Miscellaneous

April 20, 2010 | Category: Miscellaneous

Discharge of long term inmates; credit time
S.E.A. 415; P.L. 42-2010
Effective July 1, 2010
Provides that an inmate is eligible for rehabilitation-based discharge if the inmate has served 21 years in the DOC and has received four years of credit time.  Allows certain persons to earn not more than six months credit time, as determined by the DOC, for completion of one or more reformative programs approved by the DOC.  Prohibits a person from earning credit time for completing the requirements for a general educational development (GED) diploma, a high school diploma, an associate’s degree, a bachelor’s degree, a career and technical education program, a substance abuse program, a literacy and basic life skills program, or a reformative program if the person: (1) commits a sex offense, criminal confinement if the victim is less than 18 years of age, or kidnapping if the victim is less than 18 years of age while the person is required to register as a sex or violent offender under the sex offender registration law; and (2) is committed to the DOC after being convicted of the offense.

County identification security protection fee [Training for county elected officials]
H.E.A. 1061, P.L. 45-2010
Effective July 1, 2010
Provides that beginning July 1, 2011, the $2 county identification security protection fee shall be deposited in the following manner: 1) $1 in the county recorder’s records perpetuation fund; 2) $.50 in the county identification security protection fund; and 3) $.50 in county elected officials training fund.  Requires each county to establish a county elected officials training fund, and that the money in the fund must be used to provide training of county elected officials.  Provides that an individual elected to the office of circuit court clerk after November 2, 2010, must complete at least 15 hours of training within one year, and 40 hours of training within three years after beginning the individual’s term as circuit court clerk.  These training courses are to be developed by the Association of Indiana Counties and approved by the State Board of Accounts.

Various provisions concerning firearms
H.E.A. 1065, P.L. 90-2010
Effective July 1, 2010
Prohibits a person, including an individual, a corporation, and a governmental entity, from adopting or enforcing a policy or rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from legally possessing a firearm or ammunition that is locked in the trunk of the employee’s vehicle, kept in the glove compartment of the employee’s locked vehicle, or stored out of sight in the employee’s locked vehicle while the vehicle is in or on the person’s property, unless the firearm or ammunition requires a certain federal license to possess.

Exempts the prohibitions on the possession of a firearm or ammunition in the following situations: (1) on school property, on property used by a school for a school function, or on a school bus; (2) on certain child care and shelter facility property; (3) on penal facility property; (4) in violation of federal law; (5) on property belonging to an approved postsecondary educational institution; (6) on the property of a domestic violence shelter; (7) at a person’s residence; (8) on the property of a person that is subject to the United States Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards and licensed by the United States Nuclear Regulatory Commission; (9) on property owned by a public utility that generates and transmits electric power or a department of public utilities; and (10) in an employee’s personal vehicle if the employee is a direct support professional who uses the employee’s personal vehicle while transporting an individual with developmental disabilities.  Provides that a court does not have jurisdiction over an action that: (1) is brought against an employer who is in compliance with the prohibition against adoption or enforcement of a policy or rule that prohibits the possession of a firearm in a locked vehicle; and (2) is brought to recover for any injury or damage resulting from the employer’s compliance.  Authorizes a person harmed by a violation to bring a civil action for damages, costs, attorney’s fees, and injunctive relief to remedy a violation.  Prohibits the state, a political subdivision, or any other person from prohibiting or restricting the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during a declared disaster emergency, energy emergency, or local disaster emergency, subject to exceptions that apply to the prohibition against adoption or enforcement of a policy or rule that prohibits the possession of a firearm in a locked vehicle.  Repeals provisions that allow certain political subdivisions to adopt emergency ordinances to regulate firearms if a local disaster emergency has been declared.

Other bills of interest:

Noncode statutes
S.E.A. 134, P.L. 20-2010
Effective July 1, 2010

Technical corrections
S.E.A. 222, P.L. 1-2010
Effective May 12, 2009 (§ 63); March 12, 2010 (§ 1-62, 64-158)