General Information

February 12, 2010 | Category: General

This is the sixth weekly installment of the Legislative Update for the 2010 legislative session.  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.

Civil Law

February 12, 2010 | Category: Civil

The Senate Judiciary Committee heard HB 1062, sponsored by Sen. Bray and Sen. Lanane, proposing the adoption of the uniform enforcement of foreign judgments act.  After a brief discussion that assured the committee that the bill does not apply to dissolution actions, the committee passed the bill 7-0.

Criminal Law

February 12, 2010 | Category: Criminal

The Senate Judiciary Committee heard HB 1234, sponsored by Sen. Becker and Sen. Lanane, requiring the court to include no contact orders as a condition of bail for defendants charged with certain violent crimes who are released without a bail hearing.  The Committee noted how broad the definition of violent crime is in this legislation and amended the bill to make it clear that the violent crime must cause bodily injury to a victim.  Steve Johnson, Prosecuting Attorney’s Council, noted the bill only applies to those charged with and not arrested for a violent crime, and creates a presumptive no contact order without review by a judge.  Larry Landis, Public Defender Council, stated that victims do not always request a no contact order and that the bill might have an unconstitutional chill on the defendant’s right to bail.  He reported that the House considered adding a requirement that the no contact order expire within a certain number of hours after issue.  The Committee amended the bill to establish that the no contact order expires 10 days after issue.  The bill passed as amended 9-0.

Family and Juvenile Law

February 12, 2010 | Category: Family/Juvenile

The House Public Policy Committee heard SB 163 concerning various child support matters sponsored and presented by Rep. L. Lawson.  This bill addresses a number of areas including improving compliance with current federal regulations, intercepting funds from gaming winnings, imposing sanctions on TANF recipients failing to cooperate with IV-D prosecutors, adding two categories to the list of available license suspensions for failure to pay support, and providing for medical care support.  Director James Payne, Department of Child Services, testified in support of and explained the details of the bill.  The Indiana Prosecuting Attorneys Council also testified in support.  There were a number of questions and concerns raised by Committee members and other entities that spoke on the bill.  The Committee Chair held the bill until next week and requested Committee members review three proposed amendments addressing gaming intercept matters, TANF matters, and active-duty military matters.

The Senate Judiciary Committee heard HB 1193 regarding juvenile, education and law enforcement matters.  Sen. Breaux, bill sponsor, and JauNae Hanger, Indiana State Bar Association, introduced the bill.  Sen. Bray offered an amendment to remove the bill provisions requiring funding.  This bill creates a broad based work group to study and make recommendations for training law enforcement and school officers on how to interact with youth.  Among the items removed were the funding requirement for training at the law enforcement academy and training requirements for security guards before being allowed to carry a firearm on school property.  Judge Steve Teske, Georgia, testified in favor of the legislation and described a similar program in use in Georgia.  He reported that detention rates have decreased as referrals of youth from schools for minor acts have decreased.  Dr. Matt Alsma from the I.U. School of Medicine, representatives from the Children’s Bureau, IARCCA, Prosecuting Attorney’s Council, Public Defender Council, the Indiana Criminal Justice Institute, School Superintendent’s Association, ISBA and others testified in support of the bill.  The bill passed as amended 6-1.

Judicial Administration

February 12, 2010 | Category: Administration

The Senate Appropriations Committee heard HB 1154 concerning Marion County magistrates sponsored by Sen. Schneider, Sen. Taylor and Sen. Breaux.  The bill proposes to convert the 24 Marion County commissioners to magistrates utilizing a $35 traffic infraction fee to fund these positions.  Sen. Schneider and Rep. Pryor presented the bill.  Marion County judges Timothy Oakes and Heather Welch provided background information on the bill and responded to questions from Committee members.  Sen. Kenley voiced concerns that the bill proposal will require state funding in the future and suggested that Marion County be permitted to keep the $35 traffic infraction fees to support Marion County court costs.  The bill was held for a week to permit additional review of this proposal.

Miscellanous

February 12, 2010 | Category: Miscellaneous

The House Judiciary Committee heard SB 134 concerning noncode statutes sponsored by Reps. Bartlett and Foley.  The bill was passed 9-0.

The House Judiciary Committee heard SB 222 concerning technical corrections sponsored by Reps. Bartlett and Foley.  The bill was passed 10-0.