Indiana 2023 Regular Session

Indiana Senate Bill SB0088 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 88
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2-23-8; IC 35-38-9-13.
7	7	Synopsis: Expungement of wrongful convictions. Provides that the
8	8	court shall, on its own motion and without holding a hearing, order the
9	9	expungement of a person's vacated conviction record if the person
10	10	qualifies for restitution as a wrongfully incarcerated person within 60
11	11	days of receiving notice from the criminal justice institute, unless the
12	12	court finds that automatic expungement would not serve the interests
13	13	of justice.
14	14	Effective: July 1, 2023.
15	15	Bohacek
16	16	January 9, 2023, read first time and referred to Committee on Corrections and Criminal
17	17	Law.
18	18	2023 IN 88—LS 6614/DI 107 Introduced
19	19	First Regular Session of the 123rd General Assembly (2023)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2022 Regular Session of the General Assembly.
29	29	SENATE BILL No. 88
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning
31	31	criminal law and procedure.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 5-2-23-8, AS AMENDED BY P.L.146-2022,
34	34	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35	35	3 JULY 1, 2023]: Sec. 8. (a) A person to whom this chapter applies may
36	36	4 seek compensation under this chapter by applying to the criminal
37	37	5 justice institute on a form and in a manner to be determined by the
38	38	6 criminal justice institute. An application must be submitted not later
39	39	7 than:
40	40	8 (1) November 1, 2021; or
41	41	9 (2) two (2) years from the date the:
42	42	10 (A) judgment vacating, reversing, or setting aside the person's
43	43	11 conviction becomes final; or
44	44	12 (B) governor pardons the person;
45	45	13 whichever is later. An applicant shall submit additional evidence to the
46	46	14 criminal justice institute upon request by the criminal justice institute.
47	47	15 (b) An applicant must demonstrate the following in any application
48	48	16 submitted to the criminal justice institute:
49	49	17 (1) The applicant's eligibility, by a preponderance of the evidence,
50	50	2023 IN 88—LS 6614/DI 107 2
51	51	1 for compensation under this chapter as described in this chapter.
52	52	2 (2) The applicant's compliance with any rules promulgated or
53	53	3 required by the criminal justice institute pursuant to section 9 of
54	54	4 this chapter.
55	55	5 (c) Upon receipt of:
56	56	6 (1) a completed application; and
57	57	7 (2) any additional evidence required by the criminal justice
58	58	8 institute;
59	59	9 the criminal justice institute shall evaluate, investigate, and make a
60	60	10 determination with respect to an applicant's claim.
61	61	11 (d) If, at the conclusion of an investigation performed pursuant to
62	62	12 subsection (c), the criminal justice institute determines that the
63	63	13 applicant qualifies for compensation under this chapter, the criminal
64	64	14 justice institute shall pay any compensation due to the applicant,
65	65	15 subject to the requirements of subsections (e) and (f).
66	66	16 (e) This subsection applies to any application or compensation
67	67	17 owed, regardless of when the application was initially submitted or a
68	68	18 payment of the compensation was initially made. The criminal justice
69	69	19 institute may not pay, or continue to pay, compensation to an applicant
70	70	20 who:
71	71	21 (1) has received an award for restitution or damages described in
72	72	22 section 1 of this chapter in connection with the conviction;
73	73	23 (2) has a pending case that might result in an award for restitution
74	74	24 or damages described in section 1 of this chapter with respect to
75	75	25 the conviction;
76	76	26 (3) has not executed the waiver described in section 4 of this
77	77	27 chapter;
78	78	28 (4) is currently incarcerated in a county, city, or federal jail or
79	79	29 prison or in an institution operated by the department of
80	80	30 correction for a crime other than a crime for which the individual
81	81	31 was wrongfully incarcerated; or
82	82	32 (5) is currently incarcerated due to the revocation of parole or
83	83	33 probation for a crime other than a crime for which the individual
84	84	34 was wrongfully incarcerated.
85	85	35 However, after a term of imprisonment described in subdivision (4) or
86	86	36 (5) has concluded, the criminal justice institute shall resume paying
87	87	37 compensation to the individual.
88	88	38 (f) The criminal justice institute may only pay compensation to the
89	89	39 individual who was wrongfully incarcerated or, on behalf of the
90	90	40 individual, to the individual's guardian. The criminal justice institute
91	91	41 may not pay compensation to:
92	92	42 (1) the estate of;
93	93	2023 IN 88—LS 6614/DI 107 3
94	94	1 (2) a fiduciary of;
95	95	2 (3) a trust on behalf of; or
96	96	3 (4) an assignee of;
97	97	4 the wrongfully incarcerated individual.
98	98	5 (g) Upon receipt of the materials described in subsection (c), the
99	99	6 criminal justice institute shall provide notice to the court that the
100	100	7 individual to whom this chapter applies is seeking compensation
101	101	8 under this chapter so that the court may consider automatic
102	102	9 expungement of the individual's conviction record as described in
103	103	10 IC 35-38-9-13.
104	104	11 SECTION 2. IC 35-38-9-13 IS ADDED TO THE INDIANA CODE
105	105	12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
106	106	13 1, 2023]: Sec. 13. (a) This section applies to a person who qualifies
107	107	14 for compensation described in IC 5-2-23-3.
108	108	15 (b) The court shall, on its own motion and without holding a
109	109	16 hearing, order the expungement of a person's vacated conviction
110	110	17 record, as described in IC 5-2-23, including any records relating to
111	111	18 the conviction and any records concerning a collateral action,
112	112	19 within sixty (60) days of receiving notice under IC 5-2-23-8, unless
113	113	20 the court finds that automatic expungement under this section
114	114	21 would not serve the interests of justice.
115	115	2023 IN 88—LS 6614/DI 107