LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6429 NOTE PREPARED: Dec 13, 2023 BILL NUMBER: SB 130 BILL AMENDED: SUBJECT: Deadline to Grant or Deny an Order for Protection. FIRST AUTHOR: Sen. Becker BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED: GENERAL IMPACT: Local DEDICATED FEDERAL Summary of Legislation: This bill requires a court to issue an ex parte order either granting or denying an order for protection not later than one day after a petition for an order for protection is filed. It requires a court to consider certain factors when issuing an order to grant or deny an ex parte order for protection. It also makes conforming changes and a technical correction. Effective Date: July 1, 2024. Explanation of State Expenditures: Explanation of State Revenues: Explanation of Local Expenditures: The bill’s requirements represent a potential workload increase, but are within the courts routine administrative functions and should be able to be implemented with no additional appropriations, assuming near customary agency staffing and resource levels. Some courts may have to reallocate resources to prioritize ex parte protection order petitions. Additional Information - The following situations do not require the court to conduct a hearing unless requested by the respondent: • Prohibiting the respondent from committing, or threatening to commit, acts of domestic or family violence, stalking, or sex offenses against the petitioner or the petitioner’s family or household; • Prohibiting the respondent from harassing, annoying, telephoning, contacting, or directly or indirectly communicating with the petitioners; SB 130 1 • Ordering the respondent to stay away from the petitioner’s residence, school, place of work, or other places; and • Ordering the respondent to stay away from the places where the petitioner’s family or household members regularly go. There are also certain situations where the court may issue a protection order immediately. However, a hearing is required to be held within 30 days. The turnaround time for issuing an ex parte protection order is unknown, and will vary by locality and court caseloads. Explanation of Local Revenues: State Agencies Affected: Local Agencies Affected: Trial courts, city and town courts. Information Sources: Indiana Supreme Court, Office of Court Services, Protection Orders Deskbook Forms, https://www.in.gov/courts/iocs/publications/po-forms/. Fiscal Analyst: Corrin Harvey, 317-234-9438. SB 130 2