| HB1004 | DEPARTMENT OF CORRECTION. (FRYE R) Amends and updates certain terms involving direct placement in a community corrections program. Updates the definition of "community corrections program". Specifies that a court may suspend any portion of a sentence and order a person to be placed in a community corrections program for the part of the sentence which must be executed. Provides that a person placed on a level of supervision as part of a community corrections program: (1) is entitled to earned good time credit; (2) may not earn educational credit; and (3) may be deprived of earned good time credit. Provides that when a person completes a placement program, the court may place the person on probation. Provides that a court may commit a person convicted of a Level 6 felony for an offense committed after June 30, 2022, to the department of correction (department), and that, consistent with current law, a court may commit a person convicted of a Level 6 felony for an offense committed before July 1, 2022, to the department only if certain circumstances exist. Establishes certain conditions of parole for a person on lifetime parole and makes the violation of parole conditions and commission of specified other acts by a person on lifetime parole a Level 6 felony, with an enhancement to a Level 5 felony for a second or subsequent offense. Provides that, for purposes of calculating accrued time and good time credit, a calendar day includes a partial calendar day. Makes conforming changes. |
| | Current Status: | 3/8/2022 - Public Law 45
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| | State Bill Page: | HB1004 |
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| HB1116 | ELECTRONIC VOTING MACHINES. (WESCO T) Changes the date by which a county must provide a voter verifiable paper audit trail for electronic voting systems from December 31, 2029, to July 1, 2024. Provides that, after July 1, 2022, a county must meet certain requirements when using any direct record electronic voting system that does not include a voter verifiable paper audit trail for an election. Provides that the security agreement that counties are required to enter into with the secretary of state must be funded by money received from the federal government or from money appropriated by the general assembly. Specifies requirements of a statement that must be printed on the envelope of an absentee ballot application. Provides that before an individual can access an absentee ballot application that is submitted in an electronic format using a module of the computerized list, the individual must provide either the individual's Indiana driver's license number or the last four digits of the individual's Social Security number. Requires that voting before an absentee voter board at the circuit court clerk's office or at a satellite office be referred to as "early voting" on all forms prescribed by the election division and in all communications with voters. Requires an electronic poll book to have the capacity to transmit certain information that a voter cast a provisional ballot. Requires certain information to be included in the computerized list concerning a voter's casting of a provisional ballot. Repeals language that requires the circuit court clerk to provide notice containing certain information to each voter who casts a provisional ballot. Changes the term "risk-limiting audit" to "post-election audit". Removes the word "pilot" from the chapter concerning post-election audits. Provides that the secretary of state shall determine the number of elections that are subject to a post-election audit. |
| | Current Status: | 3/14/2022 - Public Law 115
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| | State Bill Page: | HB1116 |
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| HB1214 | RESIDENTIAL EVICTION ACTIONS. (MANNING E) Requires the plaintiff in a residential eviction action to file a motion to dismiss the action if the case is resolved between the parties at any time before final adjudication, unless the plaintiff is seeking damages. Provides that if, at any time after an eviction action is filed, no action has been taken by the plaintiff to further prosecute the case for a period of at least 180 days, the court shall send to the parties written notice: (1) stating the date of the most recent action taken by the plaintiff in the case; and (2) directing the plaintiff to take action to either: (A) further prosecute the case; or (B) dismiss the case; not later than 10 business days after the date of the notice. Provides that if the plaintiff fails to take any action within the prescribed time: (1) the defendant may petition the court to dismiss the case; or (2) the court on its own motion may dismiss the case. Provides that a residential eviction diversion program may not be offered or operated on a statewide or local basis unless participation in the program is voluntary for all parties. Requires: (1) the Indiana housing and community development authority; and (2) any political subdivision that distributes rental assistance funds made available by the federal government in response to the COVID-19 pandemic; to create a designated landlord application process, in addition to the tenant application process, not later than August 31, 2022. Requires, upon motion of the tenant, the court in which an eviction action is filed to order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, subject to certain exceptions, if any of the following occur: (1) The action is dismissed. (2) A judgment in favor of the tenant is entered. (3) A judgment against the tenant is later overturned or vacated on appeal. Provides that if: (1) an eviction action, regardless of when it was filed, results in one of the specified outcomes allowing for the nondisclosure of records in the action; and (2) the court does not issue an order prohibiting the disclosure of any records in the action; the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action in accordance with the bill's provisions. Provides that upon the filing of such a petition, the court may: (1) issue an order prohibiting the disclosure of any records in the action; or (2) set the matter for a hearing. Provides that the petitioner bears the burden of proof in any hearing set by the court. Requires the clerk of court or other court administrator to: (1) track all eviction actions with respect to which a nondisclosure order is issued by the court; and (2) furnish the data compiled in the statutorily required statistical data provided to the office of judicial administration (office), as prescribed by the office. Requires the office to include the data provided by the courts in the Indiana Judicial Report. |
| | Current Status: | 3/18/2022 - Public Law 164
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| | State Bill Page: | HB1214 |
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| HB1285 | REDISTRICTING LOCAL ELECTION DISTRICTS. (TESHKA J) Provides that redistricting election districts for local and school board offices must occur at certain times. Removes a provision that limited the number of school board members that may reside in the same school board district for the Indianapolis public school board. Changes the entity that establishes the Indianapolis public school districts within the school city from the Indiana state board of education to the board of school commissioners. Removes the discretionary ability of political subdivisions to redistrict election districts at times other than those required by statute. Allows for additional time for redistricting after the 2020 decennial census. Consolidates certain local redistricting statutes in the same location. Changes population parameters to reflect the population count determined under the 2020 decennial census. Repeals obsolete statutes and makes other conforming changes. |
| | Current Status: | 3/18/2022 - Public Law 169
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| | State Bill Page: | HB1285 |
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| HB1300 | BAIL. (MAYFIELD P) Defines "charitable bail organization" and allows a charitable organization to pay bail on behalf of specified defendants if the organization meets certain criteria and is certified by the commissioner of the department of insurance (commissioner). Specifies the circumstances under which a certification may be revoked, and exempts from the certification requirement a person that pays bail for: (1) not more than three individuals in any 180 day period; or (2) a relative. Requires the commissioner to adopt rules, including emergency rules, for the certification of charitable bail organizations. Prohibits the state and a political subdivision from: (1) posting bail for any person; or (2) for the purpose of posting bail for any person, providing a grant or other funding, directly or indirectly, to an entity that posts bail for any person. Requires a person paying cash bail, including a charitable bail organization, to execute an agreement allowing the court to retain all or part of the bail to pay certain court costs. Requires that bail be returned to the person who posted it. Provides that a case management system developed and operated by the office of judicial administration must include a searchable field for certain information of the bail agent or a person authorized by the surety that pays bail for an individual. |
| | Current Status: | 3/15/2022 - Public Law 147
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| | State Bill Page: | HB1300 |
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| HB1351 | DISCLOSURE OR NOTIFICATION OF DATA BREACH. (CARBAUGH M) Adds a requirement that disclosure or notice must occur not more than 45 days after the discovery of a breach. |
| | Current Status: | 3/18/2022 - Public Law 171
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| | State Bill Page: | HB1351 |
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| HB1359 | JUVENILE LAW MATTERS. (MCNAMARA W) Requires the commission on improving the status of children in Indiana (commission) to create a statewide juvenile justice oversight body (oversight body) to do the following: (1) Develop a plan to collect and report statewide juvenile justice data. (2) Establish procedures and policies related to the use of certain screening tools and assessments. (3) Develop a statewide plan to address the provision of broader behavioral health services to children in the juvenile justice system. (4) Develop a plan for the provision of transitional services for a child who is a ward of the department of correction. (5) Develop a plan for the juvenile diversion and community alternatives grant programs. Provides that the oversight body shall, not later than July 1, 2023, submit to the commission and the legislative council: (1) the plan for the juvenile diversion and community alternatives grant programs; and (2) the juvenile justice data collection plan and the plan for the use of screening tools, assessments, and services. Requires the judicial conference of Indiana to develop statewide juvenile probation standards that are aligned with research based practices, and requires the board of directors of the judicial conference of Indiana to approve the standards by July 1, 2023. Requires the use of a risk and needs assessment tool, a risk screening tool, and a diagnostic assessment when evaluating a child at specific points in the juvenile justice system to identify the child's risk for reoffense. Requires an intake officer and the juvenile court to use the results of a detention tool to inform the use of secure detention and document the reason for the use of detention if the tool is overridden. Requires a court to: (1) after use of a detention tool, include in a court order the reason for a juvenile detention override; and (2) submit details of the juvenile detention override to the office of judicial administration (office). Requires the office to provide an annual report to the governor, chief justice, and legislative council before December 1 of each year that includes information about a court's use of a detention tool and reasons for overriding the results of the detention tool. Provides that a child less than 12 years of age cannot be detained unless detention is essential to protect the community and no reasonable alternatives exist to reduce the risk. Establishes a procedure for juvenile diversion. Requires the office to provide an annual report to the governor, chief justice, and legislative council before December 1 of each year that includes data on any child diverted through the juvenile diversion program. Repeals provisions requiring a child who participates in a program of informal adjustment to pay an informal adjustment program fee. Provides that a child who is a ward of the department of correction may receive at least three months of transitional services to support reintegration of the child back into the community and to reduce recidivism. Requires the department of correction to provide an annual report to the governor, chief justice, and legislative council before December 1 of each year that includes collected data that will help assess the impact of reintegration improvements for juveniles, including tracking recidivism beyond incarceration and into the adult system. Provides that a juvenile court may recommend telehealth services as an alternative to a child receiving a diagnostic assessment. Establishes: (1) the juvenile diversion and community alternatives grant programs and grant programs fund; and (2) the juvenile behavioral health competitive grant pilot program and grant pilot program fund; as of July 1, 2023. Requires the Indiana criminal justice institute (institute) to administer each program and fund. Requires the local or regional justice reinvestment advisory council or another local collaborative body to oversee certain juvenile community alternatives grants awarded to a county. Requires the institute to prepare an annual report to the governor, chief justice, and legislative council before December 1 of each year that details certain performance measures that counties receiving grants must collect and report. Requires the office of judicial administration to administer the statewide juvenile justice data aggregation plan. Makes conforming changes. Makes a technical correction. |
| | Current Status: | 3/11/2022 - Public Law 101
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| | State Bill Page: | HB1359 |
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| SB66 | SOLVENT SUPERVISED ESTATES. (YOUNG M) Sets forth procedures for the distribution of assets in a solvent supervised estate after a final distribution has been entered in certain circumstances. Allows a distributee to distribute assets described in the decree of final distribution by filing an affidavit with the court. Provides that undistributed real property may be distributed after the estate is closed by recording certain information with the county recorder of the county in which the real property is situated. Allows a personal representative to complete distribution and delivery of all undistributed estate assets to continue for a period of 90 days after a court enters an order of discharge under certain circumstances. |
| | Current Status: | 3/18/2022 - Public Law 150
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| | State Bill Page: | SB66 |
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| SB67 | SMALL ESTATES. (LANANE T) Increases the value of estates that may be distributed via affidavit from $50,000 to $100,000. Increases the threshold for summary procedures for unsupervised estates from $50,000 to $100,000. (The introduced version of this bill was prepared by the probate code study commission.) |
| | Current Status: | 3/18/2022 - Public Law 151
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| | State Bill Page: | SB67 |
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| SB149 | VARIOUS COURTS MATTERS. (KOCH E) Makes clarifying changes to the powers and duties of the Marion superior court executive committee. Provides that an appointed judicial officer shall be vested by the judges of the family division of the Marion superior court with suitable powers for the handling of all probate matters of the court. Removes and reallocates the powers and duties of a probate hearing judge, probate commissioner, juvenile referee, bail commissioner, and master commissioner from the Marion superior court. Provides that the Marion County judicial selection committee nomination procedure shall be followed when filling a vacancy that occurs in a court. Provides that a sheriff's service of process fee for each service performed outside Marion County applies to cases in the Marion County small claims court. Provides that the: (1) clerk of a circuit court; (2) clerk of a city or town court; or (3) judge of a city or town court that does not have a clerk; may retain as an administrative fee an amount of up to $3 from the excess amount collected by the clerk for general court costs. |
| | Current Status: | 3/14/2022 - Public Law 106
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| | State Bill Page: | SB149 |
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| SB182 | COURT PROCEDURES. (FREEMAN A) Specifies that an arrest, criminal charge, or juvenile delinquency allegation that results in an adjudication for an infraction does not result in a conviction for purposes of expungement. Authorizes a person participating in a pretrial diversion program to file a petition for expungement with the authorization of the prosecuting attorney. Requires a court to automatically issue an expungement order, subject to certain exceptions, if: (1) all pending charges or allegations against a person are dismissed; (2) the person is acquitted or the conviction or true finding is vacated; (3) one year has passed since allegations were filed against a juvenile and the state is not pursuing the case; or (4) the person is arrested for a crime and no charges have been filed within 180 days. Makes conforming amendments. |
| | Current Status: | 3/7/2022 - Public Law 14
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| | State Bill Page: | SB182 |
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| SB299 | ANNEXATION OF FIRE PROTECTION DISTRICT TERRITORY. (ROGERS L) Provides the following with regard to certain annexations that include property within a fire protection district (district) for which the annexation ordinance was adopted after December 31, 2020: (1) The annexation is effective at least 30 days after the annexation ordinance is adopted, published, and filed with state and county officials. (Under current law, with certain exceptions, an annexation of property within a district takes effect the second January 1 after the ordinance is adopted and filed with state and county officials.) (2) Exempts the municipality from provisions requiring the municipality to: (A) commence fire protection service to the annexed territory on the ordinance's effective date; and (B) notify the district within 10 days of commencing fire protection service to the annexed territory. Makes stylistic changes. |
| | Current Status: | 3/7/2022 - Public Law 23
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| | State Bill Page: | SB299 |
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| SB328 | ELECTIONS. (FORD J) Requires the director, assistant director, or co-director of a board of elections and registration (rather than a member of the board) to attend a meeting called by the election division. Allows a member of a county election board to attend a meeting called by the election division. Provides reimbursement for the individuals who attend the meeting (current law only provides reimbursement for those required to attend). Makes changes to the county election officials instructional meeting, including duration, compensation, and expenses. Provides that record retention under seal does not prevent counties from conducting audits after an election as authorized by statute. Provides that a voter with print disabilities who chooses to vote by electronic mail must have the voter's absentee ballot application submitted to the circuit court clerk not later than 11:59 p.m. 12 days before election day. Provides that except for casting a replacement ballot under election law, a voter who knowingly or intentionally votes more than one ballot in the same election commits a Level 6 felony. Makes a technical correction. |
| | Current Status: | 3/15/2022 - Public Law 131
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| | State Bill Page: | SB328 |
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