The following is a list of legislative updates provided by the Indiana Office of Court Services. To read more updates, visit indianacourts.us/legislative.
Unlawful encroachment by a sex offender
The House Courts and Criminal Code Committee heard SB 12 on unlawful encroachment by a sex offender, sponsored by Rep. Negele. The bill provides that, unless a court has granted a waiver, a sex offender who establishes a residence: (1) with the intent to reside at the residence; (2) within a one-mile radius of the residence of the victim of the offender’s sex offense; and (3) knowing the location of the victim’s residence; commits unlawful encroachment by a sex offender, a Level 6 felony.
The bill was amended by consent to make a technical correction, change the title of the new offense to “invasion of privacy”, and to insert the language from SB 259 on school property and religious institutions. The amendment on school property and religious institutions prohibits a sex offender from attending a house of worship located on school property while classes, extracurricular activities, or other school activities are being held. The Indiana Prosecuting Attorneys Council testified in support of the bill. The amended bill passed 11-0.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/12
Low THC hemp extract
The House Courts and Criminal Code Committee heard SB 52 on low THC hemp extract, sponsored by Rep. Frizzell. The bill repeals all provisions concerning the cannabidiol registry and a “substance containing cannabidiol” (all added by HEA 1148-2017), defines “low THC hemp extract” as a product derived from Cannabis sativa L. that contains not more than
0.3 percent THC and no other controlled substances, establishes requirements for the manufacture and sale of low THC hemp extract, and makes conforming amendments. The bill was amended by consent to provide (in part) that a person commits the offense of dealing in marijuana, hash oil, hashish, or salvia as a Level 5 felony if the: (1) person is a retailer; (2) marijuana, hash oil, hashish, or salvia is packaged in a manner that appears to be low THC extract; and (3) person knew or reasonably should have known that the product was marijuana, hash oil, hashish, or salvia.
The Indiana Prosecuting Attorneys Council supported the amended bill, which passed 8-0.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/52
Out of state sex or violent offenders
The House Courts and Criminal Code Committee heard SB 60 on out of state sex or violent offenders, sponsored by Rep. McNamara and Rep. Washburne. The bill provides that a failure to register as a sex or violent offender for an offense originating from another jurisdiction is a Level 5 felony in certain instances.
The Indiana Prosecuting Attorneys Council testified in support of the bill, which passed 10-0.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/60
Sentence modification
The House Courts and Criminal Code Committee heard SB 64 on sentence modification, sponsored by Rep. Washburne. The bill requires a court to advise a defendant, before accepting a guilty plea, that the court will be bound by terms of a plea agreement both at the time of sentencing and with respect to sentence modification. The bill also provides that a court may not, without the consent of the prosecuting attorney, reduce the sentence of a person sentenced under a plea agreement if the reduction was not authorized by the plea agreement. The bill further provides that the prohibition against including a waiver of the right to sentence modification in a plea agreement does not prohibit finding that a person has waived the right to have a court modify a sentence in a manner contrary to the plea agreement.
The Indiana Prosecuting Attorneys Council testified in support of the bill, which passed 10-0.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/64
Controlled substances
The House Courts and Criminal Code Committee heard SB 74 on controlled substances, sponsored by Rep. Steuerwald. The bill adds the substance Mexedrone to the definition of “synthetic drug” and adds additional controlled substances to the existing statutory list of depressants, hallucinogens, and opiates classified as Schedule I.
The bill was amended by consent to add additional controlled substances to the existing statutory list of opiates and hallucinogens classified as schedule I and II, and to amend the definition of “synthetic” drug in the criminal code to eliminate 7 hydroxymitragynine and mitragynine. The amended bill passed 8-0.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/74
Specialized driving privileges
The House Judiciary Committee heard SB 98 sponsored by Rep. Steuerwald on specialized driving privileges. The bill provides that an individual’s specialized driving privileges expire at the time the suspension of the individual’s driving privileges is terminated if: (1) the underlying conviction, charge, adjudication, or determination that forms the basis of the suspension is reversed, vacated, or dismissed; or (2) the individual is acquitted of, found not liable for, or otherwise found not to have committed the underlying act or offense that forms the basis of the suspension. It also requires the court to inform the Bureau of Motor Vehicles of a termination of a suspension and expiration of specialized driving privileges.
An amendment was adopted by consent authorizing the court to hold a notice of suspension if the defendant petitions for specialized driving privileges within 10 days of the initial hearing. The amended bill passed 11-0.
Read the bill at iga.in.gov/legislative/2018/bills/senate/98
Civil forfeiture
The House Judiciary Committee heard SB 99 sponsored by Rep. Steuerwald on civil forfeiture. The introduced version of this bill was prepared by the interim study committee on Courts and the Judiciary in response to a federal court decision (Washington v. Marion County) declaring Indiana’s forfeiture process unconstitutional for lack of due process. The bill:
- Requires the prosecuting attorney to file an affidavit of probable cause with a court not later than seven days after property is seized and provides for the return of the property to the owner if the court does not find probable cause;
- Establishes a hardship procedure for an owner of real property or of a vehicle (if the owner was not operating the vehicle at the time of the seizure) to obtain provisional custody of the seized property pending a final forfeiture determination.
- Makes the time limit for filing a forfeiture action: (1) 21 days, if the owner hasfiled a written demand for return of the property; or (2) 90 days, if the owner has not filed a written demand for return of the property;
- Provides that an owner whose property is returned is not liable for the costs of storage, transportation, or maintenance;
- Specifies how the proceeds of a forfeiture action are to be distributed;
- requires a prosecuting attorney to report certain information concerning forfeitures to the Prosecuting Attorneys Council;
- Imposes certain requirements on the use and compensation of outside counsel in forfeiture actions and prohibits a prosecuting attorney or deputy prosecuting attorney from receiving a contingency fee for a forfeiture action.
The Marion County and Delaware County Prosecutors and the Office of the Attorney General testified in support of the bill. The Indiana Public Defender Council testified in support of the concept of forfeiture reform but identified concerns with the bill language. The bill passed 13-0.
Read the bill at iga.in.gov/legislative/2018/bills/senate/99
Change of placement for child in need of services
The House Committee on Family, Children, and Human Affairs heard SB 128 sponsored by Rep. Sullivan on change of placement for child in need of services. DCS testified against the bill, stating that current law already requires DCS to file a motion in court for a change of placement and to provide their report to all affected parties, including the parents and foster parents. The author, Sen. Head explained that the bill adds a specific timeframe to that requirement.
The bill passed 13-0.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/128
Required DCS notification for schools
The House Committee on Family, Children, and Human Affairs heard SB 135 sponsored by Rep. Pressel and Rep. Olthoff about required DCS notifications for school. The author, Sen. Bohacek explained that the legislation places a three-day timeframe on DCS’s notification to schools of a child’s removal from home. DCS is currently required to notify schools of removals, but the legislation provides a shorter timeframe for the notification to take place.
The Committee took by consent an amendment that adds language from SB 130, providing civil immunity to CASA/GAL programs, staff, and volunteers related to wait lists. The amended bill passed 13-0.
Read the bill at iga.in.gov/legislative/2018/bills/senate/135
Uniform business organizations
The House Judiciary Committee heard SB 180 sponsored by Reps. Carbaugh and Steuerwald on uniform business organizations. The bill makes technical amendments to the Uniform Business Organizations Code and Uniform Business Organization Transactions Act as clean-up to the significant changes made last year. The amendments include information to be submitted in filings with the secretary of state, use of business names, registration of foreign entities, and administrative dissolution.
An amendment was adopted by consent establishing a five-year period for business entities to reinstate following dissolution. The amended bill passed 13-0.
Read the bill at iga.in.gov/legislative/2018/bills/senate/180
Crimes resulting in the loss of a fetus
The House Courts and Criminal Code Committee heard SB 203 on crimes resulting in the loss of a fetus, sponsored by Rep. Speedy. The bill provides that the crimes of: (1) murder; (2) voluntary manslaughter; (3) involuntary manslaughter; and (4) feticide; may be committed against a fetus in any stage of development. The bill specifies that the offenses do not apply to a: (1) lawfully performed abortion; or (2) pregnant woman with respect to a fetus carried by the woman. The bill also provides, with certain exceptions, that a person who commits a felony that causes the termination of a pregnancy may receive an additional sentence of six to 20 years.
The bill was amended by consent to make a technical correction. The Indiana Prosecuting Attorneys Council testified in support of the bill. The amended bill passed 10-0.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/203
Office of Judicial Administration
The House Judiciary Committee heard SB 238 sponsored by Rep. Steuerwald on the Office of Judicial Administration. The bill changes all references to the Supreme Court Administration, Division of State Court Administration and the Indiana Judicial Center to the Office of Judicial Administration. The bill also changes all references to the executive director of the Division of State Court Administration and the Indiana Judicial Center to chief administrative officer of the Office of Judicial Administration and makes various other changes:
- Authorizes courts to hold evening court sessions instead of requiring evening court sessions,
- Expands the judicial authority of magistrates,
- Authorizes specialized driving privileges petitions to be filed in the court that issued the suspension, including city and town courts,
- Authorizes the extension of the temporary guardianship period, and
- Increases the judicial conference membership by adding Marion County Small Claims Court judges,
- Repeals the law requiring the Indiana Judicial Center to maintain a roster of in-state facilities to provide child services in a residential setting, makes conforming changes.
Three amendments were discussed and adopted by consent:
- Amendment No. 3 increases the senior judge per diem during the first 30 days of service in a calendar year;
- Amendment No. 4 replaces the State Court Administration’s authority to administer the public defense fund with the Indiana Public Defender Commission, and
- Amendment No. 5 clarifies that the clerk of the county that maintains jurisdiction over the case may collect the service of process fee.
Judge Mary Willis, Chief Administrative Officer, Office of Judicial Administration testified in support of the bill. Derrick Mason, Staff Attorney, Indiana Public Defender Commission testified in support of Amendment No. 4. The amended bill passed 13-0.
The bill was reassigned to House Ways and Means and passed 20-0.
Read the bill at iga.in.gov/legislative/2018/bills/senate/238
Creditors’ rights
The House Judiciary Committee heard SB 247 sponsored by Rep. Steuerwald on creditors’ rights. The bill makes changes to probate and trust law relating to creditors’ claims, claims against non-probate transferees and generally authorizes no contest provisions in wills and trusts.
Testimony was heard in support of the bill from members of the Indiana State Bar Association. The Office of the Attorney General testified to the need for further discussion on the bill language. The bill was held for further discussion.
Read the bill at iga.in.gov/legislative/2018/bills/senate/247
Notarial acts
The House Judiciary Committee heard SB 372 sponsored by Reps. Carbaugh and Steuerwald on notarial acts. The bill makes technical changes on the regulation of trademarks and notarial acts. The bill also specifies requirements for notarial acts, include use of electronic documentation and technology for electronic notarial acts, and requires the secretary of state to adopt rules related to electronic notarial acts and remote notarial acts. Specifies requirements for remote notarial acts, including: (1) registration of a remote notary public; (2) certification of and record keeping related to remote notarial acts; (3) use of audio visual communication and recording; (4) verification of credentials; and (5) maintenance of records.
Indiana Secretary of State’s office, Indiana Credit Union League, Indiana Bankers Association, Indiana Mortgage Bankers Association, the Indiana State Bar Association, and Notarize testified in support of the bill. The bill passed 10-0.
Read the bill at iga.in.gov/legislative/2018/bills/senate/372
Children in need of services
The House Committee on Family, Children, and Human Affairs heard SB 381 sponsored by Rep. McNamara about children in need of services. The bill provides that a child who is: (1) a victim of certain offenses; and (2) unlikely to receive necessary care, treatment, or rehabilitation without the intervention of the court; is a child in need of services. It also provides that a child who: (1) lives in the same household as an adult who committed an offense against another child who lives in the household that resulted in a conviction or judgment; or (2) lives in the same household as an adult who has been charged with an offense against another child who lives in the household and is awaiting trial; and is unlikely to receive necessary care, treatment, or rehabilitation without the intervention of the court is a child in need of services. The author, Sen. Messmer, explained that in cases of sexual abuse against one child, all children in a household are considered CHINS, however the same is not true for cases of physical abuse. The bill adds a number of additional offenses to the list of situations where all children in the household are designated CHINS.
The bill passed, 13-0.
Read the bill at iga.in.gov/legislative/2018/bills/senate/381
Operating while intoxicated
The House Courts and Criminal Code Committee heard SB 404 on operating while intoxicated, sponsored by Rep. Washburne. The bill removes the minimum age requirement for a person to be convicted of operating a vehicle while intoxicated causing death and specifies that the defense to certain operating while intoxicated offenses involving the use of a controlled substance only applies if the defendant consumed the controlled substance in accordance with a valid prescription.
The Indiana Prosecuting Attorneys Council testified in support of the bill. The bill passed 8-0.
Read the bill at: iga.in.gov/legislative/2018/bills/senate/404
Department of Child Services
The House Committee on Family, Children, and Human Affairs heard SB 428 sponsored by Rep. DeVon about the Department of Child Services. The bill requires DCS to describe in a child’s case plan any efforts made to coordinate with school officials in developing the case plan And requires DCS to provide information to the court to be made part of the court record if DCS receives information that indicates that a parent, guardian, or custodian may have violated a dispositional order. The author, Sen. Zay, explained a case in his district that gave rise to the first part of the bill, where a school was extremely concerned about a child’s wellbeing and DCS refused to share any information or coordinate services with the school. The second part of the bill is intended to ensure that when a parent whose child is a CHINS fails a drug test ordered by probation or corrections, that information also goes into the CHINS record so that judges have all relevant information in the CHINS case.
An amendment was made to clarify language regarding the DCS-school coordination. DCS testified on the DCS policy that a child cannot be adjudicated CHINS based on a single positive drug test, and this is also established in case law. The decision on case disposition is up to the judge, who hears recommendations from DCS, CASA, parents and foster parents, and makes the ultimate determination. Sen. Zay explained that the intent of the drug test portion of the bill is to ensure that the judge has all the relevant information. The amended bill passed, 13-0.
Read the bill at iga.in.gov/legislative/2018/bills/senate/428
Broadening criminal justice treatment options
The Senate Appropriations Committee heard HB 1006 sponsored by Sens. Young, Bray and Houchin on broadening criminal justice treatment options. The bill was passed as amended by the Judiciary Committee and referred to the Appropriations Committee. It makes various changes to the criminal justice institute’s annual report and other changes expanding criminal justice treatment options.
The bill passed 10-0.
Read the bill at: iga.in.gov/legislative/2018/bills/house/1006
Landowner immunity for trail access
The Senate Civil Law Committee heard HB 1115 sponsored by Sen. Freeman and Sen. Ruckelshaus on landowner immunity for trail access. This bill specifies that with respect to the statute that restricts a landowner’s liability for an injury to a person or property caused by an act or failure to act of another person using the landowner’s premises for certain recreational purposes, those purposes include another person going on or through the premises for accessing a trail, a greenway, a park, or another similar area used for recreational purposes. The bill also makes a technical change to include in the statute that lists Indiana Code provisions that: (1) are outside the Indiana Code title concerning civil law and procedure; and (2) confer immunity; the statute that provides immunity to owners of land used by persons for hunting, fishing, or trapping.
Representatives from Indiana Farm Bureau and Hoosier Environmental Council testified in favor of the bill. The bill passed 8-0.
Read the bill at: iga.in.gov/legislative/2018/bills/house/1115
Delinquent self-storage facility rents
The Senate Civil Law Committee heard HB 1194 sponsored by Sen. Koch and Sen. Young on delinquent self-storage facility rents. This bill amends the statute concerning self-storage facilities to allow a facility owner to impose and collect from a renter a late fee that does not exceed the greater of $20 or 20 percent of the monthly rent for each month the renter is in default under the rental agreement. It also authorizes an owner to recover from a renter all reasonable costs and expenses of rent collection and lien enforcement; incurred by the owner as a result of the renter’s default. Additionally, the bill specifies that an owner’s lien under the statute includes a lien on the renter’s personal property for the authorized late fees and rent collection or lien enforcement costs or expenses.
An owner/operator of storage facilities testified in favor of the bill. The bill passed 7-0.
Read the bill at: iga.in.gov/legislative/2018/bills/house/1194