Legislative Updates

General Information

ijc — Wed, 10 Apr 2013 19:09:18 +0000

This is the fourteenth weekly installment of the Legislative Update for the 2013 legislative session. If you are interested in reading the text of any bill introduced this session, you may find the bill information at the link below:

All Introduced Bills

In the final week for committee meetings this session, the Senate and House committees heard the following bills of interest to the judiciary:

Civil Law

ijc — Wed, 10 Apr 2013 19:08:41 +0000

The House Judiciary Committee heard SB 279, sponsored by Rep. Steuerwald, eliminating a provision that non-named parties in foreclosure actions who have an interest in the property subject to a mortgage foreclosure action are bound by the court’s judgment in the foreclosure action as if they had been parties to the foreclosure action. This bill also limits the post-sale redemption rights of certain omitted parties. The Indiana Bankers Association testified in favor of the bill. The bill passed, 9-0.

Criminal Law

ijc — Wed, 10 Apr 2013 19:03:33 +0000

The House Judiciary Committee heard SB 373, sponsored by Rep. Friend, making it unlawful to record agricultural and industrial operations. The bill was substantially amended by consent and is now entitled trespass and application fraud. The amended bill provides that a person who knowingly or intentionally submits an application to a prospective employer to secure employment, and makes a false statement about a material fact or conceals a material fact in the application in order to secure employment, commits application fraud, a Class A misdemeanor. The amended bill also provides that, for the purposes of criminal trespass, a person has been denied entry to property by means of a fence, wall, or other constructed barrier that reasonably implies entry is prohibited. It also provides that a person making a false or misleading written statement with the intent to obtain employment is excluded from the deception statute. The amendment resolved the concerns of the individuals who testified against the bill. The amended bill passed, 7-3.

General Information

ijc — Fri, 05 Apr 2013 17:25:56 +0000

This is the thirteenth weekly installment of the Legislative Update for the 2013 legislative session. If you are interested in reading the text of any bill introduced this session, you may find the bill information at the link below:

All Introduced Bills

This week Senate and House committees heard the following bills of interest to the judiciary:

Civil Law

ijc — Fri, 05 Apr 2013 17:25:12 +0000

The House Courts and Criminal Code Committee heard SB 400, sponsored by Rep. McMillin, prohibiting state actors to aid in enforcing unconstitutional laws. This bill is aimed at the National Defense Authorization Act that allows indefinite detention without trial. Rep. McMillin introduced an amendment, and an amendment to the amendment; however, neither were called to a vote. The Indiana State Police, Indiana Fraternal Order of Police, Indiana Association of Chiefs of Police, and the Indiana Sheriffs’ Association testified in opposition to the bill as it stands, but stated they were not against the bill if it was amended. No vote was taken.

Criminal Law

ijc — Fri, 05 Apr 2013 17:22:49 +0000

The Senate Appropriations Committee heard HB 1006, sponsored by Sen. Steele, Sen. M. Young, and Sen. Hume, making various changes to the criminal code. An amendment was adopted removing provisions for the state payment of chief and assistant chief probation officer salaries for both courts of record and city and town courts. The amendment also removed language creating the probation improvement fund. Sen. Hume observed that the amendment seemed contrary to the bill’s aims to increase treatment and offender programs at the county level. Sen. Kenley said that HB 1006 when implemented in 2014 “may create some lower level fiscal impact,” and said he was willing to consider funding for the “actual needs” resulting from the bill’s changes. The probation funding, he said, seemed like a “random number” selected as a way to defray the local impact of the bill and did not seem to be based on any identified expense increase anticipated from the bill. Sen. Tallian put together a group of stakeholders to discuss funding issues and expects to have some ideas very soon to give Sen. Kenley from this group. Sen. Kenley said that he had talked with sponsor Sen. Steele, author Rep. Steuerwald, David Powell of the Prosecuting Attorneys Council, and Criminal Code Evaluation Commission work group leader Deborah Daniels, and concluded that “we need to move forward with this bill” in order to adjust sentencing levels after 40 years of incremental legislative changes. The amended bill passed, 13-0.

Family & Juvenile Law

ijc — Fri, 05 Apr 2013 17:20:36 +0000

The Senate Judiciary Committee heard HB 1029, sponsored by Sen. Glick, on releasing adoption history information. This bill adds a relative of an adoptee and a pre-adoptive sibling to the definition of interested persons who could petition the court to request the release of medical information, non-identifying information or identifying information. In addition, it adds the relative of an adoptee, or of a birth parent to the list of people that the court is permitted to release information to through a confidential intermediary. Attorney Steven Kirsh testified in favor of the bill. The bill passed, 8-0.

Judicial Administration

ijc — Fri, 05 Apr 2013 17:19:18 +0000

The Courts and Criminal Code Committee heard SB 124, sponsored by Rep. Frizzell, removing the requirement that Supreme Court justices and Court of Appeals judges retire at 75 years of age. The Committee held the bill to research its effects.

The Senate Judiciary Committee heard HB 1124, sponsored by Sen. Holdman and Sen. Head, regarding city and town court late payment fees. Rep. Mahan explained that the bill authorizes city and town courts to collect late payment fees on Class C and D infractions for handicap parking violations. Jodie Woods, General Counsel for the Indiana Association of City and Towns, testified in support of the bill stating that city and town courts believed that trial courts already had the ability to charge late payment fees in these cases. Michelle Goodman, staff attorney for the Indiana Judicial Center, testified on behalf of the Judicial Conference Special Courts Committee. Ms. Goodman explained that trial courts do not currently have the authority to charge late payment fees in these cases and requested that the Committee consider amending the bill to allow all courts to charge late payment fees. The Committee adopted an amendment authorizing all courts to charge late payment fees as specified in the bill. The amended bill passed, 7-0.

The Senate Tax and Fiscal Policy Committee heard HB 1393 on the Judicial Technology and Automation Committee (“JTAC”) sponsored by Sen. Kenley, Sen. Hershman and Sen. Broden. Sen. Kenley provided an overview of the bill. The Committee adopted an amendment reducing the oversight committee membership by removing the circuit court clerk seat from a non-JTAC county, mandating at least quarterly meetings of the oversight committee in 2013 and 2014 and biannual meetings thereafter, and authorizing the collection of a $7 automated record keeping fee until July 1, 2017. The amended bill passed, 10-1.

General Information

ijc — Thu, 28 Mar 2013 19:53:56 +0000

This is the twelfth weekly installment of the Legislative Update for the 2013 legislative session. If you are interested in reading the text of any bill introduced this session, you may find the bill information at the link below:

All Introduced Bills

This week Senate and House committees heard the following bills of interest to the judiciary:

Civil Law

ijc — Thu, 28 Mar 2013 19:53:12 +0000

The House Judiciary Committee heard SB 117, sponsored by Rep. DeVon, limiting ice skating rink liability at a postsecondary educational institution. This bill states that the operator of an ice skating rink who fulfills the operator’s duties and responsibilities has a complete defense to a civil action. Representatives from the University of Notre Dame testified in favor of the bill. A technical amendment was accepted by consent. The bill passed, 9-0.

The House Judiciary Committee heard SB 382, sponsored by Rep. Neese, creating the Senior Consumer Protection Act. The bill was amended to exclude exploitation of a senior consumer in relation to securities fraud that is regulated by the Secretary of State’s office. The amended bill passed, 6-1.

The Senate Committee on Civil Law heard HB 1372, sponsored by Sen. Zakas and Sen. Becker, on knowledge imputed to real estate brokers. The bill provides that information concerning defects in a property that is contained in transaction records maintained by a brokerage may not be imputed to a broker or affiliated licensee of the brokerage and bars a civil action against a broker or licensee for failure to disclose a defect if the action is based on imputed knowledge. The Committee amended the bill to remove the language that a broker may be held to have imputed knowledge of adverse material facts or risk for failing to disclose the same upon inquiry from the buyer. The amended bill passed, 7-0.