This final legislative update contains summaries of select bills of interest or portions of bills that were signed into law in the regular session. The legislative digest for all bills passed this session can be found at http://www.in.gov/legislative/reports/2009/DIGEST_OF_ENACTMENTS.PDF.

If you would like to see the entire text of any law, as well as any other legislative action, you can find that information at http://www.in.gov/apps/lsa/session/billwatch/billinfo.

For information regarding wrongful death or injury of a child, please see S.E.A. 342 under the “Criminal Law” section.

Domestic violence programs & Indiana protective order registry
S.E.A. 345, P.L. 130
Effective June 30, 2009 (§ 29-31); July 1, 2009 (§ 1-28)
Transfers the administration of sexual offense services, domestic violence programs, the assistance to victims of human and sexual trafficking, the domestic violence prevention and treatment council, the domestic violence prevention and treatment fund, and the family violence and victim assistance fund to the Criminal Justice Institute. Establishes the Indiana protective order registry (registry) and requires the Division of State Court Administration (Division) to create, manage, and maintain the registry. Requires the Division to: (1) make the protective order registry available so that county case management systems may interface with the registry by December 31, 2009; (2) submit information concerning a standard protocol for county case management systems to each prosecuting attorney and court; and (3) develop standard protocols for the exchange of information by December 31, 2009 between the protective order registry and county court case management systems for certain case management systems to interface with electronic traffic tickets and between county case management systems and the case management system developed and operated by the Division.

Consumer practices & residential mortgage foreclosures
S.E.A. 492, P.L. 105
Effective May 7, 2009 (§ 1-3; 22-24); July 1, 2009 (§ 4-15; 17-21); January 1, 2010 (§ 16)
Provides, with respect to foreclosure filings, (1) the lender must send the borrower in default a presuit notice meeting certain requirements, (2) when the foreclosure complaint is filed the creditor must attach with the complaint a notice informing the borrower of its right to conduct a settlement conference as well as other information, and (3) if the borrower elects to conduct a settlement conference the court must include certain information in the notice of settlement conference sent to the parties (click here to see what the court notice of settlement conference must include).  If a settlement conference is conducted the lender must have someone at the conference with representative authority, and must inform the court whether an agreement was reached at the conference, if negotiations are continuing, or if no agreement was reached.  If an agreement is reached, it must be filed with the court.  Provides that if parties participate in a settlement conference it satisfies any local rule requiring mediation or another form of alternative dispute resolution.

Establishes a $50 court fee for mortgage foreclosure actions that are filed after June 30, 2009, and before January 1, 2013, and provides that the fees are to be deposited in the home ownership education account administered by the Indiana Housing and Community Development Authority.

Provides that the electronic system to be established by the department of insurance not later than September 1, 2009, for the collection and storage of certain information concerning persons participating in or assisting with single family residential mortgage transactions must include the names of the buyer and the seller in a first lien purchase money mortgage transaction.

GPS monitoring & restraining orders
H.E.A. 1578, P.L. 116
Effective July 1, 2009
Permits a court to require a person who is subject to an order of protection to wear a GPS tracking device if the court finds that the person violated an order for protection. Provides that if a court orders GPS tracking, the court shall require the use of a GPS tracking device with certain notification capabilities. Requires the Division of State Court Administration to provide reports to the general assembly concerning GPS tracking. Requires the Division of State Court Administration to create, manage, and maintain an Internet-based registry of protective orders.

Other bills of interest:

Limited liability for certain asbestos claims
S.E.A. 469, P.L. 134
Effective July 1, 2009

Eminent domain and acquisition of public utility property
H.E.A. 1278, P.L. 172
Effective May 13, 2009 (§ 7); July 1, 2009 (§ 1-6; 8)

The rights of owners in coal lands
H.E.A. 1487, P.L. 94
Effective July 1, 2009

Theft of metal
S.E.A. 21, P.L. 158
Effective July 1, 2009
Expands the definition of “valuable metal,” and removes the exemption from reporting requirements for valuable metal transactions under $100. Specifies that the term “valuable metal” does not apply to a beverage can. Requires a valuable metal dealer to photograph the person from whom the dealer purchases valuable metal and the valuable metal being purchased, and to record the source of the valuable metal. Defines “key facility” and makes trespassing a Class D felony if committed on a facility belonging to a public utility or key facility. Raises theft and receiving stolen property to a Class C felony if the property taken or received is a valuable metal and relates to transportation safety or public safety or is taken from a health care facility, telecommunications provider, public utility, or key facility. 

Assisting a criminal
S.E.A. 34, P.L. 159
Effective July 1, 2009
Provides, for purposes of the crime of assisting a criminal, that it is not a defense that the person assisted has not been prosecuted, has not been convicted, or has been acquitted by reason of insanity. 

Child seduction & repeat sex offenders
S.E.A. 181, P.L. 125
Effective July 1, 2009
Provides that an attempted sex offense may be used to establish that a person is a repeat sex offender. Authorizes the release of certain medical or epidemiologic information of persons convicted of certain sex offenses.

Prosecution costs, litigation, and trafficking with inmates
S.E.A. 223, P.L. 128
Effective May 12, 2009 (§ 3); July 1, 2009 (§ 1-2; 4)
Provides that an offender who has filed at least three civil actions that have been dismissed as frivolous may not file a new complaint or petition as an indigent person unless the offender is in immediate danger of serious bodily injury, effective July 1, 2009.  Makes trafficking with an inmate (which is, without enhancement, a Class A misdemeanor) a Class C felony if the item trafficked is a cellular telephone, effective July 1, 2009. Makes it a Class A misdemeanor if a person possesses in or carries into a penal facility or a juvenile facility a controlled substance or a deadly weapon, effective July 1, 2009. Requires the Sentencing Policy Study Committee to evaluate whether the state should pay all costs of trial in a prosecution for an offense committed at a state correctional facility, effective May 12, 2009.

Sentence enhancement for feticide
S.E.A. 236, P.L. 40
Effective July 1, 2009
Provides that a person who, while committing or attempting to commit murder or felony murder, causes the termination of a human pregnancy may be sentenced to an additional term of imprisonment of six to 20 years. Increases the penalty for feticide from a Class C felony to a Class B felony. 

Compensation for victims of violent crimes [includes provisions relating to sex crime victims' cooperation with law enforcement and wrongful death or injury of a child]
S.E.A. 342, P.L. 129
Effective July 1, 2009
Amends several provisions regarding the compensation of victims from the violent crime victims compensation fund administered by the Indiana Criminal Justice Institute.  Removes provisions requiring a sex crime victim to cooperate with law enforcement. Specifies that the law concerning the wrongful death or injury of a child: (1) does not apply to a legally performed abortion; and (2) applies to a fetus that has attained viability. Provides that the law concerning the wrongful death or injury of a child does not affect or supersede any other right, remedy, or defense provided by any other law.

Identity deception
H.E.A. 1121, P.L. 137
Effective July 1, 2009
Creates the identity theft unit (unit) in the Office of the Attorney General. Authorizes certain agencies and persons to cooperate with the unit in investigating identity theft, and authorizes a prosecuting attorney to deputize the attorney general or a deputy attorney general to assist in the prosecution of an identity theft case. Provides certain rights to the victims of identity theft. Increases the penalty for identity deception committed against the person’s child to a Class C felony. Provides that unlawfully using identifying information that identifies a fictitious person or a person other than the person who is using the information, but that does not belong in its entirety to any live or deceased person, constitutes synthetic identity deception, a new Class D or C felony. 

Victim’s rights
H.E.A. 1175, P.L. 169
Effective July 1, 2009
Provides that if a motion is made to postpone a trial or other court proceeding involving certain sex offenses, the court shall consider whether a postponement will have an adverse impact on victims who are less than eighteen or are endangered adults. Provides that a victim of any offense has the right to be free from intimidation, harassment, and abuse throughout the criminal justice process.  Specifies that “defense counsel” includes an agent for defense counsel or for a defendant. Provides that, if defense counsel would like to interview a child less than 16 years of age who is a victim or alleged victim of a sex offense, defense counsel must contact the prosecuting attorney. Specifies that the prosecuting attorney may not instruct the child not to speak with defense counsel. Authorizes a court to impose reasonable conditions on an interview if the parties are unable to reach an agreement on the conditions of the interview without the intervention of the court.

Animal cruelty & commercial dog breeders
H.E.A. 1468, P.L. 111
Effective July 1, 2009 (§ 1-3; 5-15); January 1, 2009 (§ 4)
Authorizes the court, as a condition of bail or parole, or the parole board, as a condition of parole, to prohibit a person from owning, harboring, or training an animal, and, if the person is prohibited from having direct or indirect contact with an individual, from having direct or indirect contact with any animal belonging to the individual. Amends the list of permissible probation conditions in IC 35-38-2-2.3(a) to include refraining from direct or indirect contact with an individual or any animal belonging to the individual.

Other bill of interest:

Offender reentry administrative account
S.E.A. 244, P.L. 104
Effective July 1, 2009

Various election law matters
H.E.A. 1346, P.L. 120
Effective May 11, 2009 (§ 10); July 1, 2009 (§ 1-9; 11-13)

Various department of child services matters
S.E.A. 365, P.L. 131
Effective May 12, 2009 (§ 5; 38; 78-79); July 1, 2009 (§ 1-4; 6-37; 39-77)
Provides for numerous changes to the juvenile code including provisions relating to Department of Child Services, probation and courts, child support, adoption, guardians, CHINS, and delinquency cases.  The Judicial Center’s summary of this bill can be found at: http://indianacourts.us/blogs/legislative/wp-content/uploads/2010/05/sea-365-summary.pdf.

Youth shelters
H.E.A. 1063, P.L. 72
Effective July 1, 2009
Provides that an emergency shelter, a shelter care facility, or a program that provides services to homeless or low income individuals may provide shelter and other related services or items to a child without the permission of the child’s parent, guardian, or custodian. Defines runaway or homeless youth as individuals who are at least 12 years old and less than 18 years old.  Provides immunity from civil liability for a youth shelter and its employees and volunteers for any act or omission related to admitting, caring for, or releasing a runaway or homeless youth, except for gross negligence or willful and wanton misconduct.

Student discipline
H.E.A. 1419, P.L. 66
Effective July 1, 2009
Requires the governing body of a school corporation to develop an evidence based plan for improving behavior and discipline in the school corporation. Requires school corporation discipline rules to incorporate a graduated system of discipline, which includes actions that may be taken in lieu of suspension or expulsion. Requires the Department of Education to develop a master evidence-based plan for improving student behavior and discipline for use by school corporations. This master plan must include, among other items, policies to ensure students are not inappropriately referred to juvenile justice agencies and improving communications with juvenile justice agencies.

Suspension of Medicaid for delinquent children
H.E.A. 1536, P.L. 114
Effective May 7, 2009 (§ 5); July 1, 2009 (§ 2-4); January 1, 2010 (§ 1)
Requires the Division of Family Resources (DFR) to suspend a child’s Medicaid eligibility for up to six months before terminating the child’s eligibility if the child has been adjudicated to be a delinquent child and has been placed in a community based correctional facility, juvenile detention center, or a secure facility, not including a facility licensed as a child caring institution under IC 31-27, and would otherwise be ineligible to receive Medicaid. Requires the DFR to take action necessary to ensure that a delinquent child is eligible to participate in Medicaid if the division receives a dispositional decree or a modified dispositional decree and the Department of Correction gives the DFR at least forty (40) days notice of the child’s release from a secure facility, the DFR shall take action necessary to ensure a child is eligible to participate in Medicaid upon the child’s release. Effective January 1, 2010.

Requires a court to provide DFR a copy of the dispositional decree immediately if a predispositional report indicates a child receives Medicaid and the child is placed in a juvenile detention facility or a secure facility. Effective July 1, 2009.

Requires a court to provide DFR a copy of a modification of a dispositional order immediately of a child who receives Medicaid before disposition and the juvenile court previously placed or intends to place the child in a juvenile detention facility or a secure facility. Effective July 1, 2009.

Requires the Office of Medicaid Planning and Policy to amend the state Medicaid plan to carry out this act and file an affidavit with the governor attesting that the plan amendment filed is in effect. Effective upon passage.

Other bills of interest:

Adoption
S.E.A. 280, P.L. 58
Effective July 1, 2009

Adoption records
S.E.A. 303, P.L. 42
Effective July 1, 2009

Coordination of programs serving vulnerable individuals & high ability students
H.E.A. 1289, P.L. 173
Effective July 1, 2009

Joint legal custody in paternity determinations
H.E.A. 1511, P.L. 95
Effective July 1, 2009

Consolidation of probation departments
S.R. 31
Urges the Commission on Courts to study consolidation of probation services in counties having more than one probation department.

Probation Departments
S.R. 47
Urges the Commission on Courts to study methods of providing financial support to local probation departments.

Waiver of certain court fees & court costs
H.E.A. 1363, P.L. 89
Effective July 1, 2009
Provides that a person entitled to bring a civil action or petition for the appointment of a guardian under IC 29-3-5 may do so without paying the required fees or other court costs if a person files a statement in court declaring the person’s indigency, a belief of entitlement to the redress sought, and briefly setting forth the nature of the action. If a person brings a civil action under IC 29-3-5, a clerk shall waive the payment of required fees or other court costs by the person without court approval if (1) the person is represented by an attorney who is either employed by Indiana Legal Services or another civil legal aid program; or is serving as a pro bono attorney and obtained the client through a direct referral from a pro bono district associated with one of the fourteen administrative districts; and (2) the attorney files a statement with the clerk  that seeks relief from court costs, declares the person’s belief that the person is entitled to redress, briefly sets forth the nature of the case, provides an approved affidavit of indigency, and is signed by the attorney. The court may modify a finding of indigency if the person seeking relief from paying fees and court costs ceases to qualify for the relief. 

Unlawful manufacture or sale of police or fire insignias [includes provisions for reporting mental health disqualifications related to firearm possession and sentencing of defendants found guilty, but mentally ill]
H.E.A. 1428, P.L. 110
Effective May 7, 2009 (§ 20); July 1, 2009 (§ 1-16; 19; 21); January 1, 2010 (§ 17-18)
Provides that if a court makes an adjudication or a finding concerning a person’s mental health that may disqualify the person from possessing a firearm, the court shall transmit certain information concerning the finding or adjudication to the Division of State Court Administration for transmittal to NICS. Provides that a finding that the offender is in need of mental health care and treatment in the Division of Mental Health and Addiction or a mental health facility must be based upon clear and convincing evidence. Provides that aside from certain exceptions, whenever a defendant is found guilty but mentally ill at the time of the crime or enters a plea to that effect that is accepted by the court, the court shall sentence the defendant in the same manner as a defendant found guilty of the offense.

Senior citizen jury exemption
H.E.A. 1686, P.L. 157
Effective January 1, 2010
Provides that an individual at least 75 years of age may be exempted from jury duty if the individual requests exemption from jury duty.

Other bills of interest: 

Licenses for addiction counselors
S.E.A. 96, P.L. 122
Effective July 1, 2009

St. Joseph superior court judges
H.E.A. 1491
Vetoed – May 13, 2009

Note:
The judicial salaries fee increases by $1 effective July 1^st. IC 33-37-5-26.  [Updated 6-5-09: Please disregard this note, which was included in error.  There are currently no changes to the judicial salaries fee to report.]

Coverage of mental health services in CHIP
S.E.A. 102, P.L. 103
Effective July 1, 2009
Provides that coverage for mental health services under the CHIP program must include inpatient mental health and substance abuse services, psychiatric residential treatment, community mental health rehabilitation, and outpatient mental health and substance abuse services.  Prior authorization may be required. 

Other bills of interest:

Noncode statutes
S.E.A. 346, P.L. 16
Effective July 1, 2009

Natural resource matters
S.E.A. 546, P.L. 69
Effective July 1, 2009

Publication of notices
H.E.A. 1230, P.L. 141
Effective July 1, 2009

Switzerland county deputy prosecuting attorney
H.E.A. 1494, P.L. 112
Effective July 1, 2009

Accounting for public funds
H.E.A. 1514, P.L. 176
Effective May 13, 2009 (§ 21; 32); July 1, 2009 (§ 1-15; 17-20; 22-31); January 1, 2010 (§16)

Various probate & trust issues
H.E.A. 1287, P.L. 143
Effective May 12, 2009 (§ 1; 8); July 1, 2009 (§ 2-7; 9-52)

• Criminal Provisions

Provides criminal provisions for misuse of certain trust or escrow accounts and specifies that damages are subject to the statutes governing the inheritance tax, the Indiana estate tax, and the generation skipping transfer tax. The statute of limitations period for the criminal offenses of misusing funeral trust or preneed escrow accounts is five years after the date of the death of the settler or purchaser.

• Transfer on Death Property

Authorizes individuals to designate beneficiaries to receive certain forms of property, including real property, upon the death of the individual. The rights of a beneficiary to any part of property that is subject to a beneficiary designation after the death of the owner are determined under IC 29-3-8-6.5 under certain circumstances. Specifies the types of property transfers that are subject to the Transfer on Death Property Act. Provides that the probate court shall hear and determine questions and issue appropriate orders concerning the determination of the beneficiary who is entitled to receive transfer on death property and the proper share of each beneficiary.

• Funeral Declarations

Establishes a statutory form for a funeral planning declaration that allows a person to provide instructions concerning the person’s funeral arrangements. Provides that the declaration may be used to designate an individual who will make arrangements after the declaration is first in the priority and that a person designated in a health care power of attorney is second in the priority of individuals who can authorized the cremation of another person’s remains and who may authorize the owner of a cemetery to inter, entomb, or inurn the body or cremated remains of a deceased human.

• Power of Attorney

Provides that an attorney in fact or other individual acting on the behalf of the owner of property may make, revoke, or change a beneficiary designation under certain circumstances and may withdraw, sell, pledge, or otherwise transfer property that is subject to a beneficiary designation notwithstanding the fact that the effect of the transaction may be to extinguish a beneficiary’s right to receive a transfer of the property at the death of the owner.  This legislation also makes several other amendments to the power of attorney provisions.

• Trusts

Provides that a trustee of a trust may be a designated beneficiary regardless of whether the trust is amendable, revocable, irrevocable, funded, unfunded, or amended after the designation is made. Revises the law governing trusts to: (1) provide separate allocation procedures for payments made to a marital trust; and (2) permit the charging of tax payments to principal to the extent that receipts are allocated to principal.

• Other probate issues

Provides the methods of satisfying the survivors’ allowance, such as allowance may be claimed against personal property, real property, or a combination of personal property and real property of the decedent’s estate. Changes the mailing requirements for opening an estate or guardianship from certified mail to first class postage prepaid mail. Provides separate procedures for petitioning removal of a corporate personal representative following a change in the control of the corporate personal representative. Provides the method of determining the amount a joint owner or beneficiary of a protected person’s multiple party account is entitled to receive from the protected person’s estate when a guardian has used assets of the multiple party account.

Learner’s permits and graduated licenses
S.E.A. 16, P.L. 101
Effective May 7, 2009 (§ 8; 19-21); July 1, 2009 (§ 1-7; 9-18)

This legislation provides for numerous amendments concerning when an individual who is less than 18 years of age may receive a learner’s permit or operator’s license (i.e., minimum age, driver’s education, minimum hours of driving practice, etc.), which become applicable to individuals beginning July 1, 2010. 

Makes the holder of a probationary license under 18 years of age ineligible for pretrial diversion or deferral with respect to certain alleged offenses and infractions involving motor vehicles.

Provides any license issued to an individual less than 18 years of age is a probationary license. The individual may not operate a mother vehicle from 10 p.m. to 5 a.m. of the following morning during the first 180 days after issuance of the probationary license. After 180 days after the issuance of the license until the individual becomes 18 years of age, the individual may not operate a motor vehicle between 1:00 a.m. and 5:00 a.m. on Saturday or Sunday, after 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday. An individual may operate a motor vehicle during these time periods if they are participating in, going to or returning from lawful employment, a school sanctioned activity or a religious event, or accompanied by a licensed driver over 25 years of age. Prohibits an operator under the age of 18 from operating a motor vehicle while using a telecommunications device except for making a 911 emergency call. Revises the period during which certain passengers may not accompany a probationary operator.

Requires the State Board of Education and the Criminal Justice Institute to adopt rules specifying that the classroom portion of driver education may not be provided to a child less than 15 ½ years of age.

 Other bills of interest:

School & church bus matters
H.E.A. 1021, P.L. 70
Effective July 1, 2009

School zone signs; emergency vehicle lights
H.E.A. 1123, P.L. 138
Effective July 1, 2009

Parking with former prisoner of war plates
H.E.A. 1258, P.L. 6
Effective July 1, 2009

Various motor vehicle matters
H.E.A. 1323, P.L. 145
Effective July 1, 2009

Child restraint systems; special purpose buses
H.E.A. 1339, P.L. 146
Effective July 1, 2009

Off-road vehicles, farm wagons, and golf carts
H.E.A. 1483, P.L. 150
Effective July 1, 2009

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The Legislative Update is a weekly update of the activities of the Indiana General Assembly and a publication of the Indiana Judicial Center.