*SB0148.2*
January 25, 2022
SENATE BILL No. 148
_____
DIGEST OF SB 148 (Updated January 19, 2022 6:54 pm - DI 149)
Citations Affected: IC 5-4; IC 31-14; IC 33-37; IC 33-39.
Synopsis: Prosecuting attorneys. Permits a prosecuting attorney to
purchase a crime insurance policy instead of executing a surety bond.
Permits the department of child services or a prosecuting attorney to
file a paternity action in certain cases. Allows a prosecuting attorney to
request and use funds that are derived from a deferral program or
pretrial diversion program for expenses of the office of the prosecuting
attorney. Renames the drug prosecution fund as the substance abuse
prosecution fund. Requires a prosecuting attorney to investigate
information received about the commission of certain criminal
offenses. Allows a prosecuting attorney to issue or request a subpoena,
search warrant, or other process necessary to aid an investigation.
Broadens the types of expenses a county auditor shall pay the
prosecuting attorney in connection with a criminal case. Allows a
prosecuting attorney to appoint employees with the approval of the
county council. Allows the prosecuting attorneys council of Indiana to
call two conferences each year and specifies who may attend the
conferences. Requires that expenses incurred by a deputy prosecuting
attorney or an employee of a prosecuting attorney for attending a
conference held by the prosecuting attorneys council of Indiana be paid
by the county general fund. Requires the prosecuting attorneys council
of Indiana to conduct certain training. Allows a prosecuting attorney to
seek and receive grants and funding from any source to assist in the
discharge of duties of the office of the prosecuting attorney with the
consent of the county council. Provides a prosecuting attorney with
defense and indemnification in a disciplinary action for conduct that
occurred within the scope of employment.
Effective: July 1, 2022.
Koch
January 4, 2022, read first time and referred to Committee on Judiciary.
January 20, 2022, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
January 24, 2022, reassigned to Committee on Rules and Legislative Procedure pursuant
to Rule 68(b). Committee Report: Without recommendation, adopted.
SB 148—LS 6725/DI 149 January 25, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 148
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-4-1-2 IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The oath required by section
3 1 of this chapter, except in the case of a notary public or in those cases
4 specified in section 3 of this chapter, shall be endorsed on or attached
5 to the:
6 (1) commission;
7 (2) certificate if a certificate was issued under IC 3-10-7-34,
8 IC 3-12-4, or IC 3-12-5; or
9 (3) certificate of appointment pro tempore under IC 3-13-11-11;
10 signed by the person taking the oath, and certified to by the officer
11 before whom the oath was taken, who shall also deliver to the person
12 taking the oath a copy of the oath.
13 (b) A copy of the oath of office of a prosecuting attorney shall be
14 (1) recorded on the bond required by section 20 of this chapter; or
15 (2) attached to the commission of the prosecuting attorney.
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1 SECTION 2. IC 5-4-1-20 IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2022]: Sec. 20. (a) This section does not apply
3 if the person elected to the office of prosecuting attorney has
4 purchased a crime insurance policy to which all of the following
5 apply:
6 (1) The crime insurance policy:
7 (A) provides coverage for criminal acts or omissions
8 committed by:
9 (i) the prosecuting attorney; and
10 (ii) any employees of the prosecuting attorney, including
11 investigators, who are covered under an endorsement
12 described in clause (D);
13 (B) includes aggregate coverage sufficient to provide
14 coverage amounts specified for:
15 (i) the prosecuting attorney; and
16 (ii) any employees of the prosecuting attorney, including
17 investigators, who are covered under an endorsement
18 described in clause (D);
19 (C) is endorsed to cover the faithful performance of the
20 duties of the prosecuting attorney; and
21 (D) may be endorsed to cover the faithful performance of
22 the duties of employees of the prosecuting attorney,
23 including investigators.
24 (2) The cost of the crime insurance policy is paid by:
25 (A) the county; or
26 (B) if the judicial circuit is composed of more than one (1)
27 county, each county in the judicial circuit in the manner
28 provided by IC 33-38-5-3.
29 (3) The state is, for the sole purpose of recovering public
30 funds on behalf of a local government unit, named on the
31 crime insurance policy and any endorsements as a named
32 insured.
33 (b) A person elected to the office of prosecuting attorney shall
34 execute an individual surety bond for the faithful performance of the
35 duties of the office. The amount of the bond must be at least eight
36 thousand five hundred dollars ($8,500).
37 (b) (c) A person elected to the office of prosecuting attorney may
38 not take office until that person has filed a bond:
39 (1) in the office of the county recorder of the county in which the
40 person resides; and
41 (2) within ten (10) days after the bond is issued.
42 (c) (d) The cost of a bond shall be paid by the county. For multiple
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1 county judicial circuits, the cost shall be paid by each county in the
2 judicial circuit in the manner provided by IC 33-38-5-3.
3 (d) (e) A bond must be:
4 (1) executed by the person elected prosecuting attorney and one
5 (1) or more freehold sureties; and
6 (2) payable to the state as provided in section 10 of this chapter.
7 (e) (f) A bond is not void on first recovery, and suits may be brought
8 on the bond until the penalty is exhausted.
9 (f) (g) If a bond has been legally certified, any of the following have
10 the same effect in evidence as the bond:
11 (1) A copy of the bond.
12 (2) A record of the bond.
13 (3) A copy of a record of the bond.
14 (g) (h) The county recorder of the county in which the person
15 elected prosecuting attorney resides shall record the bond in an official
16 bond register.
17 SECTION 3. IC 31-14-4-3, AS AMENDED BY P.L.206-2015,
18 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 3. (a) The department or a prosecuting attorney
20 operating under an agreement or contract described in IC 31-25-4-13.1,
21 may file a paternity action as next friend of the child if:
22 (1) the mother;
23 (2) the person with whom the child resides; or
24 (3) the department; or
25 (4) the alleged father;
26 has executed an assignment of support rights or applied for IV-D
27 services under Title IV-D of the federal Social Security Act (42 U.S.C.
28 651 through 669) and IC 31-25-4-19.
29 (b) A filing under subsection (a) by the department or
30 prosecuting attorney must be made within the period that would
31 apply if the child were filing on the child's own behalf under
32 IC 31-14-5-2.
33 SECTION 4. IC 33-37-8-4, AS AMENDED BY P.L.187-2015,
34 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (b), upon
36 receipt of:
37 (1) monthly claims submitted on oath to the fiscal body by a
38 program listed in section 3(b) of this chapter; and
39 (2) a request by the prosecuting attorney;
40 the fiscal body of the city or town shall appropriate from the city or
41 town fund to the program the amount collected for the program fee
42 under IC 33-37-5.
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1 (b) Funds derived from a deferral program or a pretrial diversion
2 program may be disbursed only by the adoption of an ordinance
3 appropriating the funds must be disbursed by the fiscal body of the
4 city or town fund upon the request of the prosecuting attorney for
5 one (1) or more of the following purposes:
6 (1) Personnel expenses related to the operation of the program.
7 (2) Special training for:
8 (A) a the prosecuting attorney;
9 (B) a deputy prosecuting attorney;
10 (C) support staff for a the prosecuting attorney or deputy
11 prosecuting attorney; or
12 (D) a law enforcement officer.
13 (3) Employment of a deputy prosecutor or prosecutorial support
14 staff.
15 (4) Victim assistance.
16 (5) Electronic legal research.
17 (6) Office equipment, including computers, computer software,
18 communication devices, office machinery, furnishings, and office
19 supplies.
20 (7) Expenses of a criminal investigation and prosecution.
21 (8) An activity or program operated by the prosecuting attorney
22 that is intended to reduce or prevent criminal activity, including:
23 (A) substance abuse;
24 (B) child abuse;
25 (C) domestic violence;
26 (D) operating while intoxicated; and
27 (E) juvenile delinquency.
28 (9) The provision of evidence based mental health and addiction,
29 intellectual disability, developmental disability, autism, and
30 co-occurring autism and mental illness forensic treatment services
31 to reduce the risk of recidivism in a program administered or
32 coordinated by a provider certified or licensed by the division of
33 mental health and addiction or the division of disability and
34 rehabilitative services with expertise in providing evidence based
35 forensic treatment services.
36 (10) Any other purpose that benefits the office of the prosecuting
37 attorney or law enforcement and that is agreed upon by the county
38 fiscal body and the prosecuting attorney.
39 (c) Funds described in subsection (b) may be used only in
40 accordance with guidelines adopted by the prosecuting attorneys
41 council under IC 33-39-8-5.
42 SECTION 5. IC 33-37-8-6, AS AMENDED BY P.L.187-2015,
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1 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2022]: Sec. 6. (a) Except as provided in subsection (b), upon
3 receipt of:
4 (1) monthly claims submitted on oath to the fiscal body by a
5 program listed in section 5(b) of this chapter; and
6 (2) a request by the prosecuting attorney;
7 the county fiscal body shall appropriate from the county fund to the
8 program or fund the amount collected for the program under
9 IC 33-37-5.
10 (b) Funds derived from a deferral program or a pretrial diversion
11 program may be disbursed only by the adoption of an ordinance
12 appropriating the funds must be disbursed by the fiscal body of the
13 county fund upon the request of the prosecuting attorney for one
14 (1) or more of the following purposes:
15 (1) Personnel expenses related to the operation of the program.
16 (2) Special training for:
17 (A) a prosecuting attorney;
18 (B) a deputy prosecuting attorney;
19 (C) support staff for a prosecuting attorney or deputy
20 prosecuting attorney; or
21 (D) a law enforcement officer.
22 (3) Employment of a deputy prosecutor or prosecutorial support
23 staff.
24 (4) Victim assistance.
25 (5) Electronic legal research.
26 (6) Office equipment, including computers, computer software,
27 communication devices, office machinery, furnishings, and office
28 supplies.
29 (7) Expenses of a criminal investigation and prosecution.
30 (8) An activity or program operated by the prosecuting attorney
31 that is intended to reduce or prevent criminal activity, including:
32 (A) substance abuse;
33 (B) child abuse;
34 (C) domestic violence;
35 (D) operating while intoxicated; and
36 (E) juvenile delinquency.
37 (9) The provision of evidence based mental health and addiction,
38 intellectual disability, developmental disability, autism, and
39 co-occurring autism and mental illness forensic treatment services
40 to reduce the risk of recidivism in a program administered or
41 coordinated by a provider certified or licensed by the division of
42 mental health and addiction or the division of disability and
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1 rehabilitative services with expertise in providing evidence based
2 forensic treatment services.
3 (10) Any other purpose that benefits the office of the prosecuting
4 attorney or law enforcement and that is agreed upon by the county
5 fiscal body and the prosecuting attorney.
6 (c) Funds described in subsection (b) may be used only in
7 accordance with guidelines adopted by the prosecuting attorneys
8 council under IC 33-39-8-5.
9 SECTION 6. IC 33-37-9-4, AS AMENDED BY P.L.161-2018,
10 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 4. (a) The treasurer of state shall distribute
12 semiannually one million two hundred eighty-eight thousand dollars
13 ($1,288,000) of the amounts transferred to the state fund under section
14 3 of this chapter as follows:
15 (1) Fourteen and ninety-eight hundredths percent (14.98%) shall
16 be deposited into the alcohol and drug countermeasures fund
17 established by IC 9-27-2-11.
18 (2) Eight and forty-two hundredths percent (8.42%) shall be
19 deposited into the drug interdiction fund established by
20 IC 10-11-7-1.
21 (3) Four and sixty-eight hundredths percent (4.68%) shall be
22 deposited into the drug substance abuse prosecution fund
23 established by IC 33-39-8-6.
24 (4) Five and sixty-two hundredths percent (5.62%) shall be
25 deposited into the corrections drug abuse fund established by
26 IC 11-8-2-11.
27 (5) Twenty-two and forty-seven hundredths percent (22.47%)
28 shall be deposited into the state drug free communities fund
29 established by IC 5-2-10-2.
30 (6) Seven and ninety-eight hundredths percent (7.98%) shall be
31 distributed to the Indiana department of transportation for use
32 under IC 8-23-2-15.
33 (7) Twenty and thirty-two hundredths percent (20.32%) shall be
34 deposited in the family violence and victim assistance fund
35 established by IC 5-2-6.8-3.
36 (8) Fifteen and fifty-three hundredths percent (15.53%) shall be
37 deposited in the Indiana safe schools fund established by
38 IC 5-2-10.1.
39 (b) The treasurer of state shall distribute semiannually the amount
40 remaining after the distributions are made under subsection (a) to the
41 court technology fund established by IC 33-24-6-12.
42 SECTION 7. IC 33-39-1-3 IS AMENDED TO READ AS
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1 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. A person elected to
2 the office of prosecuting attorney, before entering upon the duties of
3 the office, shall execute a bond or crime insurance policy in the
4 manner prescribed by IC 5-4-1.
5 SECTION 8. IC 33-39-1-4, AS AMENDED BY P.L.84-2016,
6 SECTION 152, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) When a prosecuting attorney
8 receives information or an allegation of the commission of a felony,
9 or misdemeanor, act of delinquency, or infraction the prosecuting
10 attorney: shall cause process to issue from a court having jurisdiction
11 to issue the process to the proper officer, directing the officer to
12 subpoena the persons named in the process who are likely to have
13 information concerning the commission of the felony or misdemeanor.
14 The prosecuting attorney shall examine a person subpoenaed before the
15 court that issued the process concerning the offense.
16 (1) shall cause an investigation of the information or
17 allegation;
18 (2) may issue subpoenas ad testificandum; and
19 (3) may cause a court having jurisdiction to issue:
20 (A) subpoenas;
21 (B) subpoenas duces tecum;
22 (C) search warrants; and
23 (D) other process necessary to support or aid the
24 investigation.
25 (b) If the facts elicited under subsection (a) are sufficient to
26 establish a reasonable presumption of guilt against the party charged,
27 the court shall:
28 (1) cause the testimony that amounts to a charge of a felony or
29 misdemeanor to be reduced to writing and subscribed and sworn
30 to by the witness; and
31 (2) issue process for the apprehension of the accused, as in other
32 cases.
33 SECTION 9. IC 33-39-3-1 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. Except as provided
35 in section 2 of this chapter and upon the order of a judge trying a
36 criminal case, the county auditor shall pay to a prosecuting attorney,
37 from funds in the county treasury not otherwise appropriated and as a
38 part of the costs of the trial, an amount equal to the expenses
39 necessarily incurred by a prosecuting attorney in traveling to attend the
40 taking of any deposition in connection with the criminal action.
41 SECTION 10. IC 33-39-4-1 IS AMENDED TO READ AS
42 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The prosecuting
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1 attorney of any judicial circuit of Indiana may appoint one (1) or more
2 investigators an employee, including an investigator, with the
3 approval of the county council or councils. An investigator An
4 employee appointed under this section
5 (1) works under the direction of the prosecuting attorney. and
6 (2) may conduct investigations and assist in collecting and
7 assembling evidence that, in the judgment of the prosecuting
8 attorney, may be necessary for the successful prosecution of any
9 of the criminal offenders of the judicial circuit.
10 (b) An investigator appointed under this section who is not covered
11 by a crime insurance policy described in IC 5-4-1-20 shall give bond
12 in the sum of five thousand dollars ($5,000). and
13 (c) An investigator appointed under this section has the same
14 police powers within the county authorized by law to all police officers.
15 (c) (d) In each judicial circuit the salary or other compensation to be
16 paid an investigator appointed under this section shall be set by the
17 county council or councils. A county council or councils may not
18 reduce the number of investigators or compensation of any investigator
19 without approval of the prosecuting attorney.
20 SECTION 11. IC 33-39-6-1 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) Prosecuting
22 attorneys and deputy prosecuting attorneys are entitled to receive the
23 compensation provided in this chapter. The minimum compensation of
24 the prosecuting attorneys shall be paid in the manner prescribed in
25 section 5 of this chapter. The compensation of the deputy prosecuting
26 attorneys shall be paid in the manner prescribed in section 2 of this
27 chapter.
28 (b) Upon the allowance of an itemized and verified claim by the
29 board of county commissioners, the auditor of the county shall issue a
30 warrant to a prosecuting attorney or deputy prosecuting attorney who
31 filed the claim to pay any part of the compensation of a prosecuting
32 attorney or a deputy prosecuting attorney that exceeds the amount that
33 the state is to pay.
34 (c) A deputy prosecuting attorney who knowingly divides
35 compensation with the prosecuting attorney or any other officer or
36 person in connection with employment commits a Class B
37 misdemeanor.
38 (d) A prosecuting attorney or any other officer or person who
39 knowingly accepts any division of compensation described in
40 subsection (c) commits a Class B misdemeanor.
41 (e) The attorney general prosecuting attorneys council of Indiana
42 shall call at least one (1) and not more than two (2) conferences of the
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1 prosecuting attorneys, each year, to consider, discuss, and develop
2 coordinated plans for the enforcement of the laws of Indiana. The
3 conferences of the prosecuting attorneys are subject to the
4 following:
5 (1) The date or dates upon which the conferences are held shall
6 be fixed by the attorney general. prosecuting attorneys council
7 of Indiana.
8 (2) The expenses necessarily incurred by a prosecuting attorney,
9 a deputy prosecuting attorney, or an employee of a
10 prosecuting attorney in attending a conference, including the
11 actual expense of transportation to and from the place where the
12 conference is held, together with meals and lodging, shall be paid
13 from the general fund of the county upon the presentation of an
14 itemized and verified claim, filed as required by law, and by
15 warrant issued by the county auditor.
16 (3) If there is more than one (1) county in any judicial circuit, the
17 expenses of the prosecuting attorneys, deputy prosecuting
18 attorneys, and employees of the prosecuting attorneys incurred
19 by virtue of this subsection shall be paid from the general fund of
20 the respective counties constituting the circuit in the same
21 proportion that the classification factor of each county bears to the
22 classification factor of the judicial circuit as determined according
23 to law by the state board of accounts. as the populations of the
24 counties.
25 SECTION 12. IC 33-39-6-2, AS AMENDED BY P.L.78-2011,
26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 2. (a) A prosecuting attorney may appoint one (1)
28 chief deputy prosecuting attorney. The maximum annual salary paid by
29 the state of a chief deputy prosecuting attorney appointed under this
30 subsection is as follows:
31 (1) If the prosecuting attorney is a full-time prosecuting attorney
32 appointing a full-time chief deputy prosecuting attorney, the
33 annual salary of the chief deputy prosecuting attorney is equal to
34 seventy-five percent (75%) of the salary paid by the state to a
35 full-time prosecuting attorney.
36 (2) If the prosecuting attorney is a full-time prosecuting attorney
37 appointing a part-time chief deputy prosecuting attorney, the
38 annual salary of the chief deputy prosecuting attorney is equal to
39 seventy-five percent (75%) of the salary paid by the state to a
40 part-time prosecuting attorney serving the judicial district served
41 by the chief deputy prosecuting attorney.
42 (3) If the prosecuting attorney is a part-time prosecuting attorney
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1 appointing a full-time chief deputy prosecuting attorney, the
2 annual salary of the chief deputy prosecuting attorney is equal to
3 seventy-five percent (75%) of the salary paid by the state to a
4 full-time prosecuting attorney.
5 (4) If the prosecuting attorney is a part-time prosecuting attorney
6 appointing a part-time chief deputy prosecuting attorney, the
7 annual salary of the chief deputy prosecuting attorney is equal to
8 seventy-five percent (75%) of the salary paid by the state to a
9 part-time prosecuting attorney.
10 (b) The prosecuting attorney in a county in which is located at least
11 one (1) institution operated by the department of correction that houses
12 at least one thousand five hundred (1,500) offenders may appoint two
13 (2) additional deputy prosecuting attorneys. In a county having two (2)
14 institutions, each of which houses at least one thousand five hundred
15 (1,500) offenders, the prosecuting attorney may appoint a third deputy
16 prosecuting attorney.
17 (c) The prosecuting attorney in a county in which is located an
18 institution operated by the department of correction that houses at least
19 one hundred (100) but less than one thousand five hundred (1,500)
20 adult offenders may appoint one (1) additional deputy prosecuting
21 attorney.
22 (d) The prosecuting attorney in a county in which is located a state
23 institution (as defined in IC 12-7-2-184) that has a daily population of
24 at least three hundred fifty (350) patients may appoint one (1)
25 additional deputy prosecuting attorney.
26 (e) The prosecuting attorney of Cass County may appoint one (1)
27 additional deputy prosecuting attorney.
28 (f) The annual salary of a deputy prosecuting attorney appointed
29 under subsections (b) through (e) may not be less than seventy-five
30 percent (75%) of the annual salary of the appointing prosecuting
31 attorney, as determined under section 5 of this chapter as though the
32 prosecuting attorney had not elected full-time status.
33 (g) The salaries provided in this section shall be paid by the state
34 once every two (2) weeks from the state general fund. There is
35 appropriated annually out of the general fund of the state sufficient
36 funds to pay any amount necessary. However, the salaries fixed in this
37 chapter are determined to be maximum salaries to be paid by the state.
38 This chapter does not limit the power of counties comprising the
39 respective judicial circuits to pay additional salaries upon proper action
40 by the appropriate county officials.
41 (h) The various county councils shall appropriate annually for other
42 deputy prosecuting attorneys, investigators, clerical assistance, witness
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1 fees, out-of-state travel, postage, telephone tolls and telegraph, repairs
2 to equipment, office supplies, other operating expenses, and equipment
3 an amount necessary for the proper discharge of the duties imposed by
4 law upon the office of the prosecuting attorney of each judicial circuit.
5 (i) Each county council shall, upon the direction of the
6 prosecuting attorney, appropriate funds collected under
7 IC 33-39-1-8 as provided by IC 33-37-8.
8 (j) Prosecuting attorneys may seek and receive federal and state
9 grants to assist in the discharge of the duties imposed by law on the
10 office of the prosecuting attorney subject to the following:
11 (1) A prosecuting attorney shall obtain the consent of the
12 county council to seek and receive a state or federal grant.
13 (2) A county council may not withhold consent for a request
14 by a prosecuting attorney for a state or federal grant that is
15 to assist the prosecuting attorney in the discharge of duties.
16 (3) After an award and receipt of state or federal grants or
17 funds from sources other than the county general fund, a
18 county council shall, upon the direction of the prosecuting
19 attorney, appropriate the funds to permit the prosecuting
20 attorney to discharge the duties of the office of the
21 prosecuting attorney as provided in this section.
22 SECTION 13. IC 33-39-6-3 IS REPEALED [EFFECTIVE JULY 1,
23 2022]. Sec. 3. For purposes of fixing the salaries of the various
24 prosecuting attorneys under this chapter, each judicial circuit of the
25 state is:
26 (1) graded on the basis of population and gross assessed
27 valuation; and
28 (2) set up on the percentage ratio it bears to the state, the whole
29 state being considered as one hundred percent (100%).
30 SECTION 14. IC 33-39-6-4 IS REPEALED [EFFECTIVE JULY 1,
31 2022]. Sec. 4. (a) The nine (9) classes of the several judicial circuits of
32 the state as set out in this chapter are based on a unit factor system. The
33 factors are determined by the relations of the judicial circuit to the state
34 as established and certified to each county auditor by the state board of
35 accounts not later than June 20 of any calendar year. They are as
36 follows:
37 (1) Population.
38 (2) Gross assessed valuation as shown by the last preceding gross
39 assessed valuation as certified by the various counties to the
40 auditor of the state in the calendar year in which the calculation
41 is made.
42 (b) The factors for each of the nine (9) classes set out in this chapter
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1 shall be obtained as follows:
2 (1) The population of each judicial circuit shall be divided by the
3 population of the entire state.
4 (2) The gross assessed valuation of each judicial circuit shall be
5 divided by the gross assessed valuation of the entire state.
6 (3) The two (2) results thus obtained shall be added together and
7 the sum thus obtained for each judicial circuit shall be divided by
8 two (2).
9 (4) The final result so obtained, multiplied by one hundred (100),
10 shall determine the classification of each judicial circuit
11 according to the following schedule:
12 CLASSIFICATION FACTORS
13 HIGH LOW CLASS
14 NO LIMIT 8.00 1
15 ALL UNDER 8.00 2.25 2
16 ALL UNDER 2.25 1.25 3
17 ALL UNDER 1.25 .85 4
18 ALL UNDER .85 .70 5
19 ALL UNDER .70 .60 6
20 ALL UNDER .60 .50 7
21 ALL UNDER .50 .35 8
22 ALL UNDER .35 No limit 9
23 SECTION 15. IC 33-39-6-8 IS AMENDED TO READ AS
24 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The
25 compensation provided in this chapter for prosecuting attorneys and
26 their deputies is in full for all services required by law. Prosecuting
27 attorneys shall appear in all courts and in all cases where the law
28 provides that they shall appear.
29 (b) Prosecuting attorneys, deputy prosecuting attorneys, and
30 investigators, and other employees of prosecuting attorneys are
31 entitled to a sum for mileage for the miles necessarily traveled in the
32 discharge of their duties. The sum for mileage provided by this
33 subsection must:
34 (1) equal the sum per mile paid to state officers and employees,
35 with the rate changing each time the state government changes its
36 rate per mile;
37 (2) be allowed by the board of county commissioners on a claim
38 duly filed monthly by the prosecutor, deputy prosecuting
39 attorneys, and investigators, and other employees itemizing the
40 specific mileage traveled; and
41 (3) be paid by the county in which the duty arose that necessitated
42 the travel.
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1 (c) This chapter does not prohibit the payment of other expenses as
2 may be allowed by law.
3 (d) If a board of county commissioners does not furnish the
4 prosecuting attorney with office space, the county council shall
5 appropriate a reasonable amount of money per year to the prosecuting
6 attorney for office space.
7 SECTION 16. IC 33-39-8-5, AS AMENDED BY P.L.237-2015,
8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 5. The council shall do the following:
10 (1) Assist in the coordination of the duties of the prosecuting
11 attorneys of the state and their staffs.
12 (2) Prepare manuals of procedure.
13 (3) Give assistance in preparation of the trial briefs, forms, and
14 instructions.
15 (4) Conduct training for prosecuting attorneys and the staff
16 of prosecuting attorneys.
17 (4) (5) Conduct research and studies that would be of interest and
18 value to all prosecuting attorneys and their staffs.
19 (5) (6) Maintain liaison contact with study commissions and
20 agencies of all branches of local, state, and federal government
21 that will be of benefit to law enforcement and the fair
22 administration of justice in Indiana.
23 (6) (7) Adopt guidelines for the expenditure of funds derived from
24 a deferral program or a pretrial diversion program.
25 (7) (8) The council shall:
26 (A) compile forfeiture data received under IC 34-24-1-4.5; and
27 (B) annually submit a report to the legislative council
28 containing the compiled data.
29 The council shall submit the report to the legislative council before
30 July 15 of every year. The report must be in an electronic format under
31 IC 5-14-6. The council may adopt rules under IC 4-22-2 to implement
32 this subdivision.
33 SECTION 17. IC 33-39-8-6 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) The drug
35 substance abuse prosecution fund is established. The council shall
36 administer the fund. Expenditures from the fund may be made only in
37 accordance with appropriations made by the general assembly.
38 (b) The council may use money from the fund to provide assistance
39 to prosecuting attorneys to:
40 (1) investigate and prosecute violations of IC 35-48;
41 (2) bring actions for forfeiture, law enforcement costs, and
42 correction costs under IC 34-24-1;
SB 148—LS 6725/DI 149 14
1 (3) bring actions for civil and criminal remedies for a violation of
2 IC 35-45-6; and
3 (4) obtain training, equipment, and technical assistance that
4 would enhance the ability of prosecuting attorneys to reduce
5 illegal drug activity.
6 (c) The treasurer of state shall invest the money in the fund not
7 currently needed to meet the obligations of the fund in the same
8 manner as other public funds may be invested.
9 (d) Money in the fund at the end of a fiscal year does not revert to
10 the state general fund.
11 SECTION 18. IC 33-39-9-1 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. This chapter does not
13 apply to a threatened, pending, or completed action or a proceeding
14 that:
15 (1) results in the criminal conviction of; or
16 (2) is a disciplinary action or proceeding for conduct occurring
17 outside the scope of a prosecuting attorney's employment
18 against;
19 a prosecuting attorney.
SB 148—LS 6725/DI 149 15
COMMITTEE REPORT
Madam President: The Senate Committee on Judiciary, to which
was referred Senate Bill No. 148, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 3, line 19, after "3." insert "(a)".
Page 3, line 21, after "action" insert "as next friend of the child".
Page 3, line 26, delete "child".
Page 3, line 27, delete "support" and insert "IV-D".
Page 3, line 28, delete "669)." and insert "669) and IC 31-25-4-19.".
Page 3, between lines 28 and 29, begin a new paragraph and insert:
"(b) A filing under subsection (a) by the department or
prosecuting attorney must be made within the period that would
apply if the child were filing on the child's own behalf under
IC 31-14-5-2.".
Page 11, line 4, delete "grants and" and insert "federal and state
grants".
Page 11, line 5, delete "funding from any source".
Page 11, line 9, delete "grant or funding source." and insert "state
or federal grant.".
Page 11, line 11, delete "funding" and insert "a state or federal
grant".
Page 11, line 13, delete "grant funds" and insert "state or federal
grants".
Page 12, delete lines 20 through 42.
Page 13, delete lines 1 through 15.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 148 as introduced.)
BROWN L, Chairperson
Committee Vote: Yeas 6, Nays 5.
SB 148—LS 6725/DI 149 16
REPORT OF THE PRESIDENT
PRO TEMPORE
Madam President: Pursuant to Senate Rule 68(b), I hereby report
that Senate Bill 148, currently assigned to the Committee on
Appropriations, be reassigned to the Committee on Rules and
Legislative Procedure.
BRAY
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Rules and Legislative
Procedure, to which was referred Senate Bill 148, has had the same
under consideration and begs leave to report the same back to the
Senate without recommendation.
BRAY
SB 148—LS 6725/DI 149