Indiana 2024 Regular Session

Indiana Senate Bill SB0130 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. 130
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-26-5.
7	7	Synopsis: Deadline to grant or deny an order for protection. Requires
8	8	a court to issue an ex parte order either granting or denying an order for
9	9	protection not later than one day after a petition for an order for
10	10	protection is filed. Requires a court to consider certain factors when
11	11	issuing an order to grant or deny an ex parte order for protection.
12	12	Makes conforming changes and a technical correction.
13	13	Effective: July 1, 2024.
14	14	Becker
15	15	January 8, 2024, read first time and referred to Committee on Judiciary.
16	16	2024 IN 130—LS 6429/DI 149 Introduced
17	17	Second Regular Session of the 123rd General Assembly (2024)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2023 Regular Session of the General Assembly.
27	27	SENATE BILL No. 130
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning civil
29	29	procedure.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 34-26-5-6, AS AMENDED BY P.L.159-2022,
32	32	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33	33	3 JULY 1, 2024]: Sec. 6. The following rules apply to an order for
34	34	4 protection issued under this chapter:
35	35	5 (1) An order for protection is in addition to, and not instead of,
36	36	6 another available civil or criminal proceeding.
37	37	7 (2) A petitioner is not barred from seeking an order because of
38	38	8 another pending proceeding.
39	39	9 (3) A court may not delay granting relief because of the existence
40	40	10 of a pending action between the petitioner and respondent.
41	41	11 (4) If a person who petitions for an ex parte order for protection
42	42	12 also has a pending case involving:
43	43	13 (A) the respondent; or
44	44	14 (B) a child of the petitioner and respondent;
45	45	15 the court that has been petitioned for relief shall immediately
46	46	16 consider the ex parte petition and then transfer that matter to the
47	47	17 court in which the other case is pending.
48	48	2024 IN 130—LS 6429/DI 149 2
49	49	1 (5) If a person files a petition for an order of protection requesting
50	50	2 relief that:
51	51	3 (A) does not require a hearing under sections 9(c) 9(d) and
52	52	4 10(a) through 10(b) of this chapter; and
53	53	5 (B) requires a hearing under sections 9(d) 9(e) and 10(c) of
54	54	6 this chapter;
55	55	7 the court may issue an ex parte order for protection providing
56	56	8 relief under clause (A) at any time before the required hearing
57	57	9 under clause (B). in accordance with section 9(b) of this
58	58	10 chapter.
59	59	11 SECTION 2. IC 34-26-5-9, AS AMENDED BY THE TECHNICAL
60	60	12 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
61	61	13 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
62	62	14 Sec. 9. (a) If it appears from a petition for an order for protection or
63	63	15 from a petition to modify an order for protection that domestic or
64	64	16 family violence has occurred or that a modification of an order for
65	65	17 protection is required, a court may:
66	66	18 (1) without notice or hearing, immediately issue an order for
67	67	19 protection ex parte or modify an order for protection ex parte; or
68	68	20 (2) upon notice and after a hearing, whether or not a respondent
69	69	21 appears, issue or modify an order for protection.
70	70	22 (b) This subsection applies to a petition for an order for
71	71	23 protection described in subsection (a)(1). A court must issue an
72	72	24 order granting or denying a petition to which this subsection
73	73	25 applies not later than one (1) day after the petition is filed. In
74	74	26 determining whether to grant or deny a petition, the court shall
75	75	27 consider:
76	76	28 (1) the seriousness of the allegations contained in the petition,
77	77	29 including safety concerns for the petitioner;
78	78	30 (2) any history of violence or harassment between the
79	79	31 petitioner and the respondent; and
80	80	32 (3) any other relevant factors.
81	81	33 (b) (c) If it appears from the sole basis of a petition for an order for
82	82	34 protection or from of a petition to modify an order for protection is that
83	83	35 harassment has occurred, a court:
84	84	36 (1) may not, without notice and a hearing, issue an order for
85	85	37 protection ex parte or modify an order for protection ex parte; but
86	86	38 (2) may, upon notice and after a hearing, whether or not a
87	87	39 respondent appears, issue or modify an order for protection.
88	88	40 A court must hold a hearing under this subsection not later than thirty
89	89	41 (30) days after the petition for an order for protection or the petition to
90	90	42 modify an order for protection is filed.
91	91	2024 IN 130—LS 6429/DI 149 3
92	92	1 (c) (d) A court may grant the following relief without notice and
93	93	2 hearing in an ex parte order for protection or in an ex parte order for
94	94	3 protection modification under subsection (a):
95	95	4 (1) Enjoin a respondent from threatening to commit or
96	96	5 committing acts of domestic or family violence against a
97	97	6 petitioner and each designated family or household member.
98	98	7 (2) Prohibit a respondent from harassing, annoying, telephoning,
99	99	8 contacting, or directly or indirectly communicating with a
100	100	9 petitioner.
101	101	10 (3) Prohibit a respondent from using a tracking device (as defined
102	102	11 by IC 35-31.5-2-337.5) IC 35-31.5-2-337.6) to determine the
103	103	12 location of:
104	104	13 (A) the petitioner or property owned or used by the petitioner;
105	105	14 and
106	106	15 (B) any other family or household member or property owned
107	107	16 or used by the family or household member.
108	108	17 (4) Remove and exclude a respondent from the residence of a
109	109	18 petitioner, regardless of ownership of the residence.
110	110	19 (5) Order a respondent to stay away from the residence, school, or
111	111	20 place of employment of a petitioner or a specified place
112	112	21 frequented by a petitioner and each designated family or
113	113	22 household member.
114	114	23 (6) Order that a petitioner has the exclusive possession, care,
115	115	24 custody, or control of any animal owned, possessed, kept, or cared
116	116	25 for by the petitioner, respondent, minor child of either the
117	117	26 petitioner or respondent, or any other family or household
118	118	27 member.
119	119	28 (7) Prohibit a respondent from removing, transferring, injuring,
120	120	29 concealing, harming, attacking, mistreating, threatening to harm,
121	121	30 or otherwise disposing of an animal described in subdivision (6).
122	122	31 (8) Order possession and use of the residence, an automobile, and
123	123	32 other essential personal effects, regardless of the ownership of the
124	124	33 residence, automobile, and essential personal effects. If
125	125	34 possession is ordered under this subdivision or subdivision (6),
126	126	35 the court may direct a law enforcement officer to accompany a
127	127	36 petitioner to the residence of the parties to:
128	128	37 (A) ensure that a petitioner is safely restored to possession of
129	129	38 the residence, automobile, animal, and other essential personal
130	130	39 effects; or
131	131	40 (B) supervise a petitioner's or respondent's removal of personal
132	132	41 belongings and animal.
133	133	42 (9) Order other relief necessary to provide for the safety and
134	134	2024 IN 130—LS 6429/DI 149 4
135	135	1 welfare of a petitioner and each designated family or household
136	136	2 member.
137	137	3 (d) (e) A court may grant the following relief after notice and a
138	138	4 hearing, whether or not a respondent appears, in an order for protection
139	139	5 or in a modification of an order for protection:
140	140	6 (1) Grant the relief under subsection (c). (d).
141	141	7 (2) Specify arrangements for parenting time of a minor child by
142	142	8 a respondent and:
143	143	9 (A) require supervision by a third party; or
144	144	10 (B) deny parenting time;
145	145	11 if necessary to protect the safety of a petitioner or child.
146	146	12 (3) Order a respondent to:
147	147	13 (A) pay attorney's fees;
148	148	14 (B) pay rent or make payment on a mortgage on a petitioner's
149	149	15 residence;
150	150	16 (C) if the respondent is found to have a duty of support, pay
151	151	17 for the support of a petitioner and each minor child;
152	152	18 (D) reimburse a petitioner or other person for expenses related
153	153	19 to the domestic or family violence or harassment, including:
154	154	20 (i) medical expenses;
155	155	21 (ii) counseling;
156	156	22 (iii) shelter; and
157	157	23 (iv) repair or replacement of damaged property;
158	158	24 (E) pay the costs and expenses incurred in connection with the
159	159	25 use of a GPS tracking device under subsection (k); (l); or
160	160	26 (F) pay the costs and fees incurred by a petitioner in bringing
161	161	27 the action.
162	162	28 (4) Prohibit a respondent from using or possessing a firearm,
163	163	29 ammunition, or a deadly weapon specified by the court, and direct
164	164	30 the respondent to surrender to a specified law enforcement agency
165	165	31 the firearm, ammunition, or deadly weapon for the duration of the
166	166	32 order for protection unless another date is ordered by the court.
167	167	33 (5) Permit the respondent and petitioner to occupy the same
168	168	34 location for any purpose that the court determines is legitimate or
169	169	35 necessary. The court may impose terms and conditions upon a
170	170	36 respondent when granting permission under this subdivision.
171	171	37 An order issued under subdivision (4) does not apply to a person who
172	172	38 is exempt under 18 U.S.C. 925.
173	173	39 (e) (f) The court shall:
174	174	40 (1) cause the order for protection to be delivered to the county
175	175	41 sheriff for service;
176	176	42 (2) make reasonable efforts to ensure that the order for protection
177	177	2024 IN 130—LS 6429/DI 149 5
178	178	1 is understood by a petitioner and a respondent if present;
179	179	2 (3) electronically notify each law enforcement agency:
180	180	3 (A) required to receive notification under IC 5-2-9-6; or
181	181	4 (B) designated by the petitioner;
182	182	5 (4) transmit a copy of the order to the clerk for processing under
183	183	6 IC 5-2-9;
184	184	7 (5) indicate in the order if the order and the parties meet the
185	185	8 criteria under 18 U.S.C. 922(g)(8); and
186	186	9 (6) require the clerk of court to enter or provide a copy of the
187	187	10 order to the Indiana protective order registry established by
188	188	11 IC 5-2-9-5.5.
189	189	12 (f) (g) Except as provided in subsection (g), (h), an order for
190	190	13 protection issued ex parte or upon notice and a hearing, or a
191	191	14 modification of an order for protection issued ex parte or upon notice
192	192	15 and a hearing, is effective for two (2) years after the date of issuance
193	193	16 unless another date is ordered by the court. The sheriff of each county
194	194	17 shall provide expedited service for an order for protection.
195	195	18 (g) (h) This subsection applies to an order for protection issued ex
196	196	19 parte or upon notice and a hearing, or to a modification of an order for
197	197	20 protection issued ex parte or upon notice and a hearing, if:
198	198	21 (1) the respondent named in the order is a sex or violent offender
199	199	22 (as defined in IC 11-8-8-5) and is required to register as a lifetime
200	200	23 sex or violent offender under IC 11-8-8-19; and
201	201	24 (2) the petitioner was the victim of the crime that resulted in the
202	202	25 requirement that the respondent register as a lifetime sex or
203	203	26 violent offender under IC 11-8-8-19.
204	204	27 An order for protection to which this subsection applies is effective
205	205	28 indefinitely after the date of issuance unless another date is ordered by
206	206	29 the court. The sheriff of each county shall provide expedited service for
207	207	30 an order for protection.
208	208	31 (h) (i) A finding that domestic or family violence or harassment has
209	209	32 occurred sufficient to justify the issuance of an order under this section
210	210	33 means that a respondent represents a credible threat to the safety of a
211	211	34 petitioner or a member of a petitioner's household. Upon a showing of
212	212	35 domestic or family violence or harassment by a preponderance of the
213	213	36 evidence, the court shall grant relief necessary to bring about a
214	214	37 cessation of the violence or the threat of violence. The relief may
215	215	38 include an order directing a respondent to surrender to a law
216	216	39 enforcement officer or agency all firearms, ammunition, and deadly
217	217	40 weapons:
218	218	41 (1) in the control, ownership, or possession of a respondent; or
219	219	42 (2) in the control or possession of another person on behalf of a
220	220	2024 IN 130—LS 6429/DI 149 6
221	221	1 respondent;
222	222	2 for the duration of the order for protection unless another date is
223	223	3 ordered by the court.
224	224	4 (i) (j) An order for custody, parenting time, or possession or control
225	225	5 of property issued under this chapter is superseded by an order issued
226	226	6 from a court exercising dissolution, legal separation, paternity, or
227	227	7 guardianship jurisdiction over the parties.
228	228	8 (j) (k) The fact that an order for protection is issued under this
229	229	9 chapter does not raise an inference or presumption in a subsequent case
230	230	10 or hearings between the parties.
231	231	11 (k) (l) Upon a finding of a violation of an order for protection, the
232	232	12 court may:
233	233	13 (1) require a respondent to wear a GPS tracking device; and
234	234	14 (2) prohibit the respondent from approaching or entering certain
235	235	15 locations where the petitioner may be found.
236	236	16 If the court requires a respondent to wear a GPS tracking device under
237	237	17 subdivision (1), the court shall, if available, require the respondent to
238	238	18 wear a GPS tracking device with victim notification capabilities.
239	239	19 (l) (m) The court may permit a victim, a petitioner, another person,
240	240	20 an organization, or an agency to pay the costs and expenses incurred in
241	241	21 connection with the use of a GPS tracking device under subsection (k).
242	242	22 (l).
243	243	23 SECTION 3. IC 34-26-5-10, AS AMENDED BY P.L.172-2023,
244	244	24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
245	245	25 JULY 1, 2024]: Sec. 10. (a) If a court issues:
246	246	26 (1) an order for protection ex parte effective for a period
247	247	27 described under section 9(f) 9(g) of this chapter; or
248	248	28 (2) a modification of an order for protection ex parte effective for
249	249	29 a period described under section 9(f) 9(g) of this chapter;
250	250	30 and provides relief under section 9(c) 9(d) of this chapter, upon a
251	251	31 request by either party at any time after service of the order or
252	252	32 modification, the court shall set a date for a hearing on the petition.
253	253	33 Except as provided in subsection (c), the hearing must be held not more
254	254	34 than thirty (30) days after the request for a hearing is filed unless
255	255	35 continued by the court for good cause shown. The court shall notify
256	256	36 both parties by first class mail of the date and time of the hearing. A
257	257	37 party may only request one (1) hearing on a petition under this
258	258	38 subsection.
259	259	39 (b) If a court issues:
260	260	40 (1) an order for protection ex parte effective for a period
261	261	41 described under section 9(g) 9(h) of this chapter; or
262	262	42 (2) a modification of an order for protection ex parte effective for
263	263	2024 IN 130—LS 6429/DI 149 7
264	264	1 a period described under section 9(g) 9(h) of this chapter;
265	265	2 and provides relief under section 9(c) 9(d) of this chapter, upon a
266	266	3 request by either party not more than thirty (30) days after service of
267	267	4 the order or modification, the court shall set a date for a hearing on the
268	268	5 petition. Except as provided in subsection (c), the hearing must be held
269	269	6 not more than thirty (30) days after the request for a hearing is filed
270	270	7 unless continued by the court for good cause shown. The court shall
271	271	8 notify both parties by first class mail of the date and time of the
272	272	9 hearing. A party may only request one (1) hearing on a petition under
273	273	10 this subsection.
274	274	11 (c) A court shall set a date for a hearing on the petition not more
275	275	12 than thirty (30) days after the filing of the petition if a court issues an
276	276	13 order for protection ex parte or a modification of an order of protection
277	277	14 ex parte and:
278	278	15 (1) a petitioner requests or the court provides relief under section
279	279	16 9(c)(4), 9(d)(4), 9(c)(6), 9(d)(6), 9(c)(7), 9(d)(7), 9(c)(8), 9(d)(8),
280	280	17 or 9(c)(9) 9(d)(9) of this chapter; or
281	281	18 (2) a petitioner requests relief under section 9(d)(2), 9(e)(2),
282	282	19 9(d)(3), 9(e)(3), or 9(d)(4) 9(e)(4) of this chapter.
283	283	20 The hearing must be given precedence over all matters pending in the
284	284	21 court except older matters of the same character.
285	285	22 (d) In a hearing under this section:
286	286	23 (1) relief under section 9 of this chapter is available; and
287	287	24 (2) if a respondent seeks relief concerning an issue not raised by
288	288	25 a petitioner, the court may continue the hearing at the petitioner's
289	289	26 request.
290	290	2024 IN 130—LS 6429/DI 149