General Information

January 8, 2010 | Category: General

This is the first weekly installment of the Legislative Update for the 2010 legislative session.  As in the past, the Indiana Judicial Center will report on matters of interest to the judiciary.  If you are interested in reading the text of any bill introduced this session, you may find the bill information on Access Indiana at: http://www.in.gov/apps/lsa/session/billwatch/billinfo.

Criminal Law

January 8, 2010 | Category: Criminal

The Senate Corrections, Criminal and Civil Matters Committee heard Sen. Paul’s SB 71, pertaining to the unlawful termination of pregnancy (OVWI), which increases the penalty for drunk driving to a C felony if it causes “the termination of another person’s pregnancy.”  The bill also expands the reckless homicide offense to include “recklessly terminat[ing] another person’s pregnancy.”  Testimony was heard from the victim of a crash that caused the loss of her unborn child and from the prosecutor and sheriff in the crash county about the need for a greater sanction for the loss of an unborn child.  Planned Parenthood and other entities said they had “concerns” about the bill’s inclusion of the loss of any fetus.  Larry Landis of the Public Defender Council observed that a pregnancy might be terminated by lesser traumas in its earlier stages with the result that the proposed reckless homicide expansion might be broader than members would think appropriate.  Prosecuting Attorneys Council’s Steve Johnson discussed the various policies in the penal code on losses of unborn children.  Chair Sen. Steele held the bill and established a subcommittee to assess the questions about the age of the unborn child and report to the Committee next week.

The Senate Corrections, Criminal and Civil Matters Committee heard Sen. Arnold’s SB 81, on the Criminal Law and Sentencing Policy Study Committee.  The bill expands the role of the present Sentencing Policy Study Committee to include all matters relating to criminal law and procedure, and establishes the Committee’s permanent status.  Sen. Tallian proposed an amendment permitting the judiciary rather than the governor to appoint the four trial judge members of the Committee.  She stated that the Committee appointment authority should be more equally spread among the branches of government.  She also proposed that the Indiana Judges Association appoint the four trial judge members.  Sen. Tallian stated that she had not been asked to propose this language by the Association or by any member of the judiciary.  The amendment passed 6-4, and the amended bill passed 7-3.

Family and Juvenile Law

January 8, 2010 | Category: Family/Juvenile

The Senate Judiciary Committee heard testimony on SB 163, regarding various child support matters. The bill makes numerous changes to Indiana’s child support collection laws to comply with federal regulations and enhance collection of child support.  Under existing law, courts are required to enter an immediate income withholding order for support in Title IV-D cases unless the parties submit a written agreement that meets certain requirements and is approved by the court.  The bill extends this law to all cases where support is ordered and provides that the written agreement must be entered into the record of the court.  The proposed legislation also clarifies procedures when there is more than one order for withholding.  The withheld income is to be distributed pro rata among the persons entitled to receive support, giving priority to orders for current support and prohibiting the payor from distributing the monies in a manner that results in one of the current obligations not being honored.

Director James Payne, Department of Child Services, summarized bill provisions in the following areas: (1) interception of gambling jackpot winnings over $1,200.00 for obligors delinquent in child support; (2) requirements that TANF recipients cooperate with Title IV-D collection efforts; (3) suspension of licenses for alcoholic beverage services and gaming-related licenses for nonsupport; (4) additional language to comply with requirements for medical support of children [Note: amended child support guidelines already comply with federal requirements]; (5) provisions to enhance laws for location of support obligors through government agency records; (6) elimination of the $150 fee for license reinstatement if the license was suspended for child support; and (7) clarification that a court may consider a child emancipated when the child is on active duty with the U.S. military, not upon “joining” the U.S. military; and other areas.      

Discussion of this legislation concerned the Casino Association’s opposition to interception of gambling jackpot winnings over $1,200.00 to pay child support arrearages.  Representatives from the Prosecuting Attorneys Council, Indiana Chamber of Commerce, Indiana Bankers Association, Indiana Coalition Against Domestic Violence, Casino Association, and the Judicial Center testified.  Sen. Lanane discussed an amendment preventing an obligor from disclaiming an inheritance to avoid the interception of monies to pay arrearages.  Sen. Steele suggested the prohibition should apply only up to and including any amounts owed by the obligor.  Sen. Bray held the bill for further discussion on these and other possible amendments at the next committee meeting.

Judicial Administration

January 8, 2010 | Category: Administration

The Senate Corrections, Criminal and Civil Matters Committee heard Sen. Lawson’s SB 29, on county clerk immunity.  The bill provides that a circuit court clerk is not personally liable for acts or omissions in the performance of the clerk’s duties absent gross negligence or intentional disregard of the responsibilities of the office of clerk.  The bill also specifies that an action against the clerk’s bond based on an error or omission committed by the clerk may be brought despite the fact that a clerk is not personally liable for such error or omission.  Several clerks testified in support of the bill, and the Committee passed it 10-0.

The House Local Government Committee heard HB 1044, regarding county clerk liability.  This bill, which mirrors the provisions in SB 29, passed 11-0.

Salaries and Benefits

January 8, 2010 | Category: Salaries/Benefits

The Pensions and Labor Committee heard SB 104, authored by Sen. Kruse pertaining to prosecuting attorneys retirement fund issues.  The proposed amendments are sought to provide parity between the prosecuting attorneys retirement fund and the judges’ retirement fund as amended in 2007 and 2008.  Action on the bill was tabled to permit further exploration of potential funding sources to support the proposed amendments.