Monday, October 20, 2014

2014 Legislative Review

June 26, 2014 by Editor

Editor’s Note: This report is a condensed version of the full report prepared by the Indiana Judicial Center (IJC) and only contains highlights of selected bills.

The IJC legislative report that contains summaries of all bills of interest passed in the 2014 session can be can be found at: http://indianacourts.us/blogs/legislative. The entire text of any law, as well as any other legislative action, is available at: http://www.in.gov/apps/lsa/session/billwatch/billinfo

CIVIL LAW

Victim advocates in civil cases

SEA 138, P.L. 150-2014
Effective: July 1, 2014

Authorizes a court to allow a victim advocate to attend a civil proceeding and confer with a victim as necessary and provides that a victim advocate is not practicing law when performing services.

CRIMINAL LAW

Government reduction

HEA 1005, P.L. 113-2014
Effective: July 1, 2014

Reduces penalty for misrepresentation of age to procure alcohol; repeals suspension of the juvenile’s Operator’s License; provides for suspension of driving privileges under BMV adopted rules; repeals portions of law concerning continuance of prosecution, treatment, and probation for felonies related to drug or alcohol abuse; and restricts future appointments of juvenile magistrates.

Criminal code revision conflicts

HEA 1006, P.L. 168-2014
Effective: July 1, 2014

Changes felony nomenclature from “Class” to “Level,” modifies juvenile court jurisdiction and modifies many sentencing, suspendability and sentence reduction provisions.

List of criminal offenses

HEA 1008, P.L. 169-2014
Effective: July 1, 2014

Adds I.C. 35-52 listing criminal law statutes for titles outside I.C. 35.

Surveillance and privacy

HEA 1009, P.L. 170-2014
Effective: July 1, 2014

Requires a search warrant to use an unmanned aerial vehicle or to obtain access to electronic communication service, device, or stored electronic user data; prohibits use of a real-time tracking instrument connected to a cellular network; and establishes procedures for obtaining a search warrant through electronic mail.

Parole

HEA 1140, P.L. 179-2014
Effective: July 1, 2014

Provides for creation of a schedule of progressive parole incentives, sanctions and revocation of parole upon commission of another felony.

Expungements

HEA 1155, P.L. 181-2014
Effective: March 26, 2014

Modifies provisions and procedures for expungement of arrest and conviction records, access to expunged records, reduces the burden of proof to a preponderance of the evidence and establishes a procedure for restoration of civil rights.

Probation & community corrections treatment

HEA 1268, P.L.184-2014
Effective: July 1, 2014

Requires community corrections programs use of evidence based services, programs, and practices; permits the community corrections board to coordinate or operate certain programs; establishes standards for the award of grants by the department of correction, in consultation between the judicial conference and the division of mental health and addiction before awarding grants and financial assistance; requires certification of mental health and substance abuse treatment service.

Criminal matters

HEA 1269, P.L. 185-2014
Effective: July 1, 2014

Specifies that date a crime was committed controls the penalty at sentencing, conforms nonsuspendibility with community corrections provisions and sets penalties for sexual misconduct by a service provider.

Criminal penalties and DNR

SEA 52, P.L. 195-2014
Effective: July 1, 2014

Amends penalties for violating I.C. 14 provisions re natural and cultural resources and boating requirements.

Mental health witnesses in criminal cases

SEA 88, P.L. 54-2014
Effective: July 1, 2014

Differentiates the qualifications required for appointed experts for homicide and non-homicide cases when a notice of insanity has been filed.

Agricultural operations & criminal trespass

SEA 101, P.L. 101-2014
Effective: July 1, 2014

Amends Institutional Criminal Mischief and Criminal Trespass definitions and penalties relating to property damage to an agricultural operation or unauthorized entry to an agricultural operation resulting in property damage.

Community Corrections Pilot Project

SEA 171, P.L. 24-2014
Effective: July 1, 2014

Requires a community corrections program to develop a plan of collaboration with the county probation department as a condition of receiving financial assistance from the department of correction and permits the commissioner to award additional financial aid to counties with an approved community supervision collaboration plan.

Senior and special prosecutors

SEA 223, P.L. 57-2014
Effective: July 1, 2014

Repeals and recodifies provisions concerning the qualifications, compensation and appointment of senior prosecuting attorneys, special prosecutors, and special deputy prosecuting attorneys and requires the filing of a progress report with the appointing court every six months.

Criminal law provisions of Indiana Code 7.1

SEA 236, P.L. 159-2014
Effective: July 1, 2014

Revises numerous provisions of I.C. 7.1 concerning crimes related to alcoholic beverages.

FAMILY & JUVENILE LAW

Guardian filing dissolution of marriage

SEA 59, P.L. 83-2014
Effective: July 1, 2014

Designates the procedure for filing, processing a petition, the venue and necessary parties for filing a dissolution of marriage, legal separation or annulment on behalf of an incapacitated person.

JUDICIAL ADMINISTRATION

Court administrative matters

HEA 1347, P.L. 78-2014
Effective: July 1, 2014

Authorizes the clerk to keep the lis pendens record, execution docket, the register of witness fees and court fees and the judgment docket in electronic form; eliminates the requirement and per diem for the clerk to attend court proceedings; authorizes a clerk’s administrative fee; requires payments for additional certified/registered mailings; modifies the judgment docket; alters the amount of wages garnishable; provides for modification of garnishment orders without a hearing and shifts the responsibility to give notice of full payment of a garnishment to the debtor.

Judicial officers

SEA 3, P.L. 147-2014
Effective: July 1, 2014

Makes battery of a judge a Level 6 felony or a Level 5 felony depending upon the method of commission, authorizes judicial officers’ possession and use of a firearm in the same locations as a law enforcement officer, allows possession of a firearm on land or in structures owned or leased by the state or any political subdivision and provides judicial officers the same immunities and defenses as a law enforcement officer.

Access to Juvenile Records

SEA 19, P.L. 1-2014
Effective: July 1, 2014

Removes confidentiality from records of a juvenile court involving paternity, custody, parenting time or child support concerning a child born to parents who are not married to each other.

Courts and court officers

SEA 160, P.L. 23-2014
Effective: July 1, 2014

Restricts appointments of full-time juvenile magistrates to those authorized by law after June 30, 2014, while preserving those positions in existence prior to July 1, 2014; restricts appointment of additional judges to an existing court unless the establishment of the new court and the addition of the new judges are authorized by law; and requires presentation of all requests for new courts, additional full time juvenile magistrates or additional judges to the Commission on Courts.

PROBATE LAW

Petitions for adoption

SEA 27, P.L. 81-2014
Effective: July 1, 2014 except section 4 on March 25, 2014

Prohibits granting an adoption subject to an appeal and vests exclusive jurisdiction over the child in the adoption court.

Probate, trust & transfer on death matters

SEA 36, P.L. 51-2014
Effective: July 1, 2014

Makes numerous procedural and substantive changes.

TRAFFIC LAW

Various Motor Vehicle issues

HEA 1279, P.L. 217-2014
Effective: July 1, 2014; sections 5-15, 17-70, 72-186 and 188-195 on January 1, 2015

Makes various changes to criminal provisions in motor vehicle statutes concerning driver’s license suspension and revocation; modifies the duties of a motor vehicle operator involved in an accident; creates specialized driving privileges; requires the bureau of motor vehicles to adopt rules to specify reasonable grounds for suspension or revocation of driver’s licenses, certificates of registration, or license plates; prohibits inspection, search or detention of a vehicle stopped to investigate window tinting violations; and establishes habitual vehicle substance abuser designation and sentence.

Anyone wishing further information on any legislation should contact Richard T. Payne, Staff Attorney at the Division of State Court Administration, 317-232-7639 or richard.payne@courts.in.gov.