Indiana 2024 Regular Session

Indiana House Bill HB1293 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. 1293
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 33-23-16.
7	7	Synopsis: Family domestic violence court. Establishes a family
8	8	domestic violence court. Provides that an order in a dispositional
9	9	decree for a child in need of services case can include participation in
10	10	a family domestic violence court or mental health court through a
11	11	problem solving court program.
12	12	Effective: July 1, 2024.
13	13	Miller K
14	14	January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
15	15	2024 IN 1293—LS 6810/DI 151 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. 1293
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	courts and court officers.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 33-23-16-6.5 IS ADDED TO THE INDIANA
31	31	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
32	32	3 [EFFECTIVE JULY 1, 2024]: Sec. 6.5. As used in this chapter,
33	33	4 "family domestic violence court" means a problem solving court
34	34	5 that supports families that include a child who has been
35	35	6 adjudicated a child in need of services and focuses on the safety of
36	36	7 the victim and the abuser's accountability by:
37	37	8 (1) bringing together nonviolence and other professionals,
38	38	9 local social programs, and intensive judicial monitoring;
39	39	10 (2) linking victims and abusers to programs and services; and
40	40	11 (3) linking eligible household members to programs and
41	41	12 services.
42	42	13 SECTION 2. IC 33-23-16-11, AS AMENDED BY P.L.9-2022,
43	43	14 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44	44	15 JULY 1, 2024]: Sec. 11. A city court or county court may establish a
45	45	16 problem solving court. A problem solving court established under this
46	46	17 section may be:
47	47	2024 IN 1293—LS 6810/DI 151 2
48	48	1 (1) a drug court;
49	49	2 (2) a mental health court;
50	50	3 (3) a family dependency drug court;
51	51	4 (4) a community court;
52	52	5 (5) a reentry court;
53	53	6 (6) a domestic violence court;
54	54	7 (7) a family domestic violence court;
55	55	8 (7) (8) a veterans' court; or
56	56	9 (8) (9) any other court certified as a problem solving court by the
57	57	10 office of judicial administration under section 17 of this chapter.
58	58	11 SECTION 3. IC 33-23-16-13, AS AMENDED BY P.L.95-2013,
59	59	12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
60	60	13 JULY 1, 2024]: Sec. 13. An individual is eligible to participate in a
61	61	14 problem solving court program only if:
62	62	15 (1) the individual meets all of the eligibility criteria established by
63	63	16 the board under section 12 of this chapter;
64	64	17 (2) the judge of the problem solving court approves the admission
65	65	18 of the individual to the problem solving court program; and
66	66	19 (3) the individual is referred to the problem solving court as a
67	67	20 result of at least one (1) of the following:
68	68	21 (A) A condition of a pretrial diversion program authorized by
69	69	22 statute or authorized by the judge of the problem solving court
70	70	23 and the prosecuting attorney.
71	71	24 (B) The procedure described in section 14 of this chapter.
72	72	25 (C) The procedure described in section 15 of this chapter.
73	73	26 (D) A condition of probation.
74	74	27 (E) A condition of participation in a community corrections
75	75	28 program under IC 11-12-1.
76	76	29 (F) A condition of participation in a forensic diversion
77	77	30 program under IC 11-12-3.7.
78	78	31 (G) A condition of a community transition program under
79	79	32 IC 11-10-11.5.
80	80	33 (H) A condition of parole.
81	81	34 (I) An order in a dispositional decree under IC 31-34-20 to
82	82	35 participate in a family dependency drug court, a family
83	83	36 domestic violence court, or a mental health court if the
84	84	37 individual is a parent, guardian, or another household member
85	85	38 of a child adjudicated a child in need of services.
86	86	39 (J) A condition of an informal adjustment program under
87	87	40 IC 31-37-9.
88	88	41 (K) Involvement in:
89	89	42 (i) a child support proceeding;
90	90	2024 IN 1293—LS 6810/DI 151 3
91	91	1 (ii) a mental health commitment; or
92	92	2 (iii) a civil protection proceeding.
93	93	3 (L) A condition of an informal adjustment program under
94	94	4 IC 31-34-8.
95	95	5 (M) A condition of a misdemeanor sentence.
96	96	6 (N) A condition of a program authorized by the:
97	97	7 (i) judge of a problem solving court; and
98	98	8 (ii) department of correction or the county sheriff.
99	99	2024 IN 1293—LS 6810/DI 151