioritized each threat described in subdivision (1) as it occurred.

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