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
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 148
AN ACT to amend the Indiana Code concerning courts and court
officers.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-4-1-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The oath required by section
1 of this chapter, except in the case of a notary public or in those cases
specified in section 3 of this chapter, shall be endorsed on or attached
to the:
(1) commission;
(2) certificate if a certificate was issued under IC 3-10-7-34,
IC 3-12-4, or IC 3-12-5; or
(3) certificate of appointment pro tempore under IC 3-13-11-11;
signed by the person taking the oath, and certified to by the officer
before whom the oath was taken, who shall also deliver to the person
taking the oath a copy of the oath.
(b) A copy of the oath of office of a prosecuting attorney shall be
(1) recorded on the bond required by section 20 of this chapter; or
(2) attached to the commission of the prosecuting attorney.
SECTION 2. IC 5-4-1-20 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 20. (a) This section does not apply
if the person elected to the office of prosecuting attorney has
purchased a crime insurance policy to which all of the following
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apply:
(1) The crime insurance policy:
(A) provides coverage for criminal acts or omissions
committed by:
(i) the prosecuting attorney; and
(ii) any employees of the prosecuting attorney, including
investigators, who are covered under an endorsement
described in clause (D);
(B) includes aggregate coverage sufficient to provide
coverage amounts specified for:
(i) the prosecuting attorney; and
(ii) any employees of the prosecuting attorney, including
investigators, who are covered under an endorsement
described in clause (D);
(C) is endorsed to cover the faithful performance of the
duties of the prosecuting attorney; and
(D) may be endorsed to cover the faithful performance of
the duties of employees of the prosecuting attorney,
including investigators.
(2) The cost of the crime insurance policy is paid by:
(A) the county; or
(B) if the judicial circuit is composed of more than one (1)
county, each county in the judicial circuit in the manner
provided by IC 33-38-5-3.
(3) The state is, for the sole purpose of recovering public
funds on behalf of a local government unit, named on the
crime insurance policy and any endorsements as a named
insured.
(b) A person elected to the office of prosecuting attorney shall
execute an individual surety bond for the faithful performance of the
duties of the office. The amount of the bond must be at least eight
thousand five hundred dollars ($8,500).
(b) (c) A person elected to the office of prosecuting attorney may
not take office until that person has filed a bond:
(1) in the office of the county recorder of the county in which the
person resides; and
(2) within ten (10) days after the bond is issued.
(c) (d) The cost of a bond shall be paid by the county. For multiple
county judicial circuits, the cost shall be paid by each county in the
judicial circuit in the manner provided by IC 33-38-5-3.
(d) (e) A bond must be:
(1) executed by the person elected prosecuting attorney and one
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(1) or more freehold sureties; and
(2) payable to the state as provided in section 10 of this chapter.
(e) (f) A bond is not void on first recovery, and suits may be brought
on the bond until the penalty is exhausted.
(f) (g) If a bond has been legally certified, any of the following have
the same effect in evidence as the bond:
(1) A copy of the bond.
(2) A record of the bond.
(3) A copy of a record of the bond.
(g) (h) The county recorder of the county in which the person
elected prosecuting attorney resides shall record the bond in an official
bond register.
SECTION 3. IC 31-14-4-3, AS AMENDED BY P.L.206-2015,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) The department or a prosecuting attorney
operating under an agreement or contract described in IC 31-25-4-13.1,
may file a paternity action as next friend of the child if:
(1) the mother;
(2) the person with whom the child resides; or
(3) the department; or
(4) the alleged father;
has executed an assignment of support rights or applied for IV-D
services under Title IV-D of the federal Social Security Act (42 U.S.C.
651 through 669) and IC 31-25-4-19.
(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.
SECTION 4. IC 33-37-9-4, AS AMENDED BY P.L.161-2018,
SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 4. (a) The treasurer of state shall distribute
semiannually one million two hundred eighty-eight thousand dollars
($1,288,000) of the amounts transferred to the state fund under section
3 of this chapter as follows:
(1) Fourteen and ninety-eight hundredths percent (14.98%) shall
be deposited into the alcohol and drug countermeasures fund
established by IC 9-27-2-11.
(2) Eight and forty-two hundredths percent (8.42%) shall be
deposited into the drug interdiction fund established by
IC 10-11-7-1.
(3) Four and sixty-eight hundredths percent (4.68%) shall be
deposited into the drug substance abuse prosecution fund
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established by IC 33-39-8-6.
(4) Five and sixty-two hundredths percent (5.62%) shall be
deposited into the corrections drug abuse fund established by
IC 11-8-2-11.
(5) Twenty-two and forty-seven hundredths percent (22.47%)
shall be deposited into the state drug free communities fund
established by IC 5-2-10-2.
(6) Seven and ninety-eight hundredths percent (7.98%) shall be
distributed to the Indiana department of transportation for use
under IC 8-23-2-15.
(7) Twenty and thirty-two hundredths percent (20.32%) shall be
deposited in the family violence and victim assistance fund
established by IC 5-2-6.8-3.
(8) Fifteen and fifty-three hundredths percent (15.53%) shall be
deposited in the Indiana safe schools fund established by
IC 5-2-10.1.
(b) The treasurer of state shall distribute semiannually the amount
remaining after the distributions are made under subsection (a) to the
court technology fund established by IC 33-24-6-12.
SECTION 5. IC 33-39-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. A person elected to
the office of prosecuting attorney, before entering upon the duties of
the office, shall execute a bond or crime insurance policy in the
manner prescribed by IC 5-4-1.
SECTION 6. IC 33-39-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. Except as provided
in section 2 of this chapter and upon the order of a judge trying a
criminal case, the county auditor shall pay to a prosecuting attorney,
from funds in the county treasury not otherwise appropriated and as a
part of the costs of the trial, an amount equal to the expenses
necessarily incurred by a prosecuting attorney in traveling to attend the
taking of any deposition in connection with the criminal action.
SECTION 7. IC 33-39-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The prosecuting
attorney of any judicial circuit of Indiana may appoint one (1) or more
investigators an employee, including an investigator, with the
approval of the county council or councils. An investigator An
employee appointed under this section
(1) works under the direction of the prosecuting attorney. and
(2) may conduct investigations and assist in collecting and
assembling evidence that, in the judgment of the prosecuting
attorney, may be necessary for the successful prosecution of any
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of the criminal offenders of the judicial circuit.
(b) An investigator appointed under this section who is not covered
by a crime insurance policy described in IC 5-4-1-20 shall give bond
in the sum of five thousand dollars ($5,000). and
(c) An investigator appointed under this section has the same
police powers within the county authorized by law to all police officers.
(c) (d) In each judicial circuit the salary or other compensation to be
paid an investigator appointed under this section shall be set by the
county council or councils. A county council or councils may not
reduce the number of investigators or compensation of any investigator
without approval of the prosecuting attorney.
SECTION 8. IC 33-39-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) Prosecuting
attorneys and deputy prosecuting attorneys are entitled to receive the
compensation provided in this chapter. The minimum compensation of
the prosecuting attorneys shall be paid in the manner prescribed in
section 5 of this chapter. The compensation of the deputy prosecuting
attorneys shall be paid in the manner prescribed in section 2 of this
chapter.
(b) Upon the allowance of an itemized and verified claim by the
board of county commissioners, the auditor of the county shall issue a
warrant to a prosecuting attorney or deputy prosecuting attorney who
filed the claim to pay any part of the compensation of a prosecuting
attorney or a deputy prosecuting attorney that exceeds the amount that
the state is to pay.
(c) A deputy prosecuting attorney who knowingly divides
compensation with the prosecuting attorney or any other officer or
person in connection with employment commits a Class B
misdemeanor.
(d) A prosecuting attorney or any other officer or person who
knowingly accepts any division of compensation described in
subsection (c) commits a Class B misdemeanor.
(e) The attorney general prosecuting attorneys council of Indiana
shall call at least one (1) and not more than two (2) conferences of the
prosecuting attorneys, each year, to consider, discuss, and develop
coordinated plans for the enforcement of the laws of Indiana. The
conferences of the prosecuting attorneys are subject to the
following:
(1) The date or dates upon which the conferences are held shall
be fixed by the attorney general. prosecuting attorneys council
of Indiana.
(2) The expenses necessarily incurred by a prosecuting attorney
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in attending a conference, including the actual expense of
transportation to and from the place where the conference is held,
together with meals and lodging, shall be paid from the general
fund of the county upon the presentation of an itemized and
verified claim, filed as required by law, and by warrant issued by
the county auditor.
(3) If there is more than one (1) county in any judicial circuit, the
expenses of the prosecuting attorneys incurred by virtue of this
subsection shall be paid from the general fund of the respective
counties constituting the circuit in the same proportion that the
classification factor of each county bears to the classification
factor of the judicial circuit as determined according to law by the
state board of accounts. as the populations of the counties.
SECTION 9. IC 33-39-6-3 IS REPEALED [EFFECTIVE JULY 1,
2022]. Sec. 3. For purposes of fixing the salaries of the various
prosecuting attorneys under this chapter, each judicial circuit of the
state is:
(1) graded on the basis of population and gross assessed
valuation; and
(2) set up on the percentage ratio it bears to the state, the whole
state being considered as one hundred percent (100%).
SECTION 10. IC 33-39-6-4 IS REPEALED [EFFECTIVE JULY 1,
2022]. Sec. 4. (a) The nine (9) classes of the several judicial circuits of
the state as set out in this chapter are based on a unit factor system. The
factors are determined by the relations of the judicial circuit to the state
as established and certified to each county auditor by the state board of
accounts not later than June 20 of any calendar year. They are as
follows:
(1) Population.
(2) Gross assessed valuation as shown by the last preceding gross
assessed valuation as certified by the various counties to the
auditor of the state in the calendar year in which the calculation
is made.
(b) The factors for each of the nine (9) classes set out in this chapter
shall be obtained as follows:
(1) The population of each judicial circuit shall be divided by the
population of the entire state.
(2) The gross assessed valuation of each judicial circuit shall be
divided by the gross assessed valuation of the entire state.
(3) The two (2) results thus obtained shall be added together and
the sum thus obtained for each judicial circuit shall be divided by
two (2).
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(4) The final result so obtained, multiplied by one hundred (100),
shall determine the classification of each judicial circuit
according to the following schedule:
CLASSIFICATION FACTORS
HIGH LOW CLASS
NO LIMIT 8.00 1
ALL UNDER 8.00 2.25 2
ALL UNDER 2.25 1.25 3
ALL UNDER 1.25 .85 4
ALL UNDER .85 .70 5
ALL UNDER .70 .60 6
ALL UNDER .60 .50 7
ALL UNDER .50 .35 8
ALL UNDER .35 No limit 9
SECTION 11. IC 33-39-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The
compensation provided in this chapter for prosecuting attorneys and
their deputies is in full for all services required by law. Prosecuting
attorneys shall appear in all courts and in all cases where the law
provides that they shall appear.
(b) Prosecuting attorneys, deputy prosecuting attorneys, and
investigators, and other employees of prosecuting attorneys are
entitled to a sum for mileage for the miles necessarily traveled in the
discharge of their duties. The sum for mileage provided by this
subsection must:
(1) equal the sum per mile paid to state officers and employees,
with the rate changing each time the state government changes its
rate per mile;
(2) be allowed by the board of county commissioners on a claim
duly filed monthly by the prosecutor, deputy prosecuting
attorneys, and investigators, and other employees itemizing the
specific mileage traveled; and
(3) be paid by the county in which the duty arose that necessitated
the travel.
(c) This chapter does not prohibit the payment of other expenses as
may be allowed by law.
(d) If a board of county commissioners does not furnish the
prosecuting attorney with office space, the county council shall
appropriate a reasonable amount of money per year to the prosecuting
attorney for office space.
SECTION 12. IC 33-39-8-5, AS AMENDED BY P.L.237-2015,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2022]: Sec. 5. The council shall do the following:
(1) Assist in the coordination of the duties of the prosecuting
attorneys of the state and their staffs.
(2) Prepare manuals of procedure.
(3) Give assistance in preparation of the trial briefs, forms, and
instructions.
(4) Conduct training for prosecuting attorneys and the staff
of prosecuting attorneys.
(4) (5) Conduct research and studies that would be of interest and
value to all prosecuting attorneys and their staffs.
(5) (6) Maintain liaison contact with study commissions and
agencies of all branches of local, state, and federal government
that will be of benefit to law enforcement and the fair
administration of justice in Indiana.
(6) (7) Adopt guidelines for the expenditure of funds derived from
a deferral program or a pretrial diversion program.
(7) (8) The council shall:
(A) compile forfeiture data received under IC 34-24-1-4.5; and
(B) annually submit a report to the legislative council
containing the compiled data.
The council shall submit the report to the legislative council before
July 15 of every year. The report must be in an electronic format under
IC 5-14-6. The council may adopt rules under IC 4-22-2 to implement
this subdivision.
SECTION 13. IC 33-39-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) The drug
substance abuse prosecution fund is established. The council shall
administer the fund. Expenditures from the fund may be made only in
accordance with appropriations made by the general assembly.
(b) The council may use money from the fund to provide assistance
to prosecuting attorneys to:
(1) investigate and prosecute violations of IC 35-48;
(2) bring actions for forfeiture, law enforcement costs, and
correction costs under IC 34-24-1;
(3) bring actions for civil and criminal remedies for a violation of
IC 35-45-6; and
(4) obtain training, equipment, and technical assistance that
would enhance the ability of prosecuting attorneys to reduce
illegal drug activity.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
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(d) Money in the fund at the end of a fiscal year does not revert to
the state general fund.
SECTION 14. IC 33-39-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. This chapter does not
apply to a threatened, pending, or completed action or a proceeding
that:
(1) results in the criminal conviction of; or
(2) is a disciplinary action or proceeding for conduct occurring
outside the scope of a prosecuting attorney's employment
against;
a prosecuting attorney.
SEA 148 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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