General Information

May 29, 2007 | Category: General

FINAL LEGISLATIVE UPDATE

This final legislative update contains summaries of select bills of interest or portions of bills that were signed into law this session. The legislative digest for all bills passed this session can be found at
http://www.in.gov/legislative/reports/2007/DIGEST_OF_ENACTMENTS.PDF.

If you would like to see the entire text of any law, you can find that information at http://www.in.gov/apps/lsa/session/billwatch/billinfo.

If you would like to print the “Final Legislative Update”, you may do so by clicking on the following link:
http://www.in.gov/judiciary/center/legislation/2007/final-all.pdf.

Civil Law

May 29, 2007 | Category: Civil

Landlord tenant law
H.E.A. 1214, P.L. 115
Effective July 1, 2007

Permits landlords to enter their property without notice in case of emergency, or without consent if the tenant has abandoned or surrendered the property. In other circumstances reasonable written or oral notice must be given to enter the rental unit. Provides a landlord may remove abandoned property if a reasonable person would believe it was abandoned without first placing it in a court approved storage facility for later reclamation.

Lease protections for domestic violence victims
H.E.A. 1509, P.L. 22
Effective July 1, 2007
Provides that landlords have to change locks within 24 hours upon request of the tenant when presented with a copy of a Protection Order or No Contact Order against the perpetrator. Provides that the tenant must reimburse the landlord for the cost of the locks in certain cases. The landlord must also release a tenant from the lease, after 30 days written notice to the landlord, if a written copy of the Protection Order or No Contact Order is provided to the landlord and other conditions are met. Provides immunity from civil liability to such a tenant and the tenant’s landlord in certain situations and for taking certain actions.

Tax sales
H.E.A. 1211, P.L. 89
Effective April 26, 2007 (§§ 5, 11, & 12), July 1, 2007 (remaining sections)
Limits the circumstances under which a tax sale purchaser may terminate the purchase before conclusion and receive a refund of a part of the purchase price. Reduces the amount of the refund. Requires reinstatement and collection of any remaining delinquencies after the terminated purchase. Provides a procedure for searching the records for an alternative mailing address when service of notice of an order for the sale of property for delinquent property taxes is initially unsuccessful. Eliminates an obsolete reference to the dates when a tax sale must be held. Reduces the period before a tax sale may be conducted when property has been offered at sales without success. Prohibits a tax sale purchaser who fails to make payment and complete the sale from participating in the next succeeding tax sale in the county. Permits a tax sale to be conducted by electronic means. Provides that any civil penalty collected because a purchaser fails to pay the bid must be deposited in the county general fund and not the common school fund. Requires a purchaser of property at a tax sale to certify certain additional costs that must be paid by a redeeming property owner not earlier than 30 days after the tax sale. Requires pleadings and motions related to a defense to a judgment and order of sale to be served on the county auditor and county treasurer. Permits a county before August 1, 2007, to use the expedited sale procedures repealed by HEA 1102-2006 for property that failed to sell at a tax sale conducted before 2007.

Criminal Law

May 29, 2007 | Category: Criminal

HIV testing
S.E.A. 44, P.L. 125
Effective May 3, 2007
Restores certain statutory cross-references, repealed by amendments to Indiana’s sentencing statute during the last legislative session, that relate to HIV testing after convictions for certain sex and substance abuse offenses. Specifically, restores the ability of a court to order HIV testing of certain offenders; the ability of the health department to notify potentially affected victims of certain offenses the HIV status of the offender; and the ability of the probation department to obtain the HIV status of offenders convicted of certain sex and substance abuse offenses.

Criminal procedure and battery by body waste
S.E.A. 45, P.L. 178
Effective May 8, 2007 (§1), July 1, 2007 (§§2-5)
· Criminal procedure
Provides that an indictment or information may be amended at any time before the commencement of trial when the amendment does not prejudice the substantial rights of the defendant. Requires a court to issue a sentencing statement after the court has pronounced a sentence for a felony conviction. Provides that a court is not required to use an advisory sentence in imposing consecutive sentences for felony convictions that are not crimes of violence arising out of an episode of criminal conduct.
· Battery by body waste
Makes it battery by body waste, a Class D felony, for a person to knowingly or intentionally in a rude, insolent, or angry manner place blood or another body fluid or waste on a probation officer, firefighter, or first responder (in addition to other law enforcement officers or corrections officers) while the victim is engaged in the performance of official duties. Enhances the penalties for committing battery by body waste if the body waste is infected with hepatitis C. This statute already enhances the penalties for this crime if the body waste is infected with hepatitis B, HIV, or tuberculosis.

Wiretap law
S.E.A. 411, P.L. 105
Effective July 1, 2007
Enlarges the scope of IC 35-33.5-1 and IC 35-33.5-2, the Indiana wiretap statutes. Expands interceptable communications to include any transfers of “signs, signals, writing, images, sounds, data, oral communication, digital information, or intelligence of any nature transmitted in whole or in part by a wire, a radio, or an electromagnetic, a photoelectric, or a photo-optical system.” Expands list of crimes for which intercept warrants may be obtained to include A, B, or C felony controlled substances, murder, kidnapping, criminal confinement, robbery, arson, child solicitation, human and sexual trafficking crimes, B felony escape, weapon of mass destruction offenses, attempts or conspiracies to commit these crimes, and any substantially similar offenses in other jurisdictions. Authorizes either the prosecutor or, if prosecutor is unavailable, a specifically authorized chief deputy prosecuting attorney, to apply for an intercept warrant. To supplement the conventional affidavit application procedure for warrants, adds procedures (similar to those for “after hours warrants”) to obtain intercept warrants by recorded hearing before the judge, orally by telephone or radio, or in writing by fax transmission; provides that warrants issued with these non-affidavit procedures expire within twenty-four (24) hours unless extended. Increases maximum period for interceptions under a warrant to thirty (30) days. Continues existing statutory provision that only state police may install intercept equipment, but adds authorization for state police to supervise operation of the equipment by the law enforcement agency for whose behalf the intercept was authorized. Provides immunity for communications service providers, landlords, custodians, property owners or others who provide assistance.

State budget
H.E.A. 1001, P.L. 163
Various effective dates
Sentencing Policy Study Committee
(§206)
Effective July 1, 2007
Extends the term of the Sentencing Policy Study Committee through 2008. (See also, H.E.A. 1386)

Community Corrections Advisory Boards
H.E.A. 1128, P.L. 34
Effective July 1, 2007
Provides that a majority of the members of a community corrections advisory board may establish a quorum requirement of at least six but less than a majority of the members.

Sex offenders and criminal procedure
H.E.A. 1386, P.L. 216
Effective May 10, 2007 (§§37, 40, 41), July 1, 2007 (all other sections)
· Sex offender registry
Adds: (1) promoting prostitution as a Class B felony; (2) promotion of human trafficking if the victim is less than 18 years of age; (3) sexual trafficking of a minor; (4) human trafficking if the victim is less than 18 years of age; and (5) possession of child pornography as a first offense; to the list of offenses requiring a person to register as a sex offender. Specifies that registration as a sex offender is not required for: (1) a parent or guardian who is convicted of kidnapping or confining a child of the parent or a child over whom the guardian has guardianship; or (2) a person convicted of sexual misconduct with a minor as a Class C felony if the person is not more than four years older than the victim and the court finds that the person should not be required to register. Removes the lifetime registration requirement for sexual battery as a Class D felony, and imposes the standard ten year registration requirement. Specifies that a person is an offender against children if the person engages in a conspiracy to commit or attempts to commit an offense that would make the person an offender against children. Permits a county to adopt: (1) an annual sex offender registration fee that does not exceed $50; and (2) a sex offender address change fee that does not exceed $5. Provides that 90% of each fee is deposited in the county sex offender administration fund, and 10% of each fee is transferred to the state for deposit in the state sex offender administration fund. Specifies that the funds are to be used for expenses related to the operation of the Indiana sex offender registry. Requires the Department of Correction to maintain records on certain sex offenders who are no longer required to register in Indiana. Requires a local law enforcement authority to notify the Department of Correction and update the National Sex Offender Registry database when a sex offender registers or the registration information changes. Makes numerous other changes to sex offender registration procedures. Changes the name of the sex offender registry to the “sex and violent offender registry” and requires persons convicted of murder or voluntary manslaughter to register on the sex and violent offender registry under the same conditions applying to registration by sex offenders. Establishes a procedure to permit certain offenders required to register in accordance with older laws to register in accordance with new laws.
· Sexually violen
t predators
Requires a sexually violent predator whose sentence does not include a commitment to the Department of Correction to be placed on lifetime parole. Makes numerous changes to the sexually violent predator law (IC 35-38-1-7.5): (1) requires a court to consider expert testimony before determining that a juvenile is likely to be a repeat sex offender; (2) establishes a new procedure for psychological evaluation of sex offenders to determine if they are sexually violent predators (prosecuting attorney may request the court to conduct a hearing to determine if person is a sexually violent predator if the person does not meet the definition by operation of law; if court grants motion, the court shall appoint two psychologists or psychiatrists with expertise in criminal behavioral disorders to evaluate the person and testify at the hearing); (3) specifies that sexually violent predator designation by operation of law applies if the person was released from prison, secure detention or probation for the offense after June 30, 1994; (4) provides that a person who is not more than four years older than the victim, was involved in a dating relationship with the victim, and did not use violence in the commission of the offense is not a sexually violent predator if certain other conditions are met, and provides a similar defense to sexual misconduct with a minor; (5) establishes a procedure to permit an offender against children to petition a court to have the designation removed; and (6) permits a court to suspend the sentence of a person convicted of nonviolent child molesting who is not more than four years older than the victim, who was involved in a dating relationship with the victim, and who meets certain other conditions (effective May 10, 2007). Adds that a court may not allow a sexually violent predator or an offender against children to reside within 1000 feet of school property (effective May 10, 2007). Adds that a court may not grant a waiver for an offender against children to reside within one mile of the victim (effective May 10, 2007). Specifies that “school property,” for purposes of the offender against children statute, does not include the property of an institution providing post-secondary education.
· Criminal procedure matters
Specifies that, for purposes of the child pornography statute, a person may not possess certain material depicting or describing sexual conduct by a child: (1) the person knows is less than 16 years of age; or (2) who appears to be less than 16 years of age. Provides that it is a Class B felony if a person commits child seduction by using a computer network and has a previous unrelated conviction for committing the offense by using a computer network. Prohibits the suspension of the first 30 years of the sentence for certain serious child molesting offenses. Provides that the mistake-of-age defense to child molesting does not apply when the offense was committed by means of violence or the use of a drug. Adds a culpability standard to a criminal statute relating to the use of limited criminal histories. Requires persons in Indiana convicted of murder or voluntary manslaughter to be placed on lifetime parole.
· Miscellaneous matters
Permits the Department of Correction to report certain fingerprint information to the state police department, and makes certain other changes relating to fingerprinting. Reestablishes the sentencing policy study committee to evaluate sentencing laws and policies for an additional four years. [See also: H.E.A. 1001 above.] Provides that a juvenile court does not have jurisdiction over an individual for attempted murder. Makes other changes, conforming amendments, and technical corrections.

Forensic diversion and criminal gangs
H.E.A. 1437, P.L. 192
Effective July 1, 2007
· Forensic diversion
Imposes additional requirements for a person to participate in a pre- conviction or post-conviction forensic diversion program. Provides that a person who has both a mental illness and an addictive disorder may participate in a forensic diversion program.
· Court Alcohol & Drug programs
Permits a court to allow a person by a prosecuting attorney’s office or pretrial services bureau to utilize the facilities or programs offered by an alcohol and drug services program pursuant to IC 12-23-14.
· Criminal gangs
Changes the definition of “criminal gang”, for purposes of certain criminal statutes, to provide that a criminal gang consists of at least three members (instead of five members). Makes it a Class D felony for an individual to solicit, recruit, entice, or intimidate another individual to join a criminal gang. Makes criminal gang recruitment a Class C felony if: (1) the solicitation, recruitment, enticement, or intimidation to join a criminal gang occurs within 1,000 feet of school property; or (2) the individual being solicited, recruited, enticed, or intimidated to join a criminal gang is less than 18 years of age. Requires the Criminal Justice Institute to develop, maintain, and identify grants and other funds for the criminal gang witness protection program. Establishes a program to assist a person who witnesses criminal gang crime with certain expenses. Requires a court to order a criminal gang member to make restitution to a victim of a felony or misdemeanor committed by the criminal gang member.

Family & Juvenile Law

May 29, 2007 | Category: Family/Juvenile

For information on HIV testing, see S.E.A. 44 under the “Criminal Law” section.

For information on Marion County juvenile detention facility and predispositional reports, see S.E.A. 347 under the “Judicial Administration” section.

Child protective order; de facto custodian
S.E.A. 311, P.L. 52
Effective July 1, 2007
· Child protective order
Creates a child protective order. Permits the DCS to file a petition for a child protection order to remove the alleged perpetrator from the residence, if there is probable cause to believe a child is a CHINS and the child would be protected in the child’s residence by the removal of the alleged perpetrator of child abuse or neglect. Permits a court to issue a temporary child protective order without a hearing if all of the facts are sufficient to show: there is an immediate danger to the physical health or safety of the child; there is not time for an adversary hearing; the child is not in danger from the other parent or adult with whom the child will continue to reside; and the issuance of the temporary child protective order is in the best interest of the child. Requires a court to hold a hearing on the temporary child protective order within 48 hours of issuing the order, excluding Saturdays, Sundays, and state legal holidays, after notice and a hearing. The court may issue a child protective order if certain conditions are met. Makes it a Class A misdemeanor for a parent or other adult with whom a child continues to reside after the issuance of a child protective order to knowingly or intentionally fail to comply with the requirements of an order. Makes it a Class A misdemeanor for an alleged perpetrator of child abuse to knowingly or intentionally return to a child’s residence in violation of an order, or a Class D felony if the alleged perpetrator has a prior unrelated conviction under this section.
· De facto custodian
Requires a court to consider placing a child with a de facto custodian or stepparent, in addition to suitable relatives, before considering an out-of-home placement when a child alleged to be a CHINS is taken into custody.

Various juvenile law matters
S.E.A. 328, P.L. 138
Effective July 1, 2007

· Notice and right to be heard requirements for CHINS and delinquency
Adds Ind. Code 31-32-1-4 to provide notice of a hearing or other court proceeding in all CHINS and delinquency cases. The DCS is responsible for notice in CHINS cases and prosecuting attorney or probation department of the juvenile court is responsible for notice in Delinquency cases. The notice shall be by personal delivery to the individual or by mail under the Indiana Rules of Trial Procedure. Mail notice must be deposited in the U.S. mail not less than 5 days in advance (excluding Saturdays, Sundays, and national legal holidays). Written notice may be given by either: a copy of the court order, docket entry, or letter. Written notice is not required if verbal notice of the date, time, place and purpose of the hearing or proceeding is given by the court at an earlier proceeding at which the individual to be notified is present. In addition, written notice is not required if the hearing or proceeding is scheduled to be held within 48 hours (excluding Saturdays, Sundays or state legal holidays) after the court sets the time for the hearing or the individual responsible for the notices provides verbal notice of the date, time, place and purpose of the hearing and verifies by affidavit or testimony at the hearing that verbal notice was given. Requires foster parents or other caretaker where the child has been placed for temporary care in CHINS and delinquency cases be notified of their opportunity to be heard and make recommendations to the court: at detention, fact-finding, dispositional, permanency, review and modification hearings, and when a child(ren) is taken into custody. Requires the probation department to send notice about the twelve (12) and eighteen (18) month review hearings in delinquency cases, to the child’s parent, guardian or custodian or attorney for them, attorney for the child, prospective adoptive parent named in an adoption petition under certain circumstances, and other persons the probation department knows is currently caring for the child and is not required to be licensed to provide care, and any other suitable relative or person the probation department knows has had a significant or caretaking relationship to the child. The court must provide an opportunity to be heard and to make any recommendations in the court during these hearings. The right to be heard in this instance includes: (1) the right to submit a written statement to the court, that, if served by all parties and persons above, may be made a part of the court record, and (2) the right to present oral testimony and cross-examine any witnesses at the hearing. The court shall continue the hearing if, at the time set for the hearing, the probation department has not provided the court with a signed verification that any person required to be notified under this section has been notified, unless the person appears for the hearing.
· Initial hearings in CHINS
Provides an initial hearing on a child in need of services (CHINS) petition shall be held within seven days (excluding Saturdays, Sundays and holidays) after the detention order. Provides that if an initial hearing on a CHINS petition is not held within seven business days of the detention hearing, the child shall be released to the child’s parent, guardian or custodian. The court may schedule an additional hearing on the CHINS petition if needed under certain circumstances. An additional hearing on the CHINS petition shall be held not more than thirty (30) calendar days after the date of the first initial hearing on the CHINS petition, unless the court granted an extension of time for extraordinary circumstances and stated these circumstances in a written court order. The DCS shall provide notice of the date, time, place and purpose of the initial and any additional initial hearing to each foster parent or other caretaker. The court shall provide (a) a person for whom a summons is required to be issued, and (b) person required to be notified under this subsection of an opportunity to be heard, and allows such a person to make recommendations to the court at the initial hearing.
· Criminal history checks
Provides that national criminal history checks shall be conducted in compliance with federal law. Requires criminal history checks in pre-adoption placements, even if the child is not a ward of the court or the department or placed with certain relatives. Provides all family members 14 years old or older must have a criminal history check, with the fingerprint requirement of this check applicable after age 18. Permits a national name-based record check for only individuals at least 18, rather than prior law, which had no age limit, for emergency placement with relatives. Makes numerous other changes to criminal history checks conducted by DCS.
· DCS citizen review panels
Requires DCS to establish at least three citizen review panels to comply with the federal Child Abuse Prevention and Treatment Act (CAPTA). One panel must be: (1) a community child protection team; (2) a statewide or local child fatality review team; and (3) a foster care advisory panel. Requires a citizen review panel, appointed by DCS, to: (1) consist of volunteer members broadly representing the community; (2) examine policies and procedures of child
welfare agencies; (3) meet at least one time every three months; and (4) prepare an annual report. Requires the DCS to submit a response to a citizen review panel’s report not more than six months after the date the department receives the report. Adds laws concerning the prohibition of disclosure of identifying information of cases reviewed by the panels.
· Child protection index
Establishes a child protection index with records of substantiated and unsubstantiated reports of abuse or neglect. Adds sections concerning the accessibility, confidentiality, notice to the parents of child who is named in the substantiated report and the perpetrator, amendment, and expungement of records in the index. Expungement includes, but is not limited to, records not later than twenty (20) years after a court determines a child is a CHINS and unsubstantiated reports within six (6) months of their entry. Permits juvenile courts to have access to substantiated reports in the index in connection with determination of appropriate out-of-home placements or any requirements for record checks. Permits a person or agency to obtain certain information contained in the index relating to an individual who has applied for employment or volunteered for services in a capacity that would place the individual in a position of trust with children. Provides that on July 1, 2007, certain reports and documents relating to child abuse or neglect cases contained in the child abuse registry or the automated child protection system be transferred to the child protection index.
· Permanency plans
Requires a court to consult regarding the proposed permanency plan, with a child in person, or through an interview with or written report submitted by a GAL or CASA, a case manager, or the person with whom the child is living and has primary responsibility for the child, in an age appropriate manner as determined by the court. If the child is at least 16 years of age and the proposed permanency plan provides for the transition from foster care to independent living, the court shall send notice to the child of the permanency hearing and provide the child an opportunity to be heard.
· Uniform Child Custody Jurisdiction Act
Enacts the Uniform Child Custody Jurisdiction Act and repeals Indiana’s Uniform Child Custody Jurisdiction Law. It includes dissolution, child abuse and neglect, guardianship, paternity, termination of parental rights, and protection from domestic violence cases in which child custody or visitation issues may appear.
· Other provisions
Repeals statutes permitting the use of service referral agreements. Provides informal adjustment agreements for services to children shall be according to plans approved under IC 31-34-24 in CHINS cases. Adds domestic battery to the list of crimes requiring the denial of a foster family home license or the adoption of a child. Permits a court to waive the written report of an investigation and recommendation by a licensed childcare placing agency otherwise required for an adoption if one of the petitioners is a stepparent or grandparent of the child. If this written report is waived, the court may not waive required criminal history checks. Whenever a court finds a child is a CHINS, on the basis of a substantiated report of abuse or neglect, the DCS shall enter this into the child abuse registry.

Child support
S.E.A. 329, P.L. 103
Effective July 1, 2007(§§ 1-48, 50-51); January 1, 2008 (§49)
In any Title IV-D proceeding in which a court orders, modifies, or enforces a child support order the court shall issue an immediate income withholding of an obligor’s income. If a court does not issue an income withholding order in a Title IV-D case, the Title IV-D agency may issue one. Provides the Child Support Bureau shall prescribe standard income withholding order and notice forms. In a Title IV-D case, provides requirements for implementation of an income withholding order, the amounts to be withheld, notice requirements, and income withholding requirements for income payors. The Title IV-D agency shall issue a notice of intent to withhold income. This notice is sufficient for all future income withholding until the child support obligation is satisfied. Permits a court to stay implementation of an income withholding order in a Title IV-D case if certain requirements are met. Permits a Title IV-D agency to increase the weekly amount withheld from an obligor subject to an income withholding order, who is in arrears, unless otherwise ordered by a court. A Title IV-D agency may lift a stay of implementation of an income withholding order if certain conditions are met. An obligor or obligee may file a petition to lift a stay. An income obligor who fails to comply with an income withholding order is liable under certain circumstances. Provides a Title IV-D agency or its agent is not subject to civil liability for income withheld and paid in accordance with an income withholding order. Provides that an income payor that discharges from employment, refuses to employ, takes disciplinary action, or otherwise discriminates against an obligor because of an income withholding order is subject to a penalty not to exceed $5,000. Requires a child support order to include an order for medical support to be provided by either or both parents. Changes the annual child support fee from $30 to $55. This fee is effective January 1, 2008. The Child Support Bureau may issue a subpoena under Trial Rule 45 to obtain any financial or other information needed to establish, modify, or enforce a child support order. Prohibits a fee from being charged to a custodial parent for seeking an offset of a federal or state income tax refund for past due child support payments. Repeals current provisions concerning the issuance and activation of income withholding orders.

Adoption
S.E.A. 534, P.L. 146
Effective July 1, 2007
Provides proceedings for voluntary termination of parent-child relationships and adoptions are not governed by the Uniform Child Custody Jurisdiction Law. Allows a petition for adoption to be amended to substitute another petitioner if the mother voluntarily agrees to the substitution and executes a written consent to the substitution. Provides an adoption notice is valid regardless of whether the notice is served within or outside Indiana. Provides that adoption notices served on a putative father who is not a resident of Indiana are valid if the child was conceived in Indiana or outside Indiana under certain circumstances. Provides certain notices of adoption proceedings shall be served by publication in the same manner that a summons is served by publication under Trial Rule 4.13. Amends the period in which a putative father must register with the putative father registry to be entitled to notice of an adoption, to be not later that 30 days after the child’s birth (under existing law,) or the earlier of the date of the filing of a petition for the child’s adoption, or the termination of the parent-child relationship between the child and child’s mother. Prohibits a consent to adoption from being withdrawn if the person who signs the consent to adoption appears, in person or by telephone or video conference and acknowledges that the person understood the consequences of the signing of the consent, freely and voluntarily signed the consent, and believes the adoption is in the best interests of the person to be adopted. Provides the court shall ensure this hearing is recorded if this hearing is conducted by telephone or video conference. Permits a parent who has given valid consent to the termination of the parent-child relations
hip to waive certain notice requirements if the waiver is in writing, signed by the parent in the presence of a notary and contains an acknowledgement the waiver is irrevocable and the parent will not receive notice of the adoption or termination proceedings. Requires when a parent has given written consent, been advised concerning a voluntary termination of the parent-child relationship, and appears in court, the only issue before the court is whether the consent for the termination of the parent-child relationship was voluntary. Permits a prospective adoptive parent, who suffers a pecuniary loss as a result of a violation of the adoption deception statute, to bring a civil action against the person who benefits from the adoption related expenses in violation of the adoption deception statute, even if the person has not been prosecuted for an offense under IC 35-46-1-9.5 (the adoption deception statute.) Provides for actual damages, limits pain and suffering damages to three (3) times actual damages, and costs and attorney’s fees. Makes it a Class A misdemeanor to commit unauthorized adoption advertising, to place a paid advertisement or listing of a telephone number in a telephone directory that a child is offered or wanted for adoption or to place or locate a child for adoption. However, the advertisement is permitted if placed by an attorney, or by a licensed child placing agency, and certain other conditions are met. Requires a person publishing a telephone directory must include information concerning adoption and adoption services. Makes it a Class A misdemeanor to commit unauthorized adoption facilitation, or to engage in or facilitate adoption services to a birth or prospective adoptive parent. Provides “adoption services” does not include the DCS, a county office of family and children, legal services provided by an attorney in connection with an adoption, general education and training on adoption services, and others in the application of this law.

State budget
H.E.A. 1001, P.L. 163
Various effective dates

· GAL/CASA funding (§1)
Effective July 1, 2007
Increases the GAL/CASA monies provided to the Division of State Court Administration to $2,970,248 annually.
· Disproportionality Youth Commission (§173)
Effective July 1, 2007
Adds a noncode section to create a commission on disproportionality in youth services, which includes juvenile justice services. This section expires January 1, 2009.

CASA/GAL funding
H.E.A. 1264, P.L. 91
Effective July 1, 2007
Provides funding for the CASA/GAL program through the Division of State Court Administration shall be determined from the number of CHINS cases based on reports to the Division, not the office of family and children.

Youth mentoring program
H.E.A. 1291, P.L. 119
Effective July 1, 2007
Adds IC 33-39-2-7 to permit a prosecuting attorney to establish and administer a youth mentoring program as a tax-exempt organization. Requires the prosecuting attorney to make an annual report to the county fiscal body concerning the youth mentoring program.

Protection from self-incrimination for juveniles
H.E.A. 1339, P.L. 120
Effective July 1, 2007
Provides that a statement made to an evaluator during a mental health screening, assessment, evaluation or treatment cannot be admitted in evidence against the child on whether or not the child committed a delinquent act or crime. However, the statement may be used in a probation revocation or modification of a dispositional decree. This legislation does not affect the admissibility of evidence if a juvenile uses an insanity defense. It does not affect existing disclosure or reporting requirements, or exclude a statement related to disclosure of a homicide, or a statement that reveals the child may intend to commit a crime. Amends the definition of a child in the juvenile code to no longer require an adult, who committed a crime as a child, but whose crime was only discovered after he or she turned 21, to either have meaningful consultation with his or her parent and or begin the case in juvenile court.

Interrogation of a student; juvenile court records
H.E.A. 1382, P.L. 67
Effective July 1, 2007
· Interrogation of a student
Permits interrogation of a student at least eighteen (18) years old on school property regarding an investigation by a law enforcement officer. Requires the school principal to make an effort to immediately notify the student’s parent of the interrogation, or if not possible, within 12 hours after the interrogation occurs. If the school has a policy about notification of a parent if a student is interrogated, this policy must apply to all students, regardless of age. If a student is arrested or taken into custody for allegedly committing an act listed in Ind. Code 31-37-4-3, a new code section, the law enforcement officer shall notify the chief administrative officer of the school where the child is enrolled within forty-eight (48) hours.
· Juvenile court records
Permits exchange of records of a child, if not confidential under state or federal law, between courts, law enforcement, DOC, DCS, FSSA, and schools. Requires the judge who presided over the trial, accepted the plea agreement or adjudicated the child delinquent to give written notification of the adjudication or conviction of any A, B, C or two (2) D felonies, to the chief administrative officer of the school in which the individual is enrolled within seven (7) days of the adjudication or the conviction, including any later modification.
For information on changes related to juvenile sex offenders and exclusion of attempted murder from juvenile court jurisdiction, see H.E.A. 1386 under the “Criminal Law” section.

Judicial Administration

May 29, 2007 | Category: Administration

Court costs and fines
S.E.A.125, P.L. 156
Effective July 1, 2007
Allows a court to suspend payment of court costs and court imposed fines until a convicted person has completed all or part of the person’s sentence, and grants the court continuing jurisdiction over the convicted person until the costs and fines are completely paid. Allows a court to use contempt proceedings or wage garnishment to enforce its order for payment of court costs and court imposed fines. Additionally, specifies that the $13 service of process fee that a sheriff is required to collect from a party requesting service of a writ, an order, a process, a notice, a tax warrant, or any other paper completed by the sheriff may be collected only one time per case for the duration of the case.

Proof of mailing
S.E.A. 310, P.L. 208
Effective July 1, 2007
Provides that if a law or a rule requires a mailing by registered mail or certified mail, a person may use: (1) any service of the United States Postal Service or any services of any designated private delivery service (as defined by the United States Internal Revenue Service) that: (A) tracks the delivery of mail; and (B) requires a signature upon delivery; or (2) delivery by an employee of the unit of government sending the notice. Also provides required notice procedures to follow if the mailed notice is returned undelivered.

Marion County juvenile detention center/Predispositional reports
S.E.A. 347, P.L. 142
Effective July 1, 2007
· Marion County juvenile detention center
Moves control of the Marion County juvenile detention center from the Marion County juvenile judge to the executive committee of the Marion County judges, and makes conforming amendments.
· Predispositional reports
Amends IC § 31-37-18-1.1 to permit a probation officer, other than the person who prepared the predispositional report, to be present at a juvenile delinquency dispositional hearing if he or she has knowledge of the conference held under IC § 31-37-17-1.1, and the predispositional report under IC § 31-37-17-1.

State budget
H.E.A. 1001, P.L. 163
Various effective dates

· Automated Record keeping fee (§69)
Effective July 1, 2007
Requires the collection of the $7.00 fee through June 30, 2011 instead of June 30, 2009.
· Trial Court Reimbursement in Remand Cases (§71)
Effective May 11, 2007
Requires the state to reimburse a county for expenses in conducting a new trial where a defendant is convicted of an offense in a trial court; the defendant appeals the conviction; and the case is remanded by the Court of Appeals or the Supreme Court for a new trial. The reimbursement is limited to $50,000 for each case, and salaries of state/county employees are not eligible for reimbursement. The office of the Division of State Court Administration is charged with administering the fund, which has an appropriation of $1,000,000 each year. Should this amount be insufficient, the division is authorized to adopt a pro rata reimbursement scheme.
· Magistrates (§§ 211-212, 215)
Effective July 1, 2007
Allows the judge of the Franklin Circuit Court to appoint one full-time magistrate; the judges of the Hamilton Superior Courts to jointly appoint an additional full-time magistrate; and the judges of the Clark County Circuit and Superior Courts to jointly appoint an additional full-time magistrate.
· Jackson County Courts (§§ 213-214)
Effective July 1, 2007; January 1, 2008
Expands the Jackson Superior Court to two judges January 1, 2008, and sets the term and election of this additional judge.
· Floyd County Courts (§§ 216-221)
Effective July 1, 2007; January 1, 2009
Changes the Floyd County Court to a Superior Court, and adds an additional Superior Court in Floyd County on January 1, 2009. Establishes the terms and election provisions for these courts, and establishes that the Superior Court will have a standard small claims and misdemeanor division.

Jury selection
H.E.A. 1287, P.L. 118
Effective July 1, 2007
Amends IC 33-28-5 and other statutes relating to jury selection and repeals numerous code sections including IC 33-28-4 and IC 33-28-6. The result brings all jury assembly provisions into one chapter rather than three separate chapters and makes the statutory provisions consistent with the Jury Rules. Requires city courts to follow IC 33-28-5 in assembling residents of the city for jury trials. Allows a county, city, or town fiscal body to adopt an ordinance to pay parking fees for jurors in lieu of the mileage reimbursement. Permits a county fiscal body to appropriate unencumbered money in the jury pay fund to maintain and improve the jury system after all claims during a month have been paid.

Appointment of special prosecutors
H.E.A. 1291, P.L. 119
Effective July 1, 2007
Provides that a circuit or superior court judge shall appoint a special prosecutor if a previously appointed special prosecutor files a motion to withdraw or has become incapable of continuing to represent the state and the court finds that the facts supporting the appointment still exist. Requires that the elected prosecuting attorney receive notice of all pleadings and orders filed under this subsection. Amends the compensation for special prosecutors not regularly employed as full-time prosecutors. Amends the days of service for senior prosecuting attorneys.

Taxation; Public safety
H.E.A. 1478, P.L. 224
Various Effective Dates
· Local Option Income Tax for Public Safety
Effective May 11, 2007
Allows a county to impose an additional CAGIT or COIT tax rate for public safety purposes (following the current adoption procedures). For judicial branch purposes, “public safety” specifically includes:
“(6) A probation department of a court; (7) Confinement, supervision, services under a community corrections program…for a person who has been: (A) diverted before a final hearing or trial under an agreement that is between the county prosecuting attorney and the person or the person’s custodian, guardian, or parent and that provides for confinement, supervision, community corrections services, or other correctional services instead of a final action described in clause (B) or (C); (B) convicted of a crime; or (C) adjudicated as a delinquent child or a child in need of services; (8) A juvenile detention facility…; (9) A juvenile detention center…; (13) Pension payments for any of the following:…(D) Other per
sonnel employed to provide a service described in this section.”
Before a county can impose this tax, it must first have adopted CAGIT or COIT and an additional rate of CAGIT or COIT authorized by this enrolled act for property tax relief. The rate that a county can impose is the lesser of 0.25% or the rate imposed for property tax relief (except in Marion County where the rate may not exceed 0.5%).
· Parke County Capital Case Funding
Effective May 11, 2007
Allows Parke County to impose an additional CAGIT rate of not more than 0.25% to fund the costs of a capital trial that has been moved to another county and to repay money borrowed for that purpose.
· Monroe County Juvenile Detention Center Funding
Effective May 11, 2007
Allows Monroe County to impose an additional COIT rate of not more than 0.25% to fund a juvenile detention center.
· City and Town Courts—Judicial Salaries Fee
Effective July 1, 2007
Requires that the portion of the judicial salaries fees retained by a city or town be prioritized to fund city or town court operations.

Miscellaneous

May 29, 2007 | Category: Miscellaneous

Temporary Assistance for Needy Families (TANF)
S.E.A. 504, P.L. 161
Effective May 4, 2007 (§42), July 1, 2007 (§§1-41)
Changes references from “Aid to Families with Dependent Children (AFDC) program” to “Temporary Assistance for Needy Families (TANF) program.” Requires TANF applicants to participate in employment and job opportunities; applicants who refuse to participate may be sanctioned. Removes a provision that makes a person convicted of specified misdemeanors ineligible for TANF. Provides that an individual who has been convicted of a felony involving a controlled substance, that does not include an element of distribution or manufacturing of controlled substances, and has completed or is participating in certain substance abuse treatment programs or mental health programs, may receive assistance under TANF for up to 12 months. Requires drug testing not less than once every two months for an individual who has been convicted of a felony involving a controlled substance. Requires the Department of Correction to assist an offender with applying for TANF.

Drug Free Communities Fund
H.E.A. 1434, P.L. 26
Effective July 1, 2007
Requires a county fiscal body to allocate 25% of the money in the county drug free community fund to persons, organizations, agencies, and political subdivisions to provide services and activities based on the comprehensive drug free communities plan submitted by the local coordinating council and approved by the commission for a drug free Indiana.

Probate Law

May 29, 2007 | Category: Probate

Trust and fiduciary matters
S.E.A. 49, P.L. 202
Effective July 1, 2007
Allows a bank or trust company to use funds or property held in a fiduciary capacity to purchase products, service, or security from the bank, trust company, or an affiliate if: (1) the price and ongoing charges are fair, reasonable, and substantially equivalent to the cost of similar products and services; and (2) the purchase complies with the provisions of IC 30-4-3.5. Requires the bank or trust company making such purchases to disclose annually specific information regarding the transaction to persons entitled to receive a statement of account activity. Requires the fiduciary to treat the transaction as if it were a conflict of interest transaction; provides specific requirements for obtaining consents; and provisions to revoke these consents. Provides for liability to attach to the trustee if the trustee violates the above provisions.

Electronic documents as estate property
S.E.A. 212, P.L. 12
Effective July 1, 2007
Provides that a custodian of electronically stored documents or information shall provide a personal representative access or copies of the documents or information upon receipt of a written request from the personal representative with a copy of the death certificate and certified copy of the personal representative’s letters testamentary, or an order of the probate court. Requires the custodian to maintain the documents for two (2) years after receiving such request.

Anatomical gifts
S.E.A. 550, P.L. 147
Effective July 1, 2007 (§§1-2, 4-21); June 30, 2007 (§3)
Enacts the Revised Uniform Anatomical Gift Act. Provides that specific persons or entities may petition the probate court to determine whether an individual made a written anatomical gift or made a written revocation of an anatomical gift. If the court finds that an anatomical gift was made and not revoked then the court shall order the anatomical gift be recovered. The court may modify or waive notice and hearing if the court determines that delay would have a serious adverse effect on the medical viability of the individual or the individual’s anatomical gift.

Probate and trust matters
H.E.A. 1508, P.L. 95
Effective July 1, 2007
Provides that real property owned by a trust is entitled to certain property tax deductions if specific conditions are met. Replaces the requirement for registered or certified mail with first class prepaid mail under IC 29-1-1-12. Provides that letters testamentary or of administration be served by certified mail. Provides that a will shall not be admitted to probate unless it is presented before the latest of: (1) three years after death, (2) sixty days after order denying probate of a will previously offered and objected to under section 16; (3) sixty days after order revoking probate of a will previously admitted and contested under section 17. Establishes an affidavit to determine date of death value of assets and liabilities of a decedent and requires a person receiving the affidavit to respond within three business days. Provides immunity for persons who act in good faith reliance on the affidavit; and permits recovery of damages and attorney’s fees and court costs against a person who refuses to provide the requested information within three business days. Amends the amount of the gross probate estate that may be summarily distributed to $50,000 under IC 29-1-8-3 and IC 29-1-8-4 for estates of individuals who die after June 30, 2007. Amends provisions regarding the personal representative’s right to take possession of the real and personal property of the decedent. Provides that notice of a hearing on decree for final distribution shall comply with IC 29-1-16-6. Provides that notice of a petition for appointment of a guardian or issuance of protective order be served by certified mail. Permits the property remaining upon termination of a guardianship be delivered to a trust approved by the court, or a custodian under the Uniform Transfers to Minors Act. Permits qualified personal representative or trustee to also serve as custodian for property under the Uniform Transfers to Minors Act. Removes the requirement that the certification of trust contain the trust’s taxpayer identification number. Provides that the trustee is considered the insured owner under the title insurance policy issued with respect to an interest in real property transferred to the trust under certain circumstances.

Salaries & Benefits

May 29, 2007 | Category: Salaries/Benefits

State retirement medical benefits account
S.E.A. 501, P.L. 44
Effective August 1, 2007
Creates the state employee retirement medical benefit account for employees of the executive, legislative, or judicial branch of state government, state elected or appointed officers, members of the general assembly, elected officers paid by the state, and officers paid by the state under IC 33-23-5-10, IC 33-38-5-7, or IC 33-39-6-2 who retire after June 30, 2007. The account is administered by the state budget agency, which shall establish sub-accounts for each participant consisting of the contributions made by the participant’s employer and any earning attributable to the balance of the account after administrative costs are paid. The statute specifies the amount of the employer’s annual contributions based on the participant’s age. A participant is entitled to receive an additional contribution if: (1) on the participant’s last day of service is eligible for, and applied to receive, unreduced retirement benefit, or an elected or appointed officer; (2) after June 30, 2007 and before July 1, 2017, the participant terminates service; and (3) the participant has completed 15 years of service with the employer or 10 years as an elected or appointed officer. The additional contribution is calculated based on the person’s years of service multiplied by $1000. Participants who retire after June 30, 2007, are entitled to receive a benefit from the account and such participants, spouses of participants, and dependents of participants may use the account to pay premiums for health insurance policy and medical expenses. The benefits are available to the surviving spouse and dependents to the same extent and manner as the retired participant. This is not a vested right; the state budget agency may not establish or implement this program unless the general assembly makes a specific appropriation each biennium.

Senior Judge pay
H.E.A. 1291, P.L. 119
Effective July 1, 2007

Increases senior judge pay from $50 to $100 for each of the first 30 days of service in a calendar year and from $200 to $250 for each day of service after the 30th day in that calendar year.

Judges’ pensions
H.E.A. 1480, P.L. 68
Effective July 1, 2007 (§ 1-2); Effective April 25, 2007 (§3)
Provides for a 2% increase of the monthly benefits paid to participants, survivors, and beneficiaries from the judges’ 1985 retirement system after December 31, 2007. Provides for a 2% increase of the monthly benefits paid to participants, survivors, and beneficiaries from the judges’ 1985 retirement system after December 31, 2008. Allows service credit accrued by a full-time referee, full-time commissioner, or full-time magistrate after leaving an elected term on the bench to be granted to a participating judge in the 1977 judges’ retirement system if certain conditions are met. Directs the pension management oversight commission: (1) to study the issue of implementing a judges’ defined contribution plan; (2) to study inequities between the 1977 judges retirement system and the 1985 judges’ retirement system; and (3) to identify ways that benefits provided by the 1977 judges’ retirement system and the benefits provided by the 1985 judges’ retirement system may be aligned. The provisions directing the pension management oversight commission were effective upon passage and expire June 30, 2008.

Traffic Law

May 29, 2007 | Category: Traffic

Various motor vehicle matters
SEA 247, PL 206
Effective July 1, 2007 (§§ 1, 4-9); January 1, 2008 (§§2-8)
Bureau of motor vehicle matters
SEA 463, PL 184
Effective July 1, 2007 (§§1-62, 64, 66); May 8, 2007 (§§ 63 & 65)
Establishes electronic traffic tickets (e-citations) and provides that the electronic format is prescribed by the Division of State Court Administration. The electronic ticket shall include the contents required in an information and summons under IC 9-30-3-6. When issuing an electronic ticket, the law enforcement officer may print the ticket on site; and shall inform the individual and note on the ticket whether the individual must appear in court on a specific date and time. Provides that an electronic ticket with the printed or digital signature of the law enforcement officer and prosecuting attorney or a representative of the prosecuting attorney is admissible in court as if the signatures were original signatures. Permits the transmission of the electronic ticket to the court if it meets the administrative rules adopted by the supreme court and shall be considered by the court as an original certified copy of the information and summons. The electronic tickets may be used to notify the BMV if a defendant fails to appear or answer the information and summons, or as a record of the traffic case when an individual has been convicted, a judgment entered, or a finding has been made by the court.

Motor vehicle restraint systems
H.E.A. 1237, P.L. 214
Effective July 1, 2007
Amends the definition of passenger motor vehicle and removes the exclusions from the safety belt statutes noted within this definition. Amends the safety belt provisions to apply to an occupant of the motor vehicle, not just front seat occupants. Expands IC 9-19-10-1 listing the exceptions to the seat belt laws. Permits a vehicle to be stopped to determine compliance with the safety belt law and prohibits the vehicle, its contents, the driver, or passenger from being inspected, searched, or detained solely for seat belt violations. Prohibits the use of safety belt checkpoints.

Highway work zone safety
H.E.A. 1623, P.L. 40
Effective July 1, 2007
Provides that worksite speed limits may only be enforced if workers are present in the immediate vicinity of the worksite, or if workers are not present and it is determined that the safety of the traveling public requires such enforcement. Provides increased penalties for violation of worksite speed limits: for first-time violators the judgment must be at least three hundred dollars ($300); for violators with two violations within a three-year time-frame the judgment must be at least five hundred dollars ($500); and for violators with two or more violations within a three-year time-frame the judgment must be one thousand dollars ($1000). These judgment amounts apply to infractions committed after June 30, 2007. The funds collected under this provision shall be transferred to the Indiana Department of Transportation to pay the costs of hiring off duty police officers to patrol worksites. Provides four situations when a person who knowingly, intentionally, or recklessly operates a motor vehicle in the immediate vicinity when workers are present constitutes a class A misdemeanor. These situations are elevated to class D felonies if the person has a prior unrelated conviction under this section in the previous five (5) years; operated the vehicle in violation of IC 9-30-5-1 or 2; or the offense results in bodily injury to a worker in the worksite. These situations are elevated to a class C felony if the offense results in death of a worker in the worksite. These criminal penalties apply to offenses committed after June 30, 2007.

We are nearing the end of this session. This installment is a series of topical charts detailing the status of bills of interest to the Judiciary that were heard on third reading in the second chamber. If a bill was amended at any stage in this second chamber process, it is designated with an “-A” at the relevant stage. The next communication on legislation will be the Final Legislative Update summarizing bills that have been signed into law.

If you are interested in reading the text of any bill introduced this session, you may find bill information on Access Indiana at http://www.in.gov/apps/lsa/session/billwatch/billinfo.

If you are interested in the status of bills eligible for conference committee, you may find this information at http://www.in.gov/legislative/reports/2007/CNFGRIDS.PDF.

If you’re interested in a specific area of law, below are links to the topical charts by category. Or you can view all categories by opening the PDF document at the bottom of this post.

View All Charts
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