Indiana 2022 Regular Session

Indiana House Bill HB1300 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1300.1
	2	+	February 18, 2022
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1300
	5	+	_____
	6	+	DIGEST OF HB 1300 (Updated February 15, 2022 2:21 pm - DI 106)
	7	+	Citations Affected: IC 27-10; IC 33-24; IC 35-31.5; IC 35-33;
	8	+	IC 35-40.
	9	+	Synopsis: Bail. Allows a charitable organization to pay bail on behalf
	10	+	of specified non-violent defendants if the organization meets certain
	11	+	criteria and is certified by the commissioner of the department of
	12	+	insurance ("commissioner"). Specifies the circumstances under which
	13	+	a certification may be revoked, and exempts from the certification
	14	+	requirement a charitable organization that pays bail for not more than
	15	+	two individuals in any 180 day period. Requires the commissioner to
	16	+	adopt rules, including emergency rules, for the certification of
	17	+	charitable bail organizations. Prohibits the state and a political
	18	+	subdivision from: (1) posting bail for any person; or (2) providing a
	19	+	grant to any entity that provides funding for any person who posts bail.
	20	+	Prohibits an entity that has received a grant from the state or a political
	21	+	subdivision from posting bail for any person or providing a grant,
	22	+	directly or indirectly, to an entity that posts bail for any person.
	23	+	Requires a person paying cash bail, including a charitable bail
	24	+	(Continued next page)
	25	+	Effective: Upon passage; July 1, 2022.
	26	+	Mayfield, Schaibley
	27	+	(SENATE SPONSORS — FREEMA N, SANDLIN, YOUNG M)
	28	+	January 11, 2022, read first time and referred to Committee on Financial Institutions and
	29	+	Insurance.
	30	+	January 25, 2022, amended, reported — Do Pass.
	31	+	January 27, 2022, read second time, amended, ordered engrossed.
	32	+	January 28, 2022, engrossed.
	33	+	January 31, 2022, read third time, passed. Yeas 66, nays 24.
	34	+	SENATE ACTION
	35	+	February 8, 2022, read first time and referred to Committee on Corrections and Criminal
	36	+	Law.
	37	+	February 17, 2022, amended, reported favorably — Do Pass.
	38	+	EH 1300—LS 6885/DI 149 Digest Continued
	39	+	organization, to execute an agreement requiring the court to retain all
	40	+	or part of the bail to pay certain court costs. Requires that bail be
	41	+	returned to the person who posted it. Provides that a case management
	42	+	system developed and operated by the office of judicial administration
	43	+	must include a searchable field for certain information of the bail agent
	44	+	or a person authorized by the surety that pays bail for an individual.
	45	+	Provides that a court may not admit a violent defendant to bail until the
	46	+	court has conducted a hearing in open court. Permits a victim to be
	47	+	heard at the bail hearing for certain defendants. Establishes the violent
	48	+	arrestee pilot project in Marion County, requires a minimum bail
	49	+	amount for a repeat violent arrestee in Marion County, and requires the
	50	+	revocation of bail for a Marion County violent arrestee who commits
	51	+	a new felony while on bail.
	52	+	EH 1300—LS 6885/DI 149EH 1300—LS 6885/DI 149 February 18, 2022
1	53		Second Regular Session of the 122nd General Assembly (2022)
2	54		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	55		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	56		additions will appear in this style type, and deletions will appear in this style type.
5	57		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	58		provision adopted), the text of the new provision will appear in this style type. Also, the
7	59		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	60		a new provision to the Indiana Code or the Indiana Constitution.
9	61		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	62		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1300
12		-	AN ACT to amend the Indiana Code concerning insurance.
	63	+	ENGROSSED
	64	+	HOUSE BILL No. 1300
	65	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	66	+	insurance.
13	67		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 27-10-2-4.1 IS ADDED TO THE INDIANA CODE
15		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16		-	1, 2022]: Sec. 4.1. The commissioner shall regulate a charitable bail
17		-	organization (as defined in section 4.5 of this chapter) in
18		-	accordance with section 4.5 of this chapter.
19		-	SECTION 2. IC 27-10-2-4.5 IS ADDED TO THE INDIANA CODE
20		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
21		-	1, 2022]: Sec. 4.5. (a) The following definitions apply throughout
22		-	this section:
23		-	(1) "Charitable bail organization" means a business entity, or
24		-	a nonprofit organization under:
25		-	(A) the Internal Revenue Code; or
26		-	(B) Indiana law;
27		-	that exists for the purpose of paying cash bail for another
28		-	person. However, the term does not include a person who pays
29		-	cash bail for three (3) or fewer defendants in any one hundred
30		-	eighty (180) day period, or a person who pays bail for a
31		-	relative (as defined in IC 35-42-2-1(b)).
32		-	(2) "Crime of violence" has the meaning set forth in
33		-	IC 35-50-1-2(a).
34		-	(b) The commissioner may certify a charitable bail organization
35		-	if the charitable bail organization:
36		-	HEA 1300 — CC 1 2
37		-	(1) is a business entity, or a nonprofit organization under:
38		-	(A) the Internal Revenue Code; or
39		-	(B) Indiana law;
40		-	(2) is currently registered to do business in Indiana;
41		-	(3) is located in Indiana; and
42		-	(4) exists for the purpose of depositing cash bail for an
43		-	indigent defendant who:
44		-	(A) is not charged with a crime of violence; or
45		-	(B) if charged with a felony, does not have a prior
46		-	conviction for a crime of violence.
47		-	(c) A person may apply for certification under this section in
48		-	accordance with rules adopted under this section.
49		-	(d) The commissioner shall certify a person as a charitable bail
50		-	organization if the:
51		-	(1) person pays an application fee of three hundred dollars
52		-	($300);
53		-	(2) person meets the requirements of this section; and
54		-	(3) person, including an officer or director of the person, has
55		-	not engaged in conduct that:
56		-	(A) constitutes fraud, dishonesty, or deception;
57		-	(B) constitutes malfeasance, misfeasance, or nonfeasance
58		-	in dealing with money; or
59		-	(C) resulted in the suspension or revocation of a previous
60		-	certification.
61		-	(e) A charitable bail certification is valid for two (2) years from
62		-	the date of issuance and may be renewed upon payment of a
63		-	renewal fee of three hundred dollars ($300). If a person applies for
64		-	renewal before the expiration of the existing certification, the
65		-	existing certification remains valid until the commissioner renews
66		-	the certification, or until five (5) days after the commissioner
67		-	denies the application for renewal. A person is entitled to renewal
68		-	unless the commissioner denies the application for renewal under
69		-	subsection (f).
70		-	(f) The commissioner shall deny, suspend, revoke, or refuse to
	68	+	1 SECTION 1. IC 27-10-2-4 IS AMENDED TO READ AS
	69	+	2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. Every surety for the
	70	+	3 release of a person on bail shall be qualified as:
	71	+	4 (1) an insurer as defined and meeting the qualifications prescribed
	72	+	5 in IC 27-1-5-1, and represented by a bail agent as defined in and
	73	+	6 meeting the qualifications prescribed in this article; or
	74	+	7 (2) a person who:
	75	+	8 (A) has reached the age of eighteen (18) years;
	76	+	9 (B) is a citizen of the United States;
	77	+	10 (C) has been a bona fide resident of Indiana for at least one (1)
	78	+	11 year immediately preceding the execution of the bond;
	79	+	12 (D) is related to the person for whom release on bail is sought
	80	+	13 within the third degree of affinity; and
	81	+	14 (E) owns real or tangible personal property in Indiana with a
	82	+	15 net asset value that is acceptable to the proper authority
	83	+	16 approving the bond; or
	84	+	17 (3) a charitable bail organization that:
	85	+	EH 1300—LS 6885/DI 149 2
	86	+	1 (A) is certified by the commissioner under section 4.5 of
	87	+	2 this chapter; or
	88	+	3 (B) posts bail for not more than two (2) individuals in a one
	89	+	4 hundred eighty (180) day period.
	90	+	5 SECTION 2. IC 27-10-2-4.5 IS ADDED TO THE INDIANA CODE
	91	+	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	92	+	7 1, 2022]: Sec. 4.5. (a) As used in this section, "charitable bail
	93	+	8 organization" means a person that:
	94	+	9 (1) solicits or accepts donations from the public; and
	95	+	10 (2) agrees to deposit money for bail for another person.
	96	+	11 (b) The commissioner may certify a person as a charitable bail
	97	+	12 organization if the person:
	98	+	13 (1) is a nonprofit charitable organization under Section
	99	+	14 501(c)(3) of the Internal Revenue Code;
	100	+	15 (2) is currently registered to do business in Indiana;
	101	+	16 (3) is located in Indiana; and
	102	+	17 (4) exists for the purpose of depositing cash bail of two
	103	+	18 thousand dollars ($2,000) or less for an indigent person who
	104	+	19 does not have a prior conviction for a crime of violence (as
	105	+	20 defined in IC 35-50-1-2(a)), or who is charged with an offense
	106	+	21 that is not a crime of violence (as defined by IC 35-50-1-2(a)).
	107	+	22 (c) A person may apply for certification under this section in
	108	+	23 accordance with rules adopted under this section.
	109	+	24 (d) The commissioner shall certify a person as a charitable bail
	110	+	25 organization if the:
	111	+	26 (1) person pays an application fee of three hundred dollars
	112	+	27 ($300);
	113	+	28 (2) person meets the requirements of this section; and
	114	+	29 (3) person, including an officer or director of the person, has
	115	+	30 not engaged in conduct that:
	116	+	31 (A) constitutes fraud, dishonesty, or deception;
	117	+	32 (B) constitutes malfeasance, misfeasance, or nonfeasance
	118	+	33 in dealing with money; or
	119	+	34 (C) resulted in the suspension or revocation of a previous
	120	+	35 certification.
	121	+	36 (e) A charitable bail certification is valid for two (2) years from
	122	+	37 the date of issuance and may be renewed upon payment of a
	123	+	38 renewal fee of three hundred dollars ($300). If a person applies for
	124	+	39 renewal before the expiration of the existing certification, the
	125	+	40 existing certification remains valid until the commissioner renews
	126	+	41 the certification, or until five (5) days after the commissioner
	127	+	42 denies the application for renewal. A person is entitled to renewal
	128	+	EH 1300—LS 6885/DI 149 3
	129	+	1 unless the commissioner denies the application for renewal under
	130	+	2 subsection (f).
	131	+	3 (f) The commissioner shall deny, suspend, revoke, or refuse to
	132	+	4 renew certification for any of the following causes:
	133	+	5 (1) Any cause for which issuance of the certification could
	134	+	6 have been refused had it then existed and been known to the
	135	+	7 commissioner.
	136	+	8 (2) Violation of any laws of this state in the course of dealings
	137	+	9 under the certification.
	138	+	10 (3) Material misstatement, misrepresentation, or fraud in
	139	+	11 obtaining the certification.
	140	+	12 (4) Misappropriation, conversion, or unlawful withholding of
	141	+	13 money belonging to donors or others and received in the
	142	+	14 conduct of business under the certification.
	143	+	15 (5) Fraudulent or dishonest practices in the conduct of
	144	+	16 business under the certification.
	145	+	17 (6) Willful failure to comply with or willful violation of any
	146	+	18 proper order or rule of the commissioner.
	147	+	19 (7) When, in the judgment of the commissioner, the certificate
	148	+	20 holder has, in the conduct of affairs under the certification,
	149	+	21 demonstrated:
	150	+	22 (A) incompetency or untrustworthiness;
	151	+	23 (B) conduct or practices rendering the certificate holder
	152	+	24 unfit to carry on charitable bail activities or making the
	153	+	25 certificate holder's continuance detrimental to the public
	154	+	26 interest; or
	155	+	27 (C) that the certificate holder is no longer in good faith
	156	+	28 carrying on as a charitable bail organization;
	157	+	29 and for these reasons is found by the commissioner to be a
	158	+	30 source of detriment, injury, or loss to the public.
	159	+	31 (8) The listing of the name of the applicant or certificate
	160	+	32 holder on the most recent tax warrant list supplied to the
	161	+	33 commissioner by the department of state revenue.
	162	+	34 (g) A charitable bail organization must comply with all of the
	163	+	35 following:
	164	+	36 (1) If the charitable bail organization pays, or intends to pay,
	165	+	37 bail for more than two (2) individuals in any one hundred
	166	+	38 eighty (180) day period, the charitable bail organization must
	167	+	39 be certified by the commissioner under this section before
	168	+	40 soliciting or accepting donations for bail for another person,
	169	+	41 and before depositing money for bail for another person.
	170	+	42 (2) If the charitable bail organization is not certified under
	171	+	EH 1300—LS 6885/DI 149 4
	172	+	1 this section, the charitable bail organization may pay bail for
	173	+	2 not more than two (2) individuals in any one hundred eighty
	174	+	3 (180) day period.
	175	+	4 (3) A charitable bail organization may only deposit cash bail
	176	+	5 of two thousand dollars ($2,000) or less for an indigent person
	177	+	6 who does not have a prior conviction for a crime of violence
	178	+	7 (as defined in IC 35-50-1-2(a)), or who is charged with an
	179	+	8 offense that is not a crime of violence (as defined by
	180	+	9 IC 35-50-1-2(a)). A charitable bail organization may not pay
	181	+	10 bail for a defendant who has a prior conviction for a crime of
	182	+	11 violence (as defined in IC 35-50-1-2(a)), or who is charged
	183	+	12 with a crime of violence, even if the defendant is also charged
	184	+	13 with an offense that is not a crime of violence (as defined by
	185	+	14 IC 35-50-1-2(a)).
	186	+	15 (4) A charitable bail organization may not execute a surety
	187	+	16 bond for a defendant.
	188	+	17 (5) A charitable bail organization shall, before paying bail for
	189	+	18 an individual, execute an agreement described in
	190	+	19 IC 35-33-8-3.2 requiring the court to retain all or a part of the
	191	+	20 bail to pay publicly paid costs of representation and fines,
	192	+	21 costs, fees, and restitution that the court may order the
	193	+	22 defendant to pay if the defendant is convicted.
	194	+	23 (6) A charitable bail organization and the court shall comply
	195	+	24 with the requirements of IC 35-33-8-3.2(h).
	196	+	25 (7) A charitable bail organization may not charge a premium
	197	+	26 or receive any consideration for acting as a charitable bail
	198	+	27 organization.
	199	+	28 (h) All fees collected under this section must be deposited in the
	200	+	29 bail bond enforcement and administration fund created by
	201	+	30 IC 27-10-5-1.
	202	+	31 (i) Any authorized employee of a charitable bail organization
	203	+	32 may only deposit cash bail to the court.
	204	+	33 (j) If an individual fails to appear, the bail shall be forfeited in
	205	+	34 the manner described in IC 35-33-8-7 and the court shall take the
	206	+	35 steps described in IC 35-33-8-8.
	207	+	36 SECTION 3. IC 27-10-2-4.6 IS ADDED TO THE INDIANA CODE
	208	+	37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	209	+	38 UPON PASSAGE]: Sec. 4.6. The commissioner shall adopt:
	210	+	39 (1) before July 1, 2022, emergency rules under IC 4-22-2-37.1;
	211	+	40 and
	212	+	41 (2) rules under IC 4-22-2;
	213	+	42 to implement section 4.5 of this chapter.
	214	+	EH 1300—LS 6885/DI 149 5
	215	+	1 SECTION 4. IC 33-24-6-3, AS AMENDED BY P.L.115-2021,
	216	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	217	+	3 JULY 1, 2022]: Sec. 3. (a) The office of judicial administration shall
	218	+	4 do the following:
	219	+	5 (1) Examine the administrative and business methods and systems
	220	+	6 employed in the offices of the clerks of court and other offices
	221	+	7 related to and serving the courts and make recommendations for
	222	+	8 necessary improvement.
	223	+	9 (2) Collect and compile statistical data and other information on
	224	+	10 the judicial work of the courts in Indiana. All justices of the
	225	+	11 supreme court, judges of the court of appeals, judges of all trial
	226	+	12 courts, and any city or town courts, whether having general or
	227	+	13 special jurisdiction, court clerks, court reporters, and other
	228	+	14 officers and employees of the courts shall, upon notice by the
	229	+	15 chief administrative officer and in compliance with procedures
	230	+	16 prescribed by the chief administrative officer, furnish the chief
	231	+	17 administrative officer the information as is requested concerning
	232	+	18 the nature and volume of judicial business. The information must
	233	+	19 include the following:
	234	+	20 (A) The volume, condition, and type of business conducted by
	235	+	21 the courts.
	236	+	22 (B) The methods of procedure in the courts.
	237	+	23 (C) The work accomplished by the courts.
	238	+	24 (D) The receipt and expenditure of public money by and for
	239	+	25 the operation of the courts.
	240	+	26 (E) The methods of disposition or termination of cases.
	241	+	27 (3) Prepare and publish reports, not less than one (1) or more than
	242	+	28 two (2) times per year, on the nature and volume of judicial work
	243	+	29 performed by the courts as determined by the information
	244	+	30 required in subdivision (2).
	245	+	31 (4) Serve the judicial nominating commission and the judicial
	246	+	32 qualifications commission in the performance by the commissions
	247	+	33 of their statutory and constitutional functions.
	248	+	34 (5) Administer the civil legal aid fund as required by IC 33-24-12.
	249	+	35 (6) Administer the court technology fund established by section
	250	+	36 12 of this chapter.
	251	+	37 (7) By December 31, 2013, develop and implement a standard
	252	+	38 protocol for sending and receiving court data:
	253	+	39 (A) between the protective order registry, established by
	254	+	40 IC 5-2-9-5.5, and county court case management systems;
	255	+	41 (B) at the option of the county prosecuting attorney, for:
	256	+	42 (i) a prosecuting attorney's case management system;
	257	+	EH 1300—LS 6885/DI 149 6
	258	+	1 (ii) a county court case management system; and
	259	+	2 (iii) a county court case management system developed and
	260	+	3 operated by the office of judicial administration;
	261	+	4 to interface with the electronic traffic tickets, as defined by
	262	+	5 IC 9-30-3-2.5; and
	263	+	6 (C) between county court case management systems and the
	264	+	7 case management system developed and operated by the office
	265	+	8 of judicial administration.
	266	+	9 The standard protocol developed and implemented under this
	267	+	10 subdivision shall permit private sector vendors, including vendors
	268	+	11 providing service to a local system and vendors accessing the
	269	+	12 system for information, to send and receive court information on
	270	+	13 an equitable basis and at an equitable cost, and for a case
	271	+	14 management system developed and operated by the office of
	272	+	15 judicial administration, must include a searchable field for the
	273	+	16 name and bail agent license number, if applicable, of the bail
	274	+	17 agent or a person authorized by the surety that pays bail for
	275	+	18 an individual as described in IC 35-33-8-3.2.
	276	+	19 (8) Establish and administer an electronic system for receiving
	277	+	20 information that relates to certain individuals who may be
	278	+	21 prohibited from possessing a firearm for the purpose of:
	279	+	22 (A) transmitting this information to the Federal Bureau of
	280	+	23 Investigation for inclusion in the NICS; and
	281	+	24 (B) beginning July 1, 2021, compiling and publishing certain
	282	+	25 statistics related to the confiscation and retention of firearms
	283	+	26 as described under section 14 of this chapter.
	284	+	27 (9) Establish and administer an electronic system for receiving
	285	+	28 drug related felony conviction information from courts. The office
	286	+	29 of judicial administration shall notify NPLEx of each drug related
	287	+	30 felony entered after June 30, 2012, and do the following:
	288	+	31 (A) Provide NPLEx with the following information:
	289	+	32 (i) The convicted individual's full name.
	290	+	33 (ii) The convicted individual's date of birth.
	291	+	34 (iii) The convicted individual's driver's license number, state
	292	+	35 personal identification number, or other unique number, if
	293	+	36 available.
	294	+	37 (iv) The date the individual was convicted of the felony.
	295	+	38 Upon receipt of the information from the office of judicial
	296	+	39 administration, a stop sale alert must be generated through
	297	+	40 NPLEx for each individual reported under this clause.
	298	+	41 (B) Notify NPLEx if the felony of an individual reported under
	299	+	42 clause (A) has been:
	300	+	EH 1300—LS 6885/DI 149 7
	301	+	1 (i) set aside;
	302	+	2 (ii) reversed;
	303	+	3 (iii) expunged; or
	304	+	4 (iv) vacated.
	305	+	5 Upon receipt of information under this clause, NPLEx shall
	306	+	6 remove the stop sale alert issued under clause (A) for the
	307	+	7 individual.
	308	+	8 (10) After July 1, 2018, establish and administer an electronic
	309	+	9 system for receiving from courts felony conviction information for
	310	+	10 each felony described in IC 20-28-5-8(c). The office of judicial
	311	+	11 administration shall notify the department of education at least
	312	+	12 one (1) time each week of each felony described in
	313	+	13 IC 20-28-5-8(c) entered after July 1, 2018, and do the following:
	314	+	14 (A) Provide the department of education with the following
	315	+	15 information:
	316	+	16 (i) The convicted individual's full name.
	317	+	17 (ii) The convicted individual's date of birth.
	318	+	18 (iii) The convicted individual's driver's license number, state
	319	+	19 personal identification number, or other unique number, if
	320	+	20 available.
	321	+	21 (iv) The date the individual was convicted of the felony.
	322	+	22 (B) Notify the department of education if the felony of an
	323	+	23 individual reported under clause (A) has been:
	324	+	24 (i) set aside;
	325	+	25 (ii) reversed; or
	326	+	26 (iii) vacated.
	327	+	27 (11) Perform legal and administrative duties for the justices as
	328	+	28 determined by the justices.
	329	+	29 (12) Provide staff support for the judicial conference of Indiana
	330	+	30 established in IC 33-38-9.
	331	+	31 (13) Work with the United States Department of Veterans Affairs
	332	+	32 to identify and address the needs of veterans in the court system.
	333	+	33 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
	334	+	34 judicial officer an identification card identifying the retired
	335	+	35 judicial officer as a retired judicial officer.
	336	+	36 (b) All forms to be used in gathering data must be approved by the
	337	+	37 supreme court and shall be distributed to all judges and clerks before
	338	+	38 the start of each period for which reports are required.
	339	+	39 (c) The office of judicial administration may adopt rules to
	340	+	40 implement this section.
	341	+	41 SECTION 5. IC 35-31.5-2-304 IS REPEALED [EFFECTIVE JULY
	342	+	42 1, 2022]. Sec. 304. "Sexually violent predator defendant", for purposes
	343	+	EH 1300—LS 6885/DI 149 8
	344	+	1 of IC 35-33-8-3.5, has the meaning set forth in IC 35-33-8-3.5(b).
	345	+	2 SECTION 6. IC 35-31.5-2-351.7 IS ADDED TO THE INDIANA
	346	+	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
	347	+	4 [EFFECTIVE JULY 1, 2022]: Sec. 351.7. "Violent defendant", for
	348	+	5 purposes of IC 35-33-8-3.5, has the meaning set forth in
	349	+	6 IC 35-33-8-3.5.
	350	+	7 SECTION 7. IC 35-33-8-0.6 IS ADDED TO THE INDIANA CODE
	351	+	8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	352	+	9 UPON PASSAGE]: Sec. 0.6. (a) Neither the state nor a political
	353	+	10 subdivision (as defined in IC 36-1-2-13) may:
	354	+	11 (1) post bail for any person; or
	355	+	12 (2) provide a grant or other funding to an entity that posts
	356	+	13 bail for any person.
	357	+	14 (b) No entity that has received a grant or funding from the state
	358	+	15 or a political subdivision (as defined in IC 36-1-2-13) may:
	359	+	16 (1) post bail for any person; or
	360	+	17 (2) provide a grant or other funding, directly or through
	361	+	18 another entity, to an entity that posts bail for any person.
	362	+	19 SECTION 8. IC 35-33-8-3.2, AS AMENDED BY P.L.161-2018,
	363	+	20 SECTION 115, IS AMENDED TO READ AS FOLLOWS
	364	+	21 [EFFECTIVE JULY 1, 2022]: Sec. 3.2. (a) After considering the results
	365	+	22 of the Indiana pretrial risk assessment system (if available), other
	366	+	23 relevant factors, and bail guidelines described in section 3.8 of this
	367	+	24 chapter, a court may admit a defendant to bail and impose any of the
	368	+	25 following conditions to assure the defendant's appearance at any stage
	369	+	26 of the legal proceedings, or, upon a showing of clear and convincing
	370	+	27 evidence that the defendant poses a risk of physical danger to another
	371	+	28 person or the community, to assure the public's physical safety:
	372	+	29 (1) Require the defendant to:
	373	+	30 (A) execute a bail bond with sufficient solvent sureties;
	374	+	31 (B) deposit cash or securities in an amount equal to the bail;
	375	+	32 (C) execute a bond secured by real estate in the county, where
	376	+	33 thirty-three hundredths (0.33) of the true tax value less
	377	+	34 encumbrances is at least equal to the amount of the bail;
	378	+	35 (D) post a real estate bond; or
	379	+	36 (E) perform any combination of the requirements described in
	380	+	37 clauses (A) through (D).
	381	+	38 If the court requires the defendant to deposit cash or cash and
	382	+	39 another form of security as bail, the court may shall require the
	383	+	40 defendant and each person who makes the deposit on behalf of the
	384	+	41 defendant to execute an agreement that allows requires the court
	385	+	42 to retain all or a part of the cash to pay publicly paid costs of
	386	+	EH 1300—LS 6885/DI 149 9
	387	+	1 representation and fines, costs, fees, and restitution that the court
	388	+	2 may order the defendant to pay if the defendant is convicted. The
	389	+	3 defendant must also pay the fee required by subsection (d).
	390	+	4 (2) Require the defendant to execute:
	391	+	5 (A) a bail bond by depositing cash or securities with the clerk
	392	+	6 of the court in an amount not less than ten percent (10%) of
	393	+	7 the bail; and
	394	+	8 (B) an agreement that allows the court to retain all or a part of
	395	+	9 the cash or securities to pay fines, costs, fees, and restitution
	396	+	10 that the court may order the defendant to pay if the defendant
	397	+	11 is convicted.
	398	+	12 A portion of the deposit, not to exceed ten percent (10%) of the
	399	+	13 monetary value of the deposit or fifty dollars ($50), whichever is
	400	+	14 the lesser amount, may be retained as an administrative fee. The
	401	+	15 clerk shall also retain from the deposit under this subdivision
	402	+	16 fines, costs, fees, and restitution as ordered by the court, publicly
	403	+	17 paid costs of representation that shall be disposed of in
	404	+	18 accordance with subsection (b), and the fee required by
	405	+	19 subsection (d). In the event of the posting of a real estate bond,
	406	+	20 the bond shall be used only to insure the presence of the
	407	+	21 defendant at any stage of the legal proceedings, but shall not be
	408	+	22 foreclosed for the payment of fines, costs, fees, or restitution. The
	409	+	23 individual posting bail for the defendant or the defendant
	410	+	24 admitted to bail under this subdivision must be notified by the
	411	+	25 sheriff, court, or clerk that the defendant's deposit may be
	412	+	26 forfeited under section 7 of this chapter or retained under
	413	+	27 subsection (b).
	414	+	28 (3) Impose reasonable restrictions on the activities, movements,
	415	+	29 associations, and residence of the defendant during the period of
	416	+	30 release.
	417	+	31 (4) Except as provided in section 3.6 of this chapter, require the
	418	+	32 defendant to refrain from any direct or indirect contact with an
	419	+	33 individual and, if the defendant has been charged with an offense
	420	+	34 under IC 35-46-3, any animal belonging to the individual,
	421	+	35 including if the defendant has not been released from lawful
	422	+	36 detention.
	423	+	37 (5) Place the defendant under the reasonable supervision of a
	424	+	38 probation officer, pretrial services agency, or other appropriate
	425	+	39 public official. If the court places the defendant under the
	426	+	40 supervision of a probation officer or pretrial services agency, the
	427	+	41 court shall determine whether the defendant must pay the pretrial
	428	+	42 services fee under section 3.3 of this chapter.
	429	+	EH 1300—LS 6885/DI 149 10
	430	+	1 (6) Release the defendant into the care of a qualified person or
	431	+	2 organization responsible for supervising the defendant and
	432	+	3 assisting the defendant in appearing in court. The supervisor shall
	433	+	4 maintain reasonable contact with the defendant in order to assist
	434	+	5 the defendant in making arrangements to appear in court and,
	435	+	6 where appropriate, shall accompany the defendant to court. The
	436	+	7 supervisor need not be financially responsible for the defendant.
	437	+	8 (7) Release the defendant on personal recognizance unless:
	438	+	9 (A) the state presents evidence relevant to a risk by the
	439	+	10 defendant:
	440	+	11 (i) of nonappearance; or
	441	+	12 (ii) to the physical safety of the public; and
	442	+	13 (B) the court finds by a preponderance of the evidence that the
	443	+	14 risk exists.
	444	+	15 (8) Require a defendant charged with an offense under IC 35-46-3
	445	+	16 to refrain from owning, harboring, or training an animal.
	446	+	17 (9) Impose any other reasonable restrictions designed to assure
	447	+	18 the defendant's presence in court or the physical safety of another
	448	+	19 person or the community.
	449	+	20 (b) Within thirty (30) days after disposition of the charges against
	450	+	21 the defendant, the court that admitted the defendant to bail shall order
	451	+	22 the clerk to remit the amount of the deposit remaining under subsection
	452	+	23 (a)(2) to the defendant. person who made the deposit. The portion of
	453	+	24 the deposit that is not remitted to the defendant person who made the
	454	+	25 deposit shall be deposited by the clerk in the supplemental public
	455	+	26 defender services fund established under IC 33-40-3.
	456	+	27 (c) For purposes of subsection (b), "disposition" occurs when the
	457	+	28 indictment or information is dismissed or the defendant is acquitted or
	458	+	29 convicted of the charges.
	459	+	30 (d) Except as provided in subsection (e), the clerk of the court shall:
	460	+	31 (1) collect a fee of five dollars ($5) from each bond or deposit
	461	+	32 required under subsection (a)(1); and
	462	+	33 (2) retain a fee of five dollars ($5) from each deposit under
	463	+	34 subsection (a)(2).
	464	+	35 The clerk of the court shall semiannually remit the fees collected under
	465	+	36 this subsection to the board of trustees of the Indiana public retirement
	466	+	37 system for deposit in the special death benefit fund. The fee required
	467	+	38 by subdivision (2) is in addition to the administrative fee retained under
	468	+	39 subsection (a)(2).
	469	+	40 (e) With the approval of the clerk of the court, the county sheriff
	470	+	41 may collect the bail posted under this section. The county sheriff shall
	471	+	42 remit the bail to the clerk of the court by the following business day
	472	+	EH 1300—LS 6885/DI 149 11
	473	+	1 and remit monthly the five dollar ($5) special death benefit fee to the
	474	+	2 county auditor.
	475	+	3 (f) When a court imposes a condition of bail described in subsection
	476	+	4 (a)(4):
	477	+	5 (1) the clerk of the court shall comply with IC 5-2-9; and
	478	+	6 (2) the prosecuting attorney shall file a confidential form
	479	+	7 prescribed or approved by the office of judicial administration
	480	+	8 with the clerk.
	481	+	9 (g) The clerk of the court shall record the name, address and
	482	+	10 bail agent license number, if applicable, of the bail agent or a
	483	+	11 person authorized by the surety posting bail for the defendant in
	484	+	12 the county court electronic case management system.
	485	+	13 (h) This subsection applies only to bail paid by a charitable bail
	486	+	14 organization as defined by IC 27-10-2-4.5(a). If bail is paid by a
	487	+	15 charitable bail organization, the court shall:
	488	+	16 (1) require the charitable bail organization to execute an
	489	+	17 agreement requiring the court to retain all or part of the bail
	490	+	18 to pay publicly paid costs of representation and fines, costs,
	491	+	19 fees, probation fees, and restitution that the court has ordered
	492	+	20 the defendant to pay; and
	493	+	21 (2) retain all or part of the bail to pay publicly paid costs of
	494	+	22 representation and fines, costs, fees, probation fees, and
	495	+	23 restitution that the court has ordered the defendant to pay.
	496	+	24 SECTION 9. IC 35-33-8-3.5, AS AMENDED BY P.L.187-2017,
	497	+	25 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	498	+	26 JULY 1, 2022]: Sec. 3.5. (a) This section applies only to a sexually
	499	+	27 violent predator violent defendant.
	500	+	28 (b) As used in this section, "sexually violent predator "violent
	501	+	29 defendant" means a person who
	502	+	30 (1) is a sexually violent predator under IC 35-38-1-7.5; and
	503	+	31 (2) is arrested for or charged with the commission of an offense
	504	+	32 that would classify the person as a sex or violent offender (as
	505	+	33 defined in IC 11-8-8-5).
	506	+	34 is arrested for or charged with the commission of an offense:
	507	+	35 (1) described in IC 35-50-1-2(a); and
	508	+	36 (2) that is not a Level 6 felony under IC 35-44.1-3-1(c)(1)(A).
	509	+	37 (c) A court may not admit a violent defendant
	510	+	38 (1) sexually violent predator defendant;
	511	+	39 (2) person charged with child molesting (IC 35-42-4-3); or
	512	+	40 (3) person charged with child solicitation (IC 35-42-4-6);
	513	+	41 to bail until the court has conducted a bail hearing in open court.
	514	+	42 Except as provided in section 6 of this chapter, the court shall conduct
	515	+	EH 1300—LS 6885/DI 149 12
	516	+	1 a bail hearing not later than forty-eight (48) hours after the person has
	517	+	2 been arrested, unless exigent circumstances prevent holding the
	518	+	3 hearing within forty-eight (48) hours.
	519	+	4 (d) At the conclusion of the hearing described in subsection (c) and
	520	+	5 after consideration of the bail guidelines described in section 3.8 of this
	521	+	6 chapter, the court shall consider whether the factors described in
	522	+	7 section 4 of this chapter warrant the imposition of a bail amount that
	523	+	8 exceeds court or county guidelines, if applicable.
	524	+	9 SECTION 10. IC 35-33-8-3.7 IS ADDED TO THE INDIANA
	525	+	10 CODE AS A NEW SECTION TO READ AS FOLLOWS
	526	+	11 [EFFECTIVE JULY 1, 2022]: Sec. 3.7. (a) The Marion County
	527	+	12 violent arrestee pilot project is established in Marion County.
	528	+	13 (b) This section applies only to a violent arrestee who is arrested
	529	+	14 in Marion County.
	530	+	15 (c) The following definitions apply throughout this section:
	531	+	16 (1) "Crime of violence" means an offense:
	532	+	17 (A) described in IC 35-50-1-2(a); and
	533	+	18 (B) that is not a Level 6 felony under
	534	+	19 IC 35-44.1-3-1(c)(1)(A).
	535	+	20 (2) "Minimum bail amount" means:
	536	+	21 (A) the bail amount prescribed for a particular offense in
	537	+	22 the Marion County bail schedule; and
	538	+	23 (B) if the violent arrestee has a prior conviction for a crime
	539	+	24 of violence, twice the bail amount prescribed for a
	540	+	25 particular offense in the Marion County bail schedule for
	541	+	26 a violent arrestee without a prior conviction for a crime of
	542	+	27 violence;
	543	+	28 as applicable.
	544	+	29 (3) "Repeat violent arrestee" means a person arrested for or
	545	+	30 charged with a crime of violence who has a prior conviction
	546	+	31 for a crime of violence.
	547	+	32 (4) "Violent arrestee" means a person arrested for or charged
	548	+	33 with a crime of violence.
	549	+	34 (d) A violent arrestee may not be released pursuant to a bail
	550	+	35 schedule, and may only be released on bail set individually by the
	551	+	36 court following a hearing held in open court. Before releasing a
	552	+	37 violent arrestee on bail, the court must review the probable cause
	553	+	38 affidavit or arrest warrant.
	554	+	39 (e) A repeat violent arrestee may not be released pursuant to a
	555	+	40 bail schedule, and may only be released on bail set individually by
	556	+	41 the court following a hearing held in open court. Before releasing
	557	+	42 a repeat violent arrestee on bail, the court must review the
	558	+	EH 1300—LS 6885/DI 149 13
	559	+	1 probable cause affidavit or arrest warrant. If a court releases a
	560	+	2 repeat violent arrestee on bail, the court must impose bail in an
	561	+	3 amount that equals or exceeds the minimum bail amount for the
	562	+	4 repeat violent arrestee's most serious offense.
	563	+	5 (f) The court shall revoke bail or an order for release on
	564	+	6 personal recognizance upon proof by the state that:
	565	+	7 (1) the defendant is a violent arrestee; and
	566	+	8 (2) while admitted to bail, the defendant committed an
	567	+	9 additional felony.
	568	+	10 If the court revokes a defendant's bail under this subsection, the
	569	+	11 court may not release the defendant on bail until the final
	570	+	12 disposition of the defendant's original case.
	571	+	13 (g) Bail for the new felony offense committed by the violent
	572	+	14 arrestee described in subsection (f) must be set individually by the
	573	+	15 court following a hearing held in open court. In addition, if the new
	574	+	16 felony offense is a crime of violence, the court shall set the
	575	+	17 defendant's bail in an amount that equals or exceeds the minimum
	576	+	18 bail required for a repeat violent arrestee. Nothing in this
	577	+	19 subsection authorizes the release of the defendant until the final
	578	+	20 disposition of the defendant's original case described under
	579	+	21 subsection (f).
	580	+	22 (h) This section expires July 1, 2027.
	581	+	23 SECTION 11. IC 35-40-5-5 IS AMENDED TO READ AS
	582	+	24 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) A victim has the
	583	+	25 right to be heard at any proceeding involving sentencing, a
	584	+	26 postconviction release decision, or a pre-conviction release decision
	585	+	27 under a forensic diversion program.
	586	+	28 (b) A victim has the right to notice and to be heard at a
	587	+	29 proceeding to set bail for a:
	588	+	30 (1) sexually violent predator defendant under IC 35-33-8-3.5;
	589	+	31 (2) child molesting defendant under IC 35-33-8-3.5;
	590	+	32 (3) child solicitation defendant under IC 35-33-8-3.5; or
	591	+	33 (4) violent arrestee under IC 35-33-8-3.7.
	592	+	34 SECTION 12. An emergency is declared for this act.
	593	+	EH 1300—LS 6885/DI 149 14
	594	+	COMMITTEE REPORT
	595	+	Mr. Speaker: Your Committee on Financial Institutions and
	596	+	Insurance, to which was referred House Bill 1300, has had the same
	597	+	under consideration and begs leave to report the same back to the
	598	+	House with the recommendation that said bill be amended as follows:
	599	+	Page 4, delete lines 5 through 12.
	600	+	Renumber all SECTIONS consecutively.
	601	+	and when so amended that said bill do pass.
	602	+	(Reference is to HB 1300 as introduced.)
	603	+	CARBAUGH
	604	+	Committee Vote: yeas 12, nays 1.
	605	+	_____
	606	+	HOUSE MOTION
	607	+	Mr. Speaker: I move that House Bill 1300 be amended to read as
	608	+	follows:
	609	+	Page 4, line 2, delete "state general fund." and insert "bail bond
	610	+	enforcement and administration fund created by IC 27-10-5-1.".
	611	+	(Reference is to HB 1300 as printed January 25, 2022.)
	612	+	MAYFIELD
	613	+	_____
	614	+	HOUSE MOTION
	615	+	Mr. Speaker: I move that House Bill 1300 be amended to read as
	616	+	follows:
	617	+	Page 4, between lines 2 and 3, begin a new paragraph and insert:
	618	+	"(i) Any authorized employee of a charitable bail organization
	619	+	may only deposit cash bail to the court.".
	620	+	Page 4, line 3, delete "(i)" and insert "(j)".
	621	+	(Reference is to HB 1300 as printed January 25, 2022.)
	622	+	MAYFIELD
	623	+	EH 1300—LS 6885/DI 149 15
	624	+	HOUSE MOTION
	625	+	Mr. Speaker: I move that House Bill 1300 be amended to read as
	626	+	follows:
	627	+	Page 5, line 21, delete "person or entity" and insert "bail agent or
	628	+	a person authorized by the surety".
	629	+	Page 9, line 35, delete "individual or entity" and insert "bail agent
	630	+	or a person authorized by the surety".
	631	+	(Reference is to HB 1300 as printed January 25, 2022.)
	632	+	YOUNG J
	633	+	_____
	634	+	HOUSE MOTION
	635	+	Mr. Speaker: I move that House Bill 1300 be amended to read as
	636	+	follows:
	637	+	Page 3, line 17, delete ":" and insert "certified by the
	638	+	commissioner under this section before soliciting or accepting
	639	+	donations for bail for another person, and before depositing money
	640	+	for bail for another person.".
	641	+	Page 3, delete lines 18 through 22.
	642	+	(Reference is to HB 1300 as printed January 25, 2022.)
	643	+	AUSTIN
	644	+	_____
	645	+	COMMITTEE REPORT
	646	+	Madam President: The Senate Committee on Corrections and
	647	+	Criminal Law, to which was referred House Bill No. 1300, has had the
	648	+	same under consideration and begs leave to report the same back to the
	649	+	Senate with the recommendation that said bill be AMENDED as
	650	+	follows:
	651	+	Page 2, line 18, after "person" insert "who does not have a prior
	652	+	conviction for a crime of violence (as defined in IC 35-50-1-2(a)),
	653	+	or who is".
	654	+	Page 2, line 19, delete "a misdemeanor." and insert "an offense that
	655	+	is not a crime of violence (as defined by IC 35-50-1-2(a)).".
	656	+	Page 3, delete lines 1 through 11, begin a new paragraph and insert:
	657	+	"(f) The commissioner shall deny, suspend, revoke, or refuse to
	658	+	EH 1300—LS 6885/DI 149 16
71	659		renew certification for any of the following causes:
72	660		(1) Any cause for which issuance of the certification could
73	661		have been refused had it then existed and been known to the
74	662		commissioner.
75	663		(2) Violation of any laws of this state in the course of dealings
76	664		under the certification.
77	665		(3) Material misstatement, misrepresentation, or fraud in
78	666		obtaining the certification.
79		-	HEA 1300 — CC 1 3
80	667		(4) Misappropriation, conversion, or unlawful withholding of
81	668		money belonging to donors or others and received in the
82	669		conduct of business under the certification.
83	670		(5) Fraudulent or dishonest practices in the conduct of
84	671		business under the certification.
85	672		(6) Willful failure to comply with or willful violation of any
86	673		proper order or rule of the commissioner.
87	674		(7) When, in the judgment of the commissioner, the certificate
88	675		holder has, in the conduct of affairs under the certification,
89	676		demonstrated:
90	677		(A) incompetency or untrustworthiness;
91	678		(B) conduct or practices rendering the certificate holder
92	679		unfit to carry on charitable bail activities or making the
93	680		certificate holder's continuance detrimental to the public
94	681		interest; or
95	682		(C) that the certificate holder is no longer in good faith
96	683		carrying on as a charitable bail organization;
97	684		and for these reasons is found by the commissioner to be a
98	685		source of detriment, injury, or loss to the public.
99	686		(8) The listing of the name of the applicant or certificate
100	687		holder on the most recent tax warrant list supplied to the
101		-	commissioner by the department of state revenue.
102		-	(g) A charitable bail organization must comply with all of the
103		-	following:
104		-	(1) If the charitable bail organization pays, or intends to pay,
105		-	bail for more than three (3) individuals in any one hundred
106		-	eighty (180) day period, the charitable bail organization must
107		-	be certified by the commissioner under this section before
108		-	soliciting or accepting donations for bail for another person,
109		-	and before depositing money for bail for another person.
110		-	(2) A charitable bail organization may not pay bail for a
111		-	defendant who:
112		-	(A) is charged with a crime of violence; or
113		-	(B) is charged with a felony and has a prior conviction for
114		-	a crime of violence.
115		-	(3) A charitable bail organization may not execute a surety
116		-	bond for a defendant.
117		-	(4) A charitable bail organization shall, before paying bail for
118		-	an individual, execute an agreement described in
119		-	IC 35-33-8-3.2 allowing the court to retain all or a part of the
120		-	bail to pay publicly paid costs of representation and fines,
121		-	costs, fees, and restitution that the court may order the
122		-	HEA 1300 — CC 1 4
123		-	defendant to pay if the defendant is convicted.
124		-	(5) A charitable bail organization may not charge a premium
125		-	or receive any consideration for acting as a charitable bail
126		-	organization.
127		-	(h) All fees collected under this section must be deposited in the
128		-	bail bond enforcement and administration fund created by
129		-	IC 27-10-5-1.
130		-	(i) Any authorized employee of a charitable bail organization
131		-	may only deposit cash bail to the court.
132		-	(j) If an individual fails to appear, the bail shall be forfeited in
	688	+	commissioner by the department of state revenue.".
	689	+	Page 3, line 25, after "person" insert "who does not have a prior
	690	+	conviction for a crime of violence (as defined in IC 35-50-1-2(a)),
	691	+	or who is".
	692	+	Page 3, line 26, delete "a misdemeanor." and insert "an offense that
	693	+	is not a crime of violence (as defined by IC 35-50-1-2(a)).".
	694	+	Page 3, line 27, after "defendant" insert "who has a prior
	695	+	conviction for a crime of violence (as defined in IC 35-50-1-2(a)),
	696	+	or who is".
	697	+	Page 3, line 27, delete "felony," and insert "crime of violence,".
	698	+	Page 3, line 28, delete "a misdemeanor." and insert "an offense that
	699	+	is not a crime of violence (as defined by IC 35-50-1-2(a)).".
	700	+	Page 3, line 33, delete "allowing" and insert "requiring".
	701	+	EH 1300—LS 6885/DI 149 17
	702	+	Page 3, between lines 36 and 37, begin a new line block indented
	703	+	and insert:
	704	+	"(6) A charitable bail organization and the court shall comply
	705	+	with the requirements of IC 35-33-8-3.2(h).".
	706	+	Page 3, line 37, delete "(6)" and insert "(7)".
	707	+	Page 4, delete lines 3 through 4, begin a new paragraph and insert:
	708	+	"(j) If an individual fails to appear, the bail shall be forfeited in
133	709		the manner described in IC 35-33-8-7 and the court shall take the
134	710		steps described in IC 35-33-8-8.
135	711		SECTION 3. IC 27-10-2-4.6 IS ADDED TO THE INDIANA CODE
136	712		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
137	713		UPON PASSAGE]: Sec. 4.6. The commissioner shall adopt:
138	714		(1) before July 1, 2022, emergency rules under IC 4-22-2-37.1;
139	715		and
140	716		(2) rules under IC 4-22-2;
141		-	to implement section 4.5 of this chapter.
142		-	SECTION 4. IC 33-24-6-3, AS AMENDED BY HEA 1359-2022,
143		-	SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
144		-	JULY 1, 2022]: Sec. 3. (a) The office of judicial administration shall
145		-	do the following:
146		-	(1) Examine the administrative and business methods and systems
147		-	employed in the offices of the clerks of court and other offices
148		-	related to and serving the courts and make recommendations for
149		-	necessary improvement.
150		-	(2) Collect and compile statistical data and other information on
151		-	the judicial work of the courts in Indiana. All justices of the
152		-	supreme court, judges of the court of appeals, judges of all trial
153		-	courts, and any city or town courts, whether having general or
154		-	special jurisdiction, court clerks, court reporters, and other
155		-	officers and employees of the courts shall, upon notice by the
156		-	chief administrative officer and in compliance with procedures
157		-	prescribed by the chief administrative officer, furnish the chief
158		-	administrative officer the information as is requested concerning
159		-	the nature and volume of judicial business. The information must
160		-	include the following:
161		-	(A) The volume, condition, and type of business conducted by
162		-	the courts.
163		-	(B) The methods of procedure in the courts.
164		-	(C) The work accomplished by the courts.
165		-	HEA 1300 — CC 1 5
166		-	(D) The receipt and expenditure of public money by and for
167		-	the operation of the courts.
168		-	(E) The methods of disposition or termination of cases.
169		-	(3) Prepare and publish reports, not less than one (1) or more than
170		-	two (2) times per year, on the nature and volume of judicial work
171		-	performed by the courts as determined by the information
172		-	required in subdivision (2).
173		-	(4) Serve the judicial nominating commission and the judicial
174		-	qualifications commission in the performance by the commissions
175		-	of their statutory and constitutional functions.
176		-	(5) Administer the civil legal aid fund as required by IC 33-24-12.
177		-	(6) Administer the court technology fund established by section
178		-	12 of this chapter.
179		-	(7) By December 31, 2013, develop and implement a standard
180		-	protocol for sending and receiving court data:
181		-	(A) between the protective order registry, established by
182		-	IC 5-2-9-5.5, and county court case management systems;
183		-	(B) at the option of the county prosecuting attorney, for:
184		-	(i) a prosecuting attorney's case management system;
185		-	(ii) a county court case management system; and
186		-	(iii) a county court case management system developed and
187		-	operated by the office of judicial administration;
188		-	to interface with the electronic traffic tickets, as defined by
189		-	IC 9-30-3-2.5; and
190		-	(C) between county court case management systems and the
191		-	case management system developed and operated by the office
192		-	of judicial administration.
193		-	The standard protocol developed and implemented under this
194		-	subdivision shall permit private sector vendors, including vendors
195		-	providing service to a local system and vendors accessing the
196		-	system for information, to send and receive court information on
197		-	an equitable basis and at an equitable cost, and for a case
198		-	management system developed and operated by the office of
199		-	judicial administration, must include a searchable field for the
200		-	name and bail agent license number, if applicable, of the bail
201		-	agent or a person authorized by the surety that pays bail for
202		-	an individual as described in IC 35-33-8-3.2.
203		-	(8) Establish and administer an electronic system for receiving
204		-	information that relates to certain individuals who may be
205		-	prohibited from possessing a firearm for the purpose of:
206		-	(A) transmitting this information to the Federal Bureau of
207		-	Investigation for inclusion in the NICS; and
208		-	HEA 1300 — CC 1 6
209		-	(B) beginning July 1, 2021, compiling and publishing certain
210		-	statistics related to the confiscation and retention of firearms
211		-	as described under section 14 of this chapter.
212		-	(9) Establish and administer an electronic system for receiving
213		-	drug related felony conviction information from courts. The office
214		-	of judicial administration shall notify NPLEx of each drug related
215		-	felony entered after June 30, 2012, and do the following:
216		-	(A) Provide NPLEx with the following information:
217		-	(i) The convicted individual's full name.
218		-	(ii) The convicted individual's date of birth.
219		-	(iii) The convicted individual's driver's license number, state
220		-	personal identification number, or other unique number, if
221		-	available.
222		-	(iv) The date the individual was convicted of the felony.
223		-	Upon receipt of the information from the office of judicial
224		-	administration, a stop sale alert must be generated through
225		-	NPLEx for each individual reported under this clause.
226		-	(B) Notify NPLEx if the felony of an individual reported under
227		-	clause (A) has been:
228		-	(i) set aside;
229		-	(ii) reversed;
230		-	(iii) expunged; or
231		-	(iv) vacated.
232		-	Upon receipt of information under this clause, NPLEx shall
233		-	remove the stop sale alert issued under clause (A) for the
234		-	individual.
235		-	(10) After July 1, 2018, establish and administer an electronic
236		-	system for receiving from courts felony conviction information for
237		-	each felony described in IC 20-28-5-8(c). The office of judicial
238		-	administration shall notify the department of education at least
239		-	one (1) time each week of each felony described in
240		-	IC 20-28-5-8(c) entered after July 1, 2018, and do the following:
241		-	(A) Provide the department of education with the following
242		-	information:
243		-	(i) The convicted individual's full name.
244		-	(ii) The convicted individual's date of birth.
245		-	(iii) The convicted individual's driver's license number, state
246		-	personal identification number, or other unique number, if
247		-	available.
248		-	(iv) The date the individual was convicted of the felony.
249		-	(B) Notify the department of education if the felony of an
250		-	individual reported under clause (A) has been:
251		-	HEA 1300 — CC 1 7
252		-	(i) set aside;
253		-	(ii) reversed; or
254		-	(iii) vacated.
255		-	(11) Perform legal and administrative duties for the justices as
256		-	determined by the justices.
257		-	(12) Provide staff support for the judicial conference of Indiana
258		-	established in IC 33-38-9.
259		-	(13) Work with the United States Department of Veterans Affairs
260		-	to identify and address the needs of veterans in the court system.
261		-	(14) If necessary for purposes of IC 35-47-16-1, issue a retired
262		-	judicial officer an identification card identifying the retired
263		-	judicial officer as a retired judicial officer.
264		-	(15) Establish and administer the statewide juvenile justice data
265		-	aggregation plan established under section 12.5 of this chapter.
266		-	(b) All forms to be used in gathering data must be approved by the
267		-	supreme court and shall be distributed to all judges and clerks before
268		-	the start of each period for which reports are required.
269		-	(c) The office of judicial administration may adopt rules to
270		-	implement this section.
271		-	SECTION 5. IC 35-33-8-0.6 IS ADDED TO THE INDIANA CODE
	717	+	to implement section 4.5 of this chapter.".
	718	+	Page 7, between lines 2 and 3, begin a new paragraph and insert:
	719	+	"SECTION 4. IC 35-31.5-2-304 IS REPEALED [EFFECTIVE
	720	+	JULY 1, 2022]. Sec. 304. "Sexually violent predator defendant", for
	721	+	purposes of IC 35-33-8-3.5, has the meaning set forth in
	722	+	IC 35-33-8-3.5(b).
	723	+	SECTION 5. IC 35-31.5-2-351.7 IS ADDED TO THE INDIANA
	724	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	725	+	[EFFECTIVE JULY 1, 2022]: Sec. 351.7. "Violent defendant", for
	726	+	purposes of IC 35-33-8-3.5, has the meaning set forth in
	727	+	IC 35-33-8-3.5.
	728	+	SECTION 6. IC 35-33-8-0.6 IS ADDED TO THE INDIANA CODE
272	729		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
273	730		UPON PASSAGE]: Sec. 0.6. (a) Neither the state nor a political
274	731		subdivision (as defined in IC 36-1-2-13) may:
275	732		(1) post bail for any person; or
276		-	(2) for the purpose of posting bail for any person, provide a
277		-	grant or other funding, directly or indirectly, to an entity that
278		-	posts bail for any person.
279		-	(b) A person that accepts donations for the purpose of
280		-	depositing cash bail for another person may not accept a grant or
281		-	other funding, directly or indirectly, from a political subdivision.
282		-	SECTION 6. IC 35-33-8-3.2, AS AMENDED BY P.L.161-2018,
283		-	SECTION 115, IS AMENDED TO READ AS FOLLOWS
284		-	[EFFECTIVE JULY 1, 2022]: Sec. 3.2. (a) After considering the results
285		-	of the Indiana pretrial risk assessment system (if available), other
286		-	relevant factors, and bail guidelines described in section 3.8 of this
287		-	chapter, a court may admit a defendant to bail and impose any of the
288		-	following conditions to assure the defendant's appearance at any stage
289		-	of the legal proceedings, or, upon a showing of clear and convincing
290		-	evidence that the defendant poses a risk of physical danger to another
291		-	person or the community, to assure the public's physical safety:
292		-	(1) Require the defendant to:
293		-	(A) execute a bail bond with sufficient solvent sureties;
294		-	HEA 1300 — CC 1 8
295		-	(B) deposit cash or securities in an amount equal to the bail;
296		-	(C) execute a bond secured by real estate in the county, where
297		-	thirty-three hundredths (0.33) of the true tax value less
298		-	encumbrances is at least equal to the amount of the bail;
299		-	(D) post a real estate bond; or
300		-	(E) perform any combination of the requirements described in
301		-	clauses (A) through (D).
302		-	If the court requires the defendant to deposit cash or cash and
303		-	another form of security as bail, the court may require the
304		-	defendant and each person who makes the deposit on behalf of the
305		-	defendant to execute an agreement that allows the court to retain
306		-	all or a part of the cash to pay publicly paid costs of
307		-	representation and fines, costs, fees, and restitution that the court
308		-	may order the defendant to pay if the defendant is convicted.
309		-	Before execution of the agreement, the defendant or person
310		-	who makes the deposit on behalf of the defendant shall be
311		-	advised that, upon conviction of the defendant, the court may
312		-	retain from the cash deposited as bail all or a part of the cash
	733	+	(2) provide a grant or other funding to an entity that posts
	734	+	bail for any person.
	735	+	(b) No entity that has received a grant or funding from the state
	736	+	or a political subdivision (as defined in IC 36-1-2-13) may:
	737	+	(1) post bail for any person; or
	738	+	(2) provide a grant or other funding, directly or through
	739	+	another entity, to an entity that posts bail for any person.".
	740	+	Page 7, line 23, strike "may" and insert "shall".
	741	+	Page 7, line 25, strike "allows" and insert "requires".
	742	+	Page 9, line 7, strike "defendant." and insert "person who made the
	743	+	deposit.".
	744	+	EH 1300—LS 6885/DI 149 18
	745	+	Page 9, line 8, strike "defendant" and insert "person who made the
	746	+	deposit".
	747	+	Page 9, after line 37, begin a new paragraph and insert:
	748	+	"(h) This subsection applies only to bail paid by a charitable bail
	749	+	organization as defined by IC 27-10-2-4.5(a). If bail is paid by a
	750	+	charitable bail organization, the court shall:
	751	+	(1) require the charitable bail organization to execute an
	752	+	agreement requiring the court to retain all or part of the bail
313	753		to pay publicly paid costs of representation and fines, costs,
314		-	fees, and restitution that the court may order the defendant to
315		-	pay if the defendant is convicted. The defendant must also pay
316		-	the fee required by subsection (d).
317		-	(2) Require the defendant to execute:
318		-	(A) a bail bond by depositing cash or securities with the clerk
319		-	of the court in an amount not less than ten percent (10%) of
320		-	the bail; and
321		-	(B) an agreement that allows the court to retain all or a part of
322		-	the cash or securities to pay fines, costs, fees, and restitution
323		-	that the court may order the defendant to pay if the defendant
324		-	is convicted.
325		-	A portion of the deposit, not to exceed ten percent (10%) of the
326		-	monetary value of the deposit or fifty dollars ($50), whichever is
327		-	the lesser amount, may be retained as an administrative fee. The
328		-	clerk shall also retain from the deposit under this subdivision
329		-	fines, costs, fees, and restitution as ordered by the court, publicly
330		-	paid costs of representation that shall be disposed of in
331		-	accordance with subsection (b), and the fee required by
332		-	subsection (d). In the event of the posting of a real estate bond,
333		-	the bond shall be used only to insure the presence of the
334		-	defendant at any stage of the legal proceedings, but shall not be
335		-	foreclosed for the payment of fines, costs, fees, or restitution. The
336		-	individual posting bail for the defendant or the defendant
337		-	HEA 1300 — CC 1 9
338		-	admitted to bail under this subdivision must be notified by the
339		-	sheriff, court, or clerk that the defendant's deposit may be
340		-	forfeited under section 7 of this chapter or retained under
341		-	subsection (b).
342		-	(3) Impose reasonable restrictions on the activities, movements,
343		-	associations, and residence of the defendant during the period of
344		-	release.
345		-	(4) Except as provided in section 3.6 of this chapter, require the
346		-	defendant to refrain from any direct or indirect contact with an
347		-	individual and, if the defendant has been charged with an offense
348		-	under IC 35-46-3, any animal belonging to the individual,
349		-	including if the defendant has not been released from lawful
350		-	detention.
351		-	(5) Place the defendant under the reasonable supervision of a
352		-	probation officer, pretrial services agency, or other appropriate
353		-	public official. If the court places the defendant under the
354		-	supervision of a probation officer or pretrial services agency, the
355		-	court shall determine whether the defendant must pay the pretrial
356		-	services fee under section 3.3 of this chapter.
357		-	(6) Release the defendant into the care of a qualified person or
358		-	organization responsible for supervising the defendant and
359		-	assisting the defendant in appearing in court. The supervisor shall
360		-	maintain reasonable contact with the defendant in order to assist
361		-	the defendant in making arrangements to appear in court and,
362		-	where appropriate, shall accompany the defendant to court. The
363		-	supervisor need not be financially responsible for the defendant.
364		-	(7) Release the defendant on personal recognizance unless:
365		-	(A) the state presents evidence relevant to a risk by the
366		-	defendant:
367		-	(i) of nonappearance; or
368		-	(ii) to the physical safety of the public; and
369		-	(B) the court finds by a preponderance of the evidence that the
370		-	risk exists.
371		-	(8) Require a defendant charged with an offense under IC 35-46-3
372		-	to refrain from owning, harboring, or training an animal.
373		-	(9) Impose any other reasonable restrictions designed to assure
374		-	the defendant's presence in court or the physical safety of another
375		-	person or the community.
376		-	(b) Within thirty (30) days after disposition of the charges against
377		-	the defendant, the court that admitted the defendant to bail shall order
378		-	the clerk to remit the amount of the deposit remaining under subsection
379		-	(a)(2) to the defendant. person who made the deposit. The portion of
380		-	HEA 1300 — CC 1 10
381		-	the deposit that is not remitted to the defendant person who made the
382		-	deposit shall be deposited by the clerk in the supplemental public
383		-	defender services fund established under IC 33-40-3.
384		-	(c) For purposes of subsection (b), "disposition" occurs when the
385		-	indictment or information is dismissed or the defendant is acquitted or
386		-	convicted of the charges.
387		-	(d) Except as provided in subsection (e), the clerk of the court shall:
388		-	(1) collect a fee of five dollars ($5) from each bond or deposit
389		-	required under subsection (a)(1); and
390		-	(2) retain a fee of five dollars ($5) from each deposit under
391		-	subsection (a)(2).
392		-	The clerk of the court shall semiannually remit the fees collected under
393		-	this subsection to the board of trustees of the Indiana public retirement
394		-	system for deposit in the special death benefit fund. The fee required
395		-	by subdivision (2) is in addition to the administrative fee retained under
396		-	subsection (a)(2).
397		-	(e) With the approval of the clerk of the court, the county sheriff
398		-	may collect the bail posted under this section. The county sheriff shall
399		-	remit the bail to the clerk of the court by the following business day
400		-	and remit monthly the five dollar ($5) special death benefit fee to the
401		-	county auditor.
402		-	(f) When a court imposes a condition of bail described in subsection
403		-	(a)(4):
404		-	(1) the clerk of the court shall comply with IC 5-2-9; and
405		-	(2) the prosecuting attorney shall file a confidential form
406		-	prescribed or approved by the office of judicial administration
407		-	with the clerk.
408		-	(g) The clerk of the court shall record the name, address, and
409		-	bail agent license number, if applicable, of the bail agent or a
410		-	person authorized by the surety posting bail for the defendant in
411		-	the county court electronic case management system.
412		-	SECTION 7. An emergency is declared for this act.
413		-	HEA 1300 — CC 1 Speaker of the House of Representatives
414		-	President of the Senate
415		-	President Pro Tempore
416		-	Governor of the State of Indiana
417		-	Date: Time:
418		-	HEA 1300 — CC 1
	754	+	fees, probation fees, and restitution that the court has ordered
	755	+	the defendant to pay; and
	756	+	(2) retain all or part of the bail to pay publicly paid costs of
	757	+	representation and fines, costs, fees, probation fees, and
	758	+	restitution that the court has ordered the defendant to pay.
	759	+	SECTION 7. IC 35-33-8-3.5, AS AMENDED BY P.L.187-2017,
	760	+	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	761	+	JULY 1, 2022]: Sec. 3.5. (a) This section applies only to a sexually
	762	+	violent predator violent defendant.
	763	+	(b) As used in this section, "sexually violent predator "violent
	764	+	defendant" means a person who
	765	+	(1) is a sexually violent predator under IC 35-38-1-7.5; and
	766	+	(2) is arrested for or charged with the commission of an offense
	767	+	that would classify the person as a sex or violent offender (as
	768	+	defined in IC 11-8-8-5).
	769	+	is arrested for or charged with the commission of an offense:
	770	+	(1) described in IC 35-50-1-2(a); and
	771	+	(2) that is not a Level 6 felony under IC 35-44.1-3-1(c)(1)(A).
	772	+	(c) A court may not admit a violent defendant
	773	+	(1) sexually violent predator defendant;
	774	+	(2) person charged with child molesting (IC 35-42-4-3); or
	775	+	(3) person charged with child solicitation (IC 35-42-4-6);
	776	+	to bail until the court has conducted a bail hearing in open court.
	777	+	Except as provided in section 6 of this chapter, the court shall conduct
	778	+	a bail hearing not later than forty-eight (48) hours after the person has
	779	+	been arrested, unless exigent circumstances prevent holding the
	780	+	hearing within forty-eight (48) hours.
	781	+	(d) At the conclusion of the hearing described in subsection (c) and
	782	+	after consideration of the bail guidelines described in section 3.8 of this
	783	+	chapter, the court shall consider whether the factors described in
	784	+	section 4 of this chapter warrant the imposition of a bail amount that
	785	+	exceeds court or county guidelines, if applicable.
	786	+	SECTION 8. IC 35-33-8-3.7 IS ADDED TO THE INDIANA CODE
	787	+	EH 1300—LS 6885/DI 149 19
	788	+	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	789	+	1, 2022]: Sec. 3.7. (a) The Marion County violent arrestee pilot
	790	+	project is established in Marion County.
	791	+	(b) This section applies only to a violent arrestee who is arrested
	792	+	in Marion County.
	793	+	(c) The following definitions apply throughout this section:
	794	+	(1) "Crime of violence" means an offense:
	795	+	(A) described in IC 35-50-1-2(a); and
	796	+	(B) that is not a Level 6 felony under
	797	+	IC 35-44.1-3-1(c)(1)(A).
	798	+	(2) "Minimum bail amount" means:
	799	+	(A) the bail amount prescribed for a particular offense in
	800	+	the Marion County bail schedule; and
	801	+	(B) if the violent arrestee has a prior conviction for a crime
	802	+	of violence, twice the bail amount prescribed for a
	803	+	particular offense in the Marion County bail schedule for
	804	+	a violent arrestee without a prior conviction for a crime of
	805	+	violence;
	806	+	as applicable.
	807	+	(3) "Repeat violent arrestee" means a person arrested for or
	808	+	charged with a crime of violence who has a prior conviction
	809	+	for a crime of violence.
	810	+	(4) "Violent arrestee" means a person arrested for or charged
	811	+	with a crime of violence.
	812	+	(d) A violent arrestee may not be released pursuant to a bail
	813	+	schedule, and may only be released on bail set individually by the
	814	+	court following a hearing held in open court. Before releasing a
	815	+	violent arrestee on bail, the court must review the probable cause
	816	+	affidavit or arrest warrant.
	817	+	(e) A repeat violent arrestee may not be released pursuant to a
	818	+	bail schedule, and may only be released on bail set individually by
	819	+	the court following a hearing held in open court. Before releasing
	820	+	a repeat violent arrestee on bail, the court must review the
	821	+	probable cause affidavit or arrest warrant. If a court releases a
	822	+	repeat violent arrestee on bail, the court must impose bail in an
	823	+	amount that equals or exceeds the minimum bail amount for the
	824	+	repeat violent arrestee's most serious offense.
	825	+	(f) The court shall revoke bail or an order for release on
	826	+	personal recognizance upon proof by the state that:
	827	+	(1) the defendant is a violent arrestee; and
	828	+	(2) while admitted to bail, the defendant committed an
	829	+	additional felony.
	830	+	EH 1300—LS 6885/DI 149 20
	831	+	If the court revokes a defendant's bail under this subsection, the
	832	+	court may not release the defendant on bail until the final
	833	+	disposition of the defendant's original case.
	834	+	(g) Bail for the new felony offense committed by the violent
	835	+	arrestee described in subsection (f) must be set individually by the
	836	+	court following a hearing held in open court. In addition, if the new
	837	+	felony offense is a crime of violence, the court shall set the
	838	+	defendant's bail in an amount that equals or exceeds the minimum
	839	+	bail required for a repeat violent arrestee. Nothing in this
	840	+	subsection authorizes the release of the defendant until the final
	841	+	disposition of the defendant's original case described under
	842	+	subsection (f).
	843	+	(h) This section expires July 1, 2027.
	844	+	SECTION 9. IC 35-40-5-5 IS AMENDED TO READ AS
	845	+	FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) A victim has the
	846	+	right to be heard at any proceeding involving sentencing, a
	847	+	postconviction release decision, or a pre-conviction release decision
	848	+	under a forensic diversion program.
	849	+	(b) A victim has the right to notice and to be heard at a
	850	+	proceeding to set bail for a:
	851	+	(1) sexually violent predator defendant under IC 35-33-8-3.5;
	852	+	(2) child molesting defendant under IC 35-33-8-3.5;
	853	+	(3) child solicitation defendant under IC 35-33-8-3.5; or
	854	+	(4) violent arrestee under IC 35-33-8-3.7.
	855	+	SECTION 10. An emergency is declared for this act.".
	856	+	Renumber all SECTIONS consecutively.
	857	+	and when so amended that said bill do pass.
	858	+	(Reference is to HB 1300 as reprinted January 28, 2022.)
	859	+	YOUNG M, Chairperson
	860	+	Committee Vote: Yeas 5, Nays 2.
	861	+	EH 1300—LS 6885/DI 149