Punitive damages
For amend and vote only, the Senate Judiciary Committee heard Sen. Becker’s SB 27 providing that limitations on punitive damages do not apply to civil actions in which the plaintiff was injured as a result of conduct described in certain criminal sexual misconduct statutes. The bill was amended by consent to clarify the crimes included and that it does not apply against an employer whose liability is based solely on respondeat superior.
The amended bill passed 8-0. Click here to read the bill.
Fertility fraud
The Senate Judiciary Committee heard Sen. Sandlin’s SB 174 on fertility fraud. This introduced bill provides that a physician who treats a patient of that physician for infertility by using the physician’s own spermatozoon or ovum, without the patient’s consent or by using donated human reproductive material without the consent of the donor commits fertility fraud, a Level 6 felony. It also provides that a prosecution for criminal fertility fraud that would otherwise be barred by the statute of limitations may be brought not later than five years after the earliest of the date on which the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis, the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense, or a person confesses to the offense. The bill was amended with a vote of 7-3 to remove the criminal portion.
The amended bill passed 10-0. Click here to read more.
License reinstatement fee reduction
The Senate Committee on Corrections and Criminal Law heard Sen. Taylor’s SB 210 on the license reinstatement fee reduction reducing the driver’s license reinstatement fee to: (1) $25 for a first suspension; (2) $50 for a second suspension; and (3) $100 for a third suspension. The bill was amended by consent to clarify the past and future reinstatement fee reduction, restricted driving privileges, and reinstatement of driving privileges. Click here to read more.
Indiana Criminal Justice Institute
The Senate Committee on Corrections and Criminal Law heard Sen. Freeman’s SB 238 on the Indiana Criminal Justice Institute expanding grant funding beyond the county and state governments, removing duplicate and nonexistent funding, and abolishing certain programs within the institute. Representatives of the Indiana Criminal Justice Institute and Indiana Coalition to End Sexual Assault testified in support of the bill. The bill was amended by consent to delete two sentences referencing an obsolete provision.
The amended bill passed 8-0. Click here to read the bill.
Opioid treatment pilot program
The Senate Committee on Corrections and Criminal Law heard Sen. Raatz’s SB 276 on the opioid treatment pilot program extending the program until 2022. The bill removes Marion County from the pilot program.
Representatives of Mental Health America of Indiana testified in support of the bill. The bill was amended by consent to put Marion County back in the pilot program. The amended bill passed 7-0. Click here to read the bill.
Sentencing after probation revocation
The Senate Committee on Corrections and Criminal Law heard Sen. Head’s SB 319 on sentencing after probation revocation removing the statutory provision requiring the commission of a new criminal offense from the probation revocation statute concerning Level 6 offenses. The bill was amended by consent to clarify that a person must be charged with a new offense to be eligible for commitment to the Indiana Department of Correction.
Representatives from the Attorney General’s Office and Department of Correction testified in support of the bill. Representatives from the Indiana Public Defender Council testified against the bill.
The amended bill was passed 7-0. Click here to read the bill.
Public defenders
The Senate Committee on Corrections and Criminal Law heard Sen. Young’s SB 488 on public defenders authorizing the Indiana Public Defender Commission to create a system for and guidelines governing multi-county public defender offices. The bill also specifies term limits, member appointments, and meeting requirements for the joint board of a multi-county public defender’s office.
Representatives of the Indiana Public Defender Council and Public Defender Commission testified in support of this bill.
The bill passed 7-0. Click here to read the bill.
Tippecanoe County superior court
The Senate Judiciary Committee heard Sen. Buchanan’s SB 568 adding a Tippecanoe County superior court. Tippecanoe Superior Court Judge Randy Williams testified in favor of the bill.
The bill passed 10-0 and was recommitted to Appropriations. Click here to read the bill.
Jurisdiction of the tax court over fees
The Senate Committee on Tax and Fiscal Policy heard SB 582 authored by Sen. Charbonneau on removing the jurisdiction of the Tax Court over municipal fees. The bill was introduced in response to a Tax Court ruling on December 5, 2018, that a storm sewer fee imposed by the town of McCordsville was a tax.
Representatives from the Indiana Association of Cities & Towns and Farm Bureau testified in favor of the bill. No one testified against. The bill was amended by voice vote to make the effective date retroactive to November 2018.
The amended bill passed 11-0. Click here to read the bill.
Community corrections and credit time
For amend and vote only, the Committee heard HB 1080 on community corrections and credit time authored by Rep. Steuerwald and Rep. McNamara. The bill provides that a person who is placed in a community corrections program may be deprived of earned good time credit due to a violation of a term of the person’s community corrections sentence as provided under protocols adopted by the Department of Correction and approved by the Commissioner of Correction.
The bill was amended to require the Department of Correction to adopt rules concerning the deprivation of earned good time credit for a person placed in community corrections and also making the bill effective upon passage.
The amended bill passed 13–0. Click here to read the bill.
Crimes involving synthetic drugs
The House Courts and Criminal Code Committee heard HB 1186 on synthetic drug crimes authored by Rep. Negele. The bill makes possessing or dealing in a substance that is a controlled substance analog an offense of the same level as possession of or dealing in the controlled substance of which the substance is an analog, defines “substance represented to be a controlled substance” and establishes certain factors the trier of fact may consider to determine if a substance meets the definition. The bill also repeals crimes concerning synthetic drug lookalike substances and provides that convictions for synthetic drug offenses will, in certain cases, no longer be treated the same as marijuana offenses.
Testimony was presented in support of the bill by a Prosecuting Attorney representative and the Office of the Attorney General. Opposing testimony was presented by the Office of the Public Defender.
The bill was passed on a vote of 11-2. Click here to read the bill.
Prohibited name changes
The House Courts and Criminal Code Committee heard HB 1208 on prohibited name changes authored by Reps. Clere, McNamara, Hatcher and Engleman. The bill provides that a person convicted of certain crimes may not petition for a name change.
The bill passed 12–0. Click here to read the bill.
Marion County magistrates
The House Courts and Criminal Code Committee heard HB 1332 on Marion County magistrates authored by Rep. Speedy. The bill allows the Marion County superior courts to appoint 24 full-time magistrates after December 31, 2019, not more than 12 of whom may be from the same political party.
The bill passed on a vote of 12–0. Click here to read the bill.