Criminal Law

February 27, 2015 | Category: Criminal

Bill No. Bill Title Committee 2nd Reading 3rd Reading Sponsor(s)
SR 3 A SENATE RESOLUTION urging the legislative council to assign to the appropriate committee the topic of raising the age of consent from 16 to 18 years of age. 2/19/15 Do Pass N/A 2/24/15 Voice Vote N/A
SB 8 Death penalty aggravator 1/14/15 Do Pass 1/20/15 Engrossed 1/22/15 Passed 45-4 Cox, Steuerwald
SB 37 Possession of paraphernalia 1/14/15 Do Pass –A 1/20/15 Engrossed 1/22/15 Passed 49-0 McNamara
SB 92 Deadly weapons 1/14/15 Do Pass –A; 1/29/15 Do Pass -A 2/2/15 Engrossed 2/5/15 Passed 43-5 Speedy, Frizzell
SB 93 Synthetic drugs 2/10/15 Do Pass –A; 2/19/15 Do Pass –A 2/23/15 Engrossed 2/24/15 Passed 50-0 Smith, M.
SB 94 Statute of limitations for rape 1/14/15 Do Pass –A; 1/22/15 Do Pass –A 1/26/15 Engrossed 1/27/15 Passed 49-1 Cherry, Schmaltz
SB 164 Crimes involving deadly weapons 1/14/15 Do Pass –A; 1/29/15 Do Pass –A 2/2/15 Engrossed 2/5/15 Passed 40-8 McMillin
SB 173 DOC specialized vocational program 1/14/15 Do Pass –A 1/20/15 Engrossed 1/27/15 Passed 49-1 Washburne
SB 174 Sentence modification 1/14/15 Do Pass –A 1/20/15 Engrossed; 2/3/15 Engrossed –A;

2/9/15 Engrossed –A

2/10/15 Passed 46-4 Frizzell
SB 175 Credit time 1/20/15 Do Pass 1/22/15 Engrossed 1/27/15 Passed 50-0 Steuerwald
SB 212 Inmates and Medicaid 1/20/15 Do Pass -A 1/22/15 Engrossed

2/17/15 Engrossed –A

2/19/15 Passed 49-0 Clere, Brown, T.
SB 242 Motor vehicle title fraud 2/19/15 Do Pass 2/23/15 Engrossed –A 2/24/15 Passed 42-8 Speedy
SB 261 Appeals by the attorney general 1/29/15 Do Pass –A 2/2/15 Engrossed 2/3/15 Passed 50-0 Cox
SB 285 Inmate correspondence 2/5/15 Do Pass –A 2/9/15 Engrossed 2/10/15 Passed 50-0 Dermody, McMillin
SB 287 Expungement 2/19/15 Do Pass 2/23/15 Engrossed 2/24/15 Passed 41-9 McMillin
SB 289 Confidential victim services requests 2/12/15 Do Pass 2/16/15 Engrossed 2/17/15 Passed 50-0 McNamara, Lawson
SB 313 Definition of “sexual conduct” 2/5/15 Do Pass 2/10/15 Engrossed 2/12/15 Passed 50-0 Kirchhofer
SB 363 Child molesting 2/5/15 Do Pass –A 2/9/15 Engrossed –A 2/10/15 Passed 50-0 DeVon, Niezgodski
SB 375 Human trafficking, promoting prostitution, and asset forfeiture 1/29/15 Do Pass 2/3/15 Engrossed –A 2/10/15 Passed 50-0 McNamara, Cox
SB 385 Murder sentencing; aggravating circumstance 2/19/15 Do Pass –A 2/23/15 Engrossed –A 2/24/15 Passed 45-5 McMillin, Truitt
SB 388 Reporting of property forfeiture 2/12/15 Do Pass –A 2/17/15 Engrossed; 2/23/15 Engrossed –A 2/24/15 Passed 50-0 Karickhoff
SB 433 Shotguns 1/29/15 Do Pass –A 2/2/15 Engrossed 2/3/15 Passed 44-6 Lucas
SB 464 Mental health issues 2/5/15 Do Pass –A; 2/19/15 Do Pass –A 2/23/15 Engrossed –A 2/24/15 Passed 50-0 McMillin, Brown, T.
SB 522 Serious sex offenders 2/12/15 Do Pass –A 2/17/15 Engrossed 2/19/15 Passed 49-0 Smaltz
SB 532 Human trafficking and indecent nuisances 2/12/15 Do Pass –A 2/16/15 Engrossed 2/17/15 Passed 50-0 McNamara, Cox
SB 536 Methamphetamine 2/17/15 Do Pass –A; 2/19/15 Do Pass 2/23/15 Engrossed –A 2/24/15 Passed 46-3 McMillin, Washburne
SB 551 Crime fighting pilot project 1/14/15 Do Pass –A; 1/29/15 Do Pass –A; 2/19/15 Do Pass –A 2/23/15 Engrossed 2/24/15  Passed 49-0 Frizzell, Moed
SB 559 Crimes of violence 1/29/15 Do Pass 2/3/15 Engrossed –A 2/5/15 Passed 42-6 Frizzell
HB 1006 Criminal justice funding 2/10/15 Do Pass –A; 2/17/15 Do Pass –A 2/19/15 Engrossed 2/23/15 Passed 97-0 Steele,

Young, M.

HB 1269 Mental health matters 2/19/15 Do Pass –A 2/23/15 Engrossed 2/24/15 Passed 95-0 Miller, Pat,

Crider

HB 1302 Expungement 1/29/15 Do Pass –A 2/2/15 Engrossed –A 2/3/15 Passed 86-8 Steele, Taylor
HB 1401 Medicaid fraud 2/12/15 Do Pass –A 2/16/15 Engrossed 2/17/15 Passed 94-0 Young, M.
HB 1448 Mental health drugs and coverage 2/5/15 Do Pass 2/9/15 Engrossed 2/10/15 Passed 94-0 Miller, Pat, Grooms
HB 1449 Opioid treatment programs in community mental health centers 2/5/15 Do Pass 2/9/15 Engrossed 2/10/15 Passed 94-0 Miller, Pat,  Grooms
HB 1531 Video conferencing by confined persons 1/29/15 Do Pass 2/2/15 Engrossed 2/3/15 Passed 95-0 Steele, Houchin
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Family & Juvenile Law

February 27, 2015 | Category: Family/Juvenile

Bill No. Bill Title Committee 2nd Reading 3rd Reading Sponsor(s)
SB 324 Various child support matters 1/29/15 Do Pass –A 2/3/15 Engrossed 2/5/15 Passed 48-0 McNamara
SB 352 Identifying information for adoptions 1/15/15 Do Pass 1/20/15 Engrossed 1/22/15 Passed 46-3 Steuerwald, McMillin
SB 564 Status of marriage study 2/9/15 Do Pass –A 2/12/15 Engrossed 2/17/15 Passed 38-12 DeVon
HB 1196 CHINS and delinquent child dual determination 2/3/15 Do Pass –A 2/5/15 Engrossed –A 2/9/15 Passed 99-0 Head, Bray
HB 1216 Missing children and trafficked children 1/22/15 Do Pass 1/26/15 Engrossed –A 1/27/15 Passed 98-0 Head, Houchin
HB 1304 Various criminal law issues 2/12/15 Do Pass –A 2/16/15 Engrossed –A 2/17/15 Passed 94-0 Steele
HB 1434 Department of Child Services 1/22/15 Do Pass –A 1/26/15 Engrossed 1/27/15 Passed 96-0 Head, Holdman
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Judicial Administration

February 27, 2015 | Category: Administration

Bill No. Bill Title Committee 2nd Reading 3rd Reading Sponsor(s)
SB 12 Judicial retirement age 1/7/15 Do Pass 1/13/15 Engrossed 1/29/15 Passed 27-20 Steuerwald
SB 58 Pulaski superior court and Sullivan magistrate 2/19/15 Do Pass –A 2/23/15 Engrossed 2/24/15 Passed 42-8 Steuerwald
SB 71 St. Joseph circuit court magistrate 2/12/15 Do Pass –A; 2/19/15 Do Pass –A 2/23/15 Engrossed 2/24/15 Passed 50-0 DeVon
SB 90 Address confidentiality 1/27/15 Do Pass –A; 2/5/15 Do Pass –A 2/12/15 Engrossed 2/19/15 Passed 48-0 Richardson
SB 99 Jury service review 1/22/15 Do Pass –A; 2/19/15 Do Pass –A 2/23/15 Engrossed –A 2/24/15 Passed 45-5 Steuerwald
SB 137 Magistrates and criminal trials 1/22/15 Do Pass –A 1/26/15 Engrossed 1/27/15 Passed 28-22 Fine, Slager
SB 217 Service of process fees collected by a sheriff 1/15/15 Do Pass –A 1/20/15 Engrossed 1/22/15 Passed 41-8 Gutwein, McNamara
SB 409 Court fees 2/5/15 Do Pass 2/9/15 Engrossed 2/10/15 Passed 47-3 Huston
SB 422 Court security fees and funds 1/29/15 Do Pass –A 2/2/15 Engrossed –A;

2/12/15 Engrossed –A

2/17 Passed 33-17 McNamara, Davisson
SB 507 Attorney and judicial discipline complaints 2/12/15 Do Pass –A; 2/19/15 Do Pass –A 2/23/15 Engrossed 2/24/15 Passed 48-0 Cox, Mayfield
SB 523 Marion County small claims 2/12/15 Do Pass –A 2/23/15 Engrossed –A 2/24/15 Passed 35-14 Frizzell, Behning
HB 1110 Magistrates 1/22/15 Do Pass; 2/17/15 Do Pass –A 2/23/15 Engrossed –A 2/24/15 Passed 92-0 Steele, Grooms
HB 1131 Exemption of military reservists from jury duty 2/10/15 Do Pass 2/12/15 Engrossed 2/16/15 Passed 96-0 Raatz
HB 1373 Circuit court clerks 2/5/15 Do Pass 2/9/15 Engrossed –A 2/10/15 Passed 98-0 Young, M.
HB 1425 Court fees 2/5/15 Do Pass; 2/17/15 Do Pass –A 2/19/15 Engrossed 2/23/15 Passed 79-17 Waltz, Kenley
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Miscellaneous

February 27, 2015 | Category: Miscellaneous

Bill No. Bill Title Committee 2nd Reading 3rd Reading Sponsor(s)
SB 4 Technical corrections 1/7/15 Do Pass –A 1/12/15 Engrossed 1/13/15 Passed 49-0 Washburne
SB 171 Update of federal law citations 1/13/15 Do Pass 1/20/15 Engrossed 1/22/15 Passed 49-0 Washburne
SB 199 Substantive problems in the Indiana Code 1/13/15 Do Pass –A 1/20/15 Engrossed –A 1/22/15 Passed 49-0 Washburne
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Probate Law

February 27, 2015 | Category: Probate

Bill No. Bill Title Committee 2nd Reading 3rd Reading Sponsor(s)
SB 5 Uniform Powers of Appointment Act 1/22/15 Do Pass 1/26/15 Engrossed 1/27/15 Passed 50-0 Washburne
SB 57 Accounts under a power of attorney 1/8/15 Do Pass –A 1/12/15 Engrossed 1/13/15 Passed 48-1 Cox, Steuerwald
SB 65 Claim deadlines 1/27/15 Do Pass –A; 2/17/15 Do Pass –A 2/23/15 Engrossed 2/24/15 Passed 48-2 Koch
SB 291 Probate code study commission 1/27/15 Do Pass –A 2/2/15 Engrossed –A 2/3/15 Passed 45-5 Koch
SB 355 Various probate and trust matters 2/17/15 Do Pass –A 2/19/15 Engrossed 2/23/15 Passed 49-0 Koch
SB 368 Uniform Fiduciary Access to Digital Assets Act 1/22/15 Do Pass 2/2/15 Engrossed 2/3/15 Passed 49-0 Speedy
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Traffic Law

February 27, 2015 | Category: Traffic

Bill No. Bill Title Committee 2nd Reading 3rd Reading Sponsor(s)
HB 1305 Various motor vehicle issues 1/22/15 Do Pass –A 1/26/15 Engrossed –A 1/27/15 Passed 98-0 Young, M.; Steele
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General Information

February 20, 2015 | Category: General

This is the seventh weekly installment of the Legislative Update for the 2015 legislative session. If you are interested in reading the text of any bill introduced this session, you may find all of the bill information here.

This week the Senate and House committees heard the following bills of interest to the judiciary:

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Civil Law

February 20, 2015 | Category: Civil

The Senate Civil Law Committee heard Sen. Merritt’s SB 411 on liability of a real estate licensee. This bill provides that a licensed real estate broker is not liable for certain real estate related reports, statements, or information except in certain circumstances. This bill also adds a reference to the list of statutes that grant immunity from civil liability. A representative of the Indiana Association of Realtors testified in support of the bill. The bill passed 9-0.

The House Judiciary heard HB 1043 concerning medical malpractice caps, authored by Rep. Torr. This bill increases the medical malpractice cap from $1,250,000 to $1,650,000 for claims arising after June 30, 2015. The bill also increases the maximum amount of liability for a health care provider or a health care provider’s insurer from $250,000 to $300,000. Rep. Torr introduced an amendment providing that payments from the patient’s compensation fund are to be disbursed not later than 60 days after the issuance of a final, non-appealable judgment (as opposed to quarterly, as originally in the bill).  Another amendment was also introduced increasing the pay for medical review panel members from $350 to $500, and also increasing the potential pay for the medical review panel chairperson from $2,000 to $2,500. It also adjusted the liability provisions so that the maximum potential liability of a qualified health care provider for an occurrence of malpractice increases from $250,000 to: (1) $300,000; or (2) $400,000 if the action against the health care provider results in a final judgment in favor of the plaintiff. The amendment additionally eliminates provisions under which the liability of a qualified health care provider or the qualified healthcare provider’s insurer could be discharged through a periodic payments agreement under which the cost borne by the qualified healthcare provider or the qualified health care provider’s insurer (consisting of the present payment and the cost of future payments) could be less than the cost of discharging the liability solely through an immediate payment. After both amendments were introduced, testimony was received against the amendments from the general counsel of the Indiana Department of Insurance; the general counsel of the Indiana State Medical Association; the President of the Indiana State Medical Association; a representative of the Indiana Society of Anesthesiologists; a representative of the Indiana Osteopathic Association; and, a representative of the Indiana Council of Community Mental Health Centers. Testimony in support of the bill was received by Indiana Hospital Association and neutral support was noted by representatives of the Indiana Chamber of Commerce and the Indiana Health Care Association. The amendments were adopted by consent and the bill passed 9-2.

The House Judiciary heard HB 1145 concerning civil immunity for volunteer health care providers, authored and presented by Rep. Frizzell. The bill provides civil immunity for volunteer health providers – defined as dentists, physicians, nurses, physician assistants, or an advanced nurse practitioner, who provide non-invasive health procedures.  The bill also requires the professional licensing agency to establish and maintain a registry to approve locations where volunteer health care services may be provided, and a health care volunteer registry.  An amendment was introduced specifying that immunity would not apply to a healthcare facility that receives federal funding. The amendment was adopted by consent.  Testimony in support of the bill was received by a representative of the Indiana Minority Health Coalition; a senior advisor from Governor Pence’s Administration; a physician representing Riley Children’s Hospital and Timmy Global Health; and a physician from St. Francis Hospital.  The amended bill passed 10-0.

The House Judiciary heard HB 1161 concerning immunity for damage caused rescuing a child, authored and presented by Rep. GiaQuinta. The bill provides that if a child is in imminent danger of harm, a person who forcibly enters a locked motor vehicle for the purpose of rescuing the child is granted civil immunity. The bill does not extend civil immunity to acts involving gross negligence or willful and wanton misconduct. An amendment, adopted by consent, removes written notice requirements to the owner of the vehicle. The amended bill passed 11-0.

The House Courts and Criminal Code Committee heard HB 1405, authored by Rep. Slager and Rep. Fine, providing concurrent jurisdiction of the attorney general with a prosecuting attorney for certain actions in which a public officer or public servant is accused. The bill was amended to limit the bill’s application to civil actions. The amended bill passed 8-1.

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Criminal Law

February 20, 2015 | Category: Criminal

The Senate Judiciary Committee heard SR 3 urging the study of raising the age of consent from 16 to 18. The resolution was presented by Sen. Steele and a member of the public testified in support of the resolution. The resolution passed 8-2.

The Senate Judiciary Committee heard SB 93 concerning synthetic drugs authored and presented by Sen. Merritt. This bill is in response to a Court of Appeals case finding the current statute vague. The bill requires the Indiana Administrative Code publish a list of substances declared by the Board of Pharmacy to be synthetic drugs in a specific location, and requires the Board of Pharmacy to include a link to that provision of the Indiana Administrative Code on its Internet web site. An amendment was taken by consent listing the expiration date of the rules and also adding a provision on the expiration of emergency rules under this statute. The amended bill passed 7-0.

The Senate Corrections and Criminal Law Committee heard SB 242 regarding motor vehicle title fraud authored by Sen. Young. This bill establishes the crime of motor vehicle title fraud, a level 6 felony. The bill is intended to rectify a gap in current law that allows an individual who is otherwise prohibited from registering a motor vehicle to form a business entity for the sole purpose of registering a motor vehicle. Representatives from the Secretary of the State’s office testified in support of the bill. The bill passed 8-1.

The Senate Corrections and Criminal Law Committee heard SB 287 on expungement. Author Sen. Young introduced the bill explaining that the expungement statute has been in place for three years and additional adjustments to the law are needed. The bill:

(1)  authorizes the expungement of charges when an arrest did not occur and allegations of juvenile delinquency;

(2)  clarifies that if the prosecutor fails to timely respond within 30 days to the petition, any objection to the petition is waived;

(3)  authorizes the expungement of pre-1977 convictions;

(4)  resolves a conflict between federal and state law by clarifying that expungement does not restore the right to possesses a firearm otherwise prohibited under federal law;

(5)  specifies that the records of expungement proceedings become confidential when the court grants the expungement petition;

(6)  specifies that there is no filing fee for expungement petitions;

(7)  specifies additional petition requirements; and

(8)  specifies requirements for redacting or sealing expunged information.

The Clerks Association testified expressing concern about the burden of processing expungement petitions without a filing fee. The bill passed 5-2.

The Senate Corrections and Criminal Law Committee heard SB 385 pertaining to murder sentencing; aggravating circumstance. Author Sen. Hershman introduced the bill explaining that this proposal is a response to the Purdue University shooting last year. The bill creates an aggravating factor to murder if the murder is committed on property owned or rented by an educational institution. An amendment, adopted by Committee consent, expanded the scope of this bill to include murders committed in a building used primarily for religious worship. The Tippecanoe County Prosecutor testified in support of the bill. The Indiana Catholic Conference testified in opposition to the bill, reiterating its opposition to the death penalty. The Indiana Public Defenders Council testified to concerns about the vagueness of the amendment language. The amended bill passed 7-2.

The Senate Corrections and Criminal Law Committee heard SB 396 on child exploitation. Author Sen. Houchin stated that the decreases in the penalty provisions for child exploitation as a result of the criminal code revision were an oversight. An amendment was adopted removing the second level penalty increases in the bill. The amended bill raises the penalty for possession of child pornography from a level 6 felony to a level 5 felony, and the penalty for dissemination child pornography from a level 5 felony to a level 4 felony. The Indiana Prosecuting Attorneys Council testified in support of the bill, stating that the criminal code revisions in effect lowered the penalty for possession of child pornography. The Indiana Public Defenders Council testified in opposition to the bill and encouraged the Committee to allow the current law time to work. The bill was held.

The Senate Corrections and Criminal Law Committee heard SB 536 authored by Sen. Young and Sen. Yoder on methamphetamine. The bill heard by the Committee combined two previously adopted amendments establishing reporting requirements for the purchase of ephedrine or pseudoephedrine. The bill:

(1)  requires courts to report drug related convictions to the State Police;

(2)  requires the State Police to report drug related felonies to NPLEx for the purposes of controlling purchases by convicted drug felons;

(3)  prohibits any convicted felony drug offender from purchasing ephedrine or pseudoephedrine for seven years without a prescription;

(4)  requires the State Police to report the number of Methamphetamine labs discovered in calendar year 2019; and

(5)   provides that if the number of methamphetamine laboratories discovered is greater than 400: (a) ephedrine and pseudoephedrine become Schedule IV controlled substances from 2020 until 2023; and (b) reporting requirements relating to the purchase of ephedrine and pseudoephedrine, as well as certain provisions relating to retail sale, are suspended from 2020 to 2023.

A technical amendment was adopted by consent. The amended bill passed 7-1.

The Senate Appropriations Committee heard SB 536, authored by Sen. Young and Sen. Yoder, on methamphetamine. The bill provides that anyone convicted of a drug-related felony must get a prescription for pseudoephedrine or ephedrine for seven years after conviction. If methamphetamine labs are not reduced by this provision, then in 2020 a universal prescription for pseudoephedrine or ephedrine goes into effect. A representative of the Consumer Healthcare Products Association testified in opposition to the prescription only provision. The bill passed 7-6.

The House Ways and Means Committee heard Rep. Steuerwald’s HB 1006 on criminal justice funding.  The Committee amended the bill by consent to reduce the first-year appropriation to $30 million, to move the appropriations to the Judicial Center’s budget, and to define treatment for addiction.  The bill passed as amended, 18-0.

The House Public Health Committee heard HB 1269 concerning mental health matters, authored by Rep. Clere.  As reported previously, this bill addresses several mental health issues including:

(1)  authorizing the DOC or jail to serve as a representative of inmates for the purposes of applying for Medicaid eligibility;

(2)  requiring the DOC or jail to assist inmates apply for Medicaid prior to release from incarceration;

(3)  requiring a person who is arrested and taken into custody to be assessed by a qualified and licensed mental health or addictions professional to determine if the person has a mental illness or substance addiction, establishing required reporting of assessment results and providing for re-assessments until release; and,

(4)  appropriating $22,000,000 to the forensic diversion account on an annual basis and providing that this account is established to fund the custodial assessments following arrest.

This week, an amendment was introduced requiring accident and health insurance coverage to be equal for telemedicine services as they are for in-person delivered health care services.  The amendment also makes inmates on work release or other DOC programming involving alternative sentencing eligible for Medicaid, subject to federal approval.  Additionally, it establishes annual reporting requirements for the Office of Medicaid policy and planning to report on the use of qualified providers to undertake presumptive eligibility services determinations. Testimony was heard in favor of the amendment from the Director of Indiana Medicaid, a representative of the Indiana Council of Community Mental Health Centers, a representative from IU Health, and a representative from a private health services provider.  The amendment was adopted by consent, and the bill passed 12-0.

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Family & Juvenile Law

February 20, 2015 | Category: Family/Juvenile

The Senate Civil Law Committee heard Sen. Pete Miller’s SB 109 about support for educational needs of a child who is at least 19-years old. A representative from the Family and Juvenile Law Section of the Indiana State Bar Association testified against the bill. The committee stripped the bill and inserted language urging the Legislative Council to assign the concept to a 2015 interim committee. The amended bill passed 10-0.   

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