General Information

April 15, 2014 | Category: General

This is the final installment of the Legislative Update for the 2014 legislative session. This final legislative update contains summaries of select bills of interest or portions of bills that were signed into law in the 2014 legislative session.

If you would like to see the entire text of any law, as well as any other legislative action, you may access this information here.

[Permalink]

Civil Law

April 15, 2014 | Category: Civil

Victim advocates in civil proceedings
S.E.A. 138, P.L. 150-2014
Effective: July 1, 2014
Removes restrictions on grants from the victim services division of the Indiana Criminal Justice Institute for certain entities to enter into a contract with the Domestic Violence Prevention and Treatment Council. Provides that a court may allow a victim advocate to attend a civil proceeding and confer with a victim as necessary. Specifies that a victim advocate is not considered to be practicing law when performing certain services.

Assignment of lottery prizes
S.E.A. 312, P.L. 198-2014
Effective: July 1, 2014
Provides that a person who wins a prize payable in installments from the Lottery Commission may assign the future prize payments under certain circumstances upon court approval. Sets forth requirements for a court order approving a prize payment assignment. Requires that a petition to assign a prize payment must be served upon the Lottery Commission’s director and the child support bureau. Requires the assignee to provide certain information. Requires the director of the Lottery Commission to investigate and certify whether a person who petitions for a lottery prize payment assignment has or has not satisfied debts to state agencies. Provides that if the Internal Revenue Service, the Department of State Revenue, or a court issues a determination or ruling that the voluntary assignment of a prize payment will affect federal income tax treatment, the commission shall file the determination or ruling with the Attorney General’s office and the Indiana Judicial Center, and a court may not issue a voluntary assignment of a prize payment after the date of the determination or ruling. Adds the Department of Child Services to the list of agencies that must identify individuals who owe past due child support to the commission.

Various business entity matters
S.E.A. 377, P.L. 63-2014
Effective: July 1, 2014
Makes various changes to business and other associations law concerning the following: (1) Information required to be filed with the Secretary of State’s Office. (2) Information required to be sent to registered agents. (3) Responsibilities of registered agents. (4) An exception to the notice requirements concerning administrative revocations of certificates of authorities and dissolutions. (5) Procedures concerning reinstatement and denial of reinstatement. (6) Stated powers of corporations, nonprofit corporations, and limited liability companies. (7) Issuance of interrogatories by the Secretary of State and investigative claims. (8) Filing false documents with the Secretary of State. (9) Use of assumed business names. (10) Domestication of nonprofit corporations. (11) The officers and the powers and duties of officers of a limited liability company. Removes provisions concerning the following: (1) Delivery by telecopy and facsimile. (2) Requiring creation of copies of certain documents. Repeals a provision concerning having a corporation as a resident agent.

Abandoned housing
S.E.A. 422, P.L. 66-2014
Effective: July 1, 2014
Requires the Attorney General to establish and maintain a tax sale blight registry of all persons ineligible to participate in the tax sale. Provides that properties certified as vacant or abandoned may be sold outright at the tax sale. Reduces the interest rate for payments in excess of a minimum bid from 10% to 5%. Lowers the interest rate for refunds on certain tax sales from 6% to 5%. Provides that the notice to a record owner of property must occur six months, instead of nine months, after the date of the tax sale. Requires the executive of a county, city, or town to obtain a judgment that a parcel of real property is vacant or abandoned before a certification can be made to the county auditor for tax sales purposes. Reduces the period from six to three months when a tax sale purchaser may petition the court for a judgment directing the county auditor to issue a tax deed if the real property is not redeemed from the sale. Specifies that a property tax penalty for property sold by a county executive through a certificate of sale procedure is to be removed from the tax duplicate if the penalty is associated with a delinquency that was not due until after the date of the original tax sale but is due before the issuance of the certificate of sale by the county executive. Requires, for tax deeds executed for real property sold at a tax sale, that the county auditor submit the tax deed directly to the county recorder for recording and charge the tax sale purchaser the appropriate recording fee. Permits the county auditor to be the only signer of a sales disclosure form. Adds the term “blighted” in determining whether a building is an unsafe building. Requires a business entity that seeks to register to bid at a tax sale to provide a certificate from the Secretary of State to the county treasurer. Prohibits foreign business associations that have not registered with the Secretary of State from participating in the tax sale. Requires persons who purchase a property or certificate at a tax sale to reimburse the county for the costs of a title search. Permits a county to establish a paddle fee for persons who attend the tax sale. Requires the sheriff to notify the owner of a foreclosed property being sold at auction if the sale is canceled.

INDOT eminent domain actions
H.E.A. 1076, P.L. 11-2014
Effective: July 1, 2014
Reduces from six to three years the deadline by which the Indiana Department of Transportation or any other person seeking to acquire property for road construction must file a complaint to acquire the property by the exercise of eminent domain following the rejection of an offer to purchase by the owner of the property. Requires a court to conduct an expedited hearing of the complaint. Provides that a party to the court proceeding is entitled to an expedited appeal of the court’s final ruling under rules to be adopted by the Indiana Supreme Court.

Employment discrimination against veterans
H.E.A. 1242, P.L. 136-2014
Effective: July 1, 2014
Provides that it is an unlawful employment practice (practice) for an employer to discriminate against a prospective employee on the basis of status as a veteran by: (1) refusing to employ an applicant on the basis that the applicant is a veteran of the armed forces of the United States; or (2) refusing to employ an applicant on the basis that the applicant is a member of the Indiana National Guard or member of a reserve component. Requires the Indiana Civil Rights Commission to enforce alleged violations of the practice. Requires the Indiana Department of Veterans’ Affairs to disseminate information necessary to inform veterans of the practice. Makes technical corrections.

Court administrative matters – Garnishment
H.E.A. 1347, P.L 78-2014
Effective: July 1, 2014
Provides that, if the wages of a judgment debtor are being garnished: (1) a clerk is not required to notify the employer of the judgment debtor to suspend the garnishment after the judgment is satisfied; and (2) a request to suspend the garnishment must be submitted by the judgment debtor to the court that rendered the judgment. Makes changes to the maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment to enforce the payment of any judgments against the individual. If a judgment debtor has failed to comply with an agreed order in the action, requires a court to order: (1) any property, income, or profits of a judgment debtor not exempt from execution or process or any debt due to the judgment debtor to be applied to the satisfaction of the judgment and forbid transfers of property and choses in action; and (2) that the judgment or execution is a continuing lien upon the income or profits of the judgment debtor in the hands either of the judgment debtor or any other person from the date the order is served upon the person indebted to the judgment debtor to the extent that the lien, together with all similar liens, is allowed by law. Provides that: (1) if a court has issued a garnishment order to a third party (such as an employer) that provides income to a judgment debtor; (2) the garnishment order no longer applies to the third party due to a change in circumstances, including a change in employment; and (3) the judgment creditor files a petition describing the changed circumstances and providing contact information for a new third party who employs or otherwise provides income for a judgment debtor; the court may, without holding a hearing, cancel the first garnishment order and issue a new garnishment order to the new third party. 

[Permalink]

Criminal Law

April 15, 2014 | Category: Criminal

Natural and cultural resources penalties
S.E.A. 52, P.L. 195-2014
Effective: July 1, 2014
Amends penalties for violating certain statutes in IC 14 (natural and cultural resources). Amends certain boating requirements. Repeals a law prohibiting a boat from sounding a horn.

Mental health witnesses in criminal cases
S.E.A. 88, P.L. 54-2014
Effective: July 1, 2014
Provides that when notice of an insanity defense is filed in a case in which the defendant is not charged with a homicide offense, the court shall appoint two or three competent disinterested: (1) psychiatrists; (2) psychologists endorsed by the state psychology board as health service providers in psychology; or (3) physicians; who have expertise in determining insanity, at least one of whom must be a psychiatrist or psychologist. Provides that when notice of an insanity defense is filed in a case in which the defendant is charged with a homicide offense, the court shall appoint two or three competent disinterested: (1) psychiatrists; (2) psychologists endorsed by the state psychology board as health service providers in psychology; or (3) physicians; who have expertise in determining insanity, at least one of whom must be a psychiatrist and at least one of whom must be a psychologist.

Agricultural operations and trespass
S.E.A. 101, P.L. 101-2014
Effective: July 1, 2014
Adds causing property damage to an agricultural operation to the existing crime of institutional criminal mischief. Increases the sentence enhancement monetary thresholds for criminal mischief and institutional criminal mischief. Provides that a person commits criminal trespass if, without the owner’s permission, the person enters: (1) that portion of an agricultural operation that is used for production; or (2) any part of the real property of an agricultural operation and causes property damage.

Firearms
S.E.A. 169, P.L. 152-2014
Effective: July 1, 2014
Makes it a Level 5 felony for a person to provide an individual with a firearm if the person knows that the individual: (1) is legally ineligible to possess a firearm; or (2) intends to use the firearm to commit a crime; and increases the penalty to a Level 3 felony if the firearm is used to commit murder. Provides a defense for certain persons accused of providing firearms to ineligible individuals if: (1) the accused person contacted NICS to request a background check on the individual; and (2) the accused person received authorization from NICS to provide the firearm to the individual. Makes theft a Level 6 felony instead of a Class A misdemeanor if the property involved is a firearm. Allows the state to seek a sentencing enhancement of from five years to 20 years if a person uses a firearm to commit: (1) a felony against the person that results in death or serious bodily injury; (2) kidnapping; or (3) criminal confinement as a Level 2 or Level 3 felony.

Community supervision
S.E.A. 171, P.L. 24-2014
Effective: July 1, 2014
Requires a community corrections program to develop a plan of collaboration with the county probation department as a condition of receiving financial assistance from the Department of Correction. Permits the commissioner of the Department of Correction to award additional financial aid to counties with an approved community supervision collaboration plan. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

Alcohol and medical emergencies; crime studies
S.E.A. 227, P.L. 156-2014
Effective : July 1, 2014; §2-3, 5, 7-13 March 26, 2014
Provides that a person is immune from arrest or prosecution for certain alcohol offenses if the arrest or prosecution is due to the person: (1) reporting a medical emergency; (2) being the victim of a sex offense; or (3) witnessing and reporting what the person believes to be a crime. (Current law provides immunity from arrest or prosecution only if the person reports a medical emergency that is due to alcohol consumption.) Establishes a mitigating circumstance for the sentencing of a person convicted of a controlled substance offense if the person’s arrest or prosecution was facilitated in part because the person requested emergency medical assistance for an individual in need of medical assistance due to the use of alcohol or a controlled substance. Allows a court to defer entering a judgment of conviction for an individual arrested for an alcohol offense if the individual was arrested after a report that the person needed medical assistance due to the use of alcohol if certain conditions are met. Allows an advanced emergency medical technician, an emergency medical responder, an emergency medical technician, a firefighter or volunteer firefighter, a law enforcement officer, or a paramedic to administer an overdose intervention drug to a person suffering from an overdose. Allows certain health care providers to prescribe, and a pharmacist to dispense, an overdose intervention drug for an advanced emergency medical technician, an emergency medical responder, an emergency medical technician, a fire department or volunteer fire department, a law enforcement agency, or a paramedic. Requires the state department of health or the office of women’s health to conduct a study to determine the number of persons who are the victims of crimes of domestic or sexual violence, the reasons why these crimes are underreported, best practices to improve reporting, and the most effective means to connect victims with appropriate treatment services. Establishes a framework for the study, and permits the Department of Health or the office of women’s health to contract with a third party to conduct the study. Urges the Legislative Council to assign to the appropriate study committee during the 2014 interim the task of studying the causes of violence and violent crime in Indiana.

Firearm matters
S.E.A. 229, P.L. 157-2014
Effective: July 1, 2014
Removes a provision from the law making possession of a firearm on property that is being used by a school for a school function a felony. Provides, for purposes of the law concerning possession of firearms on school property, that the law does not apply to certain students who are members of a shooting sports team or certain individuals who may legally possess a firearm and possess a firearm that is locked in the trunk of the person’s motor vehicle, kept in the glove compartment of the person’s locked motor vehicle, or stored out of plain sight in the person’s locked motor vehicle. Specifies that the law concerning firearms in locked vehicles does not prohibit an employer from prohibiting an employee from possessing a firearm or ammunition at the employer’s residence. Provides that the chapter concerning possession of firearms on school property and school buses does not apply to a person who may possess the firearm and possesses the firearm in a motor vehicle. Makes it a Class A misdemeanor if certain persons leave a firearm in plain view in a motor vehicle parked in a school parking lot. Removes a provision from the law concerning firearms in locked vehicles that allows a person to adopt or enforce an ordinance, a resolution, a policy or rule that prohibits an employee of the person from possessing a firearm or ammunition in or on school property, in or on property that is being used by a school for a school function, or on a school bus in violation of: (1) student discipline laws concerning possession of firearms; or (2) the law concerning possession of firearms on school property and school buses. Provides that a person may adopt or enforce an ordinance, a resolution, a policy, or a rule that prohibits an employee from possessing a firearm or ammunition in a motor vehicle that is owned, leased, or controlled by a school or school district.

Alcohol and criminal offenses
S.E.A. 236, P.L. 159-2014
Effective: July 1, 2014
Revises numerous provisions of IC 7.1 that deal with criminal liability. Removes the requirement that the driver’s license of a minor shall be suspended if the minor commits certain offenses related to the unlawful possession or purchase of an alcoholic beverage if the offenses do not involve the use of a motor vehicle. Makes it a Class B misdemeanor for a person to knowingly or intentionally: (1) rent property; or (2) provide or arrange for the use of property; for the purpose of allowing or enabling a minor to consume an alcoholic beverage on the property. Makes this offense a:(1) Class A misdemeanor if the person has a prior unrelated conviction; and (2) Level 6 felony if the consumption, ingestion, or use of the alcoholic beverage is the proximate cause of the serious bodily injury or death of any person. Provides immunity from civil liability for a postsecondary educational institution or its agents under certain conditions.(The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

Government reduction
H.E.A. 1005, P.L. 113-2014
Effective: July 1, 2014
Removes provisions allowing for violent crime victims compensation funding for loss or disability of a law enforcement animal. Repeals the law concerning continuance of prosecution, treatment, and probation for individuals charged with or convicted of felonies related to drug or alcohol abuse and supervised by the Division of Mental Health and Addiction. Repeals provisions for voluntary and involuntary addiction treatment by the Division of Mental Health and Addiction. Provides for an employer letter requested by a terminating employee to state whether the employee quit or was involuntarily discharged and repeals a provision making a violation a Class C infraction.

Reconciles technical and substantive conflicts between HEA 1006-2013 (the criminal code revision bill) and other bills concerning criminal law
H.E.A. 1006, P.L. 168-2014
Effective: July 1, 2014
Changes the nomenclature for felonies from “Class” to “Level” for statutes not amended by HEA 1006-2013. Removes criminal gang activity, criminal gang intimidation, and certain drug offenses from the list of crimes over which a juvenile court does not have jurisdiction. Authorizes pretrial diversion for persons charged with a Level 5 or Level 6 felony. Prohibits a credit restricted felon from obtaining sentence modification. Provides that, not later than 365 days after: (1) a convicted person begins serving the person’s sentence; and (2) the court obtains a report from the Department of Correction concerning the convicted person’s conduct while imprisoned; the court may reduce or suspend the person’s sentence and impose any sentence the court was authorized to impose at the time of sentencing. Specifies that, if more than 365 days have elapsed since the convicted person began serving the sentence, the court may reduce or suspend the sentence and impose any sentence the court was authorized to impose at the time of sentencing. Limits the filing of subsequent petitions to modify a sentence, and removes the requirement that the court hold a hearing. Requires a court to explain its reasons for imposing a sentence unless the court imposes an advisory sentence. Increases the number of crimes that are nonsuspendible. Makes changes to the penalties for the crimes of dealing in cocaine or a narcotic drug and dealing in methamphetamine. Allows a court to suspend any part of a sentence for a Level 2 felony or a Level 3 felony concerning a controlled substance. Enhances the penalties for certain controlled substance offenses if a person commits an offense: (1) within 500 feet of school property or a public park when a child is likely to be present; or (2) in the physical presence of a child less than 18 years of age, knowing that the child was present and might be able to see or hear the offense. Requires a court to sentence a person found to be a habitual offender to an additional fixed term of imprisonment that is between: (1) six years and 20 years, for a person convicted of murder or a Level 1 through Level 4 felony; and (2) two years and six years, for a person convicted of a Level 5 or Level 6 felony. Increases the advisory sentence: (1) from six years to nine years for a Level 3 felony; (2) from four years to six years for a Level 4 felony; and (3) from two years to three years for a Level 5 felony. Amends credit time provisions by creating a new Class A that provides that a person: (1) who is not a credit restricted felon; and (2) who is imprisoned for a Level 6 felony or a misdemeanor or imprisoned awaiting trial or sentencing for a Level 6 felony or misdemeanor; earns one day of credit time for every day the person is imprisoned or confined awaiting sentencing. Provides that the: (1) Class I through Class IV credit class system applies to a person who commits an offense before July 1, 2014; and (2) Class A through Class D credit class system effective July 1, 2014, applies to a person who commits an offense after June 30, 2014. Provides that educational credit time is deducted from the release date that would otherwise apply to the person. Provides that before March 1, 2015, the Department of Correction (department) shall estimate the amount of any operational cost savings that will be realized in the state fiscal year ending June 30, 2015, from a reduction in the number of individuals who are in the custody of the Department of Correction that is attributable to the sentencing changes made under the bill. Specifies that if the department estimates that such operational cost savings will be realized, the department may, after review by the budget committee and approval by the budget agency, do the following: (1) Make additional grants to counties for community corrections programs from funds appropriated to the department for the department’s operating expenses. (2) Transfer funds (from funds appropriated to the department for the department’s operating expenses) to the Judicial Conference of Indiana to be used by the Judicial Conference of Indiana to provide additional financial aid for the support of court probation services. Provides that the maximum aggregate amount of these additional grants and transfers may not exceed the lesser of the amount of operational cost savings or $11,000,000. Reduces the sentence for: (1) arson with intent to defraud; (2) an offense against intellectual property; and (3) auto theft; from a Level 5 felony to a Level 6 felony. Reduces the maximum penalties for: (1) Level 1 felonies from 50 to 40 years; and (2) for Level 3 felonies from 20 to 16 years. Provides that a person less than 18 years of age who possesses an indecent image of another person less than 18 years of age commits a Class A misdemeanor if: (1) the persons are in a dating relationship; (2) the age difference between the persons is not more than four years; and (3) the person acquiesced in the taking or transmission of the indecent image. Specifies that a person who is eligible to be prosecuted for possession of an indecent image as a misdemeanor may not be prosecuted for possession of child pornography or child exploitation. Makes it child seduction, a Level 6 felony, for a law enforcement officer who is at least five years older than a child who is: (1) at least 16 years of age; and (2) less than 18 years of age; to fondle or touch the child with the intent to arouse or satisfy the sexual desires of either the child or the law enforcement officer, if the law enforcement officer’s contact with the child occurred in the course of the officer’s official duties, and increases the penalty to a Level 5 felony if the law enforcement officer engages in sexual intercourse or other sexual conduct with the child. Increases the minimum enhancement amount for certain controlled substances from three grams to five grams. Requires the Indiana criminal justice institute to monitor and evaluate criminal justice reform. Provides that a person may only be convicted of possession with intent to deliver if there is evidence in addition to the amount of the drug possessed that the person intended to manufacture or deliver the drug. Creates a lower offense category for persons who sell less than one gram of a controlled substance. Provides that: (1) after June 30, 2014, and before July 1, 2015, a person convicted of a Level 6 felony may not be committed to the Department of Correction if the person’s earliest possible release date is less than 91 days from the date of sentencing, unless the commitment is due to the person violating a condition of probation, parole, or community corrections and the violation is not technical; and (2) after June 30, 2015, a person convicted of a Level 6 felony may not be committed to the Department of Correction if the person’s earliest possible release date is less than 366 days from the date of sentencing, unless the commitment is due to the person violating a condition of probation, parole, or community corrections by committing a new criminal offense. Specifies that: (1) after June 30, 2014, a sheriff is entitled to a per diem and medical expense reimbursement for the cost of incarcerating a person convicted of a Level 6 felony whose earliest possible release date is less than 91 days; (2) after June 30, 2015, a sheriff is entitled to a per diem and medical expense reimbursement for the cost of incarcerating a person convicted of a Level 6 felony whose earliest possible release date is less than 366 days; and (3) the reimbursement shall be reviewed by the budget committee and is subject to the approval of the budget agency. Provides that a person on home detention as a condition of probation is entitled to earn credit time. Reconciles conflicts and makes technical corrections. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

Publication of list of criminal offenses
H.E.A. 1008, P.L. 169-2014
Effective: July 1, 2014
Repeals the article listing criminal law statutes for titles outside IC 35, and reorganizes the criminal law statutes into individual sections under a new article. Does not make any substantive change in the law. (The introduced version of this bill was prepared by the code revision commission.)

Surveillance and privacy
H.E.A. 1009, P.L. 170-2014
Effective: July 1, 2014
Requires a law enforcement officer to obtain a search warrant in order to use an unmanned aerial vehicle, with certain exceptions. Exempts electronic or video toll collection activities and facilities from certain restrictions relating to video and electronic surveillance and data collection. Provides that a law enforcement officer may not compel a person to provide a passkey, password, or keycode to any electronic communication service, electronic device, or electronic storage, or any form of stored electronic user data without a valid search warrant issued by a judge. Prohibits a law enforcement officer or law enforcement agency from using a real time tracking instrument that is capable of obtaining geolocation information concerning a cellular device or a device connected to a cellular network unless certain conditions are met. Provides that, except for a law enforcement officer or governmental entity who has obtained a search warrant, a person who knowingly or intentionally places a camera or electronic surveillance equipment that records images or data of any kind while unattended on the private property of another person without the consent of the owner or tenant of the private property commits a Class A misdemeanor. Establishes a procedure to use electronic mail to apply for a warrant. Provides immunity from civil and criminal liability for certain entities that provide information pursuant to certain court orders. Provides certain procedures for the issuance of search warrants concerning electronic communication service or remote computing service that affect the law concerning a journalist’s privilege against disclosure of an information source. Urges the legislative council to assign to a study committee during the 2014 legislative interim the topic of digital privacy, including: (1) issues related to searches of electronic devices, compelling the disclosure of electronic user data, the collection and use of geolocation information, and the collection and use of biometric information by government agencies; and (2) any other issue concerning digital privacy and related subjects.

Parole
H.E.A.1140, P.L. 179-2014
Effective: July 1, 2014
Requires the Department of Correction (Department) to create policies that provide for a schedule of progressive parole incentives and violation sanctions, including judicial review procedures, and submit the policies to the parole board for review. Requires the parole board to review and approve the policies submitted by the department. Provides that if a parolee commits a new: (1) Level 1 felony or Level 2 felony, the parole board shall revoke parole; and (2) Level 3 felony, Level 4 felony, Level 5 felony, or Level 6 felony, the parole board may revoke parole. Provides that a parolee may be subject to progressive parole violation sanctions under certain circumstances.

Expungement
H.E.A. 1155, P.L. 181-2014
Effective: March 26, 2014
Relocates and restates certain provisions dealing with the expungement of arrest records, and deletes inconsistent language. (Under current law, there are two inconsistent procedures for expunging arrest records.) Specifies where a petition for expungement must be filed, and removes the prohibition against a waiver or reduction of the filing fee for an indigent person. Grants a defense attorney and a probation department access to expunged records if authorized by court order. Allows a court to accept filing of a subsequent petition for expungement that includes convictions not named in the original petition under certain circumstances. Provides that a court must find by a preponderance of the evidence instead of by clear and convincing evidence that all the requirements of expungement have been met to order a person’s conviction records marked as expunged. Prohibits a person from waiving the right to expungement as part of a plea agreement. Grants access to expunged records to: (1) the supreme court and the state board of law examiners to determine a person’s fitness for admission to the bar; and (2) a person required to access expunged records to comply with the federal Secure and Fair Enforcement for Mortgage Licensing Act. Specifies the procedure to be used to regain the right to possess a firearm by a person convicted of a misdemeanor crime of domestic violence. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

Probation and community corrections treatment
H.E.A. 1268, P.L. 184-2014
Effective: July 1, 2014
Requires community corrections programs to use evidence based services, programs, and practices that reduce the risk for recidivism. Permits the community corrections board to coordinate or operate certain programs. Establishes standards for the award of certain grants by the Department of Correction, and requires the Department of Correction to consult with the Judicial Conference and the Division of Mental Health and Addiction before awarding grants. Defines “mental health and addiction forensic treatment services”, establishes eligibility and treatment criteria, and creates the mental health and addiction forensic treatment services account to fund mental health and addiction forensic treatment services. Requires the Judicial Conference to consult with the Department of Correction and the division of mental health and addiction before awarding financial assistance, and requires any person providing mental health and substance use treatment services be certified by the division of mental health and addiction. Provides that the Department of Correction may provide financial assistance to community corrections programs from the mental health and addiction forensic treatment services account. Makes certain individuals participating in evidence-based mental health and addiction treatment programs eligible for TANF and SNAP benefits). (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

Criminal matters
H.E.A. 1269, P.L. 185-2014
Effective: July 1, 2014
Specifies that a person who commits a crime before the effective date of HEA 1006-2013 or HEA 1006-2014 is to be sentenced in accordance with the law in effect at the time the crime was committed. Conforms provisions dealing with nonsuspendibility and community corrections to the nonsuspendibility provisions of HEA 1006-2013 and HEA 1006-2014. Defines “service provider” and “lawful supervision”, and makes it sexual misconduct, a Level 5 felony, for a service provider to knowingly or intentionally engage in sexual intercourse or other sexual conduct with a person who is subject to lawful supervision. Makes it sexual misconduct, a Level 4 felony, for a service provider who is at least 18 years of age to knowingly or intentionally engage in sexual intercourse or other sexual conduct with a person who is: (1) less than 18 years of age; and (2) subject to lawful supervision.

Downloading of cellular telephone information by police
H.E.A. 1384, P.L. 191-2014
Effective: July 1, 2014
Prohibits a police officer from extracting or otherwise downloading information from a telecommunications device without the owner’s consent for a violation of the law concerning typing, transmitting, or reading a text message while operating a motor vehicle unless: (1) the police officer has probable cause to believe that the telecommunications device has been used in the commission of a crime; (2) the information is extracted or otherwise downloaded under a valid search warrant; or (3) otherwise authorized by law. Provides that if a law enforcement officer detains a person because the law enforcement officer believes the person has committed an infraction or ordinance violation, the law enforcement officer may not, without the person’s consent, extract or otherwise download information from a cellular telephone or another wireless or cellular communications device possessed by the person at the time the person is detained unless: (1) the law enforcement officer has probable cause to believe that the cellular telephone or other wireless or cellular communications device has been used in the commission of a crime; (2) the information is extracted or otherwise downloaded under a valid search warrant; or (3) otherwise authorized by law.

[Permalink]

Family & Juvenile Law

April 15, 2014 | Category: Family/Juvenile

Access to juvenile court records
S.E.A. 19, P.L. 1-2014
Effective: July 1, 2014
Makes records open involving paternity, custody, parenting time and child support concerning a child born to parents who are not married to each other.

Petitions for adoption
S.E.A. 27, P.L. 81-2014
Effective: July 1, 2014; §4 March 25, 2014.
Amends Ind. Code § 31-19-2-13 to provide if a temporary order in an adoption proceeding conflicts with a custody order issued by any other court, except an appellate court, the temporary order in the adoption proceeding controls.Amends Ind. Code § 31-19-2-14 to provide if a petition for adoption and a paternity action are pending at the same time for a child, the adoption court has exclusive jurisdiction over the child and the paternity proceeding must be consolidated with it. Amends Ind. Code § 31-19-11-6 to provides a court may not grant an adoption petition if parent-child relationship had been terminated, and the time for filing an appeal has not elapsed, an appeal is pending, or an appellate court is considering a request for transfer or certiorari. Adds a noncode section urging the Indiana General Assembly to study whether a father who has abandoned a birth mother during pregnancy should be required to consent to the adoption of the child. (This section effective March 25, 2014 )

Guardian matters
S.E.A. 59, P.L. 83-2014
Effective: July 1, 2014
Allows a guardian, including a volunteer advocates for senior program or a volunteer advocates for incapacitated adults program, to request permission to file a petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of an incapacitated person. Allows the court to grant a request for permission to file a petition for a dissolution of marriage, a legal separation, or an annulment on behalf of an incapacitated person only if the court determines by clear and convincing evidence that petitioning for a dissolution of marriage, a legal separation, or an annulment is in the best interests of the incapacitated person. Provides that the guardian may not delegate the power to request permission to file a petition for dissolution, separation, or annulment. Requires the guardian to: (1) be named in a petition for dissolution of marriage, legal separation, or annulment; and (2) file, with the petition, a copy of the court order granting the request for permission to file the petition. Permits a guardian to file a petition for dissolution of marriage, legal separation, or annulment on behalf of an incapacitated person in the guardian’s county of residence. Allows a court to award, in certain enforcement proceedings, attorney’s fees and costs to a guardian if the person indebted to the guardianship estate or holding property of the guardianship estate refused to respond within 30 business days after receiving the guardian’s written demand or instruction. (Current law allows attorney’s fees and costs if the person refused to respond within 10 days.) Allows a court to award attorney’s fees and costs in certain enforcement proceedings against insurers.

Nonsupport of a child
S.E.A. 63, P.L. 148-2014
Effective: July 1, 2014
Changes the penalty enhancement for nonsupport of a child from a Level 6 felony to a Level 5 felony if the person has a previous conviction for the offense. Changes the procedure for a court to lower the penalty for a person convicted of nonsupport of a child. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

Alcohol and medical emergencies; crime studies – Commission on Improving the Status of Children
S.E.A. 227, P.L. 156-2014
Effective: July 1, 2014
Amends Ind. Code § 2-5-36-9 to require the Commission on Improving the Status of Children in Indiana to study and evaluate crimes of sexual violence against children and the impact of social networking web sites, cell phones and wireless communications devices, digital media, and new technology on crimes against children.

Reconciles technical and substantive conflicts between HEA 1006-2013 (the criminal code revision bill) and other bills concerning criminal law – Exclusion from juvenile court jurisdiction
H.E.A. 1006, P.L. 168-2014
Effective: July 1, 2014
Amends Ind. Code § 31-30-1-4 to remove criminal gang activity, criminal gang intimidation, manufacturing or dealing in cocaine or narcotic drugs if the individual has certain prior unrelated convictions or prior juvenile adjudications from the list of acts excluded from juvenile court jurisdiction of the individual is at least sixteen (16) years of age at the time of the alleged violation.  Note: See criminal law section for numerous other amendments to HEA 1006-2013.

Department of Child Services
H.E.A. 1110, P.L. 123-2014
Effective: July 1, 2014
Amends Ind. Code § 31-9-2-107 to broaden the definition of relative in CHINS and in Delinquency cases to include persons who have an established and significant relationship with the child. Amends Ind. Code § 31-16-15-2.5 to permit the Title IV-D agency, if the individual is subject to an income withholding order, to increase the weekly amount withheld up to an additional $10, if the arrearages are at least $10 and less than $500. Makes other Title IV-D changes.  Amends Ind. Code § 31-25-2-23 to provide the residential placement committee shall review the child’s placement in a child caring institution, group home, or private secure facility if the placement is contrary to the DCS recommendation. Amends Ind. Code § 31-33-18-2 to provide reports of a child’s death or near fatality shall be made available to a person who operates a child caring institution, group home, or secure private facility under certain circumstances. Amends Ind. Code § 31-34-4-2, Ind. Code § 31-34-6-2, and Ind. Code § 31-34-19-7 to require DCS to consider placing an alleged CHINS taken into custody, or as a CHINS placement with a relative related by blood, marriage, or adoption before considering any other placement. Amends Ind. Code § 31-37-17-2 and 6.1 to use the broadened definition of relative for placement purposes. Amends Ind. Code § 31-37-19-1.5, Ind. Code § 31-37-20-4.5, and Ind. Code § 31-37-22.4.5 to remove “caretaker” from: (1) the list relative placements which may be recommended in a case plan; (2) from the list of persons required to get notice of post dispositional hearings involving the delinquent; and (3) in modification hearings.

Various education and school matters
H.E.A. 1204, P.L. 41-2014
Effective:  July 1, 2014
Adds Ind. Code § 34-30-28 to provide schools, school employees or school boards are not liable for civil damages as a result of an injury to a child or family members if the injury is a result of a student’s mental health issue that was not disclosed by the parents or guardian or any referrals the school made or services the school offered concerning the evaluation or treatment of the student’s health or mental health.  Adds Ind. Code § 33-37-10-3.5 to provide a witness fee for an employee of a school district of mileage and $100 for each day.

Adoption committee and tax credit
H.E.A. 1222, P.L. 132-2014
Effective: §1 January 1, 2015; §2 July 1, 2014
Adds Ind. Code § 6-3-3-13 to permit an adoption tax credit if the person is eligible to claim the credit on the federal adoption credit. Effective January 1, 2015. Adds a noncode section to establish an interim committee on adoption to study how other states provide services under public adoption programs and study legal and regulatory costs associated with foster care and private adoptions, which must report recommendations by November 1, 2014. The governor shall appoint two judges with adoption experience to this nine-member committee.

Criminal matters – Enhancement for a minor
H.E.A. 1269, P.L. 185-2014
Effective: July 1, 2014
Amends Ind. Code § 35-44.1-3-10 to provide a service provider who knowingly or intentionally engages in sexual intercourse or other sexual conduct with a person who is subject to lawful detention or lawful supervision commits a Level 5 felony of sexual misconduct.  Enhances the crime of sexual misconduct to a Level 4 felony if the person subject to lawful supervision is less than eighteen (18) years of age.

Various motor vehicle issues - Minors
H.E.A. 1279, P.L. 217-2014
Effective: July 1, 2014; §5-15, §17-70, §72-186, §188-195 January 1, 2015
Repeals the authority in Ind. Code § 7.1-5-7-1 to make it a Class C  misdemeanor to use a false or altered driver’s license and permit the minor’s driver’s license, permit or driving privileges to be suspended for up to one (1) year.  Effective July 1, 2014. Repeals the authority in Ind. Code § 7.1-5-7-7 to make it a Class C misdemeanor to operate a mother vehicle while possessing, consuming or transporting and alcoholic beverage. Effective July 1, 2014. Amends Ind. Code § 7.1-5-7-10 to make it a Class C misdemeanor for a minor to knowingly or intentionally be in a tavern or bar or other public place where alcoholic beverages are sold or provided.  Removes the authority to suspend a driver’s license, permit or driving privileges under this section. Effective July 1, 2014. Amends Ind. Code § 31-37-5-7 and Ind. Code § 31-37-19-17.3 to provide a driver’s license may be suspended when an investigation of a delinquent occurs under Ind. Code § 9-30-16 and the juvenile did not refuse to submit to a chemical test under Ind. Code § 9-30-5 if committed by an adult, the juvenile court may grant specialized driving privileges under Ind. Code § 9-30-16. Repeals the authority of the juvenile court in Ind. Code § 31-40-2-1.7 to order the BMV to not issue a driver’s license or permit until the person has paid the person’s delinquent probation user’s fees.  Effective January 1, 2015.

[Permalink]

Judicial Administration

April 15, 2014 | Category: Administration

Judicial officers
S.E.A. 3, P.L. 147-2014
Effective: July 1, 2014
Makes battery: (1) a Level 6 felony instead of a Class B misdemeanor if the offense is committed against judicial officers while the judicial officers are engaged in the judicial officers’ official duties; and (2) a Level 5 felony instead of a Class B misdemeanor if the offense results in bodily injury to certain judicial officers while the judicial officers are engaged in the judicial officers’ official duties or the person who committed the offense placed certain infected bodily fluids or wastes on certain judicial officers. Provides that certain judicial officers: (1) may possess and use a firearm in the same locations that a law enforcement officer who is authorized to carry a firearm may possess a firearm while the law enforcement officer is engaged in the execution of the law enforcement officer’s official duties; and (2) may not be prohibited from possessing a firearm on land or in buildings and other structures owned or leased by the state or any agency of state government or a political subdivision. Specifies that a judicial officer who possesses and uses a firearm has the same civil and criminal immunities and defenses that a law enforcement officer has when the law enforcement officer: (1) possesses and uses a firearm; and (2) is engaged in the execution of the law enforcement officer’s official duties.

Representation of judges in mandate of funds litigation
S.E.A. 60, P.L. 19-2014
Effective: July 1, 2014
Urges the legislative council to assign the topic of the representation of judges and payment of attorneys fees in judicial mandate actions to an interim study committee.

Courts and court officers
S.E.A. 160, P.L. 23-2014
Effective: July 1, 2014
Only if the judge of the juvenile court  is authorized by state law, the judge may appoint one or more a full-time magistrates under IC 33-23-5, unless the judge of the juvenile court appointed one or more full-time magistrates under this section before July 1, 2014, the judge may continue to appoint or reappoint a full-time magistrate to each of those positions after June 30, 2014. Adds that the Commission on Courts is required to review and report on the following: (A) All requests for new courts or changes in jurisdiction of existing courts. A new court with one (1) or more new judges may not be established and one (1) or more new judges may not be added to an existing court unless the establishment of the new court and the addition of the new judges to an existing court are authorized by state law. (B) All requests for the authority to appoint a magistrate for a juvenile court. A magistrate may not be appointed for a juvenile court unless the appointment of the magistrate is authorized by state law.

Senior and special prosecutors
S.E.A. 223, P.L. 57-2014
Effective: July 1, 2014
Repeals and recodifies provisions concerning the appointment of senior prosecuting attorneys, special prosecutors, and special deputy prosecuting attorneys. Provides that a person may be appointed as a senior prosecuting attorney if the person was employed for at least eight years as a: (1) prosecuting attorney; (2) chief deputy prosecuting attorney; (3) deputy prosecuting attorney; or (4) deputy prosecuting attorney employed full time to perform certain duties related to child support provisions. Requires a person who files an affidavit to be considered for appointment as a senior prosecuting attorney to file a request to withdraw from consideration when the person is no longer willing to serve as a senior prosecuting attorney. Requires the Prosecuting Attorneys Council to maintain and publish a list of persons who are eligible to be appointed as senior prosecuting attorneys. Allows a senior prosecuting attorney to be appointed as a special prosecutor in a county in which the senior prosecuting attorney previously served if the appointing court finds that the appointment would not create the appearance of impropriety. Removes provisions that limit the number of days a senior prosecuting attorney may be compensated during a calendar year. Requires a special prosecutor to file a progress report with the appointing court at least one time every six months. Makes conforming amendments.

Mental health pilot project
S.E.A. 235, P.L. 158-2014
Effective: July 1, 2014
Requires community corrections programs to use evidence based services, programs, and practices that reduce the risk for recidivism. Permits the community corrections board to coordinate or operate certain programs. Establishes standards for the award of certain grants by the Department of Correction, and requires the Department of Correction to consult with the Judicial Conference and the Division of Mental Health and Addiction before awarding grants. Defines “mental health and addiction forensic treatment services”, establishes eligibility and treatment criteria, and creates the mental health and addiction forensic treatment services account to fund mental health and addiction forensic treatment services. Requires the Judicial Conference to consult with the Department of Correction and the Division of Mental Health and Addiction about awarding financial assistance, and requires any person providing mental health and substance use treatment services to be certified by the Division of Mental Health and Addiction. Provides that the Department of Correction may provide financial assistance to community corrections programs from the mental health and addiction forensic treatment services account. Allows for the establishment of a three-year pilot project in Marion County to reduce recidivism by providing mental health and forensic treatment services. Extends Supplemental Nutrition Assistance Program and Temporary Assistance for Needy Families benefits for individuals participating in the Marion County mental health pilot project and other evidence based treatment programs.

Government reduction – Juvenile court magistrate appointment
H.E.A. 1005, P.L. 113-2014
Effective: July 1, 2014
Adds that the judge of the juvenile court may appoint more than one full-time magistrate only if the appointment of an additional magistrate is expressly authorized by the General Assembly. [See also, S.E.A. 160, P.L. 23-2014]

Hamilton County magistrates
H.E.A. 1095, P.L. 12-2014
Effective: July 1, 2014
Allows the judge of the Hamilton Circuit Court and the judges of the Hamilton Superior Courts to jointly appoint three full-time magistrates to serve the circuit and superior courts. Current law provides that the three magistrates may be jointly appointed by the judges of the Hamilton Superior Courts to serve the superior courts.

Restricted addresses of judges
H.E.A. 1178, P.L. 14-2014
Effective: July 1, 2014
Adds an individual who is employed or was formerly employed as a judge of a federal court to the definition of “judge” for purposes of restricted access to homes addresses.

Court administrative matters
H.E.A. 1347, P.L 78-2014
Effective: July 1, 2014
Requires the clerk of the circuit court (clerk) or the county recorder (recorder) to be the secretary of the county commission of public records, as determined by: (1) mutual agreement of the clerk and the recorder; or (2) if a mutual agreement cannot be reached, an affirmative vote of the majority of the members of the commission. Allows the clerk to keep the lis pendens record, the execution docket, and the register of witness fees and court fees in electronic form if all information is available to the public to inspect or copy in the electronic form. Eliminates: (1) the requirement that the clerk attend court proceedings; and (2) the per diem paid the clerk or a deputy for attending court. Allows the clerk to retain an administrative fee of up to $3 from any excess amount of fine, penalty, fee, or bail collected and refunded by the clerk. Requires the cost of: (1) an initial mailing of a document by certified or registered mail to be paid out of court costs and fees; and (2) any additional certified or registered mailings to be paid by the person requesting the additional mailings. Provides that a circuit court judgment docket must contain: (1) all civil judgments in which one party owes money to another party; and (2) any entry that is required by a statute. Provides that a judgment docket may not include: (1) judgments in which money is owed by a person to a state, a county, or another governmental entity as a result of a criminal conviction or a violation of an infraction or ordinance; or (2) except for cases in which the state obtains a judgment for unpaid taxes, judgments in which a governmental entity is the sole creditor. Allows a clerk of a circuit court to keep a judgment docket in an electronic format and/or a paper format. Provides that the judgment docket shall be made available for public inspection at the office of the clerk during regular office hours. Provides that, if the wages of a judgment debtor are being garnished: (1) a clerk is not required to notify the employer of the judgment debtor to suspend the garnishment after the judgment is satisfied; and (2) a request to suspend the garnishment must be submitted by the judgment debtor to the court that rendered the judgment. Urges the legislative council to assign the topic of small claims court administration to an interim study committee.

[Permalink]

Miscellaneous

April 15, 2014 | Category: Miscellaneous

Technical corrections
S.E.A. 24, P.L. 2-2014
Effective: March 13, 2014
Resolves: (1) technical conflicts between differing 2013 amendments to Indiana Code sections; and (2) other technical problems in the Indiana Code, including incorrect statutory references, nonstandard tabulation, and various grammatical problems. (The introduced version of this bill was prepared by the code revision commission.)

[Permalink]

Probate Law

April 15, 2014 | Category: Probate

Probate, trust, and transfer on death matters
S.E.A. 36, P.L. 51-2014
Effective: July 1, 2014
Provides that a petition or other document filed in court by a personal representative in an estate proceeding with a written consent to the petition or other document or a written waiver of notice of the proceedings in the estate is not required to include a statement that the personal representative delivered a copy of the petition or other document to each person whose written consent or waiver of notice of proceedings was presented to the court, if the petition or other document contains a statement by the person whose signature appears on the consent or waiver: (1) identifying the petition or other document; and (2) affirming that the person has received a copy of the petition or other document and had a reasonable time to read and understand the petition or other document before signing the consent or waiver. Requires a party contesting the validity of a will to serve a copy of the complaint on the counsel for the personal representative. Provides that the court may not enter a default judgment for the contesting party unless proof of service on the counsel for the personal representative is made to the court. Specifies that the procedures for dispensing with the administration of small estates are available to distributees and persons acting on behalf of distributees rather than persons claiming to be entitled to payment from the decedent’s estate. Provides for an enforcement action against a person who does not comply with a fiduciary’s demand or instruction. Allows a court to award attorney’s fees and costs in certain enforcement proceedings. Provides that payments on liens paid with respect to a probate distribution are charged to the beneficiaries of the distribution unless the will provides expressly or by necessary implication that the payment be charged against the residue of the estate. Provides that a general directive in a will to pay debts does not imply an intent that a devise of property subject to a lien be distributed free from the lien. Provides that if trust property subject to a lien is specifically distributable, the distributee shall take the property subject to the lien unless the terms of the trust provide expressly or by necessary implication that the lien be otherwise paid. Provides that payments on liens paid with respect to a trust distribution are charged to the beneficiaries of the distribution unless the trust provides expressly or by necessary implication that the payment be charged against the residue of the trust estate. Provides that a general directive in a trust to pay debts does not imply an intent that a distribution of property subject to a lien be distributed free from the lien. Makes changes to the uniform principal and income act (act). Provides that a personal representative is a fiduciary under the act if provided for: (1) by the will; or (2) by a law allowing the personal representative to account for and distribute income received during the estate administration separately from the corpus of the estate. Provides the following with regard to distributions to beneficiaries after an income interest in a trust ends: (1) Upon the death of the settlor of a revocable living trust, the settlor’s trust interest becomes a terminating income interest and the property transferred upon the settlor’s death becomes a part of the trust when the property is received by the trust. (2) A decedent’s estate is not a terminating income interest. Provides that an asset becomes subject to a trust on the date the asset is distributed to the trust from the decedent’s estate: (1) if the income received during the administration of the estate was accounted for and distributed by the estate as part of the corpus of the estate; and (2) unless the will or other applicable law provides that income received during the estate administration is accounted for and distributed by the estate as income and not as part of the corpus of the estate. Specifies that provisions that determine the period in which an income beneficiary is entitled or eligible to receive net income of a trust do not control how receipts and disbursements are allocated to or between principal and income during that period. Specifies that provisions regarding which income receipts and disbursements of a trust are to be taken into account in determining the net income of the trust for the period after the beginning and before the end of a beneficiary’s income interest do not control the initial classification of receipts and disbursements as between principal and income. Defines the following for purposes of the trust code: (1) “Trust instrument”. (2) “Terms of a trust”, “terms of the trust”, or “terms of a charitable trust”. Provides that unless the trust provides otherwise, a trustee has a duty to keep current income beneficiaries and, in the case of a trust that has become irrevocable, contingent income beneficiaries, reasonably informed by providing access to the trust’s accounting and financial records upon written request. Provides that unless the trust provides otherwise, the trustee has a duty after the trust becomes irrevocable to provide income beneficiaries and remaindermen with a copy of the trust instrument upon written request. Provides that a trustee’s power under certain circumstances to appoint all or part of the principal of a trust into a second trust is available when the trustee has discretion to invade the principal of the first trust to make distributions to or for the benefit of at least one person. (Current law grants the power of appointment to a trustee who has absolute power to invade the principal of the first trust to make such distributions.) Provides that the notice given to a person by a trustee that starts the period within which to contest the validity of a trust must state: (1) the person’s interest in the trust, as described in the trust document; or (2) that the person has no interest in the trust. Provides that a delegation of authority by an attorney in fact survives even if the attorney in fact who delegated the authority fails or ceases to serve unless: (1) the delegation of authority by its terms terminates under these circumstances; (2) the delegation of authority is revoked; or (3) the power of attorney expires or becomes otherwise invalid or unenforceable. Specifies that a child of the principal who requests an accounting from an attorney in fact is entitled to delivery of the requested accounting. Specifies that the 60 day delivery deadline set forth in current law for requested accountings applies to court ordered accountings. Provides that in the case of a principal who has died: (1) the court may order an accounting at any time; and (2) the 60 day delivery deadline applies to a written request for an accounting that is submitted to the attorney in fact not later than nine months after the date of the principal’s death. Defines the terms “fiduciary” and “fund” for purposes of a statute concerning powers granted to an attorney in fact with respect to fiduciary transactions of the principal. Provides that the powers granted to an attorney in fact apply: (1) to a fund existing at the time the power of attorney is executed; (2) to a fund created after the power of attorney is executed; and (3) whether or not the fund is located in Indiana. Requires, upon the death of an owner whose transfer on death deed has been recorded, that the beneficiary file an affidavit in the office of the recorder that includes the date of the owner’s death (instead of a certified copy of the owner’s death certificate). (The introduced version of this bill was prepared by the probate code study commission.)

[Permalink]

Traffic Law

April 15, 2014 | Category: Traffic

Motor vehicle financial responsibility
H.E.A. 1059, P.L. 10-2014
Effective: Jan. 1, 2015
Makes various changes to the motor vehicle financial responsibility law, including the: (1) definition of “registration” to include the license plate issued in connection with the registration of a vehicle; (2) requirement of proof of financial responsibility if the operator was not the owner of the motor vehicle is not needed if the person is only seeking to reinstate driving privileges otherwise the operator’s policy of liability insurance is sufficient proof; (3) requires suspension of a registration in addition to driver’s license as a consequence of operation of the vehicle without financial responsibility in effect if the person has a prior conviction within five years; and (4) adds the requirement of proof of future financial responsibility for five years related to operating a vehicle without financial responsibility in effect for the third or subsequent offenses and maintaining the three year requirement for first and second offenses. Increases fees for the reinstatement of a driving license suspended under the financial responsibility law. Specifies that $30 of each reinstatement fee currently charged and the amount of the fee increase must be deposited in the motor vehicle highway account. The Bureau of Motor Vehicles, between July 1 and December 31, 2014, may negotiate with an individual a lower reinstatement fee if the person’s driver’s license/privileges were suspended prior to July 1, 2014. (The introduced version of this bill was prepared by the interim study committee on insurance.)

Proceeding through intersection at red light
H.E.A. 1080, P.L. 206-2014
Effective: July 1, 2014
Authorizes the operator of a: (1) motorcycle; (2) motorized bicycle; (3) motor scooter; or (4) bicycle approaching an intersection that is controlled by a traffic control signal to proceed through the intersection on a steady red signal if the operator comes to a complete stop for at least 120 seconds and exercises due caution provided by law in treating the traffic control signal as a stop sign and determining it is safe to proceed.

Various motor vehicle issues
H.E.A. 1279, P.L. 217-2014
Effective: July 1, 2014; §5-15, §17-70, §72-186, §188-195 January 1, 2015
Makes various changes to the infraction and criminal law provisions in motor vehicle law. Modifies numerous statutes concerning driver’s license suspension and revocation. Modifies the duties of an operator of a motor vehicle if the operator is involved in certain accidents. Modifies the definition of “highway work zone”. Repeals sections concerning “street cars”. Repeals certain motor vehicle and watercraft fraud provisions, and creates a new motor vehicle and watercraft fraud statute. Creates specialized driving privileges and requires a person that is granted specialize driving privileges to maintain proof of financial responsibility, carry a copy of the court order granting specialized driving privileges, and produce a copy of the order upon request of law enforcement. Modifies provisions related to operating while intoxicated.  Modifies the provisions related to habitual traffic violators.  Requires mandatory advisement to persons convicted or pleading guilty to the designated offenses could qualify them as a habitual traffic violator. Requires the bureau of motor vehicles to adopt rules to specify reasonable grounds for suspension or revocation of driving privileges, driver’s licenses, certificates of registration, or license plates. Provides that a motor vehicle may be stopped to determine compliance with motor vehicle window tinting standards but may not be inspected, searched, or detained solely because of a violation of window tinting standards. Creates the habitual vehicular substance offender designation and sentencing. Requires: (1) the state department of toxicology (department) to develop standards and testing for ignition interlock devices (devices); and (2) all devices used in Indiana after July 1, 2015 to be certified under rules adopted by the department. Requires a vendor or provider of devices to: (1) report to the court or court’s designee certain occurrences concerning the use of devices; and (2) provide any reports or data requested by the department.

[Permalink]

General Information

February 28, 2014 | Category: General

This is the eighth weekly installment of the Legislative Update for the 2014 legislative session. If you are interested in reading the text of any bill introduced this session, you may find the bill information at the link below:

All Introduced Bills

This week the Senate and House committees heard the following bills of interest to the judiciary:

[Permalink]

Civil Law

February 28, 2014 | Category: Civil

The House Judiciary Committee heard SB 138, sponsored by Rep. Kubacki and Rep. Lawson and authored by Sen. Becker, on victim advocates in civil proceedings. This bill removes restrictions on grants from the Victim Services Division of the Indiana Criminal Justice Institute for certain entities to enter into a contract with the Domestic Violence Prevention and Treatment Council. It also provides that a court may allow a victim advocate to attend a civil proceeding and confer with a victim as necessary, and specifying that a victim advocate is not considered to be practicing law when performing certain services. Indiana Coalition Against Domestic Violence testified in favor of the bill. The bill passed 7-0.

[Permalink]

Next Page →