Indiana 2023 Regular Session

Indiana House Bill HB1493 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1493.2
	2	+	April 14, 2023
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1493
	5	+	_____
	6	+	DIGEST OF HB 1493 (Updated April 13, 2023 10:07 am - DI 140)
	7	+	Citations Affected: IC 31-40; IC 33-23; IC 33-37; IC 33-40.
	8	+	Synopsis: Elimination of costs and fees in juvenile court. Provides that
	9	+	a parent is presumed indigent for purposes of parental payment or
	10	+	reimbursement for services provided by the department of child
	11	+	services to a child adjudicated delinquent or a child in need of services.
	12	+	Further provides that, when the department of correction is awarded
	13	+	wardship of a child, the juvenile court may not order a parent to pay or
	14	+	reimburse the department unless the juvenile court makes a specific
	15	+	finding that the parent is able to pay. Removes fees and costs
	16	+	associated with a child alleged to be a delinquent child from the
	17	+	supplemental public defender services fund and the public defense
	18	+	administration fee. Allows the alternative dispute resolution fund
	19	+	(fund) to be used for guardian ad litem services. Requires the court to
	20	+	determine whether, when a party is charged or convicted with a crime
	21	+	against the person, participation in services provided by the fund poses
	22	+	an unreasonable risk of harm. Makes conforming changes.
	23	+	Effective: July 1, 2023.
	24	+	McNamara, Steuerwald, Klinker,
	25	+	Morrison
	26	+	(SENATE SPONSORS — CRIDER, FORD JON)
	27	+	January 17, 2023, read first time and referred to Committee on Courts and Criminal Code.
	28	+	February 9, 2023, amended, reported — Do Pass.
	29	+	February 13, 2023, read second time, ordered engrossed.
	30	+	February 14, 2023, engrossed. Read third time, passed. Yeas 94, nays 0.
	31	+	SENATE ACTION
	32	+	February 27, 2023, read first time and referred to Committee on Family and Children
	33	+	Services.
	34	+	March 13, 2023, reported favorably — Do Pass; reassigned to Committee on
	35	+	Appropriations.
	36	+	April 13, 2023, reported favorably — Do Pass.
	37	+	EH 1493—LS 7015/DI 148 April 14, 2023
1	38		First Regular Session of the 123rd General Assembly (2023)
2	39		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	40		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	41		additions will appear in this style type, and deletions will appear in this style type.
5	42		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	43		provision adopted), the text of the new provision will appear in this style type. Also, the
7	44		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	45		a new provision to the Indiana Code or the Indiana Constitution.
9	46		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	47		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1493
12		-	AN ACT to amend the Indiana Code concerning courts and court
13		-	officers.
	48	+	ENGROSSED
	49	+	HOUSE BILL No. 1493
	50	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	51	+	courts and court officers.
14	52		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 31-40-1-3, AS AMENDED BY P.L.101-2022,
16		-	SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2023]: Sec. 3. (a) Subject to subsection (f), a parent or
18		-	guardian of the estate of a child adjudicated a delinquent child or a
19		-	child in need of services is financially responsible as provided in this
20		-	chapter (or IC 31-6-4-18(e) before its repeal) for any services provided
21		-	by or through the department.
22		-	(b) Each person described in subsection (a) shall, before a hearing
23		-	under subsection (c) concerning payment or reimbursement of costs,
24		-	furnish the court and the department with an accurately completed and
25		-	current child support obligation worksheet on the same form that is
26		-	prescribed by the Indiana supreme court for child support orders.
27		-	(c) At:
28		-	(1) a detention hearing;
29		-	(2) a hearing that is held after the payment of costs by the
30		-	department under section 2 of this chapter (or IC 31-6-4-18(b)
31		-	before its repeal);
32		-	(3) the dispositional hearing; or
33		-	(4) any other hearing to consider modification of a dispositional
34		-	decree;
35		-	the juvenile court shall may not order the child's parents or the
36		-	HEA 1493 2
37		-	guardian of the child's estate to pay for, or reimburse the department for
38		-	the cost of services provided to the child or the parent or guardian
39		-	unless the court makes a specific finding that the parent or guardian is
40		-	unable able to pay. or that justice would not be served by ordering
41		-	payment from the parent or guardian.
42		-	(d) Any parental reimbursement obligation under this section shall
43		-	be paid directly to the department and not to the local court clerk so
44		-	long as the child in need of services case or juvenile delinquency case
45		-	is open. The department shall keep track of all payments made by each
46		-	parent and shall provide a receipt for each payment received. At the
47		-	end of the child in need of services or juvenile delinquency action, the
48		-	department shall provide an accounting of payments received, and the
49		-	court may consider additional evidence of payment activity and
50		-	determine the amount of parental reimbursement obligation that
51		-	remains unpaid. The court shall reduce the unpaid balance to a final
52		-	judgment that may be enforced in any court having jurisdiction over
53		-	such matters.
54		-	(e) After a judgment for unpaid parental reimbursement obligation
55		-	is rendered, payments made toward satisfaction of the judgment shall
56		-	be made to the clerk of the court in the county where the enforcement
57		-	action is filed and shall be promptly forwarded to the department in the
58		-	same manner as any other judgment payment.
59		-	(f) A parent is presumed indigent unless a court makes a specific
60		-	finding that states otherwise.
61		-	SECTION 2. IC 31-40-1-3.5, AS ADDED BY P.L.204-2011,
62		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
63		-	JULY 1, 2023]: Sec. 3.5. (a) If a juvenile court:
64		-	(1) adjudicates a child to be a delinquent child; and
65		-	(2) awards wardship of the child to the department of correction;
66		-	the juvenile court may conduct a hearing. The juvenile court shall use
67		-	the Child Support Rules and Guidelines of the Indiana supreme court
68		-	and the child support obligation worksheet developed by the Indiana
69		-	supreme court to determine what each parent should pay for the
70		-	services provided for the child under this section. If the parent
71		-	participates with the treatment plans developed by the department of
72		-	correction, the parent or parents are entitled to receive a parenting time
73		-	credit under the Child Support Rules and Guidelines. The hearing may
74		-	be conducted before or after the department of correction incurs costs
75		-	for a child.
76		-	(b) Each parent shall, before a hearing under subsection (a), furnish
77		-	the juvenile court and the department of correction with an accurately
78		-	completed and current child support obligation worksheet on the same
79		-	HEA 1493 3
80		-	form that is prescribed by the Indiana supreme court for child support
81		-	orders.
82		-	(c) A juvenile court may not order a parent to pay or reimburse the
83		-	department of correction if unless the juvenile court makes a specific
84		-	finding that the parent is unable able to pay. or that justice would not
85		-	be served by ordering payment from the parent.
86		-	(d) If, after a hearing, the juvenile court orders a parent to pay or
87		-	reimburse costs, the parent is financially responsible for the costs of
88		-	treatment services incurred by the department of correction.
89		-	(e) Any parental reimbursement obligation under this section shall
90		-	be paid directly to the clerk of the court so long as the juvenile
91		-	delinquency case is open. The clerk of the court shall keep track of all
92		-	payments made by each parent and shall provide a receipt for each
93		-	payment received. At the end of the juvenile delinquency action, the
94		-	clerk of the court shall provide an accounting of payments received,
95		-	and the juvenile court may consider additional evidence of payment
96		-	activity and determine the amount of parental reimbursement
97		-	obligation that remains unpaid. The juvenile court shall reduce the
98		-	unpaid balance to a final judgment that may be enforced in any court
99		-	having jurisdiction over such matters.
100		-	(f) After a judgment for unpaid parental reimbursement obligation
101		-	is rendered, payments made toward satisfaction of the judgment shall
102		-	be made to the clerk of the court in the county where the enforcement
103		-	action is filed and shall be forwarded promptly to the department of
104		-	correction in the same manner as any other judgment payment.
105		-	(g) The department of correction may compromise a claim owed by
106		-	a parent under this section. The department of correction, after
107		-	obtaining the advice of the attorney general, may notify the court of a
108		-	parental reimbursement obligation that is willfully ignored.
109		-	(h) Upon release from the department of correction, the parental
110		-	reimbursement obligation payment to the department of correction
111		-	ends. If there was a child support order for the child adjudicated
112		-	delinquent, it reverts to the most recent child support order in effect
113		-	before the child's adjudication. If the child is placed with a person other
114		-	than a custodial parent, the juvenile court shall establish a new support
115		-	order for the benefit of the child being released from the department of
116		-	correction.
117		-	(i) The department of correction shall deposit money collected
118		-	under this section in the division of youth services transitional services
119		-	fund established by IC 11-10-2-11.
120		-	SECTION 3. IC 33-23-6-2, AS AMENDED BY P.L.142-2020,
	53	+	1 SECTION 1. IC 31-40-1-3, AS AMENDED BY P.L.101-2022,
	54	+	2 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	55	+	3 JULY 1, 2023]: Sec. 3. (a) Subject to subsection (f), a parent or
	56	+	4 guardian of the estate of a child adjudicated a delinquent child or a
	57	+	5 child in need of services is financially responsible as provided in this
	58	+	6 chapter (or IC 31-6-4-18(e) before its repeal) for any services provided
	59	+	7 by or through the department.
	60	+	8 (b) Each person described in subsection (a) shall, before a hearing
	61	+	9 under subsection (c) concerning payment or reimbursement of costs,
	62	+	10 furnish the court and the department with an accurately completed and
	63	+	11 current child support obligation worksheet on the same form that is
	64	+	12 prescribed by the Indiana supreme court for child support orders.
	65	+	13 (c) At:
	66	+	14 (1) a detention hearing;
	67	+	15 (2) a hearing that is held after the payment of costs by the
	68	+	16 department under section 2 of this chapter (or IC 31-6-4-18(b)
	69	+	17 before its repeal);
	70	+	EH 1493—LS 7015/DI 148 2
	71	+	1 (3) the dispositional hearing; or
	72	+	2 (4) any other hearing to consider modification of a dispositional
	73	+	3 decree;
	74	+	4 the juvenile court shall may not order the child's parents or the
	75	+	5 guardian of the child's estate to pay for, or reimburse the department for
	76	+	6 the cost of services provided to the child or the parent or guardian
	77	+	7 unless the court makes a specific finding that the parent or guardian is
	78	+	8 unable able to pay. or that justice would not be served by ordering
	79	+	9 payment from the parent or guardian.
	80	+	10 (d) Any parental reimbursement obligation under this section shall
	81	+	11 be paid directly to the department and not to the local court clerk so
	82	+	12 long as the child in need of services case or juvenile delinquency case
	83	+	13 is open. The department shall keep track of all payments made by each
	84	+	14 parent and shall provide a receipt for each payment received. At the
	85	+	15 end of the child in need of services or juvenile delinquency action, the
	86	+	16 department shall provide an accounting of payments received, and the
	87	+	17 court may consider additional evidence of payment activity and
	88	+	18 determine the amount of parental reimbursement obligation that
	89	+	19 remains unpaid. The court shall reduce the unpaid balance to a final
	90	+	20 judgment that may be enforced in any court having jurisdiction over
	91	+	21 such matters.
	92	+	22 (e) After a judgment for unpaid parental reimbursement obligation
	93	+	23 is rendered, payments made toward satisfaction of the judgment shall
	94	+	24 be made to the clerk of the court in the county where the enforcement
	95	+	25 action is filed and shall be promptly forwarded to the department in the
	96	+	26 same manner as any other judgment payment.
	97	+	27 (f) A parent is presumed indigent unless a court makes a specific
	98	+	28 finding that states otherwise.
	99	+	29 SECTION 2. IC 31-40-1-3.5, AS ADDED BY P.L.204-2011,
	100	+	30 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	101	+	31 JULY 1, 2023]: Sec. 3.5. (a) If a juvenile court:
	102	+	32 (1) adjudicates a child to be a delinquent child; and
	103	+	33 (2) awards wardship of the child to the department of correction;
	104	+	34 the juvenile court may conduct a hearing. The juvenile court shall use
	105	+	35 the Child Support Rules and Guidelines of the Indiana supreme court
	106	+	36 and the child support obligation worksheet developed by the Indiana
	107	+	37 supreme court to determine what each parent should pay for the
	108	+	38 services provided for the child under this section. If the parent
	109	+	39 participates with the treatment plans developed by the department of
	110	+	40 correction, the parent or parents are entitled to receive a parenting time
	111	+	41 credit under the Child Support Rules and Guidelines. The hearing may
	112	+	42 be conducted before or after the department of correction incurs costs
	113	+	EH 1493—LS 7015/DI 148 3
	114	+	1 for a child.
	115	+	2 (b) Each parent shall, before a hearing under subsection (a), furnish
	116	+	3 the juvenile court and the department of correction with an accurately
	117	+	4 completed and current child support obligation worksheet on the same
	118	+	5 form that is prescribed by the Indiana supreme court for child support
	119	+	6 orders.
	120	+	7 (c) A juvenile court may not order a parent to pay or reimburse the
	121	+	8 department of correction if unless the juvenile court makes a specific
	122	+	9 finding that the parent is unable able to pay. or that justice would not
	123	+	10 be served by ordering payment from the parent.
	124	+	11 (d) If, after a hearing, the juvenile court orders a parent to pay or
	125	+	12 reimburse costs, the parent is financially responsible for the costs of
	126	+	13 treatment services incurred by the department of correction.
	127	+	14 (e) Any parental reimbursement obligation under this section shall
	128	+	15 be paid directly to the clerk of the court so long as the juvenile
	129	+	16 delinquency case is open. The clerk of the court shall keep track of all
	130	+	17 payments made by each parent and shall provide a receipt for each
	131	+	18 payment received. At the end of the juvenile delinquency action, the
	132	+	19 clerk of the court shall provide an accounting of payments received,
	133	+	20 and the juvenile court may consider additional evidence of payment
	134	+	21 activity and determine the amount of parental reimbursement
	135	+	22 obligation that remains unpaid. The juvenile court shall reduce the
	136	+	23 unpaid balance to a final judgment that may be enforced in any court
	137	+	24 having jurisdiction over such matters.
	138	+	25 (f) After a judgment for unpaid parental reimbursement obligation
	139	+	26 is rendered, payments made toward satisfaction of the judgment shall
	140	+	27 be made to the clerk of the court in the county where the enforcement
	141	+	28 action is filed and shall be forwarded promptly to the department of
	142	+	29 correction in the same manner as any other judgment payment.
	143	+	30 (g) The department of correction may compromise a claim owed by
	144	+	31 a parent under this section. The department of correction, after
	145	+	32 obtaining the advice of the attorney general, may notify the court of a
	146	+	33 parental reimbursement obligation that is willfully ignored.
	147	+	34 (h) Upon release from the department of correction, the parental
	148	+	35 reimbursement obligation payment to the department of correction
	149	+	36 ends. If there was a child support order for the child adjudicated
	150	+	37 delinquent, it reverts to the most recent child support order in effect
	151	+	38 before the child's adjudication. If the child is placed with a person other
	152	+	39 than a custodial parent, the juvenile court shall establish a new support
	153	+	40 order for the benefit of the child being released from the department of
	154	+	41 correction.
	155	+	42 (i) The department of correction shall deposit money collected
	156	+	EH 1493—LS 7015/DI 148 4
	157	+	1 under this section in the division of youth services transitional services
	158	+	2 fund established by IC 11-10-2-11.
	159	+	3 SECTION 3. IC 33-23-6-2, AS AMENDED BY P.L.142-2020,
	160	+	4 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	161	+	5 JULY 1, 2023]: Sec. 2. (a) In each county participating in the program
	162	+	6 under this chapter, there is established an alternative dispute resolution
	163	+	7 fund for each of the following:
	164	+	8 (1) The circuit court.
	165	+	9 (2) The superior court.
	166	+	10 (3) The probate court established by IC 33-31-1.
	167	+	11 (b) Notwithstanding subsection (a), if more than one (1) court
	168	+	12 exercises jurisdiction over domestic relations and paternity cases in a
	169	+	13 county, one (1) alternative dispute resolution fund may be established
	170	+	14 to be used by all the courts to implement this chapter if:
	171	+	15 (1) the:
	172	+	16 (A) county auditor; and
	173	+	17 (B) judge of each court that exercises jurisdiction over
	174	+	18 domestic relations and paternity cases in the county;
	175	+	19 agree to establish one (1) fund; and
	176	+	20 (2) the agreement to establish the fund is included in the plan
	177	+	21 adopted by the county under section 3 of this chapter.
	178	+	22 (c) The sources of money for each fund established under subsection
	179	+	23 (a) or (b) are:
	180	+	24 (1) the alternative dispute resolution fee collected under section
	181	+	25 1 of this chapter for the circuit court, superior court, or probate
	182	+	26 court, respectively; and
	183	+	27 (2) copayments collected under subsection (d) if:
	184	+	28 (A) a county chooses to deposit the copayments into the fund;
	185	+	29 and
	186	+	30 (B) the county specifies in the plan adopted by the county
	187	+	31 under section 3 of this chapter that the copayments will be
	188	+	32 deposited in the fund.
	189	+	33 (d) The funds shall be used to foster domestic relations alternative
	190	+	34 dispute resolution, including:
	191	+	35 (1) mediation;
	192	+	36 (2) reconciliation;
	193	+	37 (3) nonbinding arbitration; and
	194	+	38 (4) parental counseling; and
	195	+	39 (5) guardian ad litem services.
	196	+	40 Litigants referred by the court to services covered by the fund shall
	197	+	41 make a copayment for the services in an amount determined by the
	198	+	42 court based on the litigants' ability to pay. The fund shall be
	199	+	EH 1493—LS 7015/DI 148 5
	200	+	1 administered by the circuit, superior, or probate court that exercises
	201	+	2 jurisdiction over domestic relations and paternity cases in the county.
	202	+	3 A fund used by multiple courts under subsection (b) shall be
	203	+	4 administered jointly by all the courts using the fund. Money in each
	204	+	5 fund at the end of a fiscal year does not revert to the county general
	205	+	6 fund but remains in the fund for the uses specified in this section.
	206	+	7 (e) Each circuit, superior, or probate court that administers an
	207	+	8 alternative dispute resolution fund shall ensure that money in the fund
	208	+	9 is disbursed in a manner that primarily benefits those litigants who
	209	+	10 have the least ability to pay, in accordance with the plan adopted by the
	210	+	11 county under section 3 of this chapter.
	211	+	12 (f) A court may not order parties into mediation or refer parties to
	212	+	13 mediation If a party is currently charged with or has been convicted of
	213	+	14 a crime under IC 35-42, the court must make a determination that
	214	+	15 participation in services provided by this fund does not pose an
	215	+	16 unreasonable risk of harm to any party.
	216	+	17 SECTION 4. IC 33-37-5-21.2, AS AMENDED BY P.L.229-2011,
	217	+	18 SECTION 259, IS AMENDED TO READ AS FOLLOWS
	218	+	19 [EFFECTIVE JULY 1, 2023]: Sec. 21.2. (a) This subsection does not
	219	+	20 apply to the following:
	220	+	21 (1) A criminal proceeding.
	221	+	22 (2) A proceeding to enforce a statute defining an infraction.
	222	+	23 (3) A proceeding for an ordinance violation.
	223	+	24 In each action filed in a court described in IC 33-37-1-1 and in each
	224	+	25 small claims action in a court described in IC 33-34, the clerk shall
	225	+	26 collect a public defense administration fee of five dollars ($5).
	226	+	27 (b) In each action in which a person is:
	227	+	28 (1) convicted of an offense;
	228	+	29 (2) required to pay a pretrial diversion fee;
	229	+	30 (3) found to have committed an infraction; or
	230	+	31 (4) found to have violated an ordinance;
	231	+	32 the clerk shall collect a public defense administration fee of five dollars
	232	+	33 ($5).
	233	+	34 (c) This section does not apply to a child alleged to be a
	234	+	35 delinquent child.
	235	+	36 SECTION 5. IC 33-40-3-6 IS AMENDED TO READ AS
	236	+	37 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) Subject to
	237	+	38 subsection (e), if at any stage of a prosecution for a felony or a
	238	+	39 misdemeanor the court makes a finding of ability to pay the costs of
	239	+	40 representation under section 7 of this chapter, the court shall require
	240	+	41 payment by the person or the person's parent, if the person is a child
	241	+	42 alleged to be a delinquent child, of the following costs in addition to
	242	+	EH 1493—LS 7015/DI 148 6
	243	+	1 other costs assessed against the person:
	244	+	2 (1) Reasonable attorney's fees if an attorney has been appointed
	245	+	3 for the person by the court.
	246	+	4 (2) Costs incurred by the county as a result of court appointed
	247	+	5 legal services rendered to the person.
	248	+	6 (b) The clerk of the court shall deposit costs collected under this
	249	+	7 section into the supplemental public defender services fund established
	250	+	8 under section 1 of this chapter.
	251	+	9 (c) A person ordered to pay any part of the costs of representation
	252	+	10 under subsection (a) has the same rights and protections as those of
	253	+	11 other judgment debtors under the Constitution of the State of Indiana
	254	+	12 and under Indiana law.
	255	+	13 (d) The sum of:
	256	+	14 (1) the fee collected under IC 35-33-7-6;
	257	+	15 (2) any amount assessed by the court under this section; and
	258	+	16 (3) any amount ordered to be paid under IC 33-37-2-3;
	259	+	17 may not exceed the cost of defense services rendered to the person.
	260	+	18 (e) A court may not require payment for costs or fees under this
	261	+	19 section for a child alleged to be a delinquent child.
	262	+	20 SECTION 6. IC 33-40-3-7 IS AMENDED TO READ AS
	263	+	21 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) If a defendant or
	264	+	22 a child alleged to be a delinquent child is receiving publicly paid
	265	+	23 representation, the court shall consider:
	266	+	24 (1) the person's independently held assets and assets available to
	267	+	25 the spouse of the person or the person's parent if the person is
	268	+	26 unemancipated;
	269	+	27 (2) the person's income;
	270	+	28 (3) the person's liabilities; and
	271	+	29 (4) the extent of the burden that payment of costs assessed under
	272	+	30 section 6 of this chapter would impose on the person and the
	273	+	31 dependents of the person.
	274	+	32 (b) If, after considering the factors described in subsection (a), the
	275	+	33 court determines that the person is able to pay the costs of
	276	+	34 representation, the court shall enter a finding that the person is able to
	277	+	35 pay those additional costs.
	278	+	EH 1493—LS 7015/DI 148 7
	279	+	COMMITTEE REPORT
	280	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	281	+	which was referred House Bill 1493, has had the same under
	282	+	consideration and begs leave to report the same back to the House with
	283	+	the recommendation that said bill be amended as follows:
	284	+	Page 4, between lines 2 and 3, begin a new paragraph and insert:
	285	+	"SECTION 3. IC 33-23-6-2, AS AMENDED BY P.L.142-2020,
121	286		SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
122		-	HEA 1493 4
123	287		JULY 1, 2023]: Sec. 2. (a) In each county participating in the program
124	288		under this chapter, there is established an alternative dispute resolution
125	289		fund for each of the following:
126	290		(1) The circuit court.
127	291		(2) The superior court.
128	292		(3) The probate court established by IC 33-31-1.
129	293		(b) Notwithstanding subsection (a), if more than one (1) court
130	294		exercises jurisdiction over domestic relations and paternity cases in a
131	295		county, one (1) alternative dispute resolution fund may be established
132	296		to be used by all the courts to implement this chapter if:
133	297		(1) the:
134	298		(A) county auditor; and
135	299		(B) judge of each court that exercises jurisdiction over
136	300		domestic relations and paternity cases in the county;
137	301		agree to establish one (1) fund; and
138	302		(2) the agreement to establish the fund is included in the plan
139	303		adopted by the county under section 3 of this chapter.
140	304		(c) The sources of money for each fund established under subsection
141	305		(a) or (b) are:
142	306		(1) the alternative dispute resolution fee collected under section
143	307		1 of this chapter for the circuit court, superior court, or probate
144	308		court, respectively; and
145	309		(2) copayments collected under subsection (d) if:
146	310		(A) a county chooses to deposit the copayments into the fund;
147	311		and
148	312		(B) the county specifies in the plan adopted by the county
149	313		under section 3 of this chapter that the copayments will be
150	314		deposited in the fund.
151	315		(d) The funds shall be used to foster domestic relations alternative
152	316		dispute resolution, including:
153	317		(1) mediation;
154	318		(2) reconciliation;
155	319		(3) nonbinding arbitration; and
	320	+	EH 1493—LS 7015/DI 148 8
156	321		(4) parental counseling; and
157	322		(5) guardian ad litem services.
158	323		Litigants referred by the court to services covered by the fund shall
159	324		make a copayment for the services in an amount determined by the
160	325		court based on the litigants' ability to pay. The fund shall be
161	326		administered by the circuit, superior, or probate court that exercises
162	327		jurisdiction over domestic relations and paternity cases in the county.
163	328		A fund used by multiple courts under subsection (b) shall be
164	329		administered jointly by all the courts using the fund. Money in each
165		-	HEA 1493 5
166	330		fund at the end of a fiscal year does not revert to the county general
167	331		fund but remains in the fund for the uses specified in this section.
168	332		(e) Each circuit, superior, or probate court that administers an
169	333		alternative dispute resolution fund shall ensure that money in the fund
170	334		is disbursed in a manner that primarily benefits those litigants who
171	335		have the least ability to pay, in accordance with the plan adopted by the
172	336		county under section 3 of this chapter.
173	337		(f) A court may not order parties into mediation or refer parties to
174	338		mediation If a party is currently charged with or has been convicted of
175	339		a crime under IC 35-42, the court must make a determination that
176	340		participation in services provided by this fund does not pose an
177		-	unreasonable risk of harm to any party.
178		-	SECTION 4. IC 33-37-5-21.2, AS AMENDED BY P.L.229-2011,
179		-	SECTION 259, IS AMENDED TO READ AS FOLLOWS
180		-	[EFFECTIVE JULY 1, 2023]: Sec. 21.2. (a) This subsection does not
181		-	apply to the following:
182		-	(1) A criminal proceeding.
183		-	(2) A proceeding to enforce a statute defining an infraction.
184		-	(3) A proceeding for an ordinance violation.
185		-	In each action filed in a court described in IC 33-37-1-1 and in each
186		-	small claims action in a court described in IC 33-34, the clerk shall
187		-	collect a public defense administration fee of five dollars ($5).
188		-	(b) In each action in which a person is:
189		-	(1) convicted of an offense;
190		-	(2) required to pay a pretrial diversion fee;
191		-	(3) found to have committed an infraction; or
192		-	(4) found to have violated an ordinance;
193		-	the clerk shall collect a public defense administration fee of five dollars
194		-	($5).
195		-	(c) This section does not apply to a child alleged to be a
196		-	delinquent child.
197		-	SECTION 5. IC 33-40-3-6 IS AMENDED TO READ AS
198		-	FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) Subject to
199		-	subsection (e), if at any stage of a prosecution for a felony or a
200		-	misdemeanor the court makes a finding of ability to pay the costs of
201		-	representation under section 7 of this chapter, the court shall require
202		-	payment by the person or the person's parent, if the person is a child
203		-	alleged to be a delinquent child, of the following costs in addition to
204		-	other costs assessed against the person:
205		-	(1) Reasonable attorney's fees if an attorney has been appointed
206		-	for the person by the court.
207		-	(2) Costs incurred by the county as a result of court appointed
208		-	HEA 1493 6
209		-	legal services rendered to the person.
210		-	(b) The clerk of the court shall deposit costs collected under this
211		-	section into the supplemental public defender services fund established
212		-	under section 1 of this chapter.
213		-	(c) A person ordered to pay any part of the costs of representation
214		-	under subsection (a) has the same rights and protections as those of
215		-	other judgment debtors under the Constitution of the State of Indiana
216		-	and under Indiana law.
217		-	(d) The sum of:
218		-	(1) the fee collected under IC 35-33-7-6;
219		-	(2) any amount assessed by the court under this section; and
220		-	(3) any amount ordered to be paid under IC 33-37-2-3;
221		-	may not exceed the cost of defense services rendered to the person.
222		-	(e) A court may not require payment for costs or fees under this
223		-	section for a child alleged to be a delinquent child.
224		-	SECTION 6. IC 33-40-3-7 IS AMENDED TO READ AS
225		-	FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) If a defendant or
226		-	a child alleged to be a delinquent child is receiving publicly paid
227		-	representation, the court shall consider:
228		-	(1) the person's independently held assets and assets available to
229		-	the spouse of the person or the person's parent if the person is
230		-	unemancipated;
231		-	(2) the person's income;
232		-	(3) the person's liabilities; and
233		-	(4) the extent of the burden that payment of costs assessed under
234		-	section 6 of this chapter would impose on the person and the
235		-	dependents of the person.
236		-	(b) If, after considering the factors described in subsection (a), the
237		-	court determines that the person is able to pay the costs of
238		-	representation, the court shall enter a finding that the person is able to
239		-	pay those additional costs.
240		-	HEA 1493 Speaker of the House of Representatives
241		-	President of the Senate
242		-	President Pro Tempore
243		-	Governor of the State of Indiana
244		-	Date: Time:
245		-	HEA 1493
	341	+	unreasonable risk of harm to any party.".
	342	+	Renumber all SECTIONS consecutively.
	343	+	and when so amended that said bill do pass.
	344	+	(Reference is to HB 1493 as introduced.)
	345	+	MCNAMARA
	346	+	Committee Vote: yeas 12, nays 1.
	347	+	_____
	348	+	COMMITTEE REPORT
	349	+	Madam President: The Senate Committee on Family and Children
	350	+	Services, to which was referred House Bill No. 1493, has had the same
	351	+	under consideration and begs leave to report the same back to the
	352	+	Senate with the recommendation that said bill DO PASS and be
	353	+	reassigned to the Senate Committee on Appropriations.
	354	+	(Reference is to HB 1493 as printed February 9, 2023.)
	355	+	EH 1493—LS 7015/DI 148 9
	356	+	WALKER G, Chairperson
	357	+	Committee Vote: Yeas 6, Nays 0
	358	+	_____
	359	+	COMMITTEE REPORT
	360	+	Madam President: The Senate Committee on Appropriations, to
	361	+	which was referred Engrossed House Bill No. 1493, has had the same
	362	+	under consideration and begs leave to report the same back to the
	363	+	Senate with the recommendation that said bill DO PASS.
	364	+	(Reference is to EHB 1493 as printed March 14, 2023.)
	365	+
	366	+	MISHLER, Chairperson
	367	+	Committee Vote: Yeas 12, Nays 0
	368	+	EH 1493—LS 7015/DI 148