Prosecuting attorneys

The House Courts and Criminal Code Committee heard SB 186 sponsored by Rep. Steuerwald regarding prosecuting attorneys.  The bill:

  • permits a prosecuting attorney to purchase a crime insurance policy instead of executing a surety bond.
  • 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, the alleged father, 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 or ask a court with jurisdiction to issue subpoenas, 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;
  • requires the council to conduct training for prosecuting attorneys and their staffs; and
  • renames the drug prosecution fund as the substance abuse prosecution fund;

On March 10, 2021, the author, Sen. Koch, announced that he would propose amendments to the bill and asked the chair to hold the bill.  The Indiana Prosecuting Attorneys Council testified in support of the bill.  The following testified with concerns about Section 17 of the bill which set forth county fiscal body duties:  Association of Indiana Counties, Indiana Judges Association, and Indiana Public Defender Council.

On March 24, 2021, the Committee heard the bill for amend and vote only.  The bill was amended by consent to remove all sections regarding county fiscal body duties. The amended bill passed 11-0.

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