General Information

January 29, 2010 | Category: General

This is the fourth weekly installment of the Legislative Update for the 2010 legislative session.  We are approaching the mid-point of the short session.  The last day for third reading of both Senate and House bills is February 3, 2010.  Below are the summary updates of bills 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.

For your convenience in navigating this lengthy installment, we have included a Table of Contents below.

Table of Contents 

Civil Law:
SB 394 – Attorney General matters
HB 1047 – Change of name requirements
HB 1350 – Uniform acts concerning civil procedure

Criminal Law:
SB 26 – Child solicitation
SB 43 – Murder sentencing and sentence enhancements
SB 148 – Developmental disabilities
SB 213 – Unauthorized aliens
SB 224 – Electronic dissemination of indecent material
SB 247 – Ignition interlock devices
SB 291 – Sex or violent offender tracking program
SB 293 – Bail
SB 340 – Parole Board duties
SB 342 – Bodily substance samples
HB 1242 – Credit time for behavior management programs
HB 1258 – Animal regulation
HB 1315 – Illegal practice of law and racketeering activity

Elections and Voting:
SB 324 – Explanation of proposed constitutional amendments

Juvenile and Family Law:
SB 140 – Adoption matters
SB 149 – Department of Child Services
SB 295 – Family and Social Services
SB 417 – Family law and foreign jurisdiction
HB 1085 – Disposition of certain children in need of services (CHINS)
HB 1167 – Placement of children outside of Indiana

Judicial Administration:
SB 36 – Magistrates
SB 307 – Floyd County courts
HB 1269 – Clark County courts
HB 1271 – Problem solving courts

Miscellaneous:
SB 96 – Prenatal Substance Abuse Commission
SB 253 – Constitutional amendment ballot language
HB 1276 – Domestic violence, bullying, and sending of sexual material
HB 1335 – Rights of publicity

Salaries and Benefits:
SB 397 – Indiana public retirement system

Traffic Law:
SB 221 – Conditions of hardship licenses
SB 265 – Resisting law enforcement and license suspension
SB 399 – Fines for moving violations

Civil Law

January 29, 2010 | Category: Civil

The Senate Judiciary Committee heard SB 394 regarding attorney general matters authored by Sen. Bray.  The bill requires courts to certify to the attorney general if the constitutionality of a state statute, ordinance, or franchise affecting the public interest has been called into question, and the court shall permit the attorney general to intervene and present arguments and evidence that relate to the question of constitutionality.  The attorney general is also permitted to intervene in cases where a party bases a claim or defense on a statute or executive order administered by a state officer or agency.  The bill also provides that the attorney general may file an amicus brief in any matter pending before any state court without consent of the parties or leave of the court.  Representatives from the Attorney General’s office and Steve Johnson, Prosecuting Attorneys Council, testified in support of the legislation.  The bill passed 10-0.

The House Judiciary Committee heard HB 1047 authored by Reps. Cheatham and M. Smith on change of name requirements.  The bill requires that a petition for a name change: (1) include specified proof of identity, including a driver’s license number, date of birth, etc.; (2) be affirmed under penalties of perjury; and (3) be filed with the circuit court of the county in which the person resides.  Rep. Cheatham will propose a second reading amendment that will put confidential information about identity on green paper pursuant to Administrative Rule 9.  The bill passed 9-0.

Criminal Law

January 29, 2010 | Category: Criminal

The Senate Corrections, Criminal, and Civil Matters Committee heard SB 26, Sen. Head’s bill making child solicitation a C felony if committed by a person at least 21 years of age against a child less than 14 years of age if the person performs an overt act demonstrating intent to physically meet the child.  The bill also enhances the offense when committed by means of a computer network.  The Committee pointed out that the bill has a fiscal impact and would have to be approved by the Appropriations Committee.  With the understanding that the bill could well fail for lack of Appropriations approval, the Committee passed the bill 5-3.

The Senate Corrections, Criminal, and Civil Matters Committee heard SB 43, Sen. Boots’ bill on murder sentencing and sentence enhancements.  The list of aggravating circumstances for imposing a death or life without parole sentence is amended by the addition of the commission of a murder in the presence of a person under age 16 whom the defendant knew was present and might be able to see or hear the murder.  The bill also provides for an enhanced penalty of one to three times the advisory sentence, capped at 30 years, for an offense against the person resulting in death or serious bodily injury, for kidnapping, or for criminal confinement as a Class B felony, if the offense was committed in the presence of a person under age 16 whom the defendant knew was present and might be able to see or hear the offense.  The bill also establishes a ten-year sentence enhancement for an offense against the person resulting in death or serious bodily injury, for kidnapping, or for criminal confinement as a Class B felony, if the offense was committed in knowing or intentional violation of a protective order.  Committee members acknowledged that the bill will likely require Appropriations Committee approval.  The bill passed 7-0.

The Senate Health and Provider Services Committee heard SB 148 authored by Sen. C. Lawson, on developmental disabilities.  Sen. Lawson introduced an amendment that removes the requirement that pre-sentence investigation reports contain certain mental health information, including whether the person has a developmental disability.  She explained that the corrections/developmental disability portion of the bill was removed due to the fiscal impact.  The remainder of the bill requires that adult day service providers be accredited by an organization approved by the Bureau of Developmental Disabilities Services.  The bill passed as amended 11-0.

The Senate Appropriations Committee heard SB 213 authored by Sens. Delph, Boots and Kruse, on unauthorized aliens.  An amendment was adopted making changes to several of the criminal provisions of the bill.  The amended bill passed 12-0.

The Senate Corrections, Criminal, and Civil Matters Committee considered SB 224, Sen. Merritt’s bill on the electronic dissemination of indecent material.  The bill establishes a special category of delinquency for a child who creates, transmits, or possesses an image showing a minor in a state of nudity.  The bill, heard last week, was reviewed by a subcommittee of members who proposed amendments to limit the delinquency to images depicting a minor engaging in “sexual conduct” as defined by statute, to authorize the court to require parents as well as the minor to take educational programs, and to add “displays” to the prohibited conduct with respect to the image.  The bill passed as amended, 10-0.

The Senate Judiciary Committee heard SB 247 concerning ignition interlock devices authored by Sen. Head.  The bill allows courts to prohibit a person convicted of DUI from operating a motor vehicle for at least 90 days if the vehicle is not equipped with an ignition interlock device.  The Committee heard testimony in support of the bill, including testimony urging mandatory interlock requirements.  Steve Johnson, Prosecuting Attorney’s Council, testified in support of the bill and agreed that judicial discretion was important in these cases.  He also pointed out two areas of concern:  (1) bill changes to requirements for probationary licenses and (2) the use of interlock on vehicles driven for employment purposes.   Larry Landis, Public Defender’s Council, agreed that these areas need to be addressed.  Sen. Head acknowledged these issues and agreed to look at a second reading amendment.  The Committee adopted an amendment striking language that the prohibition period could extend one year beyond the sentence imposed, and the bill passed as amended 8-0.

The Senate Corrections, Criminal, and Civil Matters Committee heard SB 291, Sen. Steele’s bill on the sex or violent offender tracking program.  The bill provides for a $1 technology fee to be imposed on all probationers and paid to either the probation department or the clerk for deposit in the public safety technology fund.  The fund is to be administered by the attorney general to pay for a sex or violent offender tracking program which must have specific search and mapping capacities, address verification features, 99.9 % uptime, full-time user support services, and other items.  Some members were concerned that the $1 fee might generate more money than required, but it was agreed the fee could be lowered in future legislative sessions if that occurred.  The anticipated cost of the program is $425,000 per year.  A member observed that the bill may have to be approved by the Appropriations Committee.  The bill passed 9-1.

The Senate Corrections, Criminal, and Civil Matters Committee heard SB 293, Sen. Waterman’s bill to amend the bail laws.  The bill is identical to the bill that passed last year in the Senate but failed in the House.  (Note:  the bill this year as introduced contains no prohibition of ten percent cash bail for offenses against the person, in contrast with last year’s bill, which had its proposed prohibition of ten percent cash bail removed by amendment in the Committee, before Senate adoption.)  The bill requires the court to give a surety notice at least 72 hours prior to a hearing “for purposes of entering a plea” unless the hearing is within 72 hours of the execution of the bail bond.  The provision requiring forfeiture of the ten percent deposit cash bail “no later” than 120 days after a failure to appear was amended to allow forfeiture “not earlier” than 120 days after failure to appear.  The bill’s proposal for prohibiting forfeiture if the bondsman showed by “evidence satisfactory to the court” that the defendant could not be produced “because authorities have failed or refused to extradite the defendant” was amended to strike the term “failed,” so that the prohibition would apply only if the authorities had “refused” to extradite.  The “satisfactory to the court” language was replaced with “preponderance of the evidence.”  The Committee amended the bill to remove its provisions abolishing real estate bonds and bail bonds with “sufficient solvent sureties.”  The bill passed as amended 11-0.

The Senate Judiciary Committee heard SB 340 on parole board duties authored by Sen. Bray.  The bill makes a community investigation by the parole board discretionary and establishes a one-year parole period for qualifying parolees.  The Committee adopted an amendment listing the eligibility criteria for the one-year parole period, including placement on parole for the first time, the person’s paroling offense is not a violent crime, the person is not a sex offender, and the person did not violate a department of correction rule in the six months prior to being paroled.  The bill passed as amended 11-0.

The Senate Judiciary Committee heard SB 342 regarding bodily substance samples authored by Sen. Lanane.  The bill amends the list of individuals who may obtain bodily substance samples under the implied consent laws to include any person, other than a law enforcement officer, who is competent to draw blood as a result of training or experience.  Sen. Lanane indicated that this bill was brought in response to the decision in Brown v. State, 911 N.E.2d 668 (Ind. Ct. App. 2009).  The Committee adopted an amendment making the bill effective upon passage and specify that IC 9-30-6-6(j) does not apply to samples at a licensed hospital.  Steve Johnson, Prosecuting Attorney’s Council, testified in support of the bill and informed the Committee that transfer was granted by the Indiana Supreme Court in the Brown case vacating the Court of Appeals decision.  Supporting testimony was also given by the Monroe County Prosecutor and a member of the Fishers Police Department.  The bill passed as amended 9-0.

The House Judiciary Committee heard HB 1242 authored by Rep. V. Smith on credit time for behavior management programs.  The bill requires the Department of Correction to establish and implement behavior management programs with the goals of reducing offender misconduct, prison violence and recidivism.  Offenders who complete one or more of these programs are entitled to a maximum of six months of earned credit time.  An amendment was proposed restricting sex offenders and violent offenders from participating in these programs.  The amendment was held for further action on the House floor.  The bill passed 9-2.

The House Courts and Criminal Code Committee heard HB 1258 on animal regulation authored by Reps. L. Lawson and Barnes.  Among other provisions, the bill makes promoting animal fighting a predicate offense under the racketeering statute and attending an animal fighting contest a Class D felony.  The bill was amended to create a new Class B infraction for neglecting a horse.  The bill passed as amended 11-0.

The House Judiciary Committee heard HB 1315 authored by Reps. Foley and VanHaaften pertaining to the illegal practice of law and racketeering activity.  The bill provides that the practice of law by a person not an attorney is considered racketeering activity for the purposes of the law concerning racketeer influenced and corrupt organizations (RICO).  Rep. Koch explained that the bill authorizes actions against people who aid, abet, associate or conspire with someone who engages in the unauthorized practice of law.  Rep. Delaney stated that the conspiracy law already in place can be used to get at the same problem.  The bill is supported by the Indiana State Bar Association.  After committee discussion on the definition of the “practice of law” and the cost of pursuing increased penalties, the bill passed 9-3.

Elections and Voting

January 29, 2010 | Category: Elections/Voting

The Senate Judiciary Committee heard SB 324 concerning explanation of proposed constitutional amendments authored by Sen. Dillon.  The bill requires Legislative Services to prepare a neutral summary of any proposed constitutional amendments for approval by the Legislative Council and for distribution and posting at all polling places.  The Committee heard testimony in opposition to the bill.  The bill passed 10-0.

Family and Juvenile Law

January 29, 2010 | Category: Family/Juvenile

The Senate Judiciary Committee heard SB 140 on adoption matters authored by Sens. Zakas and Broden.  This bill is proposed in response to several recent appellate decisions.  The bill’s first section provides that a man who is given notice of an adoption and is barred from filing a paternity action may not file as next friend of the child or request a prosecutor to file on his behalf.  (Adoption of E.L., 913 N.E.2d 1276 (Ind. Ct. App. 2009)).  Three of the bill’s provisions clarify that if a man receives notice of adoption, he must file a notice to contest the adoption.  Current law permits the man to contest the adoption or to file a paternity action.  (B.W. v. D.B., 908 N.E.2d 586 (Ind. 2009)).  The next provision clarifies that a man is only required to register with the putative father registry if the mother has not disclosed the name or address of the putative father to the attorney or an agency arranging the adoption of the child.  Another section provides that once a person executes a consent to adoption of a child, the same person may not execute a second or subsequent consent to adopt to another person unless the steps in this section are taken to withdraw the consent.  (In re Adoption of A.S., 912 N.E.2d 840 (Ind. Ct. App. 2009)).  The next section of the bill provides that the court may not grant the petition for adoption under IC 31-19-11-1(c), if a person adopting a child is convicted of one of the listed crimes in this section or, in new language, an attempt to commit any one of the crimes listed.  (In re Adoption of J.L.S., 908 N.E.2d 1245 (Ind. Ct. App. 2009)).  The remaining sections of the bill specify that only an attorney licensed to practice in Indiana or a child placing agency licensed in Indiana may engage in adoption facilitation in Indiana. 

SB 149 authored by Sen. C. Lawson concerning the Department of Child Services was heard by the Senate Judiciary Committee.  This legislation provides (1) the DCS will no longer be charged a fee for fingerprinting when investigating the prospective placement for a child; (2) the Clerk will no longer be required to send copies of all adoption petitions to DCS; (3) clarifies language to provide whether the applicant for a foster home license has been charged with a felony or misdemeanor pertaining to the health and safety of children; (4) provides if a court issues orders in a CHINS, delinquency or paternity case in the areas of custody, support or visitation, for example, and there is already a dissolution proceeding pending involving the child, the court in the original action shall reassume primary jurisdiction and conduct any additional proceeding after the order in the CHINS, delinquency or paternity case was transmitted to the court in which the original action was filed; (5) repeals language requiring the Child Protection Team to provide diagnostic and prognostic services; (6) adds language to permit DCS to petition a court to seek authority to interview a child without the parent, guardian or custodian, when refused the authority to do so by a parent, guardian, or custodian under IC 31-33-8-7; (7)  clarifies information and data which must be disclosed in a child fatality and near fatality case; and (8) adds authority for a juvenile or probate court to create a guardianship over a minor which allows the court to set the terms and conditions a parent must meet before the parent can seek termination of the guardianship. The bill also requires DCS to be notified if a guardianship is created during an Informal Adjustment or CHINS case.  Requires the court to consider the position of DCS and allow DCS to present evidence on whether the guardianship should be modified or terminated, the fitness of the parent and the best interests of the child.  The Indianapolis Children’s Bureau and the Indiana Association of Child Care Agencies spoke in favor of this enhanced guardianship statute. The bill was amended to require DCS to investigate reports of abuse and neglect in child caring institutions and to report the results of that investigation.  Another amendment reduces the time when DCS or the prosecutor must give notice of the use of child testimony from 20 to 7 days and makes the bill effective on passage.  The Committee discussed at length whether DCS should have the authority to petition the court to interview a child without parental consent.  DCS indicated the need to petition the court for this authority in order to resolve reports of abuse or neglect, often before the filing of a CHINS case.  Committee members expressed concern about a false accusation or a misunderstood question by a child without a parent during the interview.  The committee amended this provision, by a rare hand vote, to provide that if DCS petitions the court to interview the child without a parent; the parent must be given notice of the hearing at which the petition will be heard.  The bill passed as amended, 8-3

The Senate Health and Provider Services Committee heard SB 295 authored by Sen. Miller on Family and Social Services.  An amendment was proposed that allows, among other things, certain individuals who were convicted of a drug offense but have not been convicted of another drug offense in the previous 5 years to receive food stamps.  The bill passed as amended, 9-0.

The Senate Corrections, Criminal, and Civil Matters Committee heard SB 417, Sen. Head’s bill on family law and foreign jurisdiction.  The bill prohibits the enforcement of contractual provisions calling for the application of the law of a foreign jurisdiction which “does not grant the parties the same fundamental liberties, rights, and privileges” conferred by the Constitutions of the United States and Indiana.  The bill also prohibits the enforcement of ADR or arbitration decisions based on the laws of such a foreign jurisdiction.  The bill was amended making it applicable only to a “court order concerning family law,” and to limit the required “fundamental liberties, rights, and privileges” to those conferred by the U.S. Constitution.  The bill passed as amended 8-0. 

The House Courts and Criminal Code Committee voted on HB 1085, disposition of certain children in need of services (CHINS), authored by Rep. Avery which provides that reasonable efforts to reunify a child with his or her parent are not required in certain circumstances.  The bill was amended to specify that those circumstances include a reasonable probability that continuation of the parent-child relationship poses a threat to the well-being of the child or that the child has twice been adjudicated a child in need of services.  The bill passed as amended 10-0.

The House Judiciary Committee heard HB 1167 authored by Rep. Moses concerning the placement of children outside Indiana.  The bill removes a provision that DCS is not responsible for the costs of an out-of-state juvenile placement in CHINS and delinquency cases unless recommended or approved by DCS.  An amendment was adopted providing that DCS is not required to pay for the placement of delinquents outside Indiana if the placement is more expensive than similar services provided in Indiana.  A representative from Gibault and DCS Director James Payne spoke against the legislation.  Director Payne said keeping children in the home and in Indiana is the best practice.  He reported the average occupancy rate of Indiana’s residential providers is 64%, and argued that treatment alternatives should be developed for this unused capacity.  Rep. Avery inquired how DCS is in a better position to make a placement decision than a judge who sits in the courtroom and hears testimony from the child, witnesses, GAL/CASA, etc.  Rep. Foley stated that DCS is in a better position to synthesize all the available resources for children in Indiana.  Judge Peter Nemeth, St. Joseph Probate Court, spoke in favor of the legislation describing the court’s statutory duty to do what is in the best interests of the child.  Two representatives from Rite of Passage testified in support of the legislation describing the services offered by their out-of-state facilities, including parental visitation.  The bill passed as amended, 9-2.

Judicial Administration

January 29, 2010 | Category: Administration

The Senate Judiciary Committee heard SB 36 on magistrates authored by Sen. Bray.  The bill permits magistrates to become certified as senior judges.  Mag. Craig Bobay, Allen Circuit Court and Magistrate Representative for the Indiana Judges Association, and Judge Terrence Cody, Floyd Circuit Court and President of the Indiana Judges Association, testified in support of the bill.  The bill passed 9-0. 

The Senate Judiciary Committee also heard SB 307 regarding Floyd County courts authored by Sen. Sipes.  The bill establishes concurrent juvenile jurisdiction in the Floyd Circuit Court and the Floyd Superior Court No. 3.  Judge Terrence Cody, Floyd Circuit Court, testified in support of this legislation and indicated that Floyd County hopes to present a plan for a unified court system in the future, but that this bill would provide immediate relief for a growing docket and allow the courts to operate more efficiently.  The bill passed 10-0.

The House Judiciary Committee heard HB 1269 authored by Rep. Stemler unifying the Clark County courts.  This bill creates one circuit court with four judges, similar to the Monroe County and Delaware County models.  The County Clerk, Council and Commissioners support this bill.  Judge Daniel Moore, Clark Circuit Court, spoke in support of the legislation stating that the provisions will permit transferring cases among the courts.  He confirmed that the four probation departments are already in the process of being consolidated.  Judge Vicki Carmichael, Clark Superior Court, reported that this bill is a result of a recommendation from a national consultant paid with grant funds.  The bill was amended twice.  The first amendment provides that if a consensus of the judges concerning actions required by the entire court is not possible, the decision of the majority controls.  If a majority vote could not be reached then the action would not occur.  The second amendment provides for the establishment of a third superior court in Bartholomew County.  This court will be paid for with an infraction judgment fee of $20.00 for each traffic violation in Bartholomew County.  If this fee does not cover the entire cost of the new court, Bartholomew County will cover the difference.  Rep. Avery expressed concern that this county might not have the highest need according to the weighted caseload study.  Another representative expressed concern with making the court system a “fundraiser” for its own operation.  The bill passed as amended 7-0. 

The House Judiciary Committee heard HB 1271 authored by Reps. Koch, Pierce, Richardson and L. Lawson establishing the certification of problem solving courts.  Testimony in support of the bill was heard from Judge Jose Salinas, Marion Superior Court, Judge Chris Monroe, Bartholomew Superior Court, and Diane Mains, Indiana Judicial Center.  Gregory Server, Indiana Parole Board Chairman, testified in support of the bill but requested that the Committee amend the bill to require the Parole Board to discharge a parolee from parole upon the recommendation of the problem solving court judge. The amendment was adopted by consent. The Public Defender Council also testified in support of the bill but stated that the opportunity to participate in a problem solving court should not be contingent upon a defendant’s guilty plea.  The amended bill passed 11-0.

Miscellaneous

January 29, 2010 | Category: Miscellaneous

The Senate Health and Provider Services Committee heard SB 96 authored by Sen. Errington, on the Prenatal Substance Abuse Commission.  The bill creates the prenatal substance abuse commission to develop and recommend a coordinated plan to improve early intervention and treatment for pregnant women who abuse alcohol or drugs or use tobacco.  The commission membership includes a drug court judge and a prosecuting attorney or deputy prosecuting attorney who practices in a drug court.  The bill passed 11-0.

The Senate Tax and Fiscal Policy Committee heard SB 253 authored by Sen. Kenley concerning constitutional amendment ballot language.  The bill specifies the ballot language for the submission of the proposed amendment to the Constitution of the State of Indiana concerning circuit breakers and other property tax matters.  The bill was amended to cap property taxes for all classes of property.  The amended bill passed 8-3.

The House Judiciary Committee heard HB 1276 on domestic violence, bullying, and sending of sexual material authored by Rep. Blanton.  Among other things, the bill provides that a court may require a person convicted of domestic battery to have only supervised visitation with the person’s child, and requires the Department of Child Services (DCS) to facilitate the supervised visitation; provides that a court may require a person charged with domestic violence to wear a GPS tracking device as a condition of bail; increases the time a facility is required to have custody of a person arrested for domestic violence from 8 to 24 hours; and permits any person over 15 to file for an order of protection.  Rep. Blanton acknowledged that some of the bill provisions have a fiscal impact and may need to be amended.  The committee adopted by consent Amendment 2 which provides that if a person has been indicted for a sex crime and the victim requests an HIV test, the test must be performed within 48 hours.  Current law provides that the victim can petition the court and a hearing will be held within 48 hours.  The new language is needed to secure federal funding that will otherwise be lost.  Two other amendments were briefly discussed.  Representatives of the United Way, Indiana Coalition Against Domestic Violence, the Attorney General’s Office, Hoosier Hills PACT, and DCS testified in favor of the bill.  A representative of Indiana Custodial Rights Advocates testified against the bill.  Larry Landis, Public Defender Council, testified against the bill’s provision extending the hold time on people arrested for domestic violence, stating that it flies in the face of the presumption of innocence and the Indiana Constitutional right to bail. 

Bill amendments were discussed at the committee meeting the next day.  The first amendment:  (1) permits the appointment of a GAL/CASA to facilitate supervised visitation when a person is convicted of domestic battery, and (2) removes the language permitting a person at least 15 years of age to file a petition for a protection order.  In addition, the committee agreed to amend the legislation to require the Indiana Criminal Justice Institute to seek grants to administer a tracking system for domestic violence reporting to the FBI, rather than seeking state monies to gather this information.  A third amendment was introduced by Rep. Noe requiring JTAC to report to the Commission on Courts the status of the implementation of the judicial technology project and the number of dissolution decrees entered in Indiana for the previous year.  Another amendment permits the victim of a sex offense to request that the defendant undergo a HIV test within 48 hours if the defendant compelled the victim to engage in sexual activity by force or threat of force.  Pursuant to this amendment, the prosecutor is no longer responsible for requesting the HIV test.  With the above amendments, the bill passed 8-2.             

The House Courts and Criminal Code Committee heard HB 1335 on rights of publicity for personalities authored by Rep. Bardon.  The bill was amended to provide the same rights for beneficiaries of deceased personalities who died before 1993 as beneficiaries who died after 1993.  Although Rep. Foley suggested that the matter go to a summer study committee, the bill passed out of committee as amended 7-5.

Salaries and Benefits

January 29, 2010 | Category: Salaries/Benefits

The Senate Pensions and Labor Committee heard SB 397 authored by Sen. Walker, establishing the Indiana public retirement system.  The Indiana public retirement system (system) would administer and manage a number of public retirement funds including: the public employees’ retirement fund (PERF); the teachers’ retirement fund (TRF); the judges’ retirement fund; the prosecuting attorneys retirement fund; and the legislators’ retirement system. The bill also creates an eleven member board of trustees for the system (board) consisting of ten members appointed by the governor and the director of the budget agency (or designee) serving as an ex officio voting member, among other things.  An amendment making various changes to the bill provisions was adopted.  The amended bill passed 7-4.

Traffic Law

January 29, 2010 | Category: Traffic

The Senate Corrections, Criminal, and Civil Matters Committee heard SB 221, Sen. Wyss’s bill on conditions of hardship licenses.  The bill requires that habitual traffic violator (HTV) restricted permits be issued only if the court orders the driver not to operate while under the influence of alcohol or other intoxicating substances.  The bill also requires that HTV restricted permittees be subject to a mandatory monitoring requirement, with three alternative types of monitoring within the court’s discretion to impose (ignition interlock, “certified chemical test” if lawfully stopped, or wearing a device that detects and records use of alcohol).  The bill was amended to limit the mandatory HTV monitoring conditions only to those HTV whose status is based on at least two prior convictions for operating under the influence of alcohol or intoxicating substances, with one of the convictions being within the prior five years.  The alternative mandatory condition for wearing a device detecting and recording the person’s use of alcohol was struck from the bill.  A new alternative catch-all mandatory condition was added for any other reasonable monitoring requirements as determined by the court.  The alcohol test alternative mandatory monitoring requirement was amended to strike the requirement that the test be “certified.”  As amended, the bill passed 11-0.

Sen. Arnold’s SB 265 on resisting law enforcement and license suspension was heard by the Senate Corrections, Criminal, and Civil Matters Committee. The bill provides for the mandatory license suspension for persons who flee from police in automobiles.  The bill was amended both to strike its provision for forfeiture of the automobile and the mandatory two-year suspension for a second offense.  In response to member concerns about persons who drive to safely lit areas at night when being stopped by police, the bill was amended to make the suspension apply only to persons evading police by exceeding the speed limit by 20 miles per hour or more or by committing reckless driving.  The bill was also amended to provide that the license suspension would be within the court’s discretion rather than mandatory.  As amended, the bill passed 10-1.

The Senate Appropriations Committee heard SB 399 authored by Sen. M. Young which caps fines for moving violations.  Fines would be capped: (1) at court costs if the motorist admits the violation prior to his court date, (2)  at costs plus $50.50 if the motorist admits the violation on the day of the court date, (3) at costs plus $50.50 if the motorist contests and is found to have committed the violation in court and has not contested another moving violation within the previous five years, (4) at costs plus $250.50 if the person contests and is found to have committed the violation and is found to have contested another moving violation within the previous five years, and (5) at costs plus $500 if the person contests and is found to have committed the violation and is found to have contested two or more moving violations in the previous five years.  The bill passed 12-0.