*ES0148.1*
February 17, 2022
ENGROSSED
SENATE BILL No. 148
_____
DIGEST OF SB 148 (Updated February 16, 2022 3:13 pm - DI 131)
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. 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 the prosecuting attorneys council of Indiana to
conduct certain training. 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, Freeman
(HOUSE SPONSOR — STEUERWALD)
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.
January 27, 2022, read second time, ordered engrossed. Engrossed.
February 1, 2022, read third time, passed. Yeas 40, nays 9.
HOUSE ACTION
February 7, 2022, read first time and referred to Committee on Courts and Criminal Code.
February 17, 2022, amended, reported — Do Pass.
ES 148—LS 6725/DI 149 February 17, 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.
ENGROSSED
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.
ES 148—LS 6725/DI 149 2
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
ES 148—LS 6725/DI 149 3
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 33-37-9-4, AS AMENDED BY P.L.161-2018,
34 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 4. (a) The treasurer of state shall distribute
36 semiannually one million two hundred eighty-eight thousand dollars
37 ($1,288,000) of the amounts transferred to the state fund under section
38 3 of this chapter as follows:
39 (1) Fourteen and ninety-eight hundredths percent (14.98%) shall
40 be deposited into the alcohol and drug countermeasures fund
41 established by IC 9-27-2-11.
42 (2) Eight and forty-two hundredths percent (8.42%) shall be
ES 148—LS 6725/DI 149 4
1 deposited into the drug interdiction fund established by
2 IC 10-11-7-1.
3 (3) Four and sixty-eight hundredths percent (4.68%) shall be
4 deposited into the drug substance abuse prosecution fund
5 established by IC 33-39-8-6.
6 (4) Five and sixty-two hundredths percent (5.62%) shall be
7 deposited into the corrections drug abuse fund established by
8 IC 11-8-2-11.
9 (5) Twenty-two and forty-seven hundredths percent (22.47%)
10 shall be deposited into the state drug free communities fund
11 established by IC 5-2-10-2.
12 (6) Seven and ninety-eight hundredths percent (7.98%) shall be
13 distributed to the Indiana department of transportation for use
14 under IC 8-23-2-15.
15 (7) Twenty and thirty-two hundredths percent (20.32%) shall be
16 deposited in the family violence and victim assistance fund
17 established by IC 5-2-6.8-3.
18 (8) Fifteen and fifty-three hundredths percent (15.53%) shall be
19 deposited in the Indiana safe schools fund established by
20 IC 5-2-10.1.
21 (b) The treasurer of state shall distribute semiannually the amount
22 remaining after the distributions are made under subsection (a) to the
23 court technology fund established by IC 33-24-6-12.
24 SECTION 5. IC 33-39-1-3 IS AMENDED TO READ AS
25 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. A person elected to
26 the office of prosecuting attorney, before entering upon the duties of
27 the office, shall execute a bond or crime insurance policy in the
28 manner prescribed by IC 5-4-1.
29 SECTION 6. IC 33-39-1-4, AS AMENDED BY P.L.84-2016,
30 SECTION 152, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) When a prosecuting attorney
32 receives information or an allegation of the commission of a felony,
33 or misdemeanor, act of delinquency, or infraction the prosecuting
34 attorney: shall cause process to issue from a court having jurisdiction
35 to issue the process to the proper officer, directing the officer to
36 subpoena the persons named in the process who are likely to have
37 information concerning the commission of the felony or misdemeanor.
38 The prosecuting attorney shall examine a person subpoenaed before the
39 court that issued the process concerning the offense.
40 (1) shall cause an investigation of the information or
41 allegation;
42 (2) may issue subpoenas ad testificandum; and
ES 148—LS 6725/DI 149 5
1 (3) may cause a court having jurisdiction to issue:
2 (A) subpoenas;
3 (B) subpoenas duces tecum;
4 (C) search warrants; and
5 (D) other process necessary to support or aid the
6 investigation.
7 (b) If the facts elicited under subsection (a) are sufficient to
8 establish a reasonable presumption of guilt against the party charged,
9 the court shall:
10 (1) cause the testimony that amounts to a charge of a felony or
11 misdemeanor to be reduced to writing and subscribed and sworn
12 to by the witness; and
13 (2) issue process for the apprehension of the accused, as in other
14 cases.
15 SECTION 7. IC 33-39-3-1 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. Except as provided
17 in section 2 of this chapter and upon the order of a judge trying a
18 criminal case, the county auditor shall pay to a prosecuting attorney,
19 from funds in the county treasury not otherwise appropriated and as a
20 part of the costs of the trial, an amount equal to the expenses
21 necessarily incurred by a prosecuting attorney in traveling to attend the
22 taking of any deposition in connection with the criminal action.
23 SECTION 8. IC 33-39-4-1 IS AMENDED TO READ AS
24 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The prosecuting
25 attorney of any judicial circuit of Indiana may appoint one (1) or more
26 investigators an employee, including an investigator, with the
27 approval of the county council or councils. An investigator An
28 employee appointed under this section
29 (1) works under the direction of the prosecuting attorney. and
30 (2) may conduct investigations and assist in collecting and
31 assembling evidence that, in the judgment of the prosecuting
32 attorney, may be necessary for the successful prosecution of any
33 of the criminal offenders of the judicial circuit.
34 (b) An investigator appointed under this section who is not covered
35 by a crime insurance policy described in IC 5-4-1-20 shall give bond
36 in the sum of five thousand dollars ($5,000). and
37 (c) An investigator appointed under this section has the same
38 police powers within the county authorized by law to all police officers.
39 (c) (d) In each judicial circuit the salary or other compensation to be
40 paid an investigator appointed under this section shall be set by the
41 county council or councils. A county council or councils may not
42 reduce the number of investigators or compensation of any investigator
ES 148—LS 6725/DI 149 6
1 without approval of the prosecuting attorney.
2 SECTION 9. IC 33-39-6-1 IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) Prosecuting
4 attorneys and deputy prosecuting attorneys are entitled to receive the
5 compensation provided in this chapter. The minimum compensation of
6 the prosecuting attorneys shall be paid in the manner prescribed in
7 section 5 of this chapter. The compensation of the deputy prosecuting
8 attorneys shall be paid in the manner prescribed in section 2 of this
9 chapter.
10 (b) Upon the allowance of an itemized and verified claim by the
11 board of county commissioners, the auditor of the county shall issue a
12 warrant to a prosecuting attorney or deputy prosecuting attorney who
13 filed the claim to pay any part of the compensation of a prosecuting
14 attorney or a deputy prosecuting attorney that exceeds the amount that
15 the state is to pay.
16 (c) A deputy prosecuting attorney who knowingly divides
17 compensation with the prosecuting attorney or any other officer or
18 person in connection with employment commits a Class B
19 misdemeanor.
20 (d) A prosecuting attorney or any other officer or person who
21 knowingly accepts any division of compensation described in
22 subsection (c) commits a Class B misdemeanor.
23 (e) The attorney general prosecuting attorneys council of Indiana
24 shall call at least one (1) and not more than two (2) conferences of the
25 prosecuting attorneys, each year, to consider, discuss, and develop
26 coordinated plans for the enforcement of the laws of Indiana. The
27 conferences of the prosecuting attorneys are subject to the
28 following:
29 (1) The date or dates upon which the conferences are held shall
30 be fixed by the attorney general. prosecuting attorneys council
31 of Indiana.
32 (2) The expenses necessarily incurred by a prosecuting attorney
33 in attending a conference, including the actual expense of
34 transportation to and from the place where the conference is held,
35 together with meals and lodging, shall be paid from the general
36 fund of the county upon the presentation of an itemized and
37 verified claim, filed as required by law, and by warrant issued by
38 the county auditor.
39 (3) If there is more than one (1) county in any judicial circuit, the
40 expenses of the prosecuting attorneys incurred by virtue of this
41 subsection shall be paid from the general fund of the respective
42 counties constituting the circuit in the same proportion that the
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1 classification factor of each county bears to the classification
2 factor of the judicial circuit as determined according to law by the
3 state board of accounts. as the populations of the counties.
4 SECTION 10. IC 33-39-6-3 IS REPEALED [EFFECTIVE JULY 1,
5 2022]. Sec. 3. For purposes of fixing the salaries of the various
6 prosecuting attorneys under this chapter, each judicial circuit of the
7 state is:
8 (1) graded on the basis of population and gross assessed
9 valuation; and
10 (2) set up on the percentage ratio it bears to the state, the whole
11 state being considered as one hundred percent (100%).
12 SECTION 11. IC 33-39-6-4 IS REPEALED [EFFECTIVE JULY 1,
13 2022]. Sec. 4. (a) The nine (9) classes of the several judicial circuits of
14 the state as set out in this chapter are based on a unit factor system. The
15 factors are determined by the relations of the judicial circuit to the state
16 as established and certified to each county auditor by the state board of
17 accounts not later than June 20 of any calendar year. They are as
18 follows:
19 (1) Population.
20 (2) Gross assessed valuation as shown by the last preceding gross
21 assessed valuation as certified by the various counties to the
22 auditor of the state in the calendar year in which the calculation
23 is made.
24 (b) The factors for each of the nine (9) classes set out in this chapter
25 shall be obtained as follows:
26 (1) The population of each judicial circuit shall be divided by the
27 population of the entire state.
28 (2) The gross assessed valuation of each judicial circuit shall be
29 divided by the gross assessed valuation of the entire state.
30 (3) The two (2) results thus obtained shall be added together and
31 the sum thus obtained for each judicial circuit shall be divided by
32 two (2).
33 (4) The final result so obtained, multiplied by one hundred (100),
34 shall determine the classification of each judicial circuit
35 according to the following schedule:
36 CLASSIFICATION FACTORS
37 HIGH LOW CLASS
38 NO LIMIT 8.00 1
39 ALL UNDER 8.00 2.25 2
40 ALL UNDER 2.25 1.25 3
41 ALL UNDER 1.25 .85 4
42 ALL UNDER .85 .70 5
ES 148—LS 6725/DI 149 8
1 ALL UNDER .70 .60 6
2 ALL UNDER .60 .50 7
3 ALL UNDER .50 .35 8
4 ALL UNDER .35 No limit 9
5 SECTION 12. IC 33-39-6-8 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The
7 compensation provided in this chapter for prosecuting attorneys and
8 their deputies is in full for all services required by law. Prosecuting
9 attorneys shall appear in all courts and in all cases where the law
10 provides that they shall appear.
11 (b) Prosecuting attorneys, deputy prosecuting attorneys, and
12 investigators, and other employees of prosecuting attorneys are
13 entitled to a sum for mileage for the miles necessarily traveled in the
14 discharge of their duties. The sum for mileage provided by this
15 subsection must:
16 (1) equal the sum per mile paid to state officers and employees,
17 with the rate changing each time the state government changes its
18 rate per mile;
19 (2) be allowed by the board of county commissioners on a claim
20 duly filed monthly by the prosecutor, deputy prosecuting
21 attorneys, and investigators, and other employees itemizing the
22 specific mileage traveled; and
23 (3) be paid by the county in which the duty arose that necessitated
24 the travel.
25 (c) This chapter does not prohibit the payment of other expenses as
26 may be allowed by law.
27 (d) If a board of county commissioners does not furnish the
28 prosecuting attorney with office space, the county council shall
29 appropriate a reasonable amount of money per year to the prosecuting
30 attorney for office space.
31 SECTION 13. IC 33-39-8-5, AS AMENDED BY P.L.237-2015,
32 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 5. The council shall do the following:
34 (1) Assist in the coordination of the duties of the prosecuting
35 attorneys of the state and their staffs.
36 (2) Prepare manuals of procedure.
37 (3) Give assistance in preparation of the trial briefs, forms, and
38 instructions.
39 (4) Conduct training for prosecuting attorneys and the staff
40 of prosecuting attorneys.
41 (4) (5) Conduct research and studies that would be of interest and
42 value to all prosecuting attorneys and their staffs.
ES 148—LS 6725/DI 149 9
1 (5) (6) Maintain liaison contact with study commissions and
2 agencies of all branches of local, state, and federal government
3 that will be of benefit to law enforcement and the fair
4 administration of justice in Indiana.
5 (6) (7) Adopt guidelines for the expenditure of funds derived from
6 a deferral program or a pretrial diversion program.
7 (7) (8) The council shall:
8 (A) compile forfeiture data received under IC 34-24-1-4.5; and
9 (B) annually submit a report to the legislative council
10 containing the compiled data.
11 The council shall submit the report to the legislative council before
12 July 15 of every year. The report must be in an electronic format under
13 IC 5-14-6. The council may adopt rules under IC 4-22-2 to implement
14 this subdivision.
15 SECTION 14. IC 33-39-8-6 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) The drug
17 substance abuse prosecution fund is established. The council shall
18 administer the fund. Expenditures from the fund may be made only in
19 accordance with appropriations made by the general assembly.
20 (b) The council may use money from the fund to provide assistance
21 to prosecuting attorneys to:
22 (1) investigate and prosecute violations of IC 35-48;
23 (2) bring actions for forfeiture, law enforcement costs, and
24 correction costs under IC 34-24-1;
25 (3) bring actions for civil and criminal remedies for a violation of
26 IC 35-45-6; and
27 (4) obtain training, equipment, and technical assistance that
28 would enhance the ability of prosecuting attorneys to reduce
29 illegal drug activity.
30 (c) The treasurer of state shall invest the money in the fund not
31 currently needed to meet the obligations of the fund in the same
32 manner as other public funds may be invested.
33 (d) Money in the fund at the end of a fiscal year does not revert to
34 the state general fund.
35 SECTION 15. IC 33-39-9-1 IS AMENDED TO READ AS
36 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. This chapter does not
37 apply to a threatened, pending, or completed action or a proceeding
38 that:
39 (1) results in the criminal conviction of; or
40 (2) is a disciplinary action or proceeding for conduct occurring
41 outside the scope of a prosecuting attorney's employment
42 against;
ES 148—LS 6725/DI 149 10
1 a prosecuting attorney.
ES 148—LS 6725/DI 149 11
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.
ES 148—LS 6725/DI 149 12
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
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred Senate Bill 148, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 3, delete lines 33 through 42.
Delete pages 4 through 5.
Page 6, delete lines 1 through 8.
Page 9, line 8, delete "attorney," and insert "attorney".
Page 9, delete line 9.
Page 9, line 10, delete "prosecuting attorney".
Page 9, line 17, delete "attorneys," and insert "attorneys".
Page 9, line 17, delete "deputy prosecuting".
Page 9, line 18, delete "attorneys, and employees of the prosecuting
attorneys".
Page 9, delete lines 25 through 42.
Delete page 10.
Page 11, delete lines 1 through 21.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
ES 148—LS 6725/DI 149 13
(Reference is to SB 148 as printed January 25, 2022.)
MCNAMARA
Committee Vote: yeas 9, nays 0.
ES 148—LS 6725/DI 149