Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in this style type. Also, the
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between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1300
AN ACT to amend the Indiana Code concerning insurance.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 27-10-2-4.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 4.1. The commissioner shall regulate a charitable bail
organization (as defined in section 4.5 of this chapter) in
accordance with section 4.5 of this chapter.
SECTION 2. IC 27-10-2-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 4.5. (a) The following definitions apply throughout
this section:
(1) "Charitable bail organization" means a business entity, or
a nonprofit organization under:
(A) the Internal Revenue Code; or
(B) Indiana law;
that exists for the purpose of paying cash bail for another
person. However, the term does not include a person who pays
cash bail for three (3) or fewer defendants in any one hundred
eighty (180) day period, or a person who pays bail for a
relative (as defined in IC 35-42-2-1(b)).
(2) "Crime of violence" has the meaning set forth in
IC 35-50-1-2(a).
(b) The commissioner may certify a charitable bail organization
if the charitable bail organization:
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(1) is a business entity, or a nonprofit organization under:
(A) the Internal Revenue Code; or
(B) Indiana law;
(2) is currently registered to do business in Indiana;
(3) is located in Indiana; and
(4) exists for the purpose of depositing cash bail for an
indigent defendant who:
(A) is not charged with a crime of violence; or
(B) if charged with a felony, does not have a prior
conviction for a crime of violence.
(c) A person may apply for certification under this section in
accordance with rules adopted under this section.
(d) The commissioner shall certify a person as a charitable bail
organization if the:
(1) person pays an application fee of three hundred dollars
($300);
(2) person meets the requirements of this section; and
(3) person, including an officer or director of the person, has
not engaged in conduct that:
(A) constitutes fraud, dishonesty, or deception;
(B) constitutes malfeasance, misfeasance, or nonfeasance
in dealing with money; or
(C) resulted in the suspension or revocation of a previous
certification.
(e) A charitable bail certification is valid for two (2) years from
the date of issuance and may be renewed upon payment of a
renewal fee of three hundred dollars ($300). If a person applies for
renewal before the expiration of the existing certification, the
existing certification remains valid until the commissioner renews
the certification, or until five (5) days after the commissioner
denies the application for renewal. A person is entitled to renewal
unless the commissioner denies the application for renewal under
subsection (f).
(f) The commissioner shall deny, suspend, revoke, or refuse to
renew certification for any of the following causes:
(1) Any cause for which issuance of the certification could
have been refused had it then existed and been known to the
commissioner.
(2) Violation of any laws of this state in the course of dealings
under the certification.
(3) Material misstatement, misrepresentation, or fraud in
obtaining the certification.
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(4) Misappropriation, conversion, or unlawful withholding of
money belonging to donors or others and received in the
conduct of business under the certification.
(5) Fraudulent or dishonest practices in the conduct of
business under the certification.
(6) Willful failure to comply with or willful violation of any
proper order or rule of the commissioner.
(7) When, in the judgment of the commissioner, the certificate
holder has, in the conduct of affairs under the certification,
demonstrated:
(A) incompetency or untrustworthiness;
(B) conduct or practices rendering the certificate holder
unfit to carry on charitable bail activities or making the
certificate holder's continuance detrimental to the public
interest; or
(C) that the certificate holder is no longer in good faith
carrying on as a charitable bail organization;
and for these reasons is found by the commissioner to be a
source of detriment, injury, or loss to the public.
(8) The listing of the name of the applicant or certificate
holder on the most recent tax warrant list supplied to the
commissioner by the department of state revenue.
(g) A charitable bail organization must comply with all of the
following:
(1) If the charitable bail organization pays, or intends to pay,
bail for more than three (3) individuals in any one hundred
eighty (180) day period, the charitable bail organization must
be certified by the commissioner under this section before
soliciting or accepting donations for bail for another person,
and before depositing money for bail for another person.
(2) A charitable bail organization may not pay bail for a
defendant who:
(A) is charged with a crime of violence; or
(B) is charged with a felony and has a prior conviction for
a crime of violence.
(3) A charitable bail organization may not execute a surety
bond for a defendant.
(4) A charitable bail organization shall, before paying bail for
an individual, execute an agreement described in
IC 35-33-8-3.2 allowing the court to retain all or a part of the
bail to pay publicly paid costs of representation and fines,
costs, fees, and restitution that the court may order the
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defendant to pay if the defendant is convicted.
(5) A charitable bail organization may not charge a premium
or receive any consideration for acting as a charitable bail
organization.
(h) All fees collected under this section must be deposited in the
bail bond enforcement and administration fund created by
IC 27-10-5-1.
(i) Any authorized employee of a charitable bail organization
may only deposit cash bail to the court.
(j) If an individual fails to appear, the bail shall be forfeited in
the manner described in IC 35-33-8-7 and the court shall take the
steps described in IC 35-33-8-8.
SECTION 3. IC 27-10-2-4.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.6. The commissioner shall adopt:
(1) before July 1, 2022, emergency rules under IC 4-22-2-37.1;
and
(2) rules under IC 4-22-2;
to implement section 4.5 of this chapter.
SECTION 4. IC 33-24-6-3, AS AMENDED BY HEA 1359-2022,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) The office of judicial administration shall
do the following:
(1) Examine the administrative and business methods and systems
employed in the offices of the clerks of court and other offices
related to and serving the courts and make recommendations for
necessary improvement.
(2) Collect and compile statistical data and other information on
the judicial work of the courts in Indiana. All justices of the
supreme court, judges of the court of appeals, judges of all trial
courts, and any city or town courts, whether having general or
special jurisdiction, court clerks, court reporters, and other
officers and employees of the courts shall, upon notice by the
chief administrative officer and in compliance with procedures
prescribed by the chief administrative officer, furnish the chief
administrative officer the information as is requested concerning
the nature and volume of judicial business. The information must
include the following:
(A) The volume, condition, and type of business conducted by
the courts.
(B) The methods of procedure in the courts.
(C) The work accomplished by the courts.
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(D) The receipt and expenditure of public money by and for
the operation of the courts.
(E) The methods of disposition or termination of cases.
(3) Prepare and publish reports, not less than one (1) or more than
two (2) times per year, on the nature and volume of judicial work
performed by the courts as determined by the information
required in subdivision (2).
(4) Serve the judicial nominating commission and the judicial
qualifications commission in the performance by the commissions
of their statutory and constitutional functions.
(5) Administer the civil legal aid fund as required by IC 33-24-12.
(6) Administer the court technology fund established by section
12 of this chapter.
(7) By December 31, 2013, develop and implement a standard
protocol for sending and receiving court data:
(A) between the protective order registry, established by
IC 5-2-9-5.5, and county court case management systems;
(B) at the option of the county prosecuting attorney, for:
(i) a prosecuting attorney's case management system;
(ii) a county court case management system; and
(iii) a county court case management system developed and
operated by the office of judicial administration;
to interface with the electronic traffic tickets, as defined by
IC 9-30-3-2.5; and
(C) between county court case management systems and the
case management system developed and operated by the office
of judicial administration.
The standard protocol developed and implemented under this
subdivision shall permit private sector vendors, including vendors
providing service to a local system and vendors accessing the
system for information, to send and receive court information on
an equitable basis and at an equitable cost, and for a case
management system developed and operated by the office of
judicial administration, must include a searchable field for the
name and bail agent license number, if applicable, of the bail
agent or a person authorized by the surety that pays bail for
an individual as described in IC 35-33-8-3.2.
(8) Establish and administer an electronic system for receiving
information that relates to certain individuals who may be
prohibited from possessing a firearm for the purpose of:
(A) transmitting this information to the Federal Bureau of
Investigation for inclusion in the NICS; and
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(B) beginning July 1, 2021, compiling and publishing certain
statistics related to the confiscation and retention of firearms
as described under section 14 of this chapter.
(9) Establish and administer an electronic system for receiving
drug related felony conviction information from courts. The office
of judicial administration shall notify NPLEx of each drug related
felony entered after June 30, 2012, and do the following:
(A) Provide NPLEx with the following information:
(i) The convicted individual's full name.
(ii) The convicted individual's date of birth.
(iii) The convicted individual's driver's license number, state
personal identification number, or other unique number, if
available.
(iv) The date the individual was convicted of the felony.
Upon receipt of the information from the office of judicial
administration, a stop sale alert must be generated through
NPLEx for each individual reported under this clause.
(B) Notify NPLEx if the felony of an individual reported under
clause (A) has been:
(i) set aside;
(ii) reversed;
(iii) expunged; or
(iv) vacated.
Upon receipt of information under this clause, NPLEx shall
remove the stop sale alert issued under clause (A) for the
individual.
(10) After July 1, 2018, establish and administer an electronic
system for receiving from courts felony conviction information for
each felony described in IC 20-28-5-8(c). The office of judicial
administration shall notify the department of education at least
one (1) time each week of each felony described in
IC 20-28-5-8(c) entered after July 1, 2018, and do the following:
(A) Provide the department of education with the following
information:
(i) The convicted individual's full name.
(ii) The convicted individual's date of birth.
(iii) The convicted individual's driver's license number, state
personal identification number, or other unique number, if
available.
(iv) The date the individual was convicted of the felony.
(B) Notify the department of education if the felony of an
individual reported under clause (A) has been:
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(i) set aside;
(ii) reversed; or
(iii) vacated.
(11) Perform legal and administrative duties for the justices as
determined by the justices.
(12) Provide staff support for the judicial conference of Indiana
established in IC 33-38-9.
(13) Work with the United States Department of Veterans Affairs
to identify and address the needs of veterans in the court system.
(14) If necessary for purposes of IC 35-47-16-1, issue a retired
judicial officer an identification card identifying the retired
judicial officer as a retired judicial officer.
(15) Establish and administer the statewide juvenile justice data
aggregation plan established under section 12.5 of this chapter.
(b) All forms to be used in gathering data must be approved by the
supreme court and shall be distributed to all judges and clerks before
the start of each period for which reports are required.
(c) The office of judicial administration may adopt rules to
implement this section.
SECTION 5. IC 35-33-8-0.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 0.6. (a) Neither the state nor a political
subdivision (as defined in IC 36-1-2-13) may:
(1) post bail for any person; or
(2) for the purpose of posting bail for any person, provide a
grant or other funding, directly or indirectly, to an entity that
posts bail for any person.
(b) A person that accepts donations for the purpose of
depositing cash bail for another person may not accept a grant or
other funding, directly or indirectly, from a political subdivision.
SECTION 6. IC 35-33-8-3.2, AS AMENDED BY P.L.161-2018,
SECTION 115, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3.2. (a) After considering the results
of the Indiana pretrial risk assessment system (if available), other
relevant factors, and bail guidelines described in section 3.8 of this
chapter, a court may admit a defendant to bail and impose any of the
following conditions to assure the defendant's appearance at any stage
of the legal proceedings, or, upon a showing of clear and convincing
evidence that the defendant poses a risk of physical danger to another
person or the community, to assure the public's physical safety:
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;
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(B) deposit cash or securities in an amount equal to the bail;
(C) execute a bond secured by real estate in the county, where
thirty-three hundredths (0.33) of the true tax value less
encumbrances is at least equal to the amount of the bail;
(D) post a real estate bond; or
(E) perform any combination of the requirements described in
clauses (A) through (D).
If the court requires the defendant to deposit cash or cash and
another form of security as bail, the court may require the
defendant and each person who makes the deposit on behalf of the
defendant to execute an agreement that allows the court to retain
all or a part of the cash to pay publicly paid costs of
representation and fines, costs, fees, and restitution that the court
may order the defendant to pay if the defendant is convicted.
Before execution of the agreement, the defendant or person
who makes the deposit on behalf of the defendant shall be
advised that, upon conviction of the defendant, the court may
retain from the cash deposited as bail all or a part of the cash
to pay publicly paid costs of representation and fines, costs,
fees, and restitution that the court may order the defendant to
pay if the defendant is convicted. The defendant must also pay
the fee required by subsection (d).
(2) Require the defendant to execute:
(A) a bail bond by depositing cash or securities with the clerk
of the court in an amount not less than ten percent (10%) of
the bail; and
(B) an agreement that allows the court to retain all or a part of
the cash or securities to pay fines, costs, fees, and restitution
that the court may order the defendant to pay if the defendant
is convicted.
A portion of the deposit, not to exceed ten percent (10%) of the
monetary value of the deposit or fifty dollars ($50), whichever is
the lesser amount, may be retained as an administrative fee. The
clerk shall also retain from the deposit under this subdivision
fines, costs, fees, and restitution as ordered by the court, publicly
paid costs of representation that shall be disposed of in
accordance with subsection (b), and the fee required by
subsection (d). In the event of the posting of a real estate bond,
the bond shall be used only to insure the presence of the
defendant at any stage of the legal proceedings, but shall not be
foreclosed for the payment of fines, costs, fees, or restitution. The
individual posting bail for the defendant or the defendant
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admitted to bail under this subdivision must be notified by the
sheriff, court, or clerk that the defendant's deposit may be
forfeited under section 7 of this chapter or retained under
subsection (b).
(3) Impose reasonable restrictions on the activities, movements,
associations, and residence of the defendant during the period of
release.
(4) Except as provided in section 3.6 of this chapter, require the
defendant to refrain from any direct or indirect contact with an
individual and, if the defendant has been charged with an offense
under IC 35-46-3, any animal belonging to the individual,
including if the defendant has not been released from lawful
detention.
(5) Place the defendant under the reasonable supervision of a
probation officer, pretrial services agency, or other appropriate
public official. If the court places the defendant under the
supervision of a probation officer or pretrial services agency, the
court shall determine whether the defendant must pay the pretrial
services fee under section 3.3 of this chapter.
(6) Release the defendant into the care of a qualified person or
organization responsible for supervising the defendant and
assisting the defendant in appearing in court. The supervisor shall
maintain reasonable contact with the defendant in order to assist
the defendant in making arrangements to appear in court and,
where appropriate, shall accompany the defendant to court. The
supervisor need not be financially responsible for the defendant.
(7) Release the defendant on personal recognizance unless:
(A) the state presents evidence relevant to a risk by the
defendant:
(i) of nonappearance; or
(ii) to the physical safety of the public; and
(B) the court finds by a preponderance of the evidence that the
risk exists.
(8) Require a defendant charged with an offense under IC 35-46-3
to refrain from owning, harboring, or training an animal.
(9) Impose any other reasonable restrictions designed to assure
the defendant's presence in court or the physical safety of another
person or the community.
(b) Within thirty (30) days after disposition of the charges against
the defendant, the court that admitted the defendant to bail shall order
the clerk to remit the amount of the deposit remaining under subsection
(a)(2) to the defendant. person who made the deposit. The portion of
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the deposit that is not remitted to the defendant person who made the
deposit shall be deposited by the clerk in the supplemental public
defender services fund established under IC 33-40-3.
(c) For purposes of subsection (b), "disposition" occurs when the
indictment or information is dismissed or the defendant is acquitted or
convicted of the charges.
(d) Except as provided in subsection (e), the clerk of the court shall:
(1) collect a fee of five dollars ($5) from each bond or deposit
required under subsection (a)(1); and
(2) retain a fee of five dollars ($5) from each deposit under
subsection (a)(2).
The clerk of the court shall semiannually remit the fees collected under
this subsection to the board of trustees of the Indiana public retirement
system for deposit in the special death benefit fund. The fee required
by subdivision (2) is in addition to the administrative fee retained under
subsection (a)(2).
(e) With the approval of the clerk of the court, the county sheriff
may collect the bail posted under this section. The county sheriff shall
remit the bail to the clerk of the court by the following business day
and remit monthly the five dollar ($5) special death benefit fee to the
county auditor.
(f) When a court imposes a condition of bail described in subsection
(a)(4):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the office of judicial administration
with the clerk.
(g) The clerk of the court shall record the name, address, and
bail agent license number, if applicable, of the bail agent or a
person authorized by the surety posting bail for the defendant in
the county court electronic case management system.
SECTION 7. An emergency is declared for this act.
HEA 1300 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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