Legislative Updates

General Information

ijc — Fri, 03 Feb 2012 14:43:51 +0000

We have reached the mid-point of the legislative session. This installment of the legislative update is a series of topical charts detailing the status of bills of interest to the Judiciary that were heard on third reading. If a bill was amended at any stage in the legislative process, it is designated with an “-A” at the relevant stage.

If you are interested in reading the text of any bill introduced this session, you may find the bill information at: http://www.in.gov/apps/lsa/session/billwatch/billinfo.

Civil Law

ijc — Fri, 03 Feb 2012 14:40:21 +0000

Bill No.	Bill Title	Committee	2^nd Reading	3^rd Reading	Sponsor(s)
SB 54	State university use of eminent domain	1/12/12 Do Pass –A 1/19/12 Do Pass –A	1/24/12 Engrossed	1/26/12 Passed 34-13	Wolkins, Mahan
SB 156	Partition	1/19/12 Do Pass –A	1/23/12 Engrossed –A	1/24/12 Passed 50-0	Koch. Foley
SB 298	Mortgages and liens on real property	1/20/12 Do Pass –A	1/24/12 Engrossed –A	1/30/12 Passed 50-0	Speedy
SB 329	Eminent domain filing deadlines	1/23/12 Do Pass –A	1/26/12 Engrossed	1/31/12 Passed 50-0	Messmer, Battles
HB 1015	Cemetery access	1/23/12 Do Pass –A	1/26/12 Engrossed	1/27/12 Passed 90-2	Bray, R. Young
HB 1040	Immunity for fast responders	1/11/12 Do Pass	1/13/12 Engrossed	1/17/12 Passed 95-0	Miller
HB 1133	Rights of publicity	1/25/12 Do Pass –A	1/27/12 Engrossed	1/30/12 Passed 85-7	Kenley, Bray
HB 1238	Finding of abandonment for mortgaged property	1/23/12 Do Pass –A	1/27/12 Engrossed –A	1/30/12 Passed 94-0	Holdman

Criminal Law

ijc — Fri, 03 Feb 2012 14:38:24 +0000

Bill No.	Bill Title	Committee	2^nd Reading	3^rd Reading	Sponsor(s)
SB 1	Right to defend against unlawful entry	1/17/12 Do Pass –A	1/19/12 Engrossed	1/23/12 Passed 45-5	McMillin, Turner, Speedy
SB 4	Human trafficking	1/5/12 Do Pass –A	1/9/12 Engrossed	1/10/12 Passed 48-0	Steuerwald, Foley, L. Lawson, Welch
SB 4	Human trafficking	1/23/12 Do Pass	1/26/12 Engrossed	1/27/12 Passed 95-0	Enrolled Act
SB 6	Knives with automatic blades	1/10/12 Do Pass –A	1/17/12 Engrossed	1/19/12 Passed 48-1	Ubelhor, Eberhart
SR 6	Study committee on Indiana’s grand jury system	1/26/12 Do Pass	—	—-
SB 11	Animal fighting contests	1/10/12 Do Pass	1/17/12 Engrossed	1/19/12 Passed 38-10	Ubelhor
SB 26	Title 35 definitions	1/12/12 Do Pass –A	1/17/12 Engrossed –A	1/23/12 Passed 50-0	Foley, Pierce
SB 97	Public intoxication	1/24/12 Do Pass	1/26/12 Engrossed	1/30/12 Passed 30-20	Steuerwald
SB 114	Driving while suspended	1/19/12 Do Pass	1/23/12 Engrossed	1/24/12 Passed 50-0	Steuerwald
SB 154	Operating a motorboat while intoxicated	1/19/12 Do Pass	1/23/12 Engrossed	1/24/12 Passed 50-0	Koch, Ubelhor, Welch
SB 234	Synthetic drugs (including “bath salts”)	1/24/12 Do Pass –A	1/26/12 Engrossed –A	1/31/12 Passed 50-0	M. Smith
SB 243	Silencers when hunting	1/26/12 Do Pass	1/31/12 Engrossed –A	2/1/12 Passed 42-8	Davisson, Ubelhor, Goodin, Rhoads
SB 246	Lab technician testimony in criminal cases	1/26/12 Do Pass –A	1/30/12 Engrossed	1/31/12 Passed 48-0	Foley, Koch
SB 262	IC 4 and IC 5 revision	1/19/12 Do Pass	1/23/12 Engrossed 1/26/12 Engrossed –A	1/31/12 Passed 50-0	Steuerwald, L. Lawson
SB 274	Immunity for certain alcohol offenses	1/19/12 Do Pass –A	1/23/12 Engrossed	1/24/12 Passed 50-0	McMillin
HB 1011	Various corrections matters	1/27/12 Do Pass –A	1/30/12 Engrossed	1/31/12 Passed 94-0	Bray, Head, Taylor, Hume
HB 1033	Conversion of Class D felony to Class A misdemeanor	1/23/12 Do Pass –A	1/26/12 Engrossed	1/30/12 Passed 85-9	Steele
HB 1056	Novelty lighters	1/17/12 Do Pass –A	1/25/12 Engrossed	1/26/12 Passed 78-19	Eckerty, Glick
HB 1080	Sexual battery	1/23/12 Do Pass	1/26/12 Engrossed	1/27/12 Passed 92-0	Eckerty
HB 1196	Synthetic drugs (including “bath salts”	1/17/12 Do Pass –A	1/25/12 Engrossed –A	1/26/12 Passed 97-0	Merritt
HB 1204	Sex and violent offender registry	1/23/12 Do Pass –A	1/26/12 Engrossed	1/31/12 Passed 93-0	Steele, Arnold

Family & Juvenile Law

ijc — Fri, 03 Feb 2012 14:35:54 +0000

Bill No.	Bill Title	Committee	2^nd Reading	3^rd Reading	Sponsor(s)
SB 18	Duty to support a child	1/10/12 Do Pass	1/23/12 Engrossed –A	1/24/12 Passed 49-1	Kirchhofer, McMillin, Steuerwald
SB 32	Guardianships	1/12/12 Do Pass –A	1/17/12 Engrossed	1/23/12 Passed 50-0	Foley
SB 190	Denial of parenting rights to rapists	1/26/12 Do Pass –A	1/30/12 Engrossed	1/31/12 Passed 50-0	Kubacki, Ellspermann
SB 249	Record of marriage	1/19/12 Do Pass	1/23/12 Engrossed	1/24/12 Passed 50-0	Truitt, Klinker
SB 286	Department of Child Services	1/12/12 Do Pass –A	1/26/12 Engrossed –A	1/31/12 Passed 50-0	McNamara, Noe
SB 287	Department of Child Services	1/12/12 Do Pass – A	1/17/12 Engrossed –A	1/19/12 Passed 48-0	Noe, McNamara
HB 1019	Adoption history information	1/11/12 Do Pass –A	1/13/12 Engrossed	1/17/12 Passed 94-0	Broden
HB 1065	Military custody and parenting time matters	1/11/12 Do Pass	1/25/12 Engrossed	1/26/12 Passed 97-0	Waterman, Tomes
HB 1365	Dual juvenile and criminal jurisdiction	1/23/12 Do Pass	1/26/12 Engrossed –A	1/30/12 Passed 93-0	Bray, M. Young

Judicial Administration

ijc — Fri, 03 Feb 2012 14:34:13 +0000

Bill No.	Bill Title	Committee	2^nd Reading	3^rd Reading	Sponsor(s)
SB 152	Allen circuit court	1/25/12 Do Pass –A1/26/12 Do Pass	1/30/12 Engrossed	1/31/12 Passed 50-0	Pond, Heuer, Morris, GiaQuinta
SB 235	Pro bono legal services fee	1/26/12 Do Pass –A	1/30/12 Engrossed –A	1/31/12 Passed 50-0	Stemler, Koch, Davisson
HB 1049	Problem solving courts	1/25/12 Do Pass –A	1/27/12 Engrossed	1/30/12 Passed 92-3	Bray, Steele, Lanane
HB 1092	Johnson superior court judge	1/25/12 Do Pass	1/27/12 Engrossed	1/30/12 Passed 92-0	Bray

Miscellaneous

ijc — Fri, 03 Feb 2012 14:33:56 +0000

Bill No.	Bill Title	Committee	2^nd Reading	3^rd Reading	Sponsor(s)
SB 237	Noncode statutes	1/26/12 Do Pass	1/30/12 Engrossed	1/31/12 Passed 50-0	Foley
SB 402	Indiana uniform law commission	1/19/12 Do Pass –A	1/23/12 Engrossed	1/24/12 Passed 50-0	Foley
HB 1009	Technical corrections	1/23/12 Do Pass –A	1/26/12 Engrossed	1/27/12 Passed 90-2	M. Young, Banks, Arnold, Taylor

Probate Law

ijc — Fri, 03 Feb 2012 14:32:52 +0000

Bill No.	Bill Title	Committee	2^nd Reading	3^rd Reading	Sponsor(s)
SB 157	Copy of power of attorney	1/23/12 Do Pass –A	1/26/12 Engrossed	1/31/12 Passed 50-0	Foley, Koch
SB 176	Immediate detention orders	1/12/12 Do Pass	1/17/12 Engrossed –A	1/23/12 Passed 50-0	Foley
SB 293	Inheritance tax	1/26/12 Do Pass –A	1/30/12 Engrossed	1/31/12 Passed 50-0	Turner, McMillin, Grubb, Welch
HB 1258	Various estate planning matters	1/23/12 Do Pass –A 1/27/12 Do Pass –A	1/30/12 Engrossed	1/31/12 Passed 96-0	Zakas, Glick, Broden

General Information

ijc — Fri, 27 Jan 2012 20:28:43 +0000

This is the fourth weekly installment of the Legislative Update for the 2012 legislative session. Below are the summaries of bills of interest to the judiciary heard this week in committee.

If you are interested in reading the text of any bill introduced this session, you may find the bill information at: http://www.in.gov/apps/lsa/session/billwatch/billinfo.

Administration

ijc — Fri, 27 Jan 2012 20:28:29 +0000

The Senate Judiciary Committee heard SB 8 regarding representation of judges in mandate litigation authored by Sen. Boots. This bill requires the Attorney General to represent a court that has issued an order of mandate for funds for the operation of the court or court related functions, and prohibits the state from reimbursing a judge for expenses incurred in employing a private attorney to represent the court in an action for mandate of funds. Amendment makes this effective July 1, 2013, instead of July 1, 2012. Judge Robin Moberly for the Indiana Judges Association, Judge Vicki Carmichael, Judge Dan Moore, and the Association of Indiana Counties testified in support of the bill. The Committee held this bill without voting.

The Senate Judiciary Committee heard SB 152 regarding the Allen Circuit Court authored by Sen. Kruse. Judge Felts presented this bill, which does not add any new judicial officers, but changes a current magistrate position from a Title IV-D magistrate to a state paid magistrate. The effective date was amended to July 1, 2013. The bill passed, as amended, 8-0. The bill was then reassigned and heard by the Senate Appropriations Committee, where Judge Felts again testified on its behalf. The Appropriations Committee passed the bill unanimously.

The Senate Judiciary Committee heard SB 235 on pro bono legal services fee authored by Sen. Grooms and Sen. Steele. This bill imposes a pro bono legal services fee of $1 on parties who file certain civil actions, small claims actions, and probate actions, and requires the fees to be transferred to the Indiana Bar Foundation. This bill also requires the Indiana Bar Foundation to deposit in an appropriate account and otherwise manage the fees the foundation receives in the same manner it deposits and manages the net earnings the Foundation receives from IOLTA accounts, and use these fees to assist or establish approved pro bono legal services programs. The Indiana Bar Foundation testified to explain the need for this new fee because of the low interest rates the last three years. The Indiana State Bar Association also testified in full support. The bill passed with a vote of 8-0. The bill was then reassigned and heard by the Senate Appropriations Committee. The bill was amended to include that the Indiana Bar Foundation is subject to audit by the State Board of Accounts. The Indiana State Bar Association and Indiana Bar Foundation testified in support of the bill. The Appropriations Committee passed the amended bill unanimously.

The House Judiciary Committee heard HB 1049 on problem solving courts introduced by author Rep. Koch. The bill makes several changes to the problem solving court statutes, including expanding eligibility and authorizing the court as well as the clerk to collect program fees. The bill also makes changes to the court alcohol and drug program statutes concerning education, treatment, and fees. The Committee adopted two amendments. The first amendment revises various statutes regarding the Office of the Inspector General. The second amendment authorizes a city court in certain cities to have concurrent jurisdiction with the circuit court in civil cases in which the amount in controversy does not exceed $3,000. Testimony in support of the bill was heard from Judge John Surbeck, Allen Superior Court, and the Indiana Judicial Center. Testimony in support of the first amendment was heard from Dhiann Kinsworthy of the Office of the Inspector General. The amended bill passed 7-0.

The House Judiciary Committee heard HB 1092 authored by Rep. Burton and Rep. Steuerwald authorizing a fourth Johnson superior court judge as of January 15, 2015. Rep. Burton introduced the bill, and Judge K. Mark Loyd, Johnson Circuit Court, testified in support of the bill. The bill passed 7-0.

The House Courts and Criminal Code heard HB 1152 concerning city and town courts jurisdiction authored by Rep. McClain. The bill limits misdemeanor jurisdiction to those city and town courts that are required to be attorneys in good standing in accordance with IC 33-35-5-7(c). The Committee adopted an amendment to include additional city and town courts that currently have judges who are attorneys into IC 33-35-5-7(c). Those testifying in favor of the bill included: Judge Mark Stoner, Marion Superior Court, on behalf of the Judicial Conference Strategic Planning Committee; Judge Tom Felts, Allen Circuit Court, on behalf of the Indiana State Bar Association; and Larry Landis, Indiana Public Defender Council. Four city and town court judges, a chief of police, a town council member, and a deputy prosecutor testified against the bill. After discussion, the Committee established a sub-committee to look at a second reading amendment to address additional concerns. The bill passed as amended 9-2.

Civil

ijc — Fri, 27 Jan 2012 20:28:19 +0000

The House Judiciary Committee continued consideration of HB 1133 concerning rights of publicity authored by Rep. Eberhart and Rep. Foley for a vote only. The amended bill passed 7-0.

The House Judiciary Committee heard HB 1206 regarding third party lawsuit lending authored by Rep. Culver and Rep. Foley. Rep Culver explained that lawsuit lending incentivizes plaintiffs to reject reasonable settlement offers and offered an amendment intended to clarify the bill. Testimony in support of the bill was heard from the insurance industry and the Indiana Chamber of Commerce. Testimony in opposition to the bill was heard from the legal finance industry and a consumer. The Committee determined that this issue requires further review and will seek a resolution to send this issue to a study committee.