Final Legislative Update 2010

April 20, 2010 | Category: General

This final legislative update contains summaries of select bills of interest or portions of bills that were signed into law in the regular session.  The legislative digest for all bills passed this session can be found at http://www.in.gov/legislative/reports/2010/DIGEST_OF_ENACTMENTS.PDF.

If you would like to see the entire text of any law, as well as any other legislative action, you may access this information at http://www.in.gov/apps/lsa/session/billwatch/billinfo.

Civil Law

April 20, 2010 | Category: Civil

Attorney general matters
S.E.A. 394, P.L. 40-2010
Effective July 1, 2010
Requires courts, both trial and appellate, to certify to the attorney general if the constitutionality of a state statute, ordinance, or franchise affecting the public interest has been called into question.  In such situations the court shall permit the attorney general to intervene and present arguments and evidence that relate to the question of constitutionality.  Authorizes the attorney general’s intervention in cases in which a party bases a claim or defense on a statute or executive order administered by a state officer or agency.  Provides that the attorney general may file an amicus brief in any matter pending before “any state court” without consent of the parties or leave of the court.

Bankruptcy exemptions; earned income tax credit
H.E.A. 1021, P.L. 44-2010
Effective July 1, 2010
Provides that a debtor’s Indiana earned income tax credit is exempt property under the bankruptcy property exemption statute.  (Prior law provided only that a debtor’s federal earned income tax credit is exempt property.)

Change of name requirements
H.E.A. 1047, P.L. 61-2010
Effective July 1, 2010
Requires that a petition for a name change:  (1) include specified proof of identity for persons at least 17 years old, including a driver’s license number, date of birth, etc.; (2) be filed with the circuit court of the county in which the person resides; and (3) (if filed by a person at least 17 years old) be affirmed under penalties of perjury.  Removes a provision requiring a parent or guardian of a minor child who wishes to change the name of the minor child to publish the first notice of the petition for the name change not more than seven days after the date the petition is filed.

Uniform enforcement of foreign judgments act
H.E.A. 1062, P.L. 63-2010
Effective July 1, 2010
Authorizes the enforcement of a judgment of another state upon filing the judgment in the office of the clerk of the court.

Abatement of vacant or abandoned structures [Mortgage foreclosure presuit notice]
H.E.A. 1122, P.L. 68-2010
Effective July 1, 2010 (§ 1-2, 4-5); January 1, 2011 (§ 3)
Combines the two Indiana Code provisions concerning the presuit notice required in residential foreclosure proceedings into one section.  Provides that the presuit notice must inform the debtor that if the creditor obtains a foreclosure judgment, the debtor has a right to do the following before a sheriff’s sale is conducted: (1) appeal a court finding of abandonment; (2) redeem the real estate from the judgment; and (3) retain possession of the property, subject to certain conditions.  Provides that an enforcement authority that has issued an abatement order for a vacant or abandoned structure may under certain conditions file a praecipe for the sale of the property with the clerk of the county after 180 days have elapsed from the date a foreclosure judgment and decree is filed, if the party that is entitled to enforce the judgment has not itself filed a praecipe.

Exempt veterans’ benefits from attachment
H.E.A. 1165, P.L. 53-2010
Effective July 1, 2010
Provides that a disability benefit awarded to a veteran for a service connected disability is exempt from attachment and notes that this provision does not apply if the benefit is subject to child and spousal support enforcement.

Uniform acts concerning civil procedure
H.E.A. 1350, P.L. 57-2010
Effective July 1, 2010
Enacts the Uniform Interstate Depositions and Discovery Act and the Uniform Unsworn Foreign Declarations Act.  The discovery act allows litigants to present (to a clerk of the court located in the state where discoverable materials are sought) a subpoena issued by a court in the trial state.  The declarations act affirms the use in state law proceedings of unsworn declarations made by declarants who are physically outside the boundaries of the United States when making the declaration.

Another bill of interest:

Display of political signs
S.E.A. 64; P.L. 5-2010
Effective July 1, 2010

Criminal Law

April 20, 2010 | Category: Criminal

Involuntary manslaughter and pregnancy
S.E.A. 71, P.L. 7-2010
Effective July 1, 2010
Amends the involuntary manslaughter statute, IC 35-42-1-4, to include killing a fetus while committing or attempting to commit a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated).

Various criminal law matters
S.E.A. 81, P.L. 100-2010
Effective March 24, 2010 (§ 7); July 1, 2010 (§ 1-6, 8)
Establishes the new Criminal Law and Sentencing Policy Study Committee in IC 2-5.5-5.  Committee membership will differ from present Sentencing Policy Study Committee, including a change to a single judicial member appointed by the Chief Justice, and the addition of a probation member appointed by the Probation Officers’ Professional Association.  Expands the responsibilities of the Committee to include a broad spectrum of criminal law issues.

Amends IC 9-24-15-4 to provide that, when a license is suspended for either a pending charge or a conviction of an Indiana motor vehicle felony or a felony in which a motor vehicle was used, the defendant may file a petition for a restricted driving permit only in the court in which the charges are pending or the conviction was entered.

Amends IC 9-24-18-1 to make a C misdemeanor driving without ever having obtained a valid license a Class A misdemeanor if the person has a prior unrelated conviction, and provides that a person convicted of either the C or A misdemeanor shall be prohibited from obtaining a valid license for a period of 90 days to two years.

Amends IC 9-30-4-6 and IC 35-44-3-3 to provide for a one-year license suspension for a person who commits D, C, or B felony resisting law enforcement with a motor vehicle if the person exceeded the speed limit by 20 miles per hour, committed criminal recklessness with a motor vehicle, or engaged in IC 9-21-8-55(b) aggressive driving, and requires the suspension to be for two years if the person has a prior D, C, or B felony resisting law enforcement conviction.

Enacts IC 9-30-4-6.5, to provide that any license suspension under IC 9-30-4 for motor vehicle crimes or specified crimes if committed with a motor vehicle does not commence until the person is released from incarceration.

Electronic dissemination of indecent material and sex offender registration
S.E.A. 224, P.L. 103-2010
Effective March 24, 2010 (§ 2); July 1, 2010 (§ 1, 3)
Requires the Sentencing Policy Study Committee to study and make recommendations regarding the sending of sexually suggestive or sexually explicit material over the Internet or by use of a cellular telephone or similar device, including whether school corporations should adopt policies regarding this topic.  Provides that a school corporation may offer classes or instruction regarding the risks and consequences of creating and sharing sexually suggestive or sexually explicit materials electronically.  Provides filing and notice requirements for a petition to remove a person’s designation as a sex offender on the basis that the registration requirements constitute ex post facto punishment in response to the Indiana Supreme Court’s opinion in Wallace v. State.

Parole board duties, community corrections, and bail
S.E.A. 340, P.L. 105-2010
Effective March 24, 2010 (§ 17); July 1, 2010 (§ 1-16; 18)
Makes conducting a community investigation by the parole board mandatory for certain individuals.  Reduces the standard period of parole from two years to one year unless the parolee: (1) is a repeat parolee; (2) is being placed on parole for a conviction for a crime of violence; (3) is a sex offender; or (4) has violated a DOC rule in the six months prior to release.

Provides that DOC rules concerning the maintenance of order and discipline among committed persons applies to persons placed in a community corrections program or assigned to a community transition program.  Repeals a provision that requires a county that receives a grant from the department commissioner for the establishment and operation of a community corrections program to be charged a sum for certain persons committed to the department and confined in a state correctional facility.  Mandates a community corrections plan to include a method to evaluate each component of the program to determine the overall use of DOC approved best practices for the program.  Provides that the DOC must require community corrections programs to submit an evaluation of the use of DOC approved best practices for community correction program components in proposed budget requests.

Amends the home detention statutes to define “home” to include the residence of another person who is not part of the social unit formed by an offender’s immediate family.  Establishes certain standards and criteria for direct placement of offenders in community corrections programs.  Amends the law concerning direct placement in community corrections programs to: (1) define “home” as the actual living area of the temporary or permanent residence of a person; and (2) entitle a person who is placed in a community corrections program under the law to earn credit time.  Authorizes a person to be deprived of credit time for violating a rule or condition of a community corrections program.

Makes changes to the Indiana bail law concerning: (1) notices to sureties and bond agents; and (2) failure to appear.  Provides that the requirement that courts include the costs of incarceration in sentencing orders expires June 30, 2012.  Urges the legislative council to assign to the sentencing policy study committee the issue of whether courts should include the costs of incarceration in sentencing orders.

Criminal procedures and controlled substances [No contact orders]
H.E.A. 1234, P.L. 94-2010
Effective March 18, 2010 (§ 6, 15); July 1, 2010 (§ 1-5, 7-14)
Provides an exception to the human immunodeficiency virus (HIV) testing consent statute (IC 16-41-8-5) by requiring that a defendant be tested for HIV within 48 hours if requested by the alleged victim of a sex crime committed by force or threat of force.

Enacts IC 25-15-2-24 and amends IC 25-15-9-18 to provide that if the decedent had filed a protection order which is currently in effect, the individual it is in effect against may not authorize or designate the manner, type, or selection of the final disposition and interment of human remains.  Requires law enforcement to determine if there is a protection order in effect.

Amends IC 35-33-8-3.2 and adds IC 35-33-8-3.6 to provide that if a court releases a defendant, who is charged with committing certain violent crimes that result in bodily injury, to bail without holding a bail hearing, the court shall include as a condition of bail that the defendant refrain from any direct or indirect contact with the victim for 10 days after release or until the initial hearing, whichever occurs first.  Establishes violations of these no contact orders are an invasion of privacy.

Provides that a court may require a person convicted of domestic battery to complete a certified batterer’s intervention program.  Provides that a court may require a person charged with domestic violence to wear a GPS tracking device as a condition of bail.

Another bill of interest:

Inmate possession of a cellular device prohibited
H.E.A. 1100, P.L. 51-2010
Effective July 1, 2010

Elections and Voting

April 20, 2010 | Category: Elections/Voting

A bill of interest:

Voters with disabilities; MOVE
H.E.A. 1109, P.L. 66-2010
Effective July 1, 2010

Family and Juvenile Law

April 20, 2010 | Category: Family/Juvenile

Adoption matters
S.E.A. 140, P.L. 21-2010
Effective March 12, 2010 (§ 1-9); July 1, 2010 (§ 10-11)
Enacts IC 31-14-5-9 to provide that a man who is barred from establishing paternity under IC 31-19 (adoption), is prohibited from establishing paternity by filing a paternity action as next friend of the child or requesting a prosecuting attorney to file a paternity action.

Amends IC 31-19-4-4, IC 31-19-4-5 and IC 31-19-9-12 to provide that if a man receives notice of adoption, he must file a notice to contest the adoption in the adoption court and cannot file a paternity action to contest the adoption.

Amends IC 31-19-5-1 to provide that on or before the date the mother executes a written consent to the child’s adoption, a man is only required to register with the putative father registry if the mother has not disclosed the name or address of the putative father to the attorney or agency arranging the child’s adoption.

Amends IC 31-19-9-2 to provide that once a person executes a consent to the adoption of a child, the same person may not execute a second or subsequent consent to adopt to another person, unless the steps in this section are taken to withdraw the first consent.

Amends IC 31-19-11-1 to provide that a court may not grant an adoption to a person convicted of an attempt or conspiracy to commit a felony listed in this section or who is a sexually violent predator.

Amends IC 31-35-2-4 and IC 31-35-2-5 to provide that a petition to terminate parental rights in either a CHINS or delinquency case may indicate that the child has, on two separate occasions, been adjudicated a CHINS.

Amends IC 35-46-1-21 and IC 35-46-1-22 to provide that only an attorney or child placing agency licensed under Indiana may place certain advertisements about adoptions or provide adoption services.

Various child support matters
S.E.A. 163, P.L. 80-2010
Effective July 1, 2010
Requires a court to immediately withhold child support in all cases, rather than only Title IV-D cases, unless the parties submit a written agreement in the record which meets certain requirements and is approved by the court.  Establishes the information to be included in an income withholding order.

Establishes the withholding of cash winnings of support obligors who are delinquent in court ordered child support if delinquent more than $2,000 or three months past due.  Provides penalties for noncompliance with these provisions.

Removes the mandatory reinstatement fee for a driver’s license suspended because of delinquent child support.

Requires a guardian or custodian to make a good faith effort to cooperate with the Child Support Bureau and certain other agencies regarding certain paternity and child support matters, including assisting a prosecutor to locate or identify parents and provide other requested information.  Defines good faith effort to cooperate.  Provides that a parent, custodian or guardian who refuses to cooperate in a paternity action or the establishment or enforcement of a child support order is subject to sanctions or revocation or suspension of TANF benefits.

Provides that a court may consider a child emancipated if the child is on active duty, rather than only enlisted, in the United States armed forces.

Provides that a parent shall supply the following information to the Clerk for entry into ISETS: (1) mailing address, (2) telephone numbers, (3) date of birth, (4) driver’s license number, and (5) social security number.  The address does not have to be supplied in the case of a participant in the address confidentiality program under IC 5-26.5.

Establishes that a party affected by a support order must notify the Clerk and the State Central Collection Unit of any change of address not more than 15 days after the party’s address is changed.  Provides that when a support order is issued or modified, the parties shall inform the child support bureau of the receipt of any AFDC, TANF and the social security number of a child affected by the order.

Requires a court or administrative agency in any child support enforcement action to deem state due process met for a party if a diligent effort was made to ascertain the location of the party in child support cases.  Diligent effort in this case means mailing written notice to the party at the most recent residential or employer address filed with the clerk or state central collection unit.

Provides that a court may not consider a parent’s absence or relocation due to active duty service as a factor in determining custody or permanently modifying a child custody order.  If a court temporarily modifies a custody order due to active duty service, the temporary modification order terminates automatically not later than 10 days after the date the parent notifies the temporary custodian in writing the parent has returned.

Requires a court to order the parent(s) in a support modification proceeding to prove medical support for the child if a Title IV-D agency petitions for the modification and the coverage is available to the parent at a reasonable cost.

Requires an employer to transfer the National Medical Support Notice to the employer’s health insurance plan within 20 days after the date of the National Medical Support Notice.

Provides for the distribution of withheld income pro rata among the persons entitled to receive the support and in manner that will not result in one of the current child support obligations not being honored.

Provides an income payor is not required to vary the income payor’s normal pay and distribution cycles in order to comply with the income withholding provisions.  Provides an income payor is not subject to civil liability for income withheld and paid in accordance with an income withholding order that appears regular on its face.

Provides that the Child Support Bureau shall petition a court to establish paternity and support, including health insurance coverage.

Prohibits a person from disclaiming an interest in property up to the extent of the person’s child support arrearage.

Custody and parenting time matters
S.E.A. 178, P.L. 25-2010
Effective July 1, 2010
Amends IC 16-37-2-2.1 to provide that the paternity affidavit shall contain a statement that the parents agree to share joint legal custody of the child, and if not, mother has sole legal custody.  Defines joint legal custody and gives mother primary physical custody of the child.

Establishes a statement with signature lines on the paternity affidavit affirming that a person under eighteen (18) years of age had a chance to consult with an adult before signing the affidavit.  Provides that parenting time under the paternity affidavit shall be under the parenting time guidelines.

Provides that, if there is an action to establish custody or parenting time of a party who has agreed to share joint legal custody, it shall be tried de novo.

Provides that, before the paternity affidavit is signed, it must be presented separately to the mother and the father so that they each may review it alone.  A paternity affidavit is voidable if this does not occur.

Provides that an agreement to share joint legal custody is void if either the following applies:  (1) a genetic test indicates a person is not the biological father; (2) the father fails to submit to a local health officer, and not later than sixty (60) days after the date of the child’s birth, the results of a genetic test indicate the person is the biological father.

Juvenile, education, and law enforcement matters
H.E.A. 1193, P.L. 74-2010
Effective July 1, 2010
Establishes the Law Enforcement, School Policing, and Youth Work Group to study and recommend to the General Assembly: (1) legislative changes; (2) training curricula for use by the Indiana Law Enforcement Academy for law enforcement interactions with juveniles; (3) training curricula for school resources officers, teachers, school administrators, school corporation police officers and privately contracted security officers; (4) guidelines for school districts to adopt to reduce juvenile involvement in the juvenile justice areas; (5) whether school security guards should be able to make arrests, conduct searches, and carry firearms on school corporation property; and (6) other related areas.  The Work Group shall conduct its first meeting by August 1, 2010 and issue a report before July 1 each year.

Requires all school corporations to submit a student safety report by July 1 each year to the Department of Education containing the number of arrests on school property, offenses, employee contacts with law enforcement that resulted in arrests off school property, whether the school corporation has school police or private security guards and other information.

Judicial Administration

April 20, 2010 | Category: Administration

State and local administration [Jury service matters §§ 24 and 30]
S.E.A. 23; P.L. 110-2010
Effective January 1, 2010 (§ 15-16, 23, 25-29, 31, 38); March 24, 2010 (§ 24, 33-37, 39-40); March 25, 2010 (§ 6-10, 12-14, 17-21); July 1, 2010 (§ 1-5, 11, 22, 30, 32)
Provides that payments for jury service are not considered deductible income for purposes of unemployment benefits.  Provides that those eligible for unemployment benefits shall not be denied benefits because the individual is responding to a summons for jury service.  Requires the individual to obtain proof of service from the court and provide that proof to the Department of Workforce Development.

Magistrates
S.E.A. 36, P.L. 3-2010
Effective July 1, 2010
Provides that magistrates who meet certain criteria may be certified as senior judges by the Judicial Nominating Commission.

Floyd County courts
S.E.A. 307, P.L. 82-2010
Effective March 18, 2010
Provides that the Floyd Circuit Court and Floyd Superior Court No. 3 have concurrent juvenile jurisdiction.

Marion County courts
H.E.A. 1154, P.L. 71-2010
Effective July 1, 2010 (§ 1); January 1, 2011 (§ 2-4)
Provides that a commissioner appointed in the Marion County courts has all of the powers and duties prescribed for a magistrate.  Allows a Marion County commissioner who exercises the powers and duties of a magistrate to serve as a senior judge.  Specifies that, if a commissioner appointed in Marion County is appointed as a magistrate, the salary of that magistrate shall be paid by the state in the same amount that other magistrates are paid.  Provides that the allocation of appointments of commissioners shall be determined by agreement between the judges of the superior court and the judge of the circuit court with consideration given to the case load of each court.  Provides that, in addition to any judgment otherwise entered in Marion County for a traffic violation constituting an infraction, an additional judgment amount of not more than $35 may be entered for the traffic violation, and this additional judgment amount shall be transferred to a dedicated county fund that 1) does not revert to the county or state general fund; and 2) may be used, after appropriation by the county fiscal body, only to pay compensation of commissioners and pay costs of the county’s guardian ad litem program.

Interlocal agreements concerning courts
H.E.A. 1186. P.L. 55-2010
Effective July 1, 2010
Provides that a city or town that has not established a city or town court may enter into an interlocal agreement with a city or town that has established such a court located in the same judicial circuit to hear and dispose of ordinance violations.  Provides that a city or town that has not established an ordinance violations bureau may also enter into an interlocal agreement with a municipal corporation that has established an ordinance violations bureau located in the same judicial circuit to hear and dispose of ordinance violations.  The sums collected under these interlocal agreements shall be accounted for and paid as provided in the interlocal agreement.

Courts [Problem solving courts]
H.E.A. 1271, P.L. 108-2010
Effective July 1, 2010
Establishes the certification of problem solving court models for the judicial monitoring of treatment and rehabilitation including:  (1) drug courts, (2) reentry courts, (3) mental health courts, (3) family dependency drug courts, (4) community courts, (5) domestic violence courts, and (6) veterans’ courts.  Permits courts with civil, criminal or juvenile jurisdiction to establish a problem solving court.  Permits eligible criminal defendants and juveniles to participate in a problem solving court pre- or post-conviction or disposition.  Requires the board of directors of the Indiana judicial conference to adopt rules for the certification and operation of problem solving courts.  Requires in the Indiana judicial center to oversee the certification of problem solving courts.  Repeals the drug courts and reentry courts statutes.

Another bill of interest:

Clerk liability
H.E.A. 1044, P.L. 60-2010
Effective July 1, 2010

Miscellaneous

April 20, 2010 | Category: Miscellaneous

Discharge of long term inmates; credit time
S.E.A. 415; P.L. 42-2010
Effective July 1, 2010
Provides that an inmate is eligible for rehabilitation-based discharge if the inmate has served 21 years in the DOC and has received four years of credit time.  Allows certain persons to earn not more than six months credit time, as determined by the DOC, for completion of one or more reformative programs approved by the DOC.  Prohibits a person from earning credit time for completing the requirements for a general educational development (GED) diploma, a high school diploma, an associate’s degree, a bachelor’s degree, a career and technical education program, a substance abuse program, a literacy and basic life skills program, or a reformative program if the person: (1) commits a sex offense, criminal confinement if the victim is less than 18 years of age, or kidnapping if the victim is less than 18 years of age while the person is required to register as a sex or violent offender under the sex offender registration law; and (2) is committed to the DOC after being convicted of the offense.

County identification security protection fee [Training for county elected officials]
H.E.A. 1061, P.L. 45-2010
Effective July 1, 2010
Provides that beginning July 1, 2011, the $2 county identification security protection fee shall be deposited in the following manner: 1) $1 in the county recorder’s records perpetuation fund; 2) $.50 in the county identification security protection fund; and 3) $.50 in county elected officials training fund.  Requires each county to establish a county elected officials training fund, and that the money in the fund must be used to provide training of county elected officials.  Provides that an individual elected to the office of circuit court clerk after November 2, 2010, must complete at least 15 hours of training within one year, and 40 hours of training within three years after beginning the individual’s term as circuit court clerk.  These training courses are to be developed by the Association of Indiana Counties and approved by the State Board of Accounts.

Various provisions concerning firearms
H.E.A. 1065, P.L. 90-2010
Effective July 1, 2010
Prohibits a person, including an individual, a corporation, and a governmental entity, from adopting or enforcing a policy or rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from legally possessing a firearm or ammunition that is locked in the trunk of the employee’s vehicle, kept in the glove compartment of the employee’s locked vehicle, or stored out of sight in the employee’s locked vehicle while the vehicle is in or on the person’s property, unless the firearm or ammunition requires a certain federal license to possess.

Exempts the prohibitions on the possession of a firearm or ammunition in the following situations: (1) on school property, on property used by a school for a school function, or on a school bus; (2) on certain child care and shelter facility property; (3) on penal facility property; (4) in violation of federal law; (5) on property belonging to an approved postsecondary educational institution; (6) on the property of a domestic violence shelter; (7) at a person’s residence; (8) on the property of a person that is subject to the United States Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards and licensed by the United States Nuclear Regulatory Commission; (9) on property owned by a public utility that generates and transmits electric power or a department of public utilities; and (10) in an employee’s personal vehicle if the employee is a direct support professional who uses the employee’s personal vehicle while transporting an individual with developmental disabilities.  Provides that a court does not have jurisdiction over an action that: (1) is brought against an employer who is in compliance with the prohibition against adoption or enforcement of a policy or rule that prohibits the possession of a firearm in a locked vehicle; and (2) is brought to recover for any injury or damage resulting from the employer’s compliance.  Authorizes a person harmed by a violation to bring a civil action for damages, costs, attorney’s fees, and injunctive relief to remedy a violation.  Prohibits the state, a political subdivision, or any other person from prohibiting or restricting the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during a declared disaster emergency, energy emergency, or local disaster emergency, subject to exceptions that apply to the prohibition against adoption or enforcement of a policy or rule that prohibits the possession of a firearm in a locked vehicle.  Repeals provisions that allow certain political subdivisions to adopt emergency ordinances to regulate firearms if a local disaster emergency has been declared.

Other bills of interest:

Noncode statutes
S.E.A. 134, P.L. 20-2010
Effective July 1, 2010

Technical corrections
S.E.A. 222, P.L. 1-2010
Effective May 12, 2009 (§ 63); March 12, 2010 (§ 1-62, 64-158)

Probate Law

April 20, 2010 | Category: Probate

Guardianships, estate administration, trusts matters, and wills
S.E.A. 65, P.L. 6-2010
Effective July 1, 2009 (§ 25); December 1, 2009 (§ 6, 13); July 1, 2010 (§ 1-5, 7-12, 14-24, 26-40)
Provides requirements for affidavits showing no inheritance tax due.  Makes changes to transfer on death provisions for motor vehicles and watercraft.  Provides that wills and trusts of decedents who die in 2010 that contain certain federal estate tax and generation-skipping transfer tax laws refers to these tax laws as they applied with respect to estates of decedents on Dec. 31, 2009.  Requires the personal representative to include a statement in each petition or other document filed with the court that the personal representative delivered a copy of the petition or other document to each person whose written consent or waiver of notice is presented to the court in support of the petition or document.  Provides that an interested person may petition for the removal of a personal representative.  Amends IC 29-3-5-1 regarding the contents of a petition for guardianship to include provisions regarding protective orders authorized under IC 29-3-4.  Repeals and replaces the current statute on the powers of the guardian to engage in estate planning for the protected person among other duties.  Makes amendments regarding discretionary interests, factors for determining dominion and control over a trust, irrevocable trusts, and creditor relations to trusts.  Authorizes matrimonial trusts.  Provides that if a beneficiary to a trust cannot be found, the court may order the trustee to sell the shares of the trust, with some specific exceptions, to which the beneficiary was entitled and deposit the proceeds with the clerk of the court.  Requires the clerk to hold the proceeds for the use and benefit of the person.   Makes amendments to the transfer on death and disclaimer provisions.

Volunteer advocates programs for incapacitated adults and seniors
H.E.A. 1169, P.L. 72-2010
Effective July 1, 2010
Provides that a court will appoint volunteer advocates for seniors programs or volunteer advocates for incapacitated adults programs (programs) rather than individual advocates.  Changes the: (1) reporting requirements for, (2) duties of, and (3) appointments of programs.  Provides that a program may petition the court for reasonable compensation or reimbursement of expenses.  Provides that probate courts in adjacent counties may establish joint or multiple county programs.  Provides that probate courts may contract with an Indiana nonprofit or municipal corporation to provide programs.  Provides that the programs have the duties of a guardian of a minor.  Provides that the programs have certain guardianship responsibilities regarding the property of an incapacitated adult or senior.

Salaries and Benefits

April 20, 2010 | Category: Salaries/Benefits

A bill of interest:

Various PERF and TRF matters
S.E.A. 30, P.L. 99-2010
Effective March 24, 2010 (§ 2, 6); July 1, 2010 (§ 1, 3-5, 7-15)

Traffic Law

April 20, 2010 | Category: Traffic

Commercial driver’s licenses and commercial motor vehicles
S.E.A. 74, P.L. 9-2010
Effective March 12, 2010 (§ 1-3, 16); July 1, 2010 (§ 4-15)
Exempts certain intrastate commerce vehicles from IC 8-2.1-24-3.  Amends references to the Code of Federal Regulations regarding commercial drivers and links certain penalties to the Code of Federal Regulations.  Amends provisions of IC 9-13 to include specific definitions for “alcohol,” “controlled substance,” “conviction,” “motor vehicle” and “vehicle.”  Amends provisions of IC 9-24 to define “alcohol.”  Provides that serious traffic violations include operating a CMV without obtaining a CDL, operating a CMV with CDL in possession, and operating CMV without holding the proper class or endorsement on CDL, and provides that serious traffic violations can be committed while holding any class of CDL, not just while driving a CMV.  Provides that disqualifying offenses can be committed while holding any class of CDL, not just while driving a CMV.  Amends the class C misdemeanor provision for a person who knowingly allows, requires, permits, or authorizes another person to drive a CMV to include the period during which the other person is disqualified from driving a CMV, or the driver, CMV, or motor carrier operation is subject to an out-of-service order.

Motor vehicle offenses
S.E.A. 170, P.L. 102-2010
Effective July 1, 2010
Provides that a person who causes the death of a law enforcement animal when operating a motor vehicle while intoxicated commits a Class D felony.  Provides that a person who resists law enforcement and operates a motor vehicle in a manner that causes the death of a law enforcement officer commits a Class A felony.

Conditions of hardship licenses
S.E.A. 221, P.L. 28-2010
Effective July 1, 2010
Requires a court to impose reasonable monitoring requirements on a person who is issued a restricted driving permit if the person is a habitual traffic violator, and requires a court to impose certain conditions on habitual traffic violators.  Provides that a judgment, for purposes of the habitual traffic violator law, includes a judgment from another jurisdiction in which the elements of the offense are substantially similar to the elements of the offense in Indiana.  Provides that a person who operates a vehicle or motorized bicycle in violation of a restricted license commits a Class A misdemeanor.

Bodily substance samples
S.E.A. 342, P.L. 36-2010
Effective March 12, 2010
Amends IC 9-30-6-6(j), an implied consent provision, in response to Brown v. State, 911 N.E.2d 668 (Ind. Ct. App. 2009), vacated by 919 N.E.2d 560 (Ind. Dec. 17, 2009).  The amended provision removes a certified phlebotomist from the list of health care professionals authorized to take bodily substance samples and adds language providing that “[t]his subsection does not apply to a bodily substance sample taken at a licensed hospital (as defined in IC 16-18-2-179(a) and IC 16-18-2-179(b).”

Fines for moving violations
S.E.A. 399, P.L. 106-2010
Effective July 1, 2010 (§ 1-7, 9-18); January 1, 2011 (§ 8)
Amends IC 34-28-5-4 to provide that a person who admitted a moving violation constituting a class C infraction, or has been found by the court to have committed a moving violation constituting a class C infraction may not be required to pay a judgment exceeding $35.50 plus court costs, if the person mails or delivers the admission or plea of nolo contendere before the appearance date specified in the summons and complaint, or the person admits or pleads nolo contendere on the appearance date specified in the summons and complaint.  If the person contests the violation and is found in court to have committed the violation, the person may not be required to pay: (1) a judgment exceeding $35.50 plus court costs if in the five years before the appearance date, the person was not found by a court in the county to have committed a moving violation, (2) a judgment exceeding $250.50 if in the five years before the appearance date, the person was found by a court in the county to have committed one moving violation; (3) a judgment exceeding $500 if in the five years before the appearance date, the person was found by a court in the county to have committed two or more moving violations.  In a proceeding to contest a moving violation, the court may require the person to submit an affidavit or sworn testimony concerning whether, in the five years before the appearance date, the person was found by a court to have committed one or more moving violations.  Provides that the amounts above are in addition to any amount a person is required to pay for a defensive driving school program.  Provides a subsection for only Marion County that requires Marion County to impose a judgment of not less than $35 and these funds are to be transferred to the dedicated fund as provided for in IC 34-28-5-5.  Provides that court costs referenced in IC 9-22-3-7.5, 9-24-15-5, 9-30-10-7, 9-30-3-12, 33-37-1-3, 34-6-2-30.5 (new section), 35-33.5-5-4, 35-33-8.5-11, 35-38-2-3, and 35-38-3-2, 35-38-4-6, 35-41-2-3, 35-42-3.5-3, 35-45-13-8, and 35-50-5-4 include fees.

Other bills of interest:

Traffic signal and railroad crossing matters
S.E.A. 73, P.L. 8-2010
Effective July 1, 2010

Yield when approaching certain vehicles
S.E.A. 93, P.L. 14-2010
Effective July 1, 2010

Transportation of radioactive materials
S.E.A. 186, P.L. 26-2010
Effective July 1, 2010

Motor vehicles
S.E.A. 400, P.L. 86-2010
Effective July 1, 2010

Various motor vehicle matters
H.E.A. 1084, P.L. 65-2010
Effective March 17, 2010 (§ 7); July 1, 2010 (§ 1-6)