Prosecuting attorneys

The Senate Corrections and Criminal Law Committee heard SB 186 on prosecuting attorneys authored by Sen. Koch.  The bill:

  • Repeals the requirement that a prosecuting attorney execute a surety bond for the faithful execution of the duties of the office.
  • Allows a prosecuting attorney or deputy prosecuting attorney to solemnize a marriage.
  • Permits the department of child services (DCS) or a prosecuting attorney to file a paternity action if the mother, person with whom the child resides, or DCS has applied for services under Title IV-D of the federal Social Security Act.
  • Requires a prosecuting attorney to investigate information received about the commission of a felony, a misdemeanor, acts of delinquency, or an infraction.
  • Allows a prosecuting attorney to issue subpoenas ad testificandum or ask a court with jurisdiction to issue subpoenas, subpoenas duces tecum, search warrants, or any other process necessary to support or aid an investigation.
  • Broadens the types of expenses a county auditor pays for in connection with a criminal case.
  • Allows a prosecuting attorney to appoint employees with the approval of the county council.
  • Allows the Prosecuting Attorneys Council of Indiana (council) to call two conferences each year and specifies who may attend the conferences.
  • Increases the annual salary of a deputy prosecuting attorney under certain circumstances.
  • Requires a prosecuting attorney to devote full professional time to the position unless the prosecuting attorney is in a judicial circuit with a population of less than 10,000.
  • Provides that if a prosecuting attorney is in a judicial circuit with a population of less than 10,000, the prosecuting attorney may devote partial time to the position after filing a notice to that effect.
  • Permits that a part-time prosecuting attorney may change his or her status 30 days before taking office or before June 30 of the applicable year.
  • Allows a part-time prosecuting attorney to engage in the private practice of law.
  • Requires the council to conduct training for prosecuting attorneys and their staffs.
  • Renames the drug prosecution fund as the substance abuse prosecution fund.
  • Limits the defense and indemnification of prosecuting attorneys to actions that do not result in a criminal conviction or disciplinary actions outside the scope of employment.

The Committee amended the bill to remove sections dealing with salaries.  The Indiana Public Defender Council testified in opposition to Section 7 of the bill.  The amended bill passed 7-1.

Read the bill at: http://iga.in.gov/legislative/2021/bills/senate/186