Indiana 2023 Regular Session

Indiana Senate Bill SB0465 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. 465
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 33-40-6.
7	7	Synopsis: Public defender reimbursement. Allows a county or
8	8	multicounty public defender's office to submit a request for
9	9	reimbursement from the public defense fund for an amount equal to
10	10	60% of the expenditures for indigent defense services provided in all
11	11	cases except misdemeanors. (The current reimbursement rate is 40%
12	12	for noncapital cases except misdemeanors and 50% for services
13	13	provided to a defendant against whom the death sentence is sought
14	14	under IC 35-50-2-9.)
15	15	Effective: July 1, 2023.
16	16	Alexander
17	17	January 19, 2023, read first time and referred to Committee on Corrections and Criminal
18	18	Law.
19	19	2023 IN 465—LS 6478/DI 149 Introduced
20	20	First Regular Session of the 123rd General Assembly (2023)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2022 Regular Session of the General Assembly.
30	30	SENATE BILL No. 465
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	courts and court officers.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 33-40-6-4, AS AMENDED BY P.L.104-2022,
35	35	2 SECTION 137, IS AMENDED TO READ AS FOLLOWS
36	36	3 [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) For purposes of this section,
37	37	4 the term "county auditor" includes a person who:
38	38	5 (1) is the auditor of a county that is a member of a multicounty
39	39	6 public defender's office; and
40	40	7 (2) is responsible for the receipt, disbursement, and accounting of
41	41	8 all monies distributed to the multicounty public defender's office.
42	42	9 (b) A county auditor may submit on a quarterly basis a certified
43	43	10 request to the public defender commission for reimbursement from the
44	44	11 public defense fund for an amount equal to fifty sixty percent (50%)
45	45	12 (60%) of the county's or multicounty public defender's office's
46	46	13 expenditures for indigent defense services provided to a defendant
47	47	14 against whom the death sentence is sought under IC 35-50-2-9. in all
48	48	15 cases except misdemeanors.
49	49	16 (c) A county auditor may submit on a quarterly basis a certified
50	50	17 request to the public defender commission for reimbursement from the
51	51	2023 IN 465—LS 6478/DI 149 2
52	52	1 public defense fund for an amount equal to forty percent (40%) of the
53	53	2 county's or multicounty public defender's office's expenditures for
54	54	3 indigent defense services provided in all noncapital cases except
55	55	4 misdemeanors.
56	56	5 (d) (c) A request under this section from a county described in
57	57	6 IC 33-40-7-1(5) may be limited to expenditures for indigent defense
58	58	7 services provided by a particular division of a court.
59	59	8 SECTION 2. IC 33-40-6-5, AS AMENDED BY P.L.69-2019,
60	60	9 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
61	61	10 JULY 1, 2023]: Sec. 5. (a) As used in this section, "commission"
62	62	11 means the Indiana public defender commission established by
63	63	12 IC 33-40-5-2.
64	64	13 (b) Except as provided under section 6 of this chapter, upon
65	65	14 certification by a county auditor and a determination by the
66	66	15 commission that the request is in compliance with the guidelines and
67	67	16 standards set by the commission, the commission shall quarterly
68	68	17 authorize an amount of reimbursement due the county or multicounty
69	69	18 public defender's office
70	70	19 (1) that is equal to fifty sixty percent (50%) (60%) of the county's
71	71	20 or multicounty public defender's office's certified expenditures for
72	72	21 indigent defense services provided for a defendant against whom
73	73	22 the death sentence is sought under IC 35-50-2-9; and
74	74	23 (2) that is equal to forty percent (40%) of the county's or
75	75	24 multicounty public defender's office's certified expenditures for
76	76	25 defense services provided in noncapital all cases except
77	77	26 misdemeanors.
78	78	27 The commission shall then certify to the auditor of state the amount of
79	79	28 reimbursement owed to a county or multicounty public defender's
80	80	29 office under this chapter.
81	81	30 (c) Upon receiving certification from the commission, the auditor of
82	82	31 state shall issue a warrant to the treasurer of state for disbursement to
83	83	32 the county or multicounty public defender's office of the amount
84	84	33 certified.
85	85	2023 IN 465—LS 6478/DI 149