Indiana 2022 Regular Session

Indiana House Bill HB1283 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1283.2
	2	+	Reprinted
	3	+	February 15, 2022
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1283
	6	+	_____
	7	+	DIGEST OF HB 1283 (Updated February 14, 2022 4:33 pm - DI 106)
	8	+	Citations Affected: IC 5-2.
	9	+	Synopsis: Exoneration payments. Provides that a person applying to
	10	+	the Indiana criminal justice institute seeking compensation for
	11	+	wrongful incarceration must prove that he or she is actually innocent
	12	+	by a preponderance of the evidence. Specifies that payments may be
	13	+	suspended while a defendant is serving a term of imprisonment
	14	+	following a conviction for a different offense.
	15	+	Effective: July 1, 2022.
	16	+	Steuerwald, Thompson, Smaltz,
	17	+	Porter
	18	+	(SENATE SPONSORS — YOUNG M, MISHLER, FREEMAN, TAYLOR G)
	19	+	January 10, 2022, read first time and referred to Committee on Courts and Criminal Code.
	20	+	January 20, 2022, reported — Do Pass.
	21	+	January 24, 2022, read second time, ordered engrossed. Engrossed.
	22	+	January 25, 2022, read third time, passed. Yeas 89, nays 0.
	23	+	SENATE ACTION
	24	+	February 2, 2022, read first time and referred to Committee on Corrections and Criminal
	25	+	Law.
	26	+	February 10, 2022, amended, reported favorably — Do Pass.
	27	+	February 14, 2022, read second time, amended, ordered engrossed.
	28	+	EH 1283—LS 7181/DI 134 Reprinted
	29	+	February 15, 2022
1	30		Second Regular Session of the 122nd General Assembly (2022)
2	31		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	32		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	33		additions will appear in this style type, and deletions will appear in this style type.
5	34		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	35		provision adopted), the text of the new provision will appear in this style type. Also, the
7	36		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	37		a new provision to the Indiana Code or the Indiana Constitution.
9	38		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	39		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1283
12		-	AN ACT to amend the Indiana Code concerning state and local
13		-	administration.
	40	+	ENGROSSED
	41	+	HOUSE BILL No. 1283
	42	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	43	+	and local administration.
14	44		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 5-2-23-2, AS ADDED BY P.L.165-2019,
16		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2022]: Sec. 2. (a) As used in this chapter, "actually innocent"
18		-	means, with respect to a particular offense, that a person:
19		-	(1) did not commit the offense; and
20		-	(2) did not:
21		-	(A) commit;
22		-	(B) take part in; or
23		-	(C) plan, prepare for, or participate in the planning or
24		-	preparation of;
25		-	any other criminal act in connection with that offense.
26		-	The mere fact that the trier of fact acquitted or did not convict the
27		-	person on remand is insufficient, standing alone, to establish that the
28		-	person is actually innocent.
29		-	(b) An applicant must prove that he or she is actually innocent
30		-	by a preponderance of the evidence.
31		-	SECTION 2. IC 5-2-23-8, AS AMENDED BY P.L.165-2021,
32		-	SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33		-	JULY 1, 2022]: Sec. 8. (a) A person to whom this chapter applies may
34		-	seek compensation under this chapter by applying to the criminal
35		-	justice institute on a form and in a manner to be determined by the
36		-	HEA 1283 — CC 1 2
37		-	criminal justice institute. An application must be submitted not later
38		-	than:
39		-	(1) November 1, 2021; or
40		-	(2) two (2) years from the date the:
41		-	(A) judgment vacating, reversing, or setting aside the person's
42		-	conviction becomes final; or
43		-	(B) governor pardons the person;
44		-	whichever is later. An applicant shall submit additional evidence to the
45		-	criminal justice institute upon request by the criminal justice institute.
46		-	(b) An applicant must demonstrate the following in any application
47		-	submitted to the criminal justice institute:
48		-	(1) The applicant's eligibility, by a preponderance of the
49		-	evidence, for compensation under this chapter as described in this
50		-	chapter.
51		-	(2) The applicant's compliance with any rules promulgated or
52		-	required by the criminal justice institute pursuant to section 9 of
53		-	this chapter.
54		-	(c) Upon receipt of:
55		-	(1) a completed application; and
56		-	(2) any additional evidence required by the criminal justice
57		-	institute;
58		-	the criminal justice institute shall evaluate, investigate, and make a
59		-	determination with respect to an applicant's claim.
60		-	(d) If, at the conclusion of an investigation performed pursuant to
61		-	subsection (c), the criminal justice institute determines that the
62		-	applicant qualifies for compensation under this chapter, the criminal
63		-	justice institute shall pay any compensation due to the applicant,
64		-	subject to the requirements of subsections (e) and (f).
65		-	(e) This subsection applies to any application or compensation
66		-	owed, regardless of when the application was initially submitted or a
67		-	payment of the compensation was initially made. The criminal justice
68		-	institute may not pay, or continue to pay, compensation to an applicant
69		-	who:
70		-	(1) has received an award for restitution or damages described in
71		-	section 1 of this chapter in connection with the conviction;
72		-	(2) has a pending case that might result in an award for restitution
73		-	or damages described in section 1 of this chapter with respect to
74		-	the conviction;
75		-	(3) has not executed the waiver described in section 4 of this
76		-	chapter;
77		-	(4) is serving a term of imprisonment currently incarcerated in
78		-	a county, city, or federal jail or prison or in an institution
79		-	HEA 1283 — CC 1 3
80		-	operated by the department of correction for a crime other than
81		-	a crime for which the individual was wrongfully incarcerated; or
82		-	(5) is serving a term of imprisonment after currently
83		-	incarcerated due to the revocation of parole or probation for a
84		-	crime other than a crime for which the individual was wrongfully
85		-	incarcerated.
86		-	However, after a term of imprisonment described in subdivision (4) or
87		-	(5) has concluded, the criminal justice institute shall resume paying
88		-	compensation to the individual.
89		-	(f) The criminal justice institute may only pay compensation to the
90		-	individual who was wrongfully incarcerated or, on behalf of the
91		-	individual, to the individual's guardian. The criminal justice institute
92		-	may not pay compensation to:
93		-	(1) the estate of;
94		-	(2) a fiduciary of;
95		-	(3) a trust on behalf of; or
96		-	(4) an assignee of;
97		-	the wrongfully incarcerated individual.
98		-	HEA 1283 — CC 1 Speaker of the House of Representatives
99		-	President of the Senate
100		-	President Pro Tempore
101		-	Governor of the State of Indiana
102		-	Date: Time:
103		-	HEA 1283 — CC 1
	45	+	1 SECTION 1. IC 5-2-23-2, AS ADDED BY P.L.165-2019,
	46	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	47	+	3 JULY 1, 2022]: Sec. 2. (a) As used in this chapter, "actually innocent"
	48	+	4 means, with respect to a particular offense, that a person:
	49	+	5 (1) did not commit the offense; and
	50	+	6 (2) did not:
	51	+	7 (A) commit;
	52	+	8 (B) take part in; or
	53	+	9 (C) plan, prepare for, or participate in the planning or
	54	+	10 preparation of;
	55	+	11 any other criminal act in connection with that offense.
	56	+	12 The mere fact that the trier of fact acquitted or did not convict the
	57	+	13 person on remand is insufficient, standing alone, to establish that the
	58	+	14 person is actually innocent.
	59	+	15 (b) An applicant must prove that he or she is actually innocent
	60	+	16 by a preponderance of the evidence.
	61	+	17 SECTION 2. IC 5-2-23-8, AS AMENDED BY P.L.165-2021,
	62	+	EH 1283—LS 7181/DI 134 2
	63	+	1 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	64	+	2 JULY 1, 2022]: Sec. 8. (a) A person to whom this chapter applies may
	65	+	3 seek compensation under this chapter by applying to the criminal
	66	+	4 justice institute on a form and in a manner to be determined by the
	67	+	5 criminal justice institute. An application must be submitted not later
	68	+	6 than:
	69	+	7 (1) November 1, 2021; or
	70	+	8 (2) two (2) years from the date the:
	71	+	9 (A) judgment vacating, reversing, or setting aside the person's
	72	+	10 conviction becomes final; or
	73	+	11 (B) governor pardons the person;
	74	+	12 whichever is later. An applicant shall submit additional evidence to the
	75	+	13 criminal justice institute upon request by the criminal justice institute.
	76	+	14 (b) An applicant must demonstrate the following in any application
	77	+	15 submitted to the criminal justice institute:
	78	+	16 (1) The applicant's eligibility, by a preponderance of the
	79	+	17 evidence, for compensation under this chapter as described in this
	80	+	18 chapter.
	81	+	19 (2) The applicant's compliance with any rules promulgated or
	82	+	20 required by the criminal justice institute pursuant to section 9 of
	83	+	21 this chapter.
	84	+	22 (c) Upon receipt of:
	85	+	23 (1) a completed application; and
	86	+	24 (2) any additional evidence required by the criminal justice
	87	+	25 institute;
	88	+	26 the criminal justice institute shall evaluate, investigate, and make a
	89	+	27 determination with respect to an applicant's claim.
	90	+	28 (d) If, at the conclusion of an investigation performed pursuant to
	91	+	29 subsection (c), the criminal justice institute determines that the
	92	+	30 applicant qualifies for compensation under this chapter, the criminal
	93	+	31 justice institute shall pay any compensation due to the applicant,
	94	+	32 subject to the requirements of subsections (e) and (f).
	95	+	33 (e) This subsection applies to any application or compensation
	96	+	34 owed, regardless of when the application was initially submitted or a
	97	+	35 payment of the compensation was initially made. The criminal justice
	98	+	36 institute may not pay, or continue to pay, compensation to an applicant
	99	+	37 who:
	100	+	38 (1) has received an award for restitution or damages described in
	101	+	39 section 1 of this chapter in connection with the conviction;
	102	+	40 (2) has a pending case that might result in an award for restitution
	103	+	41 or damages described in section 1 of this chapter with respect to
	104	+	42 the conviction;
	105	+	EH 1283—LS 7181/DI 134 3
	106	+	1 (3) has not executed the waiver described in section 4 of this
	107	+	2 chapter;
	108	+	3 (4) is serving a term of imprisonment following the conviction
	109	+	4 for a crime other than a crime for which the individual was
	110	+	5 wrongfully incarcerated; or
	111	+	6 (5) is serving a term of imprisonment after the revocation of
	112	+	7 parole or probation for a crime other than a crime for which the
	113	+	8 individual was wrongfully incarcerated.
	114	+	9 However, after a term of imprisonment described in subdivision (4) or
	115	+	10 (5) has concluded, the criminal justice institute shall resume paying
	116	+	11 compensation to the individual.
	117	+	12 (f) The criminal justice institute may only pay compensation to the
	118	+	13 individual who was wrongfully incarcerated or, on behalf of the
	119	+	14 individual, to the individual's guardian. The criminal justice institute
	120	+	15 may not pay compensation to:
	121	+	16 (1) the estate of;
	122	+	17 (2) a fiduciary of;
	123	+	18 (3) a trust on behalf of; or
	124	+	19 (4) an assignee of;
	125	+	20 the wrongfully incarcerated individual.
	126	+	EH 1283—LS 7181/DI 134 4
	127	+	COMMITTEE REPORT
	128	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	129	+	which was referred House Bill 1283, has had the same under
	130	+	consideration and begs leave to report the same back to the House with
	131	+	the recommendation that said bill do pass.
	132	+	(Reference is to HB 1283 as introduced.)
	133	+	SCHAIBLEY
	134	+	Committee Vote: Yeas 9, Nays 0
	135	+	_____
	136	+	COMMITTEE REPORT
	137	+	Madam President: The Senate Committee on Corrections and
	138	+	Criminal Law, to which was referred House Bill No. 1283, has had the
	139	+	same under consideration and begs leave to report the same back to the
	140	+	Senate with the recommendation that said bill be AMENDED as
	141	+	follows:
	142	+	Page 3, line 3, after "is" insert "charged with or is".
	143	+	Page 3, line 3, reset in roman "serving a term of imprisonment".
	144	+	Page 3, line 3, delete "currently incarcerated in".
	145	+	Page 3, delete line 4.
	146	+	Page 3, line 5, delete "operated by the department of correction".
	147	+	Page 3, line 7, reset in roman "serving a term of imprisonment
	148	+	after".
	149	+	Page 3, line 7, delete "currently".
	150	+	Page 3, line 8, delete "incarcerated due to".
	151	+	Page 3, line 11, after "after" insert "disposition of a criminal
	152	+	charge not resulting in a term of imprisonment, or after".
	153	+	and when so amended that said bill do pass.
	154	+	(Reference is to HB 1283 as printed January 20, 2022.)
	155	+	YOUNG M, Chairperson
	156	+	Committee Vote: Yeas 4, Nays 3.
	157	+	EH 1283—LS 7181/DI 134 5
	158	+	SENATE MOTION
	159	+	Madam President: I move that Engrossed House Bill 1283 be
	160	+	amended to read as follows:
	161	+	Page 3, line 3, delete "charged with or is".
	162	+	Page 3, line 3, after "imprisonment" insert "following the
	163	+	conviction".
	164	+	Page 3, line 9, delete "disposition of a criminal charge not resulting
	165	+	in a".
	166	+	Page 3, line 10, delete "term of imprisonment, or after".
	167	+	(Reference is to EHB 1283 as printed February 11, 2022.)
	168	+	POL JR.
	169	+	EH 1283—LS 7181/DI 134