Indiana 2023 Regular Session

Indiana Senate Bill SB0280 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0280.1~~
2		-	~~January 20, 2023~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 280
4	4		_____
5		-	DIGEST OF ~~SB 280 (Updated January 17, 2023 10:32 am - DI 140)~~
	5	+	DIGEST OF INTRODUCED BILL
6	6		Citations Affected: IC 33-39.
7	7		Synopsis: Prosecuting attorneys. Establishes a special prosecuting
8	8		attorney unit as a division of the prosecuting attorneys council of
9	9		Indiana (IPAC) to: (1) take special prosecutor appointments; and (2)
10	10		increase the number of qualified special prosecutors. Establishes the
11	11		Indiana prosecuting attorney commission as a division of IPAC to: (1)
12	12		make recommendations to the general assembly concerning staffing for
13	13		prosecuting services; (2) adopt guidelines and standards for attorney
14	14		services; and (3) provide reimbursement to counties for expenses
15	15		incurred in connection with attorney services. Makes conforming
16	16		amendments.
17	17		Effective: July 1, 2023.
18		-	Freeman~~, Koch, Glick~~
	18	+	Freeman
19	19		January 11, 2023, read first time and referred to Committee on Corrections and Criminal
20	20		Law.
21		-	January 19, 2023, reported favorably — Do Pass; reassigned to Committee on
22		-	Appropriations.
23		-	SB 280—LS 7225/DI 106 January 20, 2023
	21	+	2023 IN 280—LS 7225/DI 106 Introduced
24	22		First Regular Session of the 123rd General Assembly (2023)
25	23		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	24		Constitution) is being amended, the text of the existing provision will appear in this style type,
27	25		additions will appear in this style type, and deletions will appear in this style type.
28	26		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	27		provision adopted), the text of the new provision will appear in this style type. Also, the
30	28		word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	29		a new provision to the Indiana Code or the Indiana Constitution.
32	30		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	31		between statutes enacted by the 2022 Regular Session of the General Assembly.
34	32		SENATE BILL No. 280
35	33		A BILL FOR AN ACT to amend the Indiana Code concerning
36	34		courts and court officers.
37	35		Be it enacted by the General Assembly of the State of Indiana:
38	36		1 SECTION 1. IC 33-39-7-8, AS AMENDED BY P.L.57-2014,
39	37		2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40	38		3 JULY 1, 2023]: Sec. 8. (a) As used in this chapter, "services" means
41	39		4 the sum of all periods in which a person is employed as:
42	40		5 (1) a prosecuting attorney or chief deputy prosecuting attorney;
43	41		6 (2) any other deputy prosecuting attorney who is:
44	42		7 (A) appointed under IC 33-39-6-2; and
45	43		8 (B) paid by the state from the state general fund; or
46	44		9 (3) the executive director or the assistant executive director of the
47	45		10 prosecuting attorneys council of Indiana; or
48	46		11 (4) a special prosecuting attorney appointed under
49	47		12 IC 33-39-8-8.
50	48		13 If an individual is elected or appointed to a position described in
51	49		14 subdivisions (1) through (3) (4) and serves one (1) or more terms or
52	50		15 part of a term, then retires from office or otherwise separates from
53	51		16 service, but at a later period or periods is appointed or elected and
54	52		17 serves in a position described in subdivisions (1) through (3), (4), the
55		-	SB 280—LS 7225/DI 106 2
	53	+	2023 IN 280—LS 7225/DI 106 2
56	54		1 individual shall pay into the fund during all the periods that the
57	55		2 individual serves in that position, except as otherwise provided in this
58	56		3 chapter, whether the periods are connected or disconnected.
59	57		4 (b) A senior prosecuting attorney appointed under IC 33-39-10-1 is
60	58		5 not required to pay into the fund during any period of service as a
61	59		6 senior prosecuting attorney.
62	60		7 SECTION 2. IC 33-39-7-12, AS AMENDED BY P.L.160-2013,
63	61		8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
64	62		9 JULY 1, 2023]: Sec. 12. (a) Except as otherwise provided in this
65	63		10 section, each participant shall make contributions to the fund as
66	64		11 follows:
67	65		12 (1) A participant described in section 8(a)(1) of this chapter shall
68	66		13 make contributions of six percent (6%) of each payment of salary
69	67		14 received for services after December 31, 1989.
70	68		15 (2) A participant described in section 8(a)(2), or 8(a)(3), or
71	69		16 8(a)(4) of this chapter shall make contributions of six percent
72	70		17 (6%) of each payment of salary received for services after June
73	71		18 30, 1994.
74	72		19 A participant's contributions shall be deducted from the participant's
75	73		20 monthly salary by the auditor of state and credited to the fund.
76	74		21 (b) The state may pay the contributions for a participant. The state
77	75		22 may elect to pay the contribution for the participant as a pickup under
78	76		23 Section 414(h) of the Internal Revenue Code.
79	77		24 (c) After a participant has contributed to the fund as provided in
80	78		25 subsection (a) for twenty-two (22) years, the participant is not required
81	79		26 to make additional contributions to the fund.
82	80		27 (d) After December 31, 2011, the auditor of state shall submit the
83	81		28 contributions paid by or on behalf of a participant under this section by
84	82		29 electronic funds transfer in accordance with section 12.5 of this
85	83		30 chapter.
86	84		31 SECTION 3. IC 33-39-8-8 IS ADDED TO THE INDIANA CODE
87	85		32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
88	86		33 1, 2023]: Sec. 8. (a) For purposes of this section, "unit" means the
89	87		34 special prosecuting attorney unit established by subsection (b).
90	88		35 (b) The special prosecuting attorney unit is established within
91	89		36 the council.
92	90		37 (c) The unit reports to the executive director of the council or
93	91		38 the executive director's designee.
94	92		39 (d) The unit is established to:
95	93		40 (1) take appointments as a special prosecuting attorney under
96	94		41 IC 33-39-10; and
97	95		42 (2) increase the number of qualified special prosecuting
98		-	SB 280—LS 7225/DI 106 3
	96	+	2023 IN 280—LS 7225/DI 106 3
99	97		1 attorneys available for appointment under this article.
100	98		2 (e) The unit consists of the following:
101	99		3 (1) A division chief.
102	100		4 (2) Attorneys serving as special prosecuting attorneys.
103	101		5 (3) Other support staff deemed necessary to support the unit.
104	102		6 (f) The council shall establish staffing ratios for support staff
105	103		7 and workload measures for attorneys assigned to the unit.
106	104		8 (g) Unit attorneys and support staff must be appointed by the
107	105		9 executive director of the council.
108	106		10 SECTION 4. IC 33-39-8-9 IS ADDED TO THE INDIANA CODE
109	107		11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
110	108		12 1, 2023]: Sec. 9. (a) The maximum salary paid to an attorney
111	109		13 appointed by the executive director under this chapter may not
112	110		14 exceed the annual salary paid by the state to a chief deputy
113	111		15 prosecuting attorney.
114	112		16 (b) The salary of support staff must be consistent with pay
115	113		17 schedules approved by the executive director of the council.
116	114		18 SECTION 5. IC 33-39-8-10 IS ADDED TO THE INDIANA CODE
117	115		19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
118	116		20 1, 2023]: Sec. 10. (a) The special prosecuting attorney unit fund is
119	117		21 established. The council shall administer the fund. Expenditures
120	118		22 from the fund may be made only in accordance with
121	119		23 appropriations made by the general assembly.
122	120		24 (b) The council may use money from the fund to provide:
123	121		25 (1) supplies;
124	122		26 (2) logistics;
125	123		27 (3) administration;
126	124		28 (4) personnel;
127	125		29 (5) training;
128	126		30 (6) technical assistance; and
129	127		31 (7) other reasonable support;
130	128		32 to establish and maintain the special prosecuting attorney unit
131	129		33 established by section 8 of this chapter.
132	130		34 (c) The treasurer of state shall invest the money in the fund not
133	131		35 currently needed to meet the obligations of the fund in the same
134	132		36 manner as other public funds may be invested.
135	133		37 (d) The council may supplement the fund with money received
136	134		38 under IC 33-39-10-2(g), if:
137	135		39 (1) the council makes a claim with an appointing county under
138	136		40 IC 33-39-10-2(g) for a special prosecuting attorney's services;
139	137		41 and
140	138		42 (2) the claim is approved by the judge from the appointing
141		-	SB 280—LS 7225/DI 106 4
	139	+	2023 IN 280—LS 7225/DI 106 4
142	140		1 judicial circuit.
143	141		2 (e) Money in the fund at the end of each state fiscal year does
144	142		3 not revert to the state general fund.
145	143		4 SECTION 6. IC 33-39-10-2, AS ADDED BY P.L.57-2014,
146	144		5 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
147	145		6 JULY 1, 2023]: Sec. 2. (a) A person may be appointed as a special
148	146		7 prosecutor:
149	147		8 (1) as provided under this section; or
150	148		9 (2) in accordance with IC 4-2-7-7.
151	149		10 (b) A circuit court or superior court judge:
152	150		11 (1) shall appoint a special prosecutor if:
153	151		12 (A) any person, other than a prosecuting attorney or the
154	152		13 prosecuting attorney's deputy, files a verified petition
155	153		14 requesting the appointment of a special prosecutor; and
156	154		15 (B) the prosecuting attorney agrees that a special prosecutor is
157	155		16 needed;
158	156		17 (2) may appoint a special prosecutor if:
159	157		18 (A) a person files a verified petition requesting the
160	158		19 appointment of a special prosecutor; and
161	159		20 (B) the court, after:
162	160		21 (i) notice is given to the prosecuting attorney; and
163	161		22 (ii) an evidentiary hearing is conducted at which the
164	162		23 prosecuting attorney is given an opportunity to be heard;
165	163		24 finds by clear and convincing evidence that the appointment
166	164		25 is necessary to avoid an actual conflict of interest or there is
167	165		26 probable cause to believe that the prosecuting attorney has
168	166		27 committed a crime;
169	167		28 (3) may appoint a special prosecutor if:
170	168		29 (A) the prosecuting attorney files a petition requesting the
171	169		30 court to appoint a special prosecutor; and
172	170		31 (B) the court finds that the appointment is necessary to avoid
173	171		32 the appearance of impropriety;
174	172		33 (4) may appoint a special prosecutor if:
175	173		34 (A) an elected public official who is a defendant in a criminal
176	174		35 proceeding files a verified petition requesting a special
177	175		36 prosecutor within ten (10) days after the date of the initial
178	176		37 hearing; and
179	177		38 (B) the court finds that the appointment of a special prosecutor
180	178		39 is in the best interests of justice; and
181	179		40 (5) shall appoint a special prosecutor if:
182	180		41 (A) a previously appointed special prosecutor:
183	181		42 (i) files a motion to withdraw as special prosecutor; or
184		-	SB 280—LS 7225/DI 106 5
	182	+	2023 IN 280—LS 7225/DI 106 5
185	183		1 (ii) has become incapable of continuing to represent the
186	184		2 interests of the state; and
187	185		3 (B) the court finds that the facts that established the basis for
188	186		4 the initial appointment of a special prosecutor still exist.
189	187		5 The elected prosecuting attorney who serves in the jurisdiction of
190	188		6 the appointing court shall receive notice of all pleadings filed and
191	189		7 orders issued under this subdivision.
192	190		8 (c) A person appointed to serve as a special prosecutor:
193	191		9 (1) must consent to the appointment; and
194	192		10 (2) must be:
195	193		11 (A) the prosecuting attorney or a deputy prosecuting attorney
196	194		12 in a county other than the county in which the person is to
197	195		13 serve as special prosecutor; or
198	196		14 (B) a senior prosecuting attorney as described in section 1 of
199	197		15 this chapter. A senior prosecuting attorney may be appointed
200	198		16 to serve as a special prosecutor in a county in which the senior
201	199		17 prosecuting attorney previously served if the court finds that
202	200		18 the appointment would not create the appearance of
203	201		19 impropriety.
204	202		20 (d) A person appointed to serve as a special prosecutor in a county
205	203		21 has the same powers as the prosecuting attorney of the county.
206	204		22 However, the appointing judge shall limit the scope of the special
207	205		23 prosecutor's duties to include only the investigation or prosecution of
208	206		24 a particular case or particular grand jury investigation.
209	207		25 (e) Upon making an appointment under this section, the court shall
210	208		26 establish the length of the special prosecutor's term. At least one (1)
211	209		27 time every six (6) months throughout the appointed term, a special
212	210		28 prosecutor shall file a progress report with the appointing court. A
213	211		29 progress report:
214	212		30 (1) must inform the court of the:
215	213		31 (A) status of the investigation; and
216	214		32 (B) estimated time for completion of the special prosecutor's
217	215		33 duties; and
218	216		34 (2) may not:
219	217		35 (A) include substantive facts or legal issues; or
220	218		36 (B) offer preliminary conclusions.
221	219		37 The court may extend the term of appointment upon the request of the
222	220		38 special prosecutor or terminate any appointment if the special
223	221		39 prosecutor has failed to file reports or a request for an extended term
224	222		40 under this subsection.
225	223		41 (f) If the target of an investigation by the special prosecutor is a
226	224		42 public servant (as defined in IC 35-31.5-2-261), the court shall order
227		-	SB 280—LS 7225/DI 106 6
	225	+	2023 IN 280—LS 7225/DI 106 6
228	226		1 the special prosecutor to file a report of the investigation with the court
229	227		2 at the conclusion of the investigation. A report filed under this
230	228		3 subsection is a public record under IC 5-14-3.
231	229		4 (g) If a special prosecutor is not regularly employed as a full-time
232	230		5 prosecuting attorney or full-time deputy prosecuting attorney, the
233	231		6 compensation for the special prosecutor's services:
234	232		7 (1) shall be paid, as incurred:
235	233		8 (A) to the special prosecutor; or
236	234		9 (B) for a special prosecutor employed by the special
237	235		10 prosecuting attorney unit (IC 33-39-8-8), to the special
238	236		11 prosecuting attorney unit;
239	237		12 following an application to the county auditor, from the
240	238		13 unappropriated funds of the appointing county; and
241	239		14 (2) may not exceed:
242	240		15 (A) an hourly rate based upon the regular salary of a full-time
243	241		16 prosecuting attorney of the appointing circuit;
244	242		17 (B) travel expenses and reasonable accommodation expenses
245	243		18 actually incurred; and
246	244		19 (C) other reasonable expenses actually incurred, including the
247	245		20 costs of investigation, trial and discovery preparation, and
248	246		21 other trial expenses.
249	247		22 The amount of compensation a special prosecutor receives for services
250	248		23 performed during a calendar day under subdivision (2)(A) may not
251	249		24 exceed the amount of compensation a full-time prosecuting attorney
252	250		25 would receive in salary for the calendar day.
253	251		26 (h) If the special prosecutor is regularly employed as a full-time
254	252		27 prosecuting attorney or deputy prosecuting attorney, the compensation
255	253		28 for the special prosecutor's services:
256	254		29 (1) shall be paid out of the appointing county's unappropriated
257	255		30 funds to the treasurer of the county in which the special
258	256		31 prosecutor regularly serves; and
259	257		32 (2) must include a per diem equal to the regular salary of a
260	258		33 full-time prosecuting attorney of the appointing circuit, travel
261	259		34 expenses, and reasonable accommodation expenses actually
262	260		35 incurred.
263	261		36 SECTION 7. IC 33-39-11 IS ADDED TO THE INDIANA CODE
264	262		37 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
265	263		38 JULY 1, 2023]:
266	264		39 Chapter 11. Indiana Prosecuting Attorney Commission
267	265		40 Sec. 1. As used in this chapter, "commission" means the Indiana
268	266		41 prosecuting attorney commission established by section 2 of this
269	267		42 chapter.
270		-	SB 280—LS 7225/DI 106 7
	268	+	2023 IN 280—LS 7225/DI 106 7
271	269		1 Sec. 2. (a) The Indiana prosecuting attorney commission is
272	270		2 established as a division of the prosecuting attorneys council of
273	271		3 Indiana.
274	272		4 (b) The commission is composed of the following nine (9)
275	273		5 members, none of whom may be a public defender or a court
276	274		6 employee:
277	275		7 (1) One (1) member appointed by the governor.
278	276		8 (2) One (1) supreme court justice, appointed by the chief
279	277		9 justice.
280	278		10 (3) One (1) member of the ways and means committee of the
281	279		11 house of representatives, to be appointed by the speaker of the
282	280		12 house of representatives.
283	281		13 (4) One (1) member of the senate appropriations committee,
284	282		14 to be appointed by the president pro tempore of the senate.
285	283		15 (5) Four (4) members appointed by the prosecuting attorneys
286	284		16 council of Indiana.
287	285		17 (6) The executive director of the prosecuting attorneys council
288	286		18 of Indiana, who serves ex officio.
289	287		19 Not more than three (3) of the members appointed under
290	288		20 subdivisions (3), (4), and (5) may be members of the same political
291	289		21 party.
292	290		22 Sec. 3. (a) The executive director of the prosecuting attorneys
293	291		23 council of Indiana shall serve as chairperson of the commission.
294	292		24 (b) The executive director of the prosecuting attorneys council
295	293		25 of Indiana shall appoint an employee of the prosecuting attorneys
296	294		26 council of Indiana to manage the day to day operations of the
297	295		27 commission.
298	296		28 (c) The term of office of each member of the commission other
299	297		29 than the executive director of the prosecuting attorneys council of
300	298		30 Indiana is four (4) years. A vacancy occurring among the members
301	299		31 of the commission before the expiration of a term shall be filled in
302	300		32 the same manner as the original appointment. An appointment to
303	301		33 fill a vacancy occurring before the expiration of a term is for the
304	302		34 remainder of the unexpired term.
305	303		35 (d) Each member of the commission who is a state employee is
306	304		36 entitled to reimbursement for traveling expenses and other
307	305		37 expenses actually incurred in connection with the member's duties,
308	306		38 as provided in the state travel policies and procedures established
309	307		39 by the Indiana department of administration and approved by the
310	308		40 budget agency.
311	309		41 (e) A member of the commission who is not a state employee is
312	310		42 entitled to:
313		-	SB 280—LS 7225/DI 106 8
	311	+	2023 IN 280—LS 7225/DI 106 8
314	312		1 (1) the minimum salary per diem provided by
315	313		2 IC 4-10-11-2.1(b); and
316	314		3 (2) reimbursement for traveling expenses and other expenses
317	315		4 actually incurred in connection with the member's duties, as
318	316		5 provided in the state travel policies and procedures
319	317		6 established by the Indiana department of administration and
320	318		7 approved by the budget agency.
321	319		8 (f) The commission shall meet at least quarterly and at times
322	320		9 called by the chairperson or at the request of three (3) commission
323	321		10 members.
324	322		11 Sec. 4. The commission shall do the following:
325	323		12 (1) Make recommendations to the general assembly
326	324		13 concerning personnel and staffing for prosecution services.
327	325		14 (2) Adopt guidelines and standards for prosecution services
328	326		15 under which counties will be eligible for reimbursement under
329	327		16 IC 33-39-12, including the following:
330	328		17 (A) Compensation rates for employees appointed by the
331	329		18 prosecuting attorney under IC 33-39-6.
332	330		19 (B) Minimum and maximum caseloads for staff.
333	331		20 (C) Victim services.
334	332		21 (3) Make an annual report to the governor, the general
335	333		22 assembly, the supreme court, and the prosecuting attorneys
336	334		23 council of Indiana on the operation of the prosecuting
337	335		24 attorney services fund under IC 33-39-12. The report to the
338	336		25 general assembly must be in an electronic format under
339	337		26 IC 5-14-6.
340	338		27 Sec. 5. The executive director of the prosecuting attorneys
341	339		28 council of Indiana shall hire staff to support the commission.
342	340		29 However, the executive director may delegate this authority to the
343	341		30 employee appointed under section 3(b) of this chapter to manage
344	342		31 the day to day operations of the commission. The commission, with
345	343		32 the assistance of the executive director of the prosecuting attorneys
346	344		33 council of Indiana, may enter into contracts for any additional staff
347	345		34 support that the commission determines is necessary to implement
348	346		35 this chapter.
349	347		36 SECTION 8. IC 33-39-12 IS ADDED TO THE INDIANA CODE
350	348		37 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
351	349		38 JULY 1, 2023]:
352	350		39 Chapter 12. Prosecuting Attorney Services Fund
353	351		40 Sec. 1. As used in this chapter, "county auditor" includes a
354	352		41 person who is:
355	353		42 (1) the auditor of a county; and
356		-	SB 280—LS 7225/DI 106 9
	354	+	2023 IN 280—LS 7225/DI 106 9
357	355		1 (2) responsible for the receipt, disbursement, and accounting
358	356		2 of all funds distributed to a prosecuting attorney's office in
359	357		3 the county.
360	358		4 Sec. 2. As used in this chapter, "fund" means the prosecuting
361	359		5 attorney services fund established by section 3 of this chapter.
362	360		6 Sec. 3. The prosecuting attorney services fund is established to
363	361		7 receive court costs or other revenues for county reimbursement
364	362		8 and administrative expenses. The fund shall be administered by the
365	363		9 Indiana prosecuting attorney commission established by
366	364		10 IC 33-39-11-2.
367	365		11 Sec. 4. The treasurer of state shall invest the money in the fund
368	366		12 not currently needed to meet the obligations of the fund in the same
369	367		13 manner as other public funds may be invested.
370	368		14 Sec. 5. Money in the fund at the end of the state fiscal year does
371	369		15 not revert to the state general fund.
372	370		16 Sec. 6. A county auditor may submit on a quarterly basis a
373	371		17 certified request to the Indiana prosecuting attorney commission
374	372		18 for reimbursement from the fund for an amount equal to seventy
375	373		19 percent (70%) of the county's expenditures for prosecuting
376	374		20 attorney services provided to the public.
377	375		21 Sec. 7. (a) Upon certification by a county auditor and a
378	376		22 determination by the Indiana prosecuting attorney commission
379	377		23 that the request is in compliance with the guidelines and standards
380	378		24 set by the commission, the commission shall quarterly authorize an
381	379		25 amount of reimbursement due the county that is equal to seventy
382	380		26 percent (70%) of the county's certified expenditures for
383	381		27 prosecuting attorney services. The Indiana prosecuting attorney
384	382		28 commission shall then certify to the auditor of state the amount of
385	383		29 reimbursement owed to a county under this chapter.
386	384		30 (b) Upon receiving certification from the Indiana prosecuting
387	385		31 attorney commission, the auditor of state shall issue a warrant to
388	386		32 the treasurer of state for disbursement to the county of the amount
389	387		33 certified.
390		-	SB 280—LS 7225/DI 106 10
391		-	COMMITTEE REPORT
392		-	Madam President: The Senate Committee on Corrections and
393		-	Criminal Law, to which was referred Senate Bill No. 280, has had the
394		-	same under consideration and begs leave to report the same back to the
395		-	Senate with the recommendation that said bill DO PASS and be
396		-	reassigned to the Senate Committee on Appropriations.
397		-	(Reference is to SB 280 as introduced.)
398		-	FREEMAN, Chairperson
399		-	Committee Vote: Yeas 7, Nays 0
400		-	SB 280—LS 7225/DI 106
	388	+	2023 IN 280—LS 7225/DI 106