Introduced Version
SENATE BILL No. 88
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-23-8; IC 35-38-9-13.
Synopsis: Expungement of wrongful convictions. Provides that the
court shall, on its own motion and without holding a hearing, order the
expungement of a person's vacated conviction record if the person
qualifies for restitution as a wrongfully incarcerated person within 60
days of receiving notice from the criminal justice institute, unless the
court finds that automatic expungement would not serve the interests
of justice.
Effective: July 1, 2023.
Bohacek
January 9, 2023, read first time and referred to Committee on Corrections and Criminal
Law.
2023 IN 88—LS 6614/DI 107 Introduced
First Regular Session of the 123rd General Assembly (2023)
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 2022 Regular Session of the General Assembly.
SENATE BILL No. 88
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-23-8, AS AMENDED BY P.L.146-2022,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 8. (a) A person to whom this chapter applies may
4 seek compensation under this chapter by applying to the criminal
5 justice institute on a form and in a manner to be determined by the
6 criminal justice institute. An application must be submitted not later
7 than:
8 (1) November 1, 2021; or
9 (2) two (2) years from the date the:
10 (A) judgment vacating, reversing, or setting aside the person's
11 conviction becomes final; or
12 (B) governor pardons the person;
13 whichever is later. An applicant shall submit additional evidence to the
14 criminal justice institute upon request by the criminal justice institute.
15 (b) An applicant must demonstrate the following in any application
16 submitted to the criminal justice institute:
17 (1) The applicant's eligibility, by a preponderance of the evidence,
2023 IN 88—LS 6614/DI 107 2
1 for compensation under this chapter as described in this chapter.
2 (2) The applicant's compliance with any rules promulgated or
3 required by the criminal justice institute pursuant to section 9 of
4 this chapter.
5 (c) Upon receipt of:
6 (1) a completed application; and
7 (2) any additional evidence required by the criminal justice
8 institute;
9 the criminal justice institute shall evaluate, investigate, and make a
10 determination with respect to an applicant's claim.
11 (d) If, at the conclusion of an investigation performed pursuant to
12 subsection (c), the criminal justice institute determines that the
13 applicant qualifies for compensation under this chapter, the criminal
14 justice institute shall pay any compensation due to the applicant,
15 subject to the requirements of subsections (e) and (f).
16 (e) This subsection applies to any application or compensation
17 owed, regardless of when the application was initially submitted or a
18 payment of the compensation was initially made. The criminal justice
19 institute may not pay, or continue to pay, compensation to an applicant
20 who:
21 (1) has received an award for restitution or damages described in
22 section 1 of this chapter in connection with the conviction;
23 (2) has a pending case that might result in an award for restitution
24 or damages described in section 1 of this chapter with respect to
25 the conviction;
26 (3) has not executed the waiver described in section 4 of this
27 chapter;
28 (4) is currently incarcerated in a county, city, or federal jail or
29 prison or in an institution operated by the department of
30 correction for a crime other than a crime for which the individual
31 was wrongfully incarcerated; or
32 (5) is currently incarcerated due to the revocation of parole or
33 probation for a crime other than a crime for which the individual
34 was wrongfully incarcerated.
35 However, after a term of imprisonment described in subdivision (4) or
36 (5) has concluded, the criminal justice institute shall resume paying
37 compensation to the individual.
38 (f) The criminal justice institute may only pay compensation to the
39 individual who was wrongfully incarcerated or, on behalf of the
40 individual, to the individual's guardian. The criminal justice institute
41 may not pay compensation to:
42 (1) the estate of;
2023 IN 88—LS 6614/DI 107 3
1 (2) a fiduciary of;
2 (3) a trust on behalf of; or
3 (4) an assignee of;
4 the wrongfully incarcerated individual.
5 (g) Upon receipt of the materials described in subsection (c), the
6 criminal justice institute shall provide notice to the court that the
7 individual to whom this chapter applies is seeking compensation
8 under this chapter so that the court may consider automatic
9 expungement of the individual's conviction record as described in
10 IC 35-38-9-13.
11 SECTION 2. IC 35-38-9-13 IS ADDED TO THE INDIANA CODE
12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
13 1, 2023]: Sec. 13. (a) This section applies to a person who qualifies
14 for compensation described in IC 5-2-23-3.
15 (b) The court shall, on its own motion and without holding a
16 hearing, order the expungement of a person's vacated conviction
17 record, as described in IC 5-2-23, including any records relating to
18 the conviction and any records concerning a collateral action,
19 within sixty (60) days of receiving notice under IC 5-2-23-8, unless
20 the court finds that automatic expungement under this section
21 would not serve the interests of justice.
2023 IN 88—LS 6614/DI 107