Indiana 2024 Regular Session

Indiana House Bill HB1263 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1263
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-10-9.8-2; IC 5-11-5-7; IC 27-10;
7	7	IC 31-16-12-10; IC 31-25-4; IC 33-24-6-3; IC 34-30-2.1-556;
8	8	IC 35-31.5-2; IC 35-33; IC 35-40-6-6; IC 35-52-27.
9	9	Synopsis: Elimination of money bail. Abolishes money bail and
10	10	repeals the Indiana bail law (regulating bail agents). Makes conforming
11	11	amendments.
12	12	Effective: July 1, 2024.
13	13	Smith V
14	14	January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
15	15	2024 IN 1263—LS 6411/DI 106 Introduced
16	16	Second Regular Session of the 123rd General Assembly (2024)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2023 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1263
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	criminal law and procedure.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 5-10-9.8-2, AS AMENDED BY P.L.99-2020,
31	31	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2024]: Sec. 2. (a) The special death benefit fund is established
33	33	4 for the purpose of paying lump sum death benefits under the following
34	34	5 statutes:
35	35	6 (1) IC 5-10-10.
36	36	7 (2) IC 5-10-11.
37	37	8 (3) IC 10-12-6.
38	38	9 (4) IC 36-8-6-20.
39	39	10 (5) IC 36-8-7-26.
40	40	11 (6) IC 36-8-7.5-22.
41	41	12 (7) IC 36-8-8-20.
42	42	13 (b) The fund consists of:
43	43	14 (1) appropriations by the general assembly;
44	44	15 (2) fees remitted to the board under IC 35-33-8-3.2 (before the
45	45	16 abolition of money bail), IC 5-10-10-4.5, IC 5-10-10-4.8, and
46	46	2024 IN 1263—LS 6411/DI 106 2
47	47	1 IC 5-10-10-4.9;
48	48	2 (3) contributions from employers;
49	49	3 (4) gifts; and
50	50	4 (5) interest or other investment income earned on money in the
51	51	5 fund.
52	52	6 (c) The fund shall be administered by the board. The expenses of
53	53	7 administering the fund shall be paid from money in the fund.
54	54	8 (d) The board shall invest the money in the fund not currently
55	55	9 needed to meet the obligations of the fund in the same manner as the
56	56	10 board's other funds may be invested. Interest that accrues from these
57	57	11 investments shall be deposited in the fund.
58	58	12 (e) Money in the fund at the end of a state fiscal year does not revert
59	59	13 to the state general fund.
60	60	14 SECTION 2. IC 5-11-5-7 IS AMENDED TO READ AS FOLLOWS
61	61	15 [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The state board of accounts
62	62	16 or a person designated in writing by it may collect any of the following:
63	63	17 (1) Unpaid fines, costs, or fees that are imposed for violations of
64	64	18 statutes defining a crime or infraction and are owed to the state or
65	65	19 its political subdivisions.
66	66	20 (2) Money owed resulting from bond forfeitures under
67	67	21 IC 35-33-8-7 (before the abolition of money bail).
68	68	22 (3) Unpaid user's fees incurred under a pretrial diversion
69	69	23 agreement by a person charged with a misdemeanor, infraction,
70	70	24 or ordinance violation.
71	71	25 (b) The state board of accounts or its agent may compromise the
72	72	26 amount of money owed in collecting money under this section.
73	73	27 (c) The costs of collection, including but not limited to reasonable
74	74	28 attorney's fees, may be added to money that is owed and collected
75	75	29 under this section. However, the costs of collection may not exceed an
76	76	30 amount that is equal to the amount of money that is owed.
77	77	31 (d) When money is collected under this section, the state board of
78	78	32 accounts or its agent shall deposit the money, less the costs of
79	79	33 collection, in accounts to the credit of the state or a political
80	80	34 subdivision as required by law.
81	81	35 (e) The costs of collecting money under this section shall be
82	82	36 determined by the state board of accounts and shall be paid from
83	83	37 money collected.
84	84	38 SECTION 3. IC 27-10 IS REPEALED [EFFECTIVE JULY 1,
85	85	39 2024]. (Indiana Bail Law).
86	86	40 SECTION 4. IC 31-16-12-10, AS AMENDED BY P.L.145-2006,
87	87	41 SECTION 237, IS AMENDED TO READ AS FOLLOWS
88	88	42 [EFFECTIVE JULY 1, 2024]: Sec. 10. If a court finds that a person
89	89	2024 IN 1263—LS 6411/DI 106 3
90	90	1 who holds a license or who is an applicant for a license issued under
91	91	2 IC 27-1-15.6 or IC 27-1-15.8 or IC 27-10-3 is delinquent (as defined
92	92	3 in IC 31-25-4-2) as a result of an intentional violation of an order for
93	93	4 child support, the court shall issue an order to the commissioner of the
94	94	5 department of insurance:
95	95	6 (1) requiring that the person's license be suspended until further
96	96	7 order of the court;
97	97	8 (2) ordering the commissioner not to issue a license to the person
98	98	9 who is the subject of the order if the person does not currently
99	99	10 hold a license; or
100	100	11 (3) ordering the commissioner not to renew the license of a person
101	101	12 who is the subject of the order.
102	102	13 SECTION 5. IC 31-25-4-32, AS AMENDED BY P.L.141-2022,
103	103	14 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
104	104	15 JULY 1, 2024]: Sec. 32. (a) When the Title IV-D agency finds that an
105	105	16 obligor is delinquent, the Title IV-D agency shall send, to a verified
106	106	17 address, a notice to the obligor that does the following:
107	107	18 (1) Specifies that the obligor is delinquent.
108	108	19 (2) Describes the amount of child support that the obligor is in
109	109	20 arrears.
110	110	21 (3) States that unless the obligor:
111	111	22 (A) pays the obligor's child support arrearage in full;
112	112	23 (B) establishes a payment plan with the Title IV-D agency to
113	113	24 pay the arrearage, which includes an income withholding
114	114	25 order; or
115	115	26 (C) requests a hearing under section 33 of this chapter;
116	116	27 within twenty (20) days after the date the notice is mailed, the
117	117	28 Title IV-D agency shall issue an order to the bureau of motor
118	118	29 vehicles stating that the obligor is delinquent and that the
119	119	30 obligor's driving privileges shall be suspended.
120	120	31 (4) Explains that the obligor has twenty (20) days after the notice
121	121	32 is mailed to do one (1) of the following:
122	122	33 (A) Pay the obligor's child support arrearage in full.
123	123	34 (B) Establish a payment plan with the Title IV-D agency to
124	124	35 pay the arrearage, which includes an income withholding order
125	125	36 under IC 31-16-15-2 or IC 31-16-15-2.5.
126	126	37 (C) Request a hearing under section 33 of this chapter.
127	127	38 (5) Explains that if the obligor has not satisfied any of the
128	128	39 requirements of subdivision (4) not later than twenty (20) days
129	129	40 after the notice is mailed, that the Title IV-D agency shall issue a
130	130	41 notice to:
131	131	42 (A) the board or department that regulates the obligor's
132	132	2024 IN 1263—LS 6411/DI 106 4
133	133	1 profession or occupation, if any, that the obligor is delinquent
134	134	2 and that the obligor may be subject to sanctions under
135	135	3 IC 25-1-1.2, including suspension or revocation of the
136	136	4 obligor's professional or occupational license;
137	137	5 (B) the supreme court disciplinary commission if the obligor
138	138	6 is licensed to practice law;
139	139	7 (C) the department of education established by IC 20-19-3-1
140	140	8 if the obligor is a licensed teacher;
141	141	9 (D) the Indiana horse racing commission if the obligor holds
142	142	10 or applies for a license issued under IC 4-31-6;
143	143	11 (E) the Indiana gaming commission if the obligor holds or
144	144	12 applies for a license issued under IC 4-33 and IC 4-35;
145	145	13 (F) the commissioner of the department of insurance if the
146	146	14 obligor holds or is an applicant for a license issued under
147	147	15 IC 27-1-15.6 or IC 27-1-15.8; or IC 27-10-3;
148	148	16 (G) the director of the department of natural resources if the
149	149	17 obligor holds or is an applicant for a license issued by the
150	150	18 department of natural resources under:
151	151	19 (i) IC 14-22-12 (fishing, hunting, and trapping licenses);
152	152	20 (ii) IC 14-22-16 (bait dealer's license);
153	153	21 (iii) IC 14-22-19 (fur buyer's license);
154	154	22 (iv) IC 14-24-7 (nursery dealer's license); or
155	155	23 (v) IC 14-31-3 (ginseng dealer's license); or
156	156	24 (H) the alcohol and tobacco commission if the obligor holds or
157	157	25 applies for an employee's permit under IC 7.1-3-18-9(a)(3).
158	158	26 (6) Explains that the only basis for contesting the issuance of an
159	159	27 order under subdivision (3) or (5) is a mistake of fact.
160	160	28 (7) Explains that an obligor may contest the Title IV-D agency's
161	161	29 determination to issue an order under subdivision (3) or (5) by
162	162	30 making written application to the Title IV-D agency not later than
163	163	31 twenty (20) days after the date the notice is mailed.
164	164	32 (8) Explains the procedures to:
165	165	33 (A) pay the obligor's child support arrearage in full; and
166	166	34 (B) establish a payment plan with the Title IV-D agency to pay
167	167	35 the arrearage, which must include an income withholding
168	168	36 order under IC 31-16-15-2 or IC 31-16-15-2.5.
169	169	37 (b) Whenever the Title IV-D agency finds that an obligor is
170	170	38 delinquent and has failed to:
171	171	39 (1) pay the obligor's child support arrearage in full;
172	172	40 (2) establish a payment plan with the Title IV-D agency to pay the
173	173	41 arrearage, which includes an income withholding order under
174	174	42 IC 31-16-15-2 or IC 31-16-15-2.5; or
175	175	2024 IN 1263—LS 6411/DI 106 5
176	176	1 (3) request a hearing under section 33 of this chapter not later
177	177	2 than twenty (20) days after the date the notice described in
178	178	3 subsection (a) is mailed;
179	179	4 the Title IV-D agency shall issue an order to the bureau of motor
180	180	5 vehicles stating that the obligor is delinquent.
181	181	6 (c) An order issued under subsection (b) must require the following:
182	182	7 (1) If the obligor who is the subject of the order holds a driving
183	183	8 license or permit on the date the order is issued, that the driving
184	184	9 privileges of the obligor be suspended until further order of the
185	185	10 Title IV-D agency.
186	186	11 (2) If the obligor who is the subject of the order does not hold a
187	187	12 driving license or permit on the date the order is issued, that the
188	188	13 bureau of motor vehicles may not issue a driving license or permit
189	189	14 to the obligor until the bureau of motor vehicles receives a further
190	190	15 order from the Title IV-D agency.
191	191	16 (d) The Title IV-D agency shall provide the:
192	192	17 (1) full name;
193	193	18 (2) date of birth;
194	194	19 (3) verified address; and
195	195	20 (4) Social Security number or driving license number;
196	196	21 of the obligor to the bureau of motor vehicles.
197	197	22 (e) Whenever the Title IV-D agency finds that an obligor who is an
198	198	23 applicant (as defined in IC 25-1-1.2-1) or a practitioner (as defined in
199	199	24 IC 25-1-1.2-6) is delinquent and the applicant or practitioner has failed
200	200	25 to:
201	201	26 (1) pay the obligor's child support arrearage in full;
202	202	27 (2) establish a payment plan with the Title IV-D agency to pay the
203	203	28 arrearage, which includes an income withholding order under
204	204	29 IC 31-16-15-2 or IC 31-16-15-2.5; or
205	205	30 (3) request a hearing under section 33 of this chapter;
206	206	31 the Title IV-D agency shall issue an order to the board regulating the
207	207	32 practice of the obligor's profession or occupation stating that the
208	208	33 obligor is delinquent.
209	209	34 (f) An order issued under subsection (e) must direct the board or
210	210	35 department regulating the obligor's profession or occupation to impose
211	211	36 the appropriate sanctions described under IC 25-1-1.2.
212	212	37 (g) Whenever the Title IV-D agency finds that an obligor who is an
213	213	38 attorney or a licensed teacher is delinquent and the attorney or licensed
214	214	39 teacher has failed to:
215	215	40 (1) pay the obligor's child support arrearage in full;
216	216	41 (2) establish a payment plan with the Title IV-D agency to pay the
217	217	42 arrearage, which includes an income withholding order under
218	218	2024 IN 1263—LS 6411/DI 106 6
219	219	1 IC 31-16-15-2 or IC 31-16-15-2.5; or
220	220	2 (3) request a hearing under section 33 of this chapter;
221	221	3 the Title IV-D agency shall notify the supreme court disciplinary
222	222	4 commission if the obligor is an attorney, or the department of education
223	223	5 if the obligor is a licensed teacher, that the obligor is delinquent.
224	224	6 (h) Whenever the Title IV-D agency finds that an obligor who holds
225	225	7 a license issued under IC 4-31-6, IC 4-33, or IC 4-35 has failed to:
226	226	8 (1) pay the obligor's child support arrearage in full;
227	227	9 (2) establish a payment plan with the Title IV-D agency to pay the
228	228	10 arrearage, which includes an income withholding order under
229	229	11 IC 31-16-15-2 or IC 31-16-15-2.5; or
230	230	12 (3) request a hearing under section 33 of this chapter;
231	231	13 the Title IV-D agency shall issue an order to the Indiana horse racing
232	232	14 commission if the obligor holds a license issued under IC 4-31-6, or to
233	233	15 the Indiana gaming commission if the obligor holds a license issued
234	234	16 under IC 4-33 or IC 4-35, stating that the obligor is delinquent and
235	235	17 directing the commission to impose the appropriate sanctions described
236	236	18 in IC 4-31-6-11, IC 4-33-8.5-3, or IC 4-35-6.7-2.
237	237	19 (i) Whenever the Title IV-D agency finds that an obligor who holds
238	238	20 a license issued under IC 27-1-15.6 or IC 27-1-15.8 or IC 27-10-3 has
239	239	21 failed to:
240	240	22 (1) pay the obligor's child support arrearage in full;
241	241	23 (2) establish a payment plan with the Title IV-D agency to pay the
242	242	24 arrearage, which includes an income withholding order under
243	243	25 IC 31-16-15-2 or IC 31-16-15-2.5; or
244	244	26 (3) request a hearing under section 33 of this chapter;
245	245	27 the Title IV-D agency shall issue an order to the commissioner of the
246	246	28 department of insurance stating that the obligor is delinquent and
247	247	29 directing the commissioner to impose the appropriate sanctions
248	248	30 described in IC 27-1-15.6-29. or IC 27-10-3-20.
249	249	31 (j) Whenever the Title IV-D agency finds that an obligor who holds
250	250	32 a license issued by the department of natural resources under
251	251	33 IC 14-22-12, IC 14-22-16, IC 14-22-19, IC 14-24-7, or IC 14-31-3 has
252	252	34 failed to:
253	253	35 (1) pay the obligor's child support arrearage in full;
254	254	36 (2) establish a payment plan with the Title IV-D agency to pay the
255	255	37 arrearage, which includes an income withholding order under
256	256	38 IC 31-16-15-2 or IC 31-16-15-2.5; or
257	257	39 (3) request a hearing under section 33 of this chapter;
258	258	40 the Title IV-D agency shall issue an order to the director of the
259	259	41 department of natural resources stating that the obligor is delinquent
260	260	42 and directing the director to suspend or revoke a license issued to the
261	261	2024 IN 1263—LS 6411/DI 106 7
262	262	1 obligor by the department of natural resources as provided in
263	263	2 IC 14-11-3.
264	264	3 (k) If the Title IV-D agency finds that an obligor who holds an
265	265	4 employee's permit issued under IC 7.1-3-18-9(a)(3) has failed to:
266	266	5 (1) pay the obligor's child support arrearage in full;
267	267	6 (2) establish a payment plan with the Title IV-D agency to pay the
268	268	7 arrearage, which includes an income withholding order under
269	269	8 IC 31-16-15-2 or IC 31-16-15-2.5; or
270	270	9 (3) request a hearing under section 33 of this chapter;
271	271	10 the Title IV-D agency shall issue an order to the alcohol and tobacco
272	272	11 commission stating that the obligor is delinquent and directing the
273	273	12 alcohol and tobacco commission to impose the appropriate sanctions
274	274	13 under IC 7.1-3-23-44.
275	275	14 (l) A person's most recent address on file with the bureau constitutes
276	276	15 a verified address for purposes of this section.
277	277	16 (m) When an obligor who was the subject of an order issued by the
278	278	17 Title IV-D agency under subsection (b), (e), (g), (h), (i), (j), or (k) has:
279	279	18 (1) paid the obligor's child support arrearage in full; or
280	280	19 (2) established a payment plan with the Title IV-D agency to pay
281	281	20 the arrearage, which includes an income withholding order under
282	282	21 IC 31-16-15-2 or IC 31-16-15-2.5;
283	283	22 the Title IV-D agency shall provide notice to the appropriate entity
284	284	23 under subsection (b), (e), (g), (h), (i), (j), or (k) that the obligor has
285	285	24 addressed the delinquency.
286	286	25 SECTION 6. IC 31-25-4-34, AS AMENDED BY P.L.141-2022,
287	287	26 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
288	288	27 JULY 1, 2024]: Sec. 34. (a) As used in this section, "board" has the
289	289	28 meaning set forth in IC 25-1-1.2-2.
290	290	29 (b) If an obligor holds a license issued by a board and requests a
291	291	30 hearing under section 33 of this chapter but fails to appear or appears
292	292	31 and is found to be delinquent, the Title IV-D agency shall issue an
293	293	32 order to the board that issued the obligor's license:
294	294	33 (1) stating that the obligor is delinquent; and
295	295	34 (2) requiring the board to comply with the actions required under
296	296	35 IC 25-1-1.2-8.
297	297	36 (c) If an obligor holds a license issued under IC 4-31-6, IC 4-33, or
298	298	37 IC 4-35 and requests a hearing under section 33 of this chapter but fails
299	299	38 to appear or appears and is found to be delinquent, the Title IV-D
300	300	39 agency shall issue an order to the:
301	301	40 (1) Indiana horse racing commission, if the obligor holds a license
302	302	41 issued under IC 4-31-6; or
303	303	42 (2) Indiana gaming commission, if the obligor holds a license
304	304	2024 IN 1263—LS 6411/DI 106 8
305	305	1 issued under IC 4-33 or IC 4-35;
306	306	2 stating that the obligor is delinquent and requiring the commission to
307	307	3 comply with the actions required under IC 4-31-6-11, IC 4-33-8.5-3, or
308	308	4 IC 4-35-6.7-2.
309	309	5 (d) If an obligor holds a license issued under IC 27-1-15.6 or
310	310	6 IC 27-1-15.8 or IC 27-10-3 and requests a hearing under section 33 of
311	311	7 this chapter but fails to appear or appears and is found to be delinquent,
312	312	8 the Title IV-D agency shall issue an order to the commissioner of the
313	313	9 department of insurance:
314	314	10 (1) stating that the obligor is delinquent; and
315	315	11 (2) requiring the commissioner to comply with the actions
316	316	12 required under IC 27-1-15.6-29. or IC 27-10-3-20.
317	317	13 (e) If an obligor holds a license issued by the department of natural
318	318	14 resources under IC 14-22-12, IC 14-22-16, IC 14-22-19, IC 14-24-7, or
319	319	15 IC 14-31-3 and requests a hearing under section 33 of this chapter but
320	320	16 fails to appear, or appears and is found to be delinquent, the Title IV-D
321	321	17 agency shall issue an order to the director of the department of natural
322	322	18 resources:
323	323	19 (1) stating that the obligor is delinquent; and
324	324	20 (2) requiring the director to suspend or revoke a license issued by
325	325	21 the department as provided in IC 14-11-3.
326	326	22 (f) If an obligor:
327	327	23 (1) holds an employee's permit issued under IC 7.1-3-18-9(a)(3);
328	328	24 and
329	329	25 (2) requests a hearing under section 33 of this chapter but fails to
330	330	26 appear or appears and is found to be delinquent;
331	331	27 the Title IV-D agency shall issue an order to the alcohol and tobacco
332	332	28 commission stating that the obligor is delinquent and requiring the
333	333	29 commission to impose the appropriate sanctions under IC 7.1-3-23-44.
334	334	30 (g) When an obligor who was the subject of an order issued by the
335	335	31 Title IV-D agency under subsection (b), (c), (d), (e), or (f) has:
336	336	32 (1) paid the obligor's child support arrearage in full; or
337	337	33 (2) established a payment plan with the Title IV-D agency to pay
338	338	34 the arrearage, which includes an income withholding order under
339	339	35 IC 31-16-15-2 or IC 31-16-15-2.5;
340	340	36 the Title IV-D agency shall provide notice to the appropriate entity
341	341	37 under subsection (b), (c), (d), (e), or (f) that the obligor has addressed
342	342	38 the delinquency.
343	343	39 SECTION 7. IC 33-24-6-3, AS AMENDED BY P.L.205-2023,
344	344	40 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
345	345	41 JULY 1, 2024]: Sec. 3. (a) The office of judicial administration shall
346	346	42 do the following:
347	347	2024 IN 1263—LS 6411/DI 106 9
348	348	1 (1) Examine the administrative and business methods and systems
349	349	2 employed in the offices of the clerks of court and other offices
350	350	3 related to and serving the courts and make recommendations for
351	351	4 necessary improvement.
352	352	5 (2) Collect and compile statistical data and other information on
353	353	6 the judicial work of the courts in Indiana. All justices of the
354	354	7 supreme court, judges of the court of appeals, judges of all trial
355	355	8 courts, and any city or town courts, whether having general or
356	356	9 special jurisdiction, court clerks, court reporters, and other
357	357	10 officers and employees of the courts shall, upon notice by the
358	358	11 chief administrative officer and in compliance with procedures
359	359	12 prescribed by the chief administrative officer, furnish the chief
360	360	13 administrative officer the information as is requested concerning
361	361	14 the nature and volume of judicial business. The information must
362	362	15 include the following:
363	363	16 (A) The volume, condition, and type of business conducted by
364	364	17 the courts.
365	365	18 (B) The methods of procedure in the courts.
366	366	19 (C) The work accomplished by the courts.
367	367	20 (D) The receipt and expenditure of public money by and for
368	368	21 the operation of the courts.
369	369	22 (E) The methods of disposition or termination of cases.
370	370	23 (3) Prepare and publish reports, not less than one (1) or more than
371	371	24 two (2) times per year, on the nature and volume of judicial work
372	372	25 performed by the courts as determined by the information
373	373	26 required in subdivision (2).
374	374	27 (4) Serve the judicial nominating commission and the judicial
375	375	28 qualifications commission in the performance by the commissions
376	376	29 of their statutory and constitutional functions.
377	377	30 (5) Administer the civil legal aid fund as required by IC 33-24-12.
378	378	31 (6) Administer the court technology fund established by section
379	379	32 12 of this chapter.
380	380	33 (7) By December 31, 2013, develop and implement a standard
381	381	34 protocol for sending and receiving court data:
382	382	35 (A) between the protective order registry, established by
383	383	36 IC 5-2-9-5.5, and county court case management systems;
384	384	37 (B) at the option of the county prosecuting attorney, for:
385	385	38 (i) a prosecuting attorney's case management system;
386	386	39 (ii) a county court case management system; and
387	387	40 (iii) a county court case management system developed and
388	388	41 operated by the office of judicial administration;
389	389	42 to interface with the electronic traffic tickets, as defined by
390	390	2024 IN 1263—LS 6411/DI 106 10
391	391	1 IC 9-30-3-2.5; and
392	392	2 (C) between county court case management systems and the
393	393	3 case management system developed and operated by the office
394	394	4 of judicial administration.
395	395	5 The standard protocol developed and implemented under this
396	396	6 subdivision shall permit private sector vendors, including vendors
397	397	7 providing service to a local system and vendors accessing the
398	398	8 system for information, to send and receive court information on
399	399	9 an equitable basis and at an equitable cost. and for a case
400	400	10 management system developed and operated by the office of
401	401	11 judicial administration, must include a searchable field for the
402	402	12 name and bail agent license number, if applicable, of the bail
403	403	13 agent or a person authorized by the surety that pays bail for an
404	404	14 individual as described in IC 35-33-8-3.2.
405	405	15 (8) Establish and administer an electronic system for receiving
406	406	16 information that relates to certain individuals who may be
407	407	17 prohibited from possessing a firearm for the purpose of:
408	408	18 (A) transmitting this information to the Federal Bureau of
409	409	19 Investigation for inclusion in the NICS; and
410	410	20 (B) beginning July 1, 2021, compiling and publishing certain
411	411	21 statistics related to the confiscation and retention of firearms
412	412	22 as described under section 14 of this chapter.
413	413	23 (9) Establish and administer an electronic system for receiving
414	414	24 drug related felony conviction information from courts. The office
415	415	25 of judicial administration shall notify NPLEx of each drug related
416	416	26 felony entered after June 30, 2012, and do the following:
417	417	27 (A) Provide NPLEx with the following information:
418	418	28 (i) The convicted individual's full name.
419	419	29 (ii) The convicted individual's date of birth.
420	420	30 (iii) The convicted individual's driver's license number, state
421	421	31 personal identification number, or other unique number, if
422	422	32 available.
423	423	33 (iv) The date the individual was convicted of the felony.
424	424	34 Upon receipt of the information from the office of judicial
425	425	35 administration, a stop sale alert must be generated through
426	426	36 NPLEx for each individual reported under this clause.
427	427	37 (B) Notify NPLEx if the felony of an individual reported under
428	428	38 clause (A) has been:
429	429	39 (i) set aside;
430	430	40 (ii) reversed;
431	431	41 (iii) expunged; or
432	432	42 (iv) vacated.
433	433	2024 IN 1263—LS 6411/DI 106 11
434	434	1 Upon receipt of information under this clause, NPLEx shall
435	435	2 remove the stop sale alert issued under clause (A) for the
436	436	3 individual.
437	437	4 (10) After July 1, 2018, establish and administer an electronic
438	438	5 system for receiving from courts felony or misdemeanor
439	439	6 conviction information for each felony or misdemeanor described
440	440	7 in IC 20-28-5-8(c). The office of judicial administration shall
441	441	8 notify the department of education at least one (1) time each week
442	442	9 of each felony or misdemeanor described in IC 20-28-5-8(c)
443	443	10 entered after July 1, 2018, and do the following:
444	444	11 (A) Provide the department of education with the following
445	445	12 information:
446	446	13 (i) The convicted individual's full name.
447	447	14 (ii) The convicted individual's date of birth.
448	448	15 (iii) The convicted individual's driver's license number, state
449	449	16 personal identification number, or other unique number, if
450	450	17 available.
451	451	18 (iv) The date the individual was convicted of the felony or
452	452	19 misdemeanor.
453	453	20 (B) Notify the department of education if the felony or
454	454	21 misdemeanor of an individual reported under clause (A) has
455	455	22 been:
456	456	23 (i) set aside;
457	457	24 (ii) reversed; or
458	458	25 (iii) vacated.
459	459	26 (11) Perform legal and administrative duties for the justices as
460	460	27 determined by the justices.
461	461	28 (12) Provide staff support for the judicial conference of Indiana
462	462	29 established in IC 33-38-9.
463	463	30 (13) Work with the United States Department of Veterans Affairs
464	464	31 to identify and address the needs of veterans in the court system.
465	465	32 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
466	466	33 judicial officer an identification card identifying the retired
467	467	34 judicial officer as a retired judicial officer.
468	468	35 (15) Establish and administer the statewide juvenile justice data
469	469	36 aggregation plan established under section 12.5 of this chapter.
470	470	37 (16) Create and make available an application for detention to be
471	471	38 used in proceedings under IC 12-26-5 (mental health detention,
472	472	39 commitment, and treatment).
473	473	40 (b) All forms to be used in gathering data must be approved by the
474	474	41 supreme court and shall be distributed to all judges and clerks before
475	475	42 the start of each period for which reports are required.
476	476	2024 IN 1263—LS 6411/DI 106 12
477	477	1 (c) The office of judicial administration may adopt rules to
478	478	2 implement this section.
479	479	3 SECTION 8. IC 34-30-2.1-556 IS REPEALED [EFFECTIVE JULY
480	480	4 1, 2024]. Sec. 556. IC 35-33-8-4.5(b) (Concerning a defendant's failure
481	481	5 to appear).
482	482	6 SECTION 9. IC 35-31.5-2-24.8 IS ADDED TO THE INDIANA
483	483	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
484	484	8 [EFFECTIVE JULY 1, 2024]: Sec. 24.8. "Bail", for purposes of
485	485	9 IC 35-33-8, has the meaning set forth in IC 35-33-8-0.8.
486	486	10 SECTION 10. IC 35-31.5-2-204.7 IS ADDED TO THE INDIANA
487	487	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
488	488	12 [EFFECTIVE JULY 1, 2024]: Sec. 204.7. "Money bail", for
489	489	13 purposes of IC 35-33-8, has the meaning set forth in IC 35-33-8-1.3.
490	490	14 SECTION 11. IC 35-31.5-2-262 IS REPEALED [EFFECTIVE
491	491	15 JULY 1, 2024]. Sec. 262. "Publicly paid costs of representation", for
492	492	16 purposes of IC 35-33-8, has the meaning set forth in IC 35-33-8-1.5.
493	493	17 SECTION 12. IC 35-33-8-0.6 IS REPEALED [EFFECTIVE JULY
494	494	18 1, 2024]. Sec. 0.6. (a) Neither the state nor a political subdivision (as
495	495	19 defined in IC 36-1-2-13) may:
496	496	20 (1) post bail for any person; or
497	497	21 (2) for the purpose of posting bail for any person, provide a grant
498	498	22 or other funding, directly or indirectly, to an entity that posts bail
499	499	23 for any person.
500	500	24 (b) A person that accepts donations for the purpose of depositing
501	501	25 cash bail for another person may not accept a grant or other funding,
502	502	26 directly or indirectly, from a political subdivision.
503	503	27 SECTION 13. IC 35-33-8-0.8 IS ADDED TO THE INDIANA
504	504	28 CODE AS A NEW SECTION TO READ AS FOLLOWS
505	505	29 [EFFECTIVE JULY 1, 2024]: Sec. 0.8. As used in this chapter,
506	506	30 "bail" means a requirement imposed on a defendant as a condition
507	507	31 of pretrial release.
508	508	32 SECTION 14. IC 35-33-8-1.3 IS ADDED TO THE INDIANA
509	509	33 CODE AS A NEW SECTION TO READ AS FOLLOWS
510	510	34 [EFFECTIVE JULY 1, 2024]: Sec. 1.3. As used in this chapter,
511	511	35 "money bail" means:
512	512	36 (1) execution of a bail bond with sufficient solvent sureties;
513	513	37 (2) depositing cash or securities as a condition of bail;
514	514	38 (3) executing a bond secured by real estate;
515	515	39 (4) posting a real estate bond; or
516	516	40 (5) pledging any other property;
517	517	41 as a condition of pretrial release. The term does not include a fee
518	518	42 imposed by the court to defray the expenses of supervising or
519	519	2024 IN 1263—LS 6411/DI 106 13
520	520	1 providing services to a defendant while the defendant is released on
521	521	2 bail.
522	522	3 SECTION 15. IC 35-33-8-1.5 IS REPEALED [EFFECTIVE JULY
523	523	4 1, 2024]. Sec. 1.5. As used in this chapter, "publicly paid costs of
524	524	5 representation" means the portion of all attorney's fees, expenses, or
525	525	6 wages incurred by the county that are:
526	526	7 (1) directly attributable to the defendant's defense; and
527	527	8 (2) not overhead expenditures made in connection with the
528	528	9 maintenance or operation of a governmental agency.
529	529	10 SECTION 16. IC 35-33-8-3.2, AS AMENDED BY P.L.205-2023,
530	530	11 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
531	531	12 JULY 1, 2024]: Sec. 3.2. (a) After considering the results of the Indiana
532	532	13 pretrial risk assessment system (if available), other relevant factors, and
533	533	14 bail guidelines described in section 3.8 of this chapter, a court may
534	534	15 admit a defendant to bail and impose any of the following conditions
535	535	16 to assure the defendant's appearance at any stage of the legal
536	536	17 proceedings, or, upon a showing of clear and convincing evidence that
537	537	18 the defendant poses a risk of physical danger to another person or the
538	538	19 community, to assure the public's physical safety:
539	539	20 (1) Require the defendant to:
540	540	21 (A) execute a bail bond with sufficient solvent sureties;
541	541	22 (B) deposit cash or securities in an amount equal to the bail;
542	542	23 (C) execute a bond secured by real estate in the county, where
543	543	24 thirty-three hundredths (0.33) of the true tax value less
544	544	25 encumbrances is at least equal to the amount of the bail;
545	545	26 (D) post a real estate bond; or
546	546	27 (E) perform any combination of the requirements described in
547	547	28 clauses (A) through (D).
548	548	29 If the court requires the defendant to deposit cash or cash and
549	549	30 another form of security as bail, the court may require the
550	550	31 defendant and each person who makes the deposit on behalf of the
551	551	32 defendant to execute an agreement that allows the court to retain
552	552	33 all or a part of the cash to pay publicly paid costs of
553	553	34 representation and fines, costs, fees, and restitution that the court
554	554	35 may order the defendant to pay if the defendant is convicted.
555	555	36 Before execution of the agreement, the defendant or person who
556	556	37 makes the deposit on behalf of the defendant shall be advised that,
557	557	38 upon conviction of the defendant, the court may retain from the
558	558	39 cash deposited as bail all or a part of the cash to pay publicly paid
559	559	40 costs of representation and fines, costs, fees, and restitution that
560	560	41 the court may order the defendant to pay if the defendant is
561	561	42 convicted. The defendant must also pay the fee required by
562	562	2024 IN 1263—LS 6411/DI 106 14
563	563	1 subsection (d).
564	564	2 (2) Require the defendant to execute:
565	565	3 (A) a bail bond by depositing cash or securities with the clerk
566	566	4 of the court in an amount not less than ten percent (10%) of
567	567	5 the bail; and
568	568	6 (B) an agreement that allows the court to retain all or a part of
569	569	7 the cash or securities to pay fines, costs, fees, and restitution
570	570	8 that the court may order the defendant to pay if the defendant
571	571	9 is convicted.
572	572	10 A portion of the deposit, not to exceed ten percent (10%) of the
573	573	11 monetary value of the deposit or fifty dollars ($50), whichever is
574	574	12 the lesser amount, may be retained as an administrative fee. The
575	575	13 clerk shall also retain from the deposit under this subdivision
576	576	14 fines, costs, fees, and restitution as ordered by the court, publicly
577	577	15 paid costs of representation that shall be disposed of in
578	578	16 accordance with subsection (b), and the fee required by
579	579	17 subsection (d). In the event of the posting of a real estate bond,
580	580	18 the bond shall be used only to insure the presence of the
581	581	19 defendant at any stage of the legal proceedings, but shall not be
582	582	20 foreclosed for the payment of fines, costs, fees, or restitution. The
583	583	21 individual posting bail for the defendant or the defendant
584	584	22 admitted to bail under this subdivision must be notified by the
585	585	23 sheriff, court, or clerk that the defendant's deposit may be
586	586	24 forfeited under section 7 of this chapter or retained under
587	587	25 subsection (b).
588	588	26 (3) (1) Impose reasonable restrictions on the activities,
589	589	27 movements, associations, and residence of the defendant during
590	590	28 the period of release.
591	591	29 (4) (2) Except as provided in section 3.6 of this chapter, require
592	592	30 the defendant to refrain from any direct or indirect contact with an
593	593	31 individual and, if the defendant has been charged with an offense
594	594	32 under IC 35-46-3, any animal belonging to the individual,
595	595	33 including if the defendant has not been released from lawful
596	596	34 detention.
597	597	35 (5) (3) Place the defendant under the reasonable supervision of a
598	598	36 probation officer, pretrial services agency, or other appropriate
599	599	37 public official. If the court places the defendant under the
600	600	38 supervision of a probation officer or pretrial services agency, the
601	601	39 court shall determine whether the defendant must pay the pretrial
602	602	40 services fee under section 3.3 of this chapter.
603	603	41 (6) (4) Release the defendant into the care of a qualified person
604	604	42 or organization responsible for supervising the defendant and
605	605	2024 IN 1263—LS 6411/DI 106 15
606	606	1 assisting the defendant in appearing in court. The supervisor shall
607	607	2 maintain reasonable contact with the defendant in order to assist
608	608	3 the defendant in making arrangements to appear in court and,
609	609	4 where appropriate, shall accompany the defendant to court. The
610	610	5 supervisor need not be financially responsible for the defendant.
611	611	6 (7) (5) Release the defendant on personal recognizance unless:
612	612	7 (A) the state presents evidence relevant to a risk by the
613	613	8 defendant:
614	614	9 (i) of nonappearance; or
615	615	10 (ii) to the physical safety of the public; and
616	616	11 (B) the court finds by a preponderance of the evidence that the
617	617	12 risk exists.
618	618	13 (8) (6) Require a defendant charged with an offense under
619	619	14 IC 35-46-3 to refrain from owning, harboring, or training an
620	620	15 animal.
621	621	16 (9) (7) Require a defendant to participate in a mental health
622	622	17 referral program under IC 33-23-18.
623	623	18 (10) (8) Impose any other reasonable restrictions designed to
624	624	19 assure the defendant's presence in court or the physical safety of
625	625	20 another person or the community. However, a court may never
626	626	21 impose money bail.
627	627	22 (b) Within thirty (30) days after disposition of the charges against
628	628	23 the defendant, the court that admitted the defendant to bail shall order
629	629	24 the clerk to remit the amount of the deposit remaining under subsection
630	630	25 (a)(2) to the person who made the deposit. The portion of the deposit
631	631	26 that is not remitted to the person who made the deposit shall be
632	632	27 deposited by the clerk in the supplemental public defender services
633	633	28 fund established under IC 33-40-3.
634	634	29 (c) For purposes of subsection (b), "disposition" occurs when the
635	635	30 indictment or information is dismissed or the defendant is acquitted or
636	636	31 convicted of the charges.
637	637	32 (d) Except as provided in subsection (e), the clerk of the court shall:
638	638	33 (1) collect a fee of five dollars ($5) from each bond or deposit
639	639	34 required under subsection (a)(1); and
640	640	35 (2) retain a fee of five dollars ($5) from each deposit under
641	641	36 subsection (a)(2).
642	642	37 The clerk of the court shall semiannually remit the fees collected under
643	643	38 this subsection to the board of trustees of the Indiana public retirement
644	644	39 system for deposit in the special death benefit fund. The fee required
645	645	40 by subdivision (2) is in addition to the administrative fee retained under
646	646	41 subsection (a)(2).
647	647	42 (e) With the approval of the clerk of the court, the county sheriff
648	648	2024 IN 1263—LS 6411/DI 106 16
649	649	1 may collect the bail posted under this section. The county sheriff shall
650	650	2 remit the bail to the clerk of the court by the following business day
651	651	3 and remit monthly the five dollar ($5) special death benefit fee to the
652	652	4 county auditor.
653	653	5 (f) When a court imposes a condition of bail described in subsection
654	654	6 (a)(4):
655	655	7 (1) the clerk of the court shall comply with IC 5-2-9; and
656	656	8 (2) the prosecuting attorney shall file a confidential form
657	657	9 prescribed or approved by the office of judicial administration
658	658	10 with the clerk.
659	659	11 (g) The clerk of the court shall record the name, address, and bail
660	660	12 agent license number, if applicable, of the bail agent or a person
661	661	13 authorized by the surety posting bail for the defendant in the county
662	662	14 court electronic case management system.
663	663	15 SECTION 17. IC 35-33-8-3.5, AS AMENDED BY P.L.187-2017,
664	664	16 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
665	665	17 JULY 1, 2024]: Sec. 3.5. (a) This section applies only to a sexually
666	666	18 violent predator defendant.
667	667	19 (b) As used in this section, "sexually violent predator defendant"
668	668	20 means a person who:
669	669	21 (1) is a sexually violent predator under IC 35-38-1-7.5; and
670	670	22 (2) is arrested for or charged with the commission of an offense
671	671	23 that would classify the person as a sex or violent offender (as
672	672	24 defined in IC 11-8-8-5).
673	673	25 (c) A court may not admit a:
674	674	26 (1) sexually violent predator defendant;
675	675	27 (2) person charged with child molesting (IC 35-42-4-3); or
676	676	28 (3) person charged with child solicitation (IC 35-42-4-6);
677	677	29 to bail until the court has conducted a bail hearing in open court.
678	678	30 Except as provided in section 6 of this chapter, the court shall conduct
679	679	31 a bail hearing not later than forty-eight (48) hours after the person has
680	680	32 been arrested, unless exigent circumstances prevent holding the
681	681	33 hearing within forty-eight (48) hours.
682	682	34 (d) At the conclusion of the hearing described in subsection (c) and
683	683	35 after consideration of the bail guidelines described in section 3.8 of this
684	684	36 chapter, the court shall consider whether the factors described in
685	685	37 section 4 of this chapter warrant the imposition of a bail amount that
686	686	38 exceeds court or county guidelines, if applicable.
687	687	39 SECTION 18. IC 35-33-8-3.8, AS ADDED BY P.L.187-2017,
688	688	40 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
689	689	41 JULY 1, 2024]: Sec. 3.8. (a) A court shall consider the results of the
690	690	42 Indiana pretrial risk assessment system (if available) before setting or
691	691	2024 IN 1263—LS 6411/DI 106 17
692	692	1 modifying bail for an arrestee.
693	693	2 (b) If the court finds, based on the results of the Indiana pretrial risk
694	694	3 assessment system (if available) and other relevant factors, that an
695	695	4 arrestee does not present a substantial risk of flight or danger to the
696	696	5 arrestee or others, the court shall consider releasing the arrestee
697	697	6 without money bail or surety, subject to restrictions and conditions as
698	698	7 determined by the court, unless one (1) or more of the following apply:
699	699	8 (1) The arrestee is charged with murder or treason.
700	700	9 (2) The arrestee is on pretrial release not related to the incident
701	701	10 that is the basis for the present arrest.
702	702	11 (3) The arrestee is on probation, parole, or other community
703	703	12 supervision.
704	704	13 However, the court is not required to administer an assessment before
705	705	14 releasing an arrestee if administering the assessment will delay the
706	706	15 arrestee's release.
707	707	16 SECTION 19. IC 35-33-8-3.9, AS ADDED BY P.L.187-2017,
708	708	17 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
709	709	18 JULY 1, 2024]: Sec. 3.9. (a) If the court determines that an arrestee is
710	710	19 to be held subject to money bail, the court is authorized to determine
711	711	20 the amount of bail and whether the bail may be satisfied by surety bond
712	712	21 or cash deposit.
713	713	22 (b) The court may set and accept a partial cash payment of the bail
714	714	23 upon conditions set by the court, including the arrestee's agreement
715	715	24 (and the agreement of a person who makes a cash payment on behalf
716	716	25 of an arrestee, if applicable) that all court costs, fees, and expenses
717	717	26 associated with the proceeding shall be paid from the partial payment.
718	718	27 (c) If the court authorizes the acceptance of a cash partial payment
719	719	28 to satisfy bail, the court shall first secure the arrestee's agreement (and
720	720	29 the agreement of a person who makes a cash payment on behalf of an
721	721	30 arrestee, if applicable) that, in the event of failure to appear as
722	722	31 scheduled, the deposit shall be forfeited and the arrestee must also pay
723	723	32 any additional amounts needed to satisfy the full amount of bail plus
724	724	33 associated court costs, fees, and expenses. Money bail is abolished in
725	725	34 Indiana.
726	726	35 SECTION 20. IC 35-33-8-4, AS AMENDED BY P.L.187-2017,
727	727	36 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
728	728	37 JULY 1, 2024]: Sec. 4. (a) The court shall order the amount in
729	729	38 conditions under which a person charged by an indictment or
730	730	39 information is to be held to bail, and the clerk shall enter the order on
731	731	40 the order book and indorse the amount indicate the bail conditions on
732	732	41 each warrant when issued. If no order fixing the amount of conditions
733	733	42 of bail has been made, the sheriff shall present the warrant to the judge
734	734	2024 IN 1263—LS 6411/DI 106 18
735	735	1 of an appropriate court of criminal jurisdiction, and the judge shall
736	736	2 indorse indicate on the warrant the amount conditions of bail.
737	737	3 (b) Bail conditions may not be set higher more rigorous than that
738	738	4 amount those reasonably required to assure the defendant's appearance
739	739	5 in court or to assure the physical safety of another person or the
740	740	6 community if the court finds by clear and convincing evidence that the
741	741	7 defendant poses a risk to the physical safety of another person or the
742	742	8 community. In setting and accepting an amount of bail conditions, the
743	743	9 judicial officer shall consider the bail guidelines described in section
744	744	10 3.8 of this chapter and take into account all facts relevant to the risk of
745	745	11 nonappearance, including:
746	746	12 (1) the length and character of the defendant's residence in the
747	747	13 community;
748	748	14 (2) the defendant's employment status and history and the
749	749	15 defendant's ability to give bail;
750	750	16 (3) the defendant's family ties and relationships;
751	751	17 (4) the defendant's character, reputation, habits, and mental
752	752	18 condition;
753	753	19 (5) the defendant's criminal or juvenile record, insofar as it
754	754	20 demonstrates instability and a disdain for the court's authority to
755	755	21 bring the defendant to trial;
756	756	22 (6) the defendant's previous record in not responding to court
757	757	23 appearances when required or with respect to flight to avoid
758	758	24 criminal prosecution;
759	759	25 (7) the nature and gravity of the offense and the potential penalty
760	760	26 faced, insofar as these factors are relevant to the risk of
761	761	27 nonappearance;
762	762	28 (8) the source of funds or property to be used to post bail or to pay
763	763	29 a premium, insofar as it affects the risk of nonappearance;
764	764	30 (9) that the defendant is a foreign national who is unlawfully
765	765	31 present in the United States under federal immigration law; and
766	766	32 (10) any other factors, including any evidence of instability and
767	767	33 a disdain for authority, which might indicate that the defendant
768	768	34 might not recognize and adhere to the authority of the court to
769	769	35 bring the defendant to trial.
770	770	36 SECTION 21. IC 35-33-8-4.5 IS REPEALED [EFFECTIVE JULY
771	771	37 1, 2024]. Sec. 4.5. (a) If bail is set for a defendant who is a foreign
772	772	38 national who is unlawfully present in the United States under federal
773	773	39 immigration law, after considering the results of the Indiana pretrial
774	774	40 risk assessment system (if available) and other relevant factors, and the
775	775	41 bail guidelines described in section 3.8 of this chapter, the court shall
776	776	42 consider requiring as bail a:
777	777	2024 IN 1263—LS 6411/DI 106 19
778	778	1 (1) cash bond in an amount equal to the bail;
779	779	2 (2) real estate bond in which the net equity in the real estate is at
780	780	3 least two (2) times the amount of the bail; or
781	781	4 (3) surety bond in the full amount of the bail that is written by a
782	782	5 licensed and appointed agent of an insurer (as defined in
783	783	6 IC 27-10-1-7).
784	784	7 (b) If the defendant for whom bail has been posted under this
785	785	8 section does not appear before the court as ordered because the
786	786	9 defendant has been:
787	787	10 (1) taken into custody or deported by a federal agency; or
788	788	11 (2) arrested and incarcerated for another offense;
789	789	12 the bond posted under this section may not be declared forfeited by the
790	790	13 court and the insurer (as defined in IC 27-10-1-7) that issued the bond
791	791	14 is released from any liability regarding the defendant's failure to
792	792	15 appear.
793	793	16 SECTION 22. IC 35-33-8-5, AS AMENDED BY P.L.111-2017,
794	794	17 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
795	795	18 JULY 1, 2024]: Sec. 5. (a) Upon a showing of good cause, the state or
796	796	19 the defendant may be granted an alteration or revocation of bail by
797	797	20 application to the court before which the proceeding is pending. In
798	798	21 reviewing a motion for alteration or revocation of bail, credible hearsay
799	799	22 evidence is admissible to establish good cause.
800	800	23 (b) When the state presents additional:
801	801	24 (1) evidence relevant to a high risk of nonappearance, based on
802	802	25 the factors set forth in section 4(b) of this chapter; or
803	803	26 (2) clear and convincing evidence:
804	804	27 (A) of the factors described in IC 35-40-6-6(1)(A) and
805	805	28 IC 35-40-6-6(1)(B); or
806	806	29 (B) that the defendant otherwise poses a risk to the physical
807	807	30 safety of another person or the community;
808	808	31 the court may increase impose more rigorous bail conditions. If the
809	809	32 additional evidence presented by the state is DNA evidence tending to
810	810	33 show that the defendant committed additional crimes that were not
811	811	34 considered at the time the defendant was admitted to bail, the court
812	812	35 may increase impose more rigorous bail conditions or revoke bail.
813	813	36 (c) When the defendant presents additional evidence of substantial
814	814	37 mitigating factors, based on the factors set forth in section 4(b) of this
815	815	38 chapter, which reasonably suggests that the defendant recognizes the
816	816	39 court's authority to bring the defendant to trial, the court may reduce
817	817	40 impose less rigorous bail conditions. However, the court may not
818	818	41 reduce impose less rigorous bail conditions if the court finds by clear
819	819	42 and convincing evidence that the factors described in
820	820	2024 IN 1263—LS 6411/DI 106 20
821	821	1 IC 35-40-6-6(1)(A) and IC 35-40-6-6(1)(B) exist or that the defendant
822	822	2 otherwise poses a risk to the physical safety of another person or the
823	823	3 community.
824	824	4 (d) The court may revoke bail or an order for release on personal
825	825	5 recognizance upon clear and convincing proof by the state that:
826	826	6 (1) while admitted to bail the defendant:
827	827	7 (A) or the defendant's agent threatened or intimidated a victim,
828	828	8 prospective witnesses, or jurors concerning the pending
829	829	9 criminal proceeding or any other matter;
830	830	10 (B) or the defendant's agent attempted to conceal or destroy
831	831	11 evidence relating to the pending criminal proceeding;
832	832	12 (C) violated any condition of the defendant's current release
833	833	13 order;
834	834	14 (D) failed to appear before the court as ordered at any critical
835	835	15 stage of the proceedings; or
836	836	16 (E) committed a felony or a Class A misdemeanor that
837	837	17 demonstrates instability and a disdain for the court's authority
838	838	18 to bring the defendant to trial;
839	839	19 (2) the factors described in IC 35-40-6-6(1)(A) and
840	840	20 IC 35-40-6-6(1)(B) exist or that the defendant otherwise poses a
841	841	21 risk to the physical safety of another person or the community; or
842	842	22 (3) a combination of the factors described in subdivisions (1) and
843	843	23 (2) exists.
844	844	24 SECTION 23. IC 35-33-8-7 IS REPEALED [EFFECTIVE JULY 1,
845	845	25 2024]. Sec. 7. (a) If a defendant:
846	846	26 (1) was admitted to bail under section 3.2(a)(2) of this chapter;
847	847	27 and
848	848	28 (2) has failed to appear before the court as ordered;
849	849	29 the court shall, except as provided in subsection (b) or section 8(b) of
850	850	30 this chapter, declare the bond forfeited not earlier than one hundred
851	851	31 twenty (120) days or more than three hundred sixty-five (365) days
852	852	32 after the defendant's failure to appear and issue a warrant for the
853	853	33 defendant's arrest.
854	854	34 (b) In a criminal case, if the court having jurisdiction over the
855	855	35 criminal case receives written notice of a pending civil action or
856	856	36 unsatisfied judgment against the criminal defendant arising out of the
857	857	37 same transaction or occurrence forming the basis of the criminal case,
858	858	38 funds deposited with the clerk of the court under section 3.2(a)(2) of
859	859	39 this chapter may not be declared forfeited by the court, and the court
860	860	40 shall order the deposited funds to be held by the clerk. If there is an
861	861	41 entry of final judgment in favor of the plaintiff in the civil action, and
862	862	42 if the deposit and the bond are subject to forfeiture, the criminal court
863	863	2024 IN 1263—LS 6411/DI 106 21
864	864	1 shall order payment of all or any part of the deposit to the plaintiff in
865	865	2 the action, as is necessary to satisfy the judgment. The court shall then
866	866	3 order the remainder of the deposit, if any, and the bond forfeited.
867	867	4 (c) Any proceedings concerning the bond, or its forfeiture,
868	868	5 judgment, or execution of judgment, shall be held in the court that
869	869	6 admitted the defendant to bail.
870	870	7 (d) After a bond has been forfeited under subsection (a) or (b), the
871	871	8 clerk shall mail notice of forfeiture to the defendant. In addition, unless
872	872	9 the court finds that there was justification for the defendant's failure to
873	873	10 appear, the court shall immediately enter judgment, without pleadings
874	874	11 and without change of judge or change of venue, against the defendant
875	875	12 for the amount of the bail bond, and the clerk shall record the
876	876	13 judgment.
877	877	14 (e) If a bond is forfeited and the court has entered a judgment under
878	878	15 subsection (d), the clerk shall transfer to the state common school fund:
879	879	16 (1) any amount remaining on deposit with the court (less the fees
880	880	17 retained by the clerk); and
881	881	18 (2) any amount collected in satisfaction of the judgment.
882	882	19 (f) The clerk shall return a deposit, less the administrative fee, made
883	883	20 under section 3.2(a)(2) of this chapter to the defendant, if the defendant
884	884	21 appeared at trial and the other critical stages of the legal proceedings.
885	885	22 SECTION 24. IC 35-33-8-8 IS AMENDED TO READ AS
886	886	23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) If a defendant
887	887	24 was admitted to bail under section 3.2(a) 3.2 of this chapter and the
888	888	25 defendant has knowingly and intentionally failed to appear before the
889	889	26 court as ordered, the court:
890	890	27 (1) shall issue a warrant for the defendant's arrest;
891	891	28 (2) may not release the defendant on personal recognizance; and
892	892	29 (3) may not set less rigorous bail conditions for the rearrest of
893	893	30 the defendant on the warrant than the bail conditions originally
894	894	31 imposed by the court. at an amount that is less than the greater
895	895	32 of:
896	896	33 (A) the amount of the original bail; or
897	897	34 (B) two thousand five hundred dollars ($2,500);
898	898	35 in the form of a bond issued by an entity defined in IC 27-10-1-7
899	899	36 or the full amount of the bond in cash.
900	900	37 (b) In a criminal case, if the court having jurisdiction over the
901	901	38 criminal case receives written notice of a pending civil action or
902	902	39 unsatisfied judgment against the criminal defendant arising out of the
903	903	40 same transaction or occurrence forming the basis of the criminal case,
904	904	41 funds deposited with the clerk of the court under section 3.2(a)(2) of
905	905	42 this chapter may not be declared forfeited by the court, and the court
906	906	2024 IN 1263—LS 6411/DI 106 22
907	907	1 shall order the deposited funds to be held by the clerk. If there is an
908	908	2 entry of final judgment in favor of the plaintiff in the civil action, and
909	909	3 if the deposit is subject to forfeiture, the criminal court shall order
910	910	4 payment of all or any part of the deposit to the plaintiff in the action, as
911	911	5 is necessary to satisfy the judgment. The court shall then order the
912	912	6 remainder of the deposit, if any, forfeited.
913	913	7 SECTION 25. IC 35-33-8-10 IS REPEALED [EFFECTIVE JULY
914	914	8 1, 2024]. Sec. 10. In addition to any other condition of bail imposed
915	915	9 under this chapter, a defendant who posts bail by means of a credit card
916	916	10 shall pay the credit card service fee under IC 33-37-6.
917	917	11 SECTION 26. IC 35-33-8-12, AS ADDED BY P.L.138-2020,
918	918	12 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
919	919	13 JULY 1, 2024]: Sec. 12. (a) As used in this section, "disposition" has
920	920	14 the meaning set forth in section 3.2(c) of this chapter. occurs when the
921	921	15 indictment or information is dismissed or the defendant is
922	922	16 acquitted or convicted of the charges.
923	923	17 (b) The Indiana criminal justice institute shall collect the following
924	924	18 data from each court exercising criminal jurisdiction in Indiana:
925	925	19 (1) Of those defendants who are released on personal
926	926	20 recognizance, the number of defendants who are rearrested before
927	927	21 the disposition of the defendant's charges.
928	928	22 (2) Of those defendants who are released pursuant to the payment
929	929	23 of money bail (before the abolition of money bail) of one
930	930	24 thousand dollars ($1,000) or less, the number of defendants who
931	931	25 are rearrested before the disposition of the defendant's charges.
932	932	26 (c) Data collected under subsection (b) shall be compiled in such a
933	933	27 manner to present the rearrest rate for:
934	934	28 (1) the entire state;
935	935	29 (2) each county; and
936	936	30 (3) each circuit, superior, city, and town court, including each
937	937	31 separate division of each court, if applicable.
938	938	32 (d) The Indiana criminal justice institute shall, before August 1,
939	939	33 2021, and before August 1 of each year thereafter, submit an annual
940	940	34 report containing the information collected under this section to the
941	941	35 legislative council in an electronic format under IC 5-14-6. The initial
942	942	36 report submitted by the Indiana criminal justice institute before August
943	943	37 1, 2021, must also include all data described in subsection (b) for the
944	944	38 period beginning after December 31, 2019, through December 31,
945	945	39 2020.
946	946	40 SECTION 27. IC 35-33-8-13 IS ADDED TO THE INDIANA
947	947	41 CODE AS A NEW SECTION TO READ AS FOLLOWS
948	948	42 [EFFECTIVE JULY 1, 2024]: Sec. 13. When any person is indicted
949	949	2024 IN 1263—LS 6411/DI 106 23
950	950	1 for murder, the court in which the indictment is pending, upon
951	951	2 motion, upon application by writ of habeas corpus, may admit the
952	952	3 defendant to bail when it appears upon examination that the
953	953	4 defendant is entitled to be let to bail.
954	954	5 SECTION 28. IC 35-33-8-14 IS ADDED TO THE INDIANA
955	955	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
956	956	7 [EFFECTIVE JULY 1, 2024]: Sec. 14. The sheriff must return every
957	957	8 process issued to the sheriff with the sheriff's activities fully
958	958	9 endorsed thereon, and every process, judgment, and commitment
959	959	10 of the circuit and criminal courts must be executed by the sheriff.
960	960	11 SECTION 29. IC 35-33-8.5 IS REPEALED [EFFECTIVE JULY 1,
961	961	12 2024]. (Bail and Recognizance).
962	962	13 SECTION 30. IC 35-33-14-5 IS AMENDED TO READ AS
963	963	14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. The fund consists of
964	964	15 the portion of late surrender fees deposited in the fund under
965	965	16 IC 27-10-2-12(i) (before its repeal).
966	966	17 SECTION 31. IC 35-40-6-6 IS AMENDED TO READ AS
967	967	18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. If:
968	968	19 (1) a victim submits to the prosecuting attorney an affidavit
969	969	20 asserting:
970	970	21 (A) that an act or threat of physical violence or intimidation
971	971	22 has been made against the victim or the immediate family of
972	972	23 the victim; and
973	973	24 (B) that the act or threat described in clause (A) has been
974	974	25 made by the defendant or at the direction of the defendant; and
975	975	26 (2) the prosecuting attorney has reason to believe the allegations
976	976	27 in the affidavit are true and warrant the filing of a motion for bond
977	977	28 revocation;
978	978	29 the prosecuting attorney shall file a motion under IC 35-33-8-5
979	979	30 requesting the court to revoke the defendant's bond bail or order for
980	980	31 personal recognizance.
981	981	32 SECTION 32. IC 35-52-27-14 IS REPEALED [EFFECTIVE JULY
982	982	33 1, 2024]. Sec. 14. IC 27-10-4-1 defines a crime concerning bail law.
983	983	34 SECTION 33. IC 35-52-27-15 IS REPEALED [EFFECTIVE JULY
984	984	35 1, 2024]. Sec. 15. IC 27-10-4-2 defines a crime concerning bail law.
985	985	36 SECTION 34. IC 35-52-27-16 IS REPEALED [EFFECTIVE JULY
986	986	37 1, 2024]. Sec. 16. IC 27-10-4-3 defines a crime concerning bail law.
987	987	38 SECTION 35. IC 35-52-27-17 IS REPEALED [EFFECTIVE JULY
988	988	39 1, 2024]. Sec. 17. IC 27-10-4-4 defines a crime concerning bail law.
989	989	40 SECTION 36. IC 35-52-27-18 IS REPEALED [EFFECTIVE JULY
990	990	41 1, 2024]. Sec. 18. IC 27-10-4-5 defines a crime concerning bail law.
991	991	42 SECTION 37. IC 35-52-27-19 IS REPEALED [EFFECTIVE JULY
992	992	2024 IN 1263—LS 6411/DI 106 24
993	993	1 1, 2024]. Sec. 19. IC 27-10-4-6 defines a crime concerning bail law.
994	994	2 SECTION 38. [EFFECTIVE JULY 1, 2024] (a) Provisions of this
995	995	3 act concerning the abolition of money bail, including the repeal of
996	996	4 IC 27-10, apply only to bail imposed or modified after June 30,
997	997	5 2024.
998	998	6 (b) This SECTION expires July 1, 2028.
999	999	2024 IN 1263—LS 6411/DI 106