The following are legislative updates as of Jan. 31 provided by the Indiana Courts website.
Fraud consolidation
The Senate Judiciary Committee heard SB 43 authored by Sen. Young regarding fraud consolidation. The bill repeals and consolidates various fraud, deception, and mischief offenses. The bill specifically defines “financial institution” for purposes of crimes involving financial institutions, defines “item of sentimental value” and enhances the penalties for mischief, theft, and fraud if the offense involves an item of sentimental value. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)
The bill passed 5-1. Click here to read the bill.
Adult guardianship services
The Senate Judiciary Committee heard SB 139 on adult guardianship services. The bill is authored by Sen. Lanane and instructs the Office of Judicial Administration to establish and administer an office of adult guardianship services. The bill also combines the volunteer advocates for seniors program and the volunteer advocates for incapacitated adults programs into one program. In addition, the bill requires that, in submitting a progress report to the court, a volunteer advocate for seniors and incapacitated adults shall include a person-centered care plan in the progress report.
The bill passed 10-0. Click here to read the bill.
Sexual assault victims’ rights
The Senate Judiciary Committee heard SB 146 authored by Sens. Doriot, Ruckelshaus and Merritt regarding sexual assault victims’ rights. The bill provides rights to sexual assault victims, including the right to: (1) have a sexual assault counselor present before or during a forensic medical exam or an interview with a law enforcement officer or a defense attorney; (2) the collection of sexual assault forensic evidence; (3) the analysis of the sexual assault forensic evidence; and (4) notice.
The bill passed 6-1. Click here to read the bill.
Recovery of litigation expenses
The Senate Appropriations Committee heard SB 199 on the recovery of litigation expenses. The bill is authored by Senators Koch, Buck and Freeman and provides that attorney’s fees may be awarded against a governmental entity in a case where a court finds that the claim brought by the governmental entity was frivolous, unreasonable, or groundless, but provides that the application of the law to governmental entities may not be interpreted to waive sovereign immunity.
The bill passed 12-0. Click here to read the bill.
Search of cellular telephone data
The Senate Judiciary Committee heard SB 209 on search of cellular telephone data. The bill is authored by Sen. Crider and provides that a search warrant authorizing a search of the data stored on a cellular telephone or similar device must be returned to the court not later than 10 days from the date the search of the device’s storage begins.
The bill passed 8-0. Click here to read the bill.
Disclosure of personal information to offender
The Senate Judiciary Committee heard SB 216 on disclosure of personal information to offender. The bill is authored by Sens. Sandlin Koch and amends the access to public records act to provide that personal information regarding a correctional officer, law enforcement officer, judge, crime victim, or their family members may be withheld from disclosure when requested by a person confined in a prison, county jail, detention facility, or in a community corrections program as a result of the person’s arrest or conviction for a crime. Currently the law permits withholding personal information of officers, judges, victims, or their family members, if the information is requested by a person incarcerated in a penal institution after conviction for a crime.
The bill passed 10-0. Click here to read the bill.
Marijuana quantities
The Senate Corrections and Criminal Law Committee heard SB 236 on marijuana quantities authored by Sen. Young. The bill specifies, for purposes of operating while intoxicated, a minimum amount of delta-9-tetrahydrocannabinol (THC) and the manner in which a chemical test for THC must be conducted. The bill also requires the state department of toxicology to adopt rules. Under Indiana law, it is a Level 6 felony for a person to cause an accident resulting in injury with marijuana in the body.
The bill passed 5-2. Click here to read the bill.
Parents with a disability
The Senate Family and Children Committee heard SB 312 on Monday, Jan. 27 about parents with a disability authored by Sen. Niezgodski. This bill provides the right of a person with a disability to parent the person’s child may not be denied or restricted solely because the person has a disability. The bill establishes procedures to be used in custody, parenting time, adoption, foster care, and guardianship proceedings when a parent, prospective parent, prospective foster parent, or prospective guardian is a person with a disability. The bill also requires DCS to implement disability awareness training and provides for expungement of information relating to the unlawful removal of a child from the home of a person with a disability.
The bill passed 8-0. Click here to read the bill.
Interstate compact transportation fund
The Senate Tax and Fiscal Policy Committee heard SB 317 on interstate compact transportation fund. The bill is authored by Sen. Sandlin and allows a community corrections agency to access funds from the county offender transportation fund to defray the cost of transporting offenders and delinquent children as requested by a court, a probation department, a community corrections agency, or a county sheriff.
The bill passed 9-0. Click here to read the bill.
Criminal law issues
On Jan. 21, the Senate Judiciary Committee heard SB 335 authored by Sen. Young and Sen. Brown regarding criminal law issues. The bill provides that, if certain criminal penalties are increased (or, in the case of an infraction, imposed) due to a prior conviction or infraction committed by a defendant, the new offense must have been committed not later than seven years from the latter of the date: (1) of the conviction or infraction judgment; or (2) the person was released from incarceration, probation, or parole; excludes certain crimes and classes of crimes from the seven-year lookback period; specifies the duties of an operator of a boat who is involved in an accident or collision resulting in injury; provides that an indigent defendant has the right to consult with and be represented by counsel at the initial hearing; adds strangulation and domestic battery to the definition of “crimes of violence”; removes: (1) unlawful possession of a firearm by a serious violent felon; and (2) resisting law enforcement by fleeing; from the definition of “crimes of violence”; specifies that references to a conviction for Indiana offenses include: (1) an attempt to commit the offense; (2) a conspiracy to commit the offense; and (3) a substantially similar offense committed in another jurisdiction; provides that credit earned by a person on pretrial home detention does not include accrued time; specifies that the violation of a condition of home detention does not constitute the crime of escape; makes it a crime to possess a firearm with an obliterated serial number (under current law, it is only a crime to possess a handgun with an obliterated serial number); provides a defense to possession of “smokable hemp” if the hemp is carried in continuous transit from another state through Indiana to another state.
The bill passed 4-2. Click here to read the bill.
Child services oversight
The Senate Family and Children Services Committee heard SB 345 on creating a committee to for child services oversight for the Department of Child Services (DCS). Author Sen. Houchin introduced this legislation and noted the numbers of children who died recently, the amount of money allocated to DCS, the number of employees, and the number of calls to the hotline as part of the reasoning why the legislature needs to exercise oversight. The bill requires the committee to (1) review case decisions of the DCS and the juvenile courts in certain cases with negative outcomes, (2) make recommendations to the DCS and the Legislative Council, (3) study topics assigned by the Legislative Council, and (4) study any other issues relevant to the activities of the DCS and improving child safety. The bill also provides records reviewed by the committee are confidential and may not be disclosed, requires a local office or the DCS to redact any identifying information from any record provided to the committee, and specifies the membership and policies governing the committee. The bill is effective upon passage.
The bill passed 9-0. Click here to read the bill.
Immunity for child and family services providers
The Senate Judiciary Committee heard SB 363 on immunity for child and family services providers. The bill is authored by Sen. Donato and Sen. Houchin and provides, with some exceptions, civil immunity to nongovernmental entities that contract with the department of child services and employees of nongovernmental entities that contract with the department of child services who act within the scope of the employee’s employment for a loss resulting from injury to a person or property of a person under supervision of the nongovernmental entity and who is receiving services through the department of child services.
The bill passed 10-0. Click here to read the bill.
Concurrent criminal jurisdiction for the attorney general
The Senate Corrections and Criminal Law Committee heard SB 436 on concurrent criminal jurisdiction for the attorney general authored by Sen. Young. The bill grants the attorney general concurrent jurisdiction to prosecute certain crimes if the prosecuting attorney refuses as a matter of policy to prosecute those crimes, establishes a procedure for the attorney general to assume jurisdiction, and requires the county to reimburse the attorney general for expenses incurred in prosecuting crimes in the county, and provides that the state is not required to reimburse a prosecuting attorney for expenses incurred in an action brought by the attorney general to prosecute certain cases. An amendment was adopted stating that the credentials of the appointed special prosecutor must meet the requirements of current law.
The bill passed 6-3. Click here to read the bill.
Juveniles
The Senate Corrections and Criminal Law committee heard SB 449 on juveniles. The bill is authored by Sen. Houchin and does the following:
- For certain serious offenses committed by a juvenile: (1) reduces the minimum age for committing the child to the department of correction from 13 to 12; (2) adds an attempt to commit certain serious offenses to the list of serious offenses; and (3) permits the court to commit a juvenile to the department of correction for up to six years. (Under current law, the juvenile may only be committed until the child reaches 18 years of age.)
- Removes the two-year cap on certain placements that applies to certain recidivist juveniles
- Allows the waiver of a juvenile charged with attempted murder to adult court if the juvenile is at least 12 years of age (Under current law, waiver is only permitted for a juvenile of that age for murder.)
- Specifies that the juvenile court lacks jurisdiction over certain juveniles charged with an attempt to commit certain crimes
- Repeals an obsolete provision and makes conforming amendments
The bill passed 4-2. Click here to read the bill.
Crime Stoppers court fee
The Senate Corrections and Criminal Law Committee heard SB 451 on crime stoppers court fee authored by Sen. Busch. The bill does the following:
- Establishes a $20 crime stoppers fee to be collected in every criminal action that results in a conviction
- Establishes the crime stoppers fund administered by the Indiana criminal justice institute (institute), which consists of: (1) a separate account for each county; and (2) a general account
- Provides that the fee is to be deposited in the appropriate county account within the fund, and that 50 percent of the unused money in each county account at the end of the fiscal year shall be transferred to the general account
- Defines “crime stoppers organization” and permits a Crime stoppers court fee.
- Allows multiple counties to submit a joint application, and requires the institute to adopt rules concerning criteria for the award of a grant and the procedure to apply for a grant
The bill passed 6-1. Click here to read the bill.
Land contracts and landlord-tenant matters
The House Judiciary Committee heard HB 1191 on land contracts and landlord-tenant matters authored by Rep. Clere. This bill defines “principal dwelling land contract” as a land contract for the sale of real property designed for the occupancy of one to two families and that is or will be occupied by the buyer as the buyer’s principal dwelling. It provides that the seller under a contract must provide the buyer with certain disclosures at least 10 days before the contract is executed and sets forth disclosures that must be included in a contract and that a violation of disclosure provisions constitutes a deceptive act under the deceptive consumer sales act.
This bill provided a three-day cancellation period for both the buyer and seller, but was amended so that only the buyer is given a cancellation period.
The bill requires notice to a tenant regarding lease termination to include a statement about failure to pay fees, provides that notice is not required to terminate a formal or informal lease in certain situations, and requires a landlord to give a tenant at least 60 days written notice before modifying the rental agreement or increasing the rent. The bill was amended to remove these landlord tenant provisions.
Representatives of Indiana Legal Services, Fair Housing of Indiana, TRI-CAP, and Prosperity Indiana testified in favor of the bill.
The amended bill passed 12-0. Click here to read the bill.
Grandparent visitation
The House Judiciary Committee heard HB 1278 on grandparent visitation by Rep. Bauer. This bill amends statutes regarding standing to seek grandparent visitation and survival of judicially granted grandparent visitation rights; to specify that standing to seek visitation survives adoption of the grandchild.
It also provides that a paternal grandparent of a child does not have standing to seek grandparent visitation if the child’s father has not established paternity in relation to the child. Under current law, such a grandparent has standing to seek grandparent visitation, but may not be awarded grandparent visitation.
The bill removes a requirement that a petition to seek grandparent visitation must be filed before the adoption of the child and provides conditions under which standing to seek grandparent visitation survives establishment of the paternity of the child and the adoption of the child by certain family members.
Finally, the bill provides that grandparent visitation awarded before adoption of the child by certain family members does not survive the adoption if neither of the child’s parents has parental rights at the time of the adoption.
The bill passed 9-1. Click here to read the bill.
Hemp
The House Judiciary Committee heard HB 1293 on hemp authored by Rep. Lehe This bill provides that the law that prohibits the manufacture, delivery, possession, or financing of the manufacture or delivery of smokable hemp does not apply to smokable hemp that is engaged in interstate commerce, if the smokable hemp is not intended to be sold at retail or distributed to or possessed by a consumer in Indiana.
The bill passed 12-0. Click here to read the bill.
Minimum age to marry
The House Judiciary Committee heard HB 1418 on the minimum age to marry by Rep. Engleman. This bill:
- Amends the definition of “adult” for purposes of the Indiana Code to include a married minor who is at least 16 years of age and a minor who has been completely emancipated by a court; subject to specific constitutional and statutory age requirements and health and safety regulations that remain applicable to the person because of the person’s age.
- Raises the minimum age to marry from 15 years of age to 17 years of age.
- Provides that an individual 17 years of age may marry only if: (1) the individual’s intended spouse is not more than four years older than the individual; (2) a juvenile court has issued an order allowing the individual to marry; and (3) the individual: (A) completes any premarital counseling required under the order; (B) applies for a marriage license not earlier than 15 days after the order is issued; and (C) includes a certified copy of the order with the individual’s application for a marriage license.
- Repeals provisions requiring an individual less than 18 years of age to obtain consent to marry from the individual’s parent or guardian.
- Specifies a process an individual 17 years of age must follow to petition a juvenile court for an order allowing the individual to marry, and specifies conditions necessary for approval of the petition and conditions requiring denial of the petition.
- Provides that a court that issues an order allowing an individual 17 years of age to marry must also issue an order completely emancipating the individual.
- Amends the list of records or documents an individual may submit to a court clerk as proof of the individual’s date of birth for purposes of applying for a marriage license.
- Amends the law regarding petitions by minors for emancipation as follows: (1) Provides that a court hearing a minor’s petition for emancipation must appoint a guardian ad litem for the minor. (2) Provides that the guardian ad litem shall investigate the statements contained in the minor’s petition and file a report of the investigation with the court. (3) Provides that a court may grant a minor’s petition for emancipation only if the court finds that emancipation is in the child’s best interests. (4) Provides that if the court completely emancipates the child: (A) the child has all the rights and responsibilities of an adult; and (B) the emancipation order may not specify terms of emancipation.
- Provides that an emancipated child remains subject to Indiana law concerning minimum age for marriage and other specific constitutional and statutory age requirements applicable to the emancipated child because of the emancipated child’s age.
The bill passed 9-1. Click here to read the bill.
Liens
For amend and vote, the House Judiciary Committee heard HB 1021 on liens by Rep. Torr. This bill permits a person to discharge a mechanic’s lien by filing an indemnification or payment bond with the recorder’s office in an amount equal to at least 150 percent of the lien.
It requires the surety responsible for issuing an indemnification or payment bond to be authorized to do business in Indiana and be rated at least “A-” by at least one nationally recognized investment rating service.
The bill also specifies certain requirements concerning the recording of an indemnification or payment bond, provides that the filing of a bond discharges the liability of a person served by a lien claimant not less than 30 days after the filing of a bond, that a contractor or subcontractor may adjudicate the adequacy of a bond in certain instances, and that the liability of a person served by a lien claimant may not be discharged while the adequacy of a bond is being adjudicated. This bill repeals the current statute concerning the filing of a written undertaking to discharge a lien.
The bill passed 10-0. Click here to read the bill.
Click here to read more legislative updates on the Indiana Courts website.