*HB1006.2*
February 13, 2025
HOUSE BILL No. 1006
_____
DIGEST OF HB 1006 (Updated February 12, 2025 7:49 am - DI 140)
Citations Affected: IC 5-2; IC 33-39; IC 33-40.
Synopsis: Prosecutors. Establishes the special prosecutor unit, the
prosecutor review board, and the public prosecution fund. Establishes
guidelines and standards for services under which counties may be
eligible for reimbursement for prosecution expenditures. Makes
conforming changes.
Effective: Upon passage; July 1, 2025.
Jeter, Steuerwald, Ireland,
McNamara
January 21, 2025, read first time and referred to Committee on Courts and Criminal Code.
February 6, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
February 13, 2025, reported — Do Pass.
HB 1006—LS 7592/DI 151 February 13, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1006
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-6-24, AS AMENDED BY THE TECHNICAL
2 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
4 Sec. 24. (a) As used in this section, "criminal code reform" refers to
5 statutory provisions relating to criminal law enacted by P.L.158-2013
6 and HEA 1006-2014.
7 (b) (a) The institute shall monitor and evaluate the status of
8 Indiana's criminal justice system as described in this section.
9 (c) (b) The institute shall annually gather data and analyze the status
10 of the criminal justice system in Indiana, including the impact of
11 current trends on:
12 (1) local units of government;
13 (2) the department of correction; and
14 (3) the office of judicial administration.
15 (d) (c) The institute shall prepare an annual report, in conjunction
16 with the justice reinvestment advisory council (established by
17 IC 33-38-9.5-2), containing the results of its analysis before January 1
HB 1006—LS 7592/DI 151 2
1 of each year. The report shall be provided to the governor, the chief
2 justice, and the legislative council. The report provided to the
3 legislative council must be in an electronic format under IC 5-14-6.
4 (e) (d) The report required under this section must:
5 (1) include an analysis of:
6 (A) county jail populations;
7 (B) community corrections agencies;
8 (C) probation departments;
9 (D) courts;
10 (E) recidivism rates;
11 (F) reentry court programs; and
12 (G) data relevant to the availability and effectiveness of mental
13 health and addiction programs for persons who are in the
14 criminal justice system;
15 (2) track the number of requests for sentence modification that are
16 set for hearing by the court, including the relief granted by the
17 court, if any;
18 (3) track, by age and offense, the number of juveniles under the
19 jurisdiction of an adult court due to:
20 (A) lack of jurisdiction under IC 31-30-1-4; or
21 (B) waiver of jurisdiction under IC 31-30-3-2 through
22 IC 31-30-3-6;
23 (4) track the number of juveniles under the jurisdiction of adult
24 court due to a juvenile court not having jurisdiction of the cases
25 in accordance with IC 31-30-1-4, by:
26 (A) age;
27 (B) sex;
28 (C) race;
29 (D) county of prosecution;
30 (E) offenses charged;
31 (F) convictions received; and
32 (G) sentences received; and
33 (5) track the number of waivers of juvenile court jurisdiction
34 granted under IC 31-30-3-2 through IC 31-30-3-6 by:
35 (A) age;
36 (B) sex;
37 (C) race;
38 (D) charges filed in juvenile court in which a waiver was
39 sought;
40 (E) charges filed in adult court following the waiver of
41 juvenile court jurisdiction;
42 (F) county of prosecution;
HB 1006—LS 7592/DI 151 3
1 (G) convictions received; and
2 (H) sentences received.
3 (f) (e) All local units of government and local elected officials,
4 including sheriffs, prosecuting attorneys, judges, and county fiscal
5 bodies, shall cooperate with the institute by providing data as requested
6 by the institute.
7 (g) (f) State agencies, including the department of correction, the
8 Indiana prosecuting attorneys council of Indiana, the Indiana public
9 defender council of Indiana, the office of judicial administration, and
10 the division of mental health and addiction, shall assist the institute by
11 providing requested data in a timely manner.
12 (h) (g) Based on their analysis, the institute and the justice
13 reinvestment advisory council shall include recommendations to
14 improve the criminal justice system in Indiana, with particular
15 emphasis being placed on recommendations that relate to sentencing
16 policies and reform.
17 (i) (h) The institute and the justice reinvestment advisory council
18 shall include research data relevant to their analysis and
19 recommendations in the report.
20 (j) (i) The institute shall:
21 (1) make the data collected under subsection (e)(4) (d)(4) and
22 (e)(5) (d)(5) available to the public in an annual report, by fiscal
23 year, due by October 30 of each year;
24 (2) post the annual report required by subdivision (1) on the
25 institute's website; and
26 (3) provide a copy of the annual report required by subdivision (1)
27 to the commission on improving the status of children in Indiana
28 established by IC 2-5-36-3.
29 SECTION 2. IC 33-39-7-8, AS AMENDED BY P.L.57-2014,
30 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 8. (a) As used in this chapter, "services" means
32 the sum of all periods in which a person is employed as:
33 (1) a prosecuting attorney or chief deputy prosecuting attorney;
34 (2) any other deputy prosecuting attorney who is:
35 (A) appointed under IC 33-39-6-2; and
36 (B) paid by the state from the state general fund; or
37 (3) the executive director, or the assistant executive director, or
38 staff attorneys of the prosecuting attorneys council of Indiana.
39 If an individual is elected or appointed to a position described in
40 subdivisions (1) through (3) and serves one (1) or more terms or part
41 of a term, then retires from office or otherwise separates from service,
42 but at a later period or periods is appointed or elected and serves in a
HB 1006—LS 7592/DI 151 4
1 position described in subdivisions (1) through (3), the individual shall
2 pay into the fund during all the periods that the individual serves in that
3 position, except as otherwise provided in this chapter, whether the
4 periods are connected or disconnected.
5 (b) A senior prosecuting attorney appointed under IC 33-39-10-1 is
6 not required to pay into the fund during any period of service as a
7 senior prosecuting attorney.
8 SECTION 3. IC 33-39-8-5, AS AMENDED BY P.L.55-2022,
9 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2025]: Sec. 5. The council shall do the following:
11 (1) Assist in the coordination of the duties of the prosecuting
12 attorneys of the state and their staffs.
13 (2) Prepare manuals of procedure.
14 (3) Give assistance in preparation of the trial briefs, forms, and
15 instructions.
16 (4) Conduct training for prosecuting attorneys and the staff of
17 prosecuting attorneys.
18 (5) Conduct research and studies that would be of interest and
19 value to all prosecuting attorneys and their staffs.
20 (6) Maintain liaison contact with study commissions and agencies
21 of all branches of local, state, and federal government that will be
22 of benefit to law enforcement and the fair administration of
23 justice in Indiana.
24 (7) Adopt guidelines for the expenditure of funds derived from a
25 deferral program or a pretrial diversion program.
26 (8) The council shall:
27 (A) compile forfeiture data received under IC 34-24-1-4.5; and
28 (B) annually submit a report to the legislative council
29 containing the compiled data.
30 (9) Adopt guidelines and standards for services under which
31 the counties will be eligible for reimbursement under
32 IC 33-39-11, including whether the county has a noncompliant
33 prosecuting attorney under IC 33-39-8.1.
34 The council shall submit the report to the legislative council before
35 July 15 of every year. The report must be in an electronic format under
36 IC 5-14-6. The council may adopt rules under IC 4-22-2 to implement
37 this subdivision.
38 SECTION 4. IC 33-39-8-8 IS ADDED TO THE INDIANA CODE
39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
40 1, 2025]: Sec. 8. (a) As used in this section, "unit" means the special
41 prosecutor unit established by subsection (b).
42 (b) The special prosecutor unit is established under the council
HB 1006—LS 7592/DI 151 5
1 to increase the number of qualified special prosecuting attorneys
2 available for appointment.
3 (c) The unit reports to the executive director of the council or
4 the executive director's designee.
5 (d) The unit consists of:
6 (1) a division chief;
7 (2) attorneys serving as special prosecuting attorneys under
8 IC 33-39-10; and
9 (3) support staff;
10 appointed by the executive director of the council.
11 (e) Individual members of the unit have the same immunity
12 relating to investigations and prosecutions as those carried out by
13 elected prosecutors and deputy prosecutors of any individual
14 judicial circuit.
15 (f) The salary of the division chief, attorneys, and support staff
16 shall be consistent with pay schedules approved by the executive
17 director of the council.
18 SECTION 5. IC 33-39-8-9 IS ADDED TO THE INDIANA CODE
19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20 1, 2025]: Sec. 9. (a) The special prosecutor unit fund is established.
21 The council shall administer the fund. Expenditures from the fund
22 may be made only in accordance with appropriations made by the
23 general assembly.
24 (b) The council may use money from the fund to provide:
25 (1) supplies;
26 (2) logistics;
27 (3) administration;
28 (4) personnel;
29 (5) training;
30 (6) technical assistance; and
31 (7) other reasonable support;
32 to establish and maintain the special prosecutor unit established by
33 section 8 of this chapter.
34 (c) The treasurer of state shall invest the money in the fund not
35 currently needed to meet the obligations of the fund in the same
36 manner as other public funds may be invested.
37 (d) The council may supplement the fund with money received
38 under IC 33-39-10-2(g), if:
39 (1) the council makes a claim with an appointing county under
40 IC 33-39-10-2(g) for a special prosecuting attorney's services;
41 and
42 (2) the claim is approved by the judge from the appointing
HB 1006—LS 7592/DI 151 6
1 judicial circuit.
2 (e) In matters in which the special prosecutor unit provides
3 assistance under this chapter, the council may make a claim for
4 expenses incurred with the county in which the matter is
5 prosecuted or the assistance is provided.
6 (f) Money in the fund at the end of each state fiscal year does not
7 revert to the state general fund.
8 SECTION 6. IC 33-39-8.1 IS ADDED TO THE INDIANA CODE
9 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2025]:
11 Chapter 8.1. Prosecutor Review Board
12 Sec. 1. As used in this chapter, "board" means the prosecutor
13 review board established by section 4 of this chapter.
14 Sec. 2. As used in this chapter, "categorically refuse to
15 prosecute" means a blanket refusal to prosecute a criminal law.
16 The term does not include the refusal to prosecute a criminal law
17 if:
18 (1) the prosecution would violate federal law or an order
19 issued by a state or federal court;
20 (2) the prosecution would violate the Rules of Professional
21 Conduct; or
22 (3) the decision not to prosecute the law is based on an
23 individual investigation of the facts and circumstances of the
24 case.
25 Sec. 3. As used in this chapter, "noncompliant prosecuting
26 attorney" means a prosecuting attorney who has engaged in a
27 pattern of conduct that reflects a refusal to prosecute a criminal
28 law enacted by the general assembly.
29 Sec. 4. The prosecutor review board is established.
30 Sec. 5. (a) The board consists of five (5) members. These five (5)
31 members must also be members of the board of directors of the
32 prosecuting attorneys council of Indiana who are appointed by the
33 board of directors of the prosecuting attorneys council of Indiana
34 to serve on the board. All members are appointed as voting
35 members.
36 (b) Not more than three (3) members may be from the same
37 political party.
38 (c) Each member's term is in accordance with the member's
39 term as a member of the board of directors of the prosecuting
40 attorneys council of Indiana.
41 (d) If a vacancy occurs, the board of directors of the prosecuting
42 attorneys council of Indiana shall appoint a member of the board
HB 1006—LS 7592/DI 151 7
1 of directors to fill the vacancy. An appointment to fill a vacancy
2 occurring before the expiration of a term is for the remainder of
3 the unexpired term.
4 Sec. 6. A member of the board is not entitled to reimbursement
5 from the state for traveling expenses or other expenses incurred in
6 connection with the member's duties, but may be entitled to
7 reimbursement from a county under IC 33-39-10-2.
8 Sec. 7. (a) Three (3) members of the board constitute a quorum.
9 (b) The affirmative vote of at least three (3) members of the
10 board is required for the board to take any official action.
11 (c) The board shall meet at the call of the chair of the board of
12 directors of the prosecuting attorneys council of Indiana.
13 (d) If any member of the board is the subject of an investigation
14 under section 8 of this chapter, the member shall recuse themself
15 from the investigation. If the chair of the board of directors of the
16 prosecuting attorneys council of Indiana is the subject of an
17 investigation under section 8 of this chapter, the board shall meet
18 at the call of the vice chair of the board of the prosecuting
19 attorneys council of Indiana.
20 Sec. 8. (a) Upon receipt of information that a prosecuting
21 attorney has made a public declaration to categorically refuse to
22 prosecute a criminal law enacted by the general assembly, the
23 board shall conduct an investigation limited to a prosecuting
24 attorney's pattern of conduct related to the categorical refusal to
25 prosecute a criminal law.
26 (b) Upon receipt of information that a prosecuting attorney has
27 engaged in a pattern of conduct that reflects a refusal to prosecute
28 a criminal law enacted by the general assembly, the board may
29 conduct an investigation to determine if the prosecuting attorney
30 is a noncompliant prosecutor.
31 (c) The board shall serve notice of the investigation on the
32 alleged noncompliant prosecuting attorney.
33 (d) The alleged noncompliant prosecuting attorney may respond
34 to the allegations not later than fifteen (15) days after receipt of the
35 notice described in subsection (b).
36 Sec. 9. (a) If the board determines that a prosecuting attorney
37 is a noncompliant prosecuting attorney, the board shall issue a
38 report to:
39 (1) the prosecuting attorneys council of Indiana; and
40 (2) the alleged noncompliant prosecuting attorney.
41 (b) Upon receipt of a report under subsection (a), the
42 prosecuting attorneys council of Indiana shall instruct the state
HB 1006—LS 7592/DI 151 8
1 comptroller to withhold funding from the county under
2 IC 33-39-11.
3 Sec. 10. Members of the board have the same investigative
4 powers and immunity as provided in the member's normal course
5 of business as an elected prosecutor. Each member is immune from
6 all civil liability for acts performed in the course of the member's
7 official duties relating to an investigation and report under this
8 chapter.
9 SECTION 7. IC 33-39-10-2, AS ADDED BY P.L.57-2014,
10 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 2. (a) A person may be appointed as a special
12 prosecutor:
13 (1) as provided under this section; or
14 (2) in accordance with IC 4-2-7-7.
15 (b) A circuit court or superior court judge:
16 (1) shall appoint a special prosecutor if:
17 (A) any person, other than a prosecuting attorney or the
18 prosecuting attorney's deputy, files a verified petition
19 requesting the appointment of a special prosecutor; and
20 (B) the prosecuting attorney agrees that a special prosecutor is
21 needed;
22 (2) may appoint a special prosecutor if:
23 (A) a person files a verified petition requesting the
24 appointment of a special prosecutor; and
25 (B) the court, after:
26 (i) notice is given to the prosecuting attorney; and
27 (ii) an evidentiary hearing is conducted at which the
28 prosecuting attorney is given an opportunity to be heard;
29 finds by clear and convincing evidence that the appointment
30 is necessary to avoid an actual conflict of interest or there is
31 probable cause to believe that the prosecuting attorney has
32 committed a crime;
33 (3) may appoint a special prosecutor if:
34 (A) the prosecuting attorney files a petition requesting the
35 court to appoint a special prosecutor; and
36 (B) the court finds that the appointment is necessary to avoid
37 the appearance of impropriety;
38 (4) may appoint a special prosecutor if:
39 (A) an elected public official who is a defendant in a criminal
40 proceeding files a verified petition requesting a special
41 prosecutor within ten (10) days after the date of the initial
42 hearing; and
HB 1006—LS 7592/DI 151 9
1 (B) the court finds that the appointment of a special prosecutor
2 is in the best interests of justice; and
3 (5) shall appoint a special prosecutor if:
4 (A) a previously appointed special prosecutor:
5 (i) files a motion to withdraw as special prosecutor; or
6 (ii) has become incapable of continuing to represent the
7 interests of the state; and
8 (B) the court finds that the facts that established the basis for
9 the initial appointment of a special prosecutor still exist.
10 The elected prosecuting attorney who serves in the jurisdiction of
11 the appointing court shall receive notice of all pleadings filed and
12 orders issued under this subdivision.
13 (c) A person appointed to serve as a special prosecutor:
14 (1) must consent to the appointment; and
15 (2) must be:
16 (A) the prosecuting attorney or a deputy prosecuting attorney
17 in a county other than the county judicial circuit other than
18 the judicial circuit in which the person is to serve as special
19 prosecutor; or
20 (B) an attorney employed by the prosecuting attorneys
21 council of Indiana special prosecutor unit; or
22 (B) (C) a senior prosecuting attorney as described in section
23 1 of this chapter. A senior prosecuting attorney may be
24 appointed to serve as a special prosecutor in a county judicial
25 circuit in which the senior prosecuting attorney previously
26 served if the court finds that the appointment would not create
27 the appearance of impropriety.
28 (d) A person appointed to serve as a special prosecutor in a county
29 judicial circuit has the same powers as the prosecuting attorney of the
30 county. judicial circuit. However, the appointing judge shall limit the
31 scope of the special prosecutor's duties to include only the investigation
32 or prosecution of a particular case or particular grand jury
33 investigation.
34 (e) Upon making an appointment under this section, the court shall
35 establish the length of the special prosecutor's term. At least one (1)
36 time every six (6) months throughout the appointed term, a special
37 prosecutor shall file a progress report with the appointing court. A
38 progress report:
39 (1) must inform the court of the:
40 (A) status of the investigation; and
41 (B) estimated time for completion of the special prosecutor's
42 duties; and
HB 1006—LS 7592/DI 151 10
1 (2) may not:
2 (A) include substantive facts or legal issues; or
3 (B) offer preliminary conclusions.
4 The court may extend the term of appointment upon the request of the
5 special prosecutor or terminate any appointment if the special
6 prosecutor has failed to file reports or a request for an extended term
7 under this subsection.
8 (f) If the target of an investigation by the special prosecutor is a
9 public servant (as defined in IC 35-31.5-2-261), the court shall order
10 the special prosecutor to file a report of the investigation with the court
11 at the conclusion of the investigation. A report filed under this
12 subsection is a public record under IC 5-14-3.
13 (g) If a special prosecutor is not regularly employed as a full-time
14 prosecuting attorney or full-time deputy prosecuting attorney, the
15 compensation for the special prosecutor's services:
16 (1) shall be paid, as incurred:
17 (A) to the special prosecutor; or
18 (B) for a special prosecutor employed by the prosecuting
19 attorneys council of Indiana special prosecutor unit;
20 following an application to the county auditor, from the
21 unappropriated funds of the appointing county; and
22 (2) may not exceed:
23 (A) an hourly rate based upon the regular salary of a full-time
24 prosecuting attorney of the appointing circuit;
25 (B) travel expenses and reasonable accommodation expenses
26 actually incurred; and
27 (C) other reasonable expenses actually incurred, including the
28 costs of investigation, trial and discovery preparation, and
29 other trial expenses.
30 The amount of compensation a special prosecutor receives for services
31 performed during a calendar day under subdivision (2)(A) may not
32 exceed the amount of compensation a full-time prosecuting attorney
33 would receive in salary for the calendar day.
34 (h) If the special prosecutor is regularly employed as a full-time
35 prosecuting attorney or deputy prosecuting attorney, the compensation
36 for the special prosecutor's services:
37 (1) shall be paid out of the appointing county's unappropriated
38 funds to the treasurer of the county in which the special
39 prosecutor regularly serves; and
40 (2) must include a per diem equal to the regular salary of a
41 full-time prosecuting attorney of the appointing circuit, travel
42 expenses, and reasonable accommodation expenses actually
HB 1006—LS 7592/DI 151 11
1 incurred.
2 SECTION 8. IC 33-39-11 IS ADDED TO THE INDIANA CODE
3 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]:
5 Chapter 11. Public Prosecution Fund
6 Sec. 1. As used in this chapter, "council" means the prosecuting
7 attorneys council of Indiana established by IC 33-39-8-2.
8 Sec. 2. The public prosecution fund is established to provide
9 county reimbursement of compensation paid to deputy prosecuting
10 attorneys and administrative expenses. The fund shall be
11 administered by the council.
12 Sec. 3. The fund consists of money appropriated to the fund by
13 the general assembly.
14 Sec. 4. The treasurer of state shall invest the money in the fund
15 not currently needed to meet the obligations of the fund in the same
16 manner as other public funds may be invested.
17 Sec. 5. Money in the fund at the end of a state fiscal year does
18 not revert to the state general fund.
19 Sec. 6. (a) A county auditor may submit on a quarterly basis a
20 certified request to the state comptroller for reimbursement from
21 the public prosecution fund for an amount equal to fifty percent
22 (50%) of the county's expenditures for salary paid to a deputy
23 prosecuting attorney, other than a chief deputy prosecuting
24 attorney or an elected prosecuting attorney, if the annual salary of
25 the deputy prosecuting attorney is equal to at least fifty-five
26 percent (55%) of the salary paid to the elected full-time
27 prosecuting attorney.
28 (b) A county auditor may submit on a quarterly basis a certified
29 request to the state comptroller for reimbursement from the public
30 prosecution fund for the county's expenditures for fringe benefits
31 provided to a deputy prosecuting attorney, other than a chief
32 deputy prosecuting attorney or an elected prosecuting attorney, if
33 the annual salary of the deputy prosecuting attorney is equal to at
34 least fifty-five percent (55%) of the salary paid to the elected
35 full-time prosecuting attorney. However, a request for
36 reimbursement for fringe benefits under this subsection may not
37 exceed fifteen thousand one hundred forty dollars ($15,140).
38 Sec. 7. (a) Except as provided in subsection (b), upon receiving
39 certification from a county auditor, the state comptroller shall
40 issue a warrant to the treasurer of state for disbursement to the
41 county of the amount certified.
42 (b) If the state comptroller has received instruction from the
HB 1006—LS 7592/DI 151 12
1 council under IC 33-39-8.1-9 to withhold payment from the county
2 because the prosecuting attorney is a noncompliant prosecuting
3 attorney, the state comptroller shall not issue a warrant under
4 subsection (a).
5 SECTION 9. IC 33-40-5-2, AS AMENDED BY P.L.111-2024,
6 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 2. (a) The Indiana commission on court appointed
8 attorneys is established.
9 (b) The commission is composed of the following eleven (11)
10 members, none of whom may be a law enforcement officer, or a
11 judicial officer (including a senior judge), a court employee, a city,
12 town, or county attorney, an attorney who provides representation
13 to indigent persons, or a full-time employee of an executive,
14 legislative, or judicial state agency:
15 (1) Three (3) members appointed by the governor, with not more
16 than two (2) of these individuals belonging to the same political
17 party.
18 (2) Three (3) members appointed by the chief justice of the
19 supreme court, with not more than two (2) of these individuals
20 belonging to the same political party.
21 (3) One (1) member appointed by the board of trustees of the
22 Indiana criminal justice institute, who is an attorney admitted to
23 practice law in Indiana.
24 (4) Two (2) members of the house of representatives to be
25 appointed by the speaker of the house of representatives. The
26 members appointed under this subdivision may not be from the
27 same political party.
28 (5) Two (2) members of the senate, to be appointed by the
29 president pro tempore of the senate. The members appointed
30 under this subdivision may not be from the same political party.
31 SECTION 10. IC 33-40-5-3.5, AS ADDED BY P.L.42-2024,
32 SECTION 156, IS AMENDED TO READ AS FOLLOWS
33 [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) A legislative member
34 of the commission serves a two (2) year term that expires June 30 of an
35 odd-numbered year.
36 (b) A member of the commission appointed under section 2(b)(1)
37 through 2(b)(3) of this chapter serves a four (4) year an initial term
38 that expires June 30, 2025, 2027, and a four (4) year term that
39 expires each fourth year thereafter.
40 (c) A member of the commission appointed under section 2(b)(2)
41 of this chapter serves an initial term that expires June 30, 2029,
42 and a four (4) year term that expires each fourth year thereafter.
HB 1006—LS 7592/DI 151 13
1 (d) A member of the commission appointed under section
2 2(b)(3) of this chapter serves an initial term that expires June 30,
3 2025, and a four (4) year term that expires each fourth year
4 thereafter.
5 (c) (e) A member of the commission serves at the pleasure of the
6 appointing authority and may be reappointed to successive terms.
7 SECTION 11. IC 33-40-6-4, AS AMENDED BY P.L.111-2024,
8 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 4 (a) For purposes of this section, the term
10 "county auditor" includes a person who:
11 (1) is the auditor of a county that is a member of a multicounty
12 public defender's office; and
13 (2) is responsible for the receipt, disbursement, and accounting of
14 all monies distributed to the multicounty public defender's office.
15 (b) A county auditor may submit on a quarterly basis a certified
16 request to the Indiana commission on court appointed attorneys for
17 reimbursement from the public defense fund for an amount equal to
18 fifty percent (50%) of the county's expenditures for indigent defense
19 services provided to a defendant against whom the death sentence is
20 sought under IC 35-50-2-9.
21 (c) Except as provided in subsection (d), a county auditor may
22 submit on a quarterly basis a certified request to the Indiana
23 commission on court appointed attorneys for reimbursement from the
24 public defense fund for an amount equal to forty percent (40%) fifty
25 percent (50%) of the county's or multicounty public defender's office's
26 expenditures for indigent defense services provided in all noncapital
27 cases except misdemeanors.
28 (d) This subsection applies to a county that is one (1) of up to twelve
29 (12) counties that shall be selected by the Indiana commission on court
30 appointed attorneys based on population and geographic diversity. A
31 county auditor may submit on a quarterly basis a certified request to the
32 Indiana commission on court appointed attorneys for reimbursement
33 from the public defense fund for an amount that is up to forty percent
34 (40%) fifty percent (50%) of the county's or multicounty public
35 defender's office's expenditures for indigent defense services provided
36 in misdemeanor cases. This subsection expires June 30, 2029.
37 (e) The Indiana commission on court appointed attorneys may
38 substitute a county described in subsection (d) with a county with
39 similar population and geographic characteristics if the county
40 described in subsection (d) declines to participate in the misdemeanor
41 reimbursement. If a county is substituted under this subsection, the
42 Indiana commission on court appointed attorneys shall publish on its
HB 1006—LS 7592/DI 151 14
1 website the replacement county.
2 (f) A request under this section from a county described in
3 IC 33-40-7-1(5) may be limited to expenditures for indigent defense
4 services provided by a particular division of a court.
5 (g) A county auditor shall submit quarterly to the Indiana
6 commission on court appointed attorneys information to be included in
7 the report under IC 33-40-5-4(a)(5) regarding reimbursements
8 requested and received from the public defense fund for the county's
9 expenditures for indigent defense services provided under subsections
10 (b), (c), and (d).
11 SECTION 12. An emergency is declared for this act.
HB 1006—LS 7592/DI 151 15
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred House Bill 1006, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, delete lines 1 through 17.
Delete pages 2 through 3.
Page 4, delete lines 1 through 31.
Page 6, line 14, reset in roman "public".
Page 6, line 15, reset in roman "defender".
Page 6, line 15, delete "council, Indiana commission on court
appointed attorneys," and insert "council of Indiana,".
Page 6, delete lines 36 through 42.
Delete pages 7 through 12.
Page 13, delete lines 1 through 30.
Page 14, delete lines 32 through 39, begin a new line block indented
and insert:
"(9) Adopt guidelines and standards for services under which
the counties will be eligible for reimbursement under
IC 33-39-11, including whether the county has a noncompliant
prosecuting attorney under IC 33-39-8.1.".
Page 16, delete lines 8 through 16, begin a new paragraph and
insert:
"(e) In matters in which the special prosecutor unit provides
assistance under this chapter, the council may make a claim for
expenses incurred with the county in which the matter is
prosecuted or the assistance is provided.".
Page 16, delete lines 36 through 41, begin a new paragraph and
insert:
"Sec. 3. As used in this chapter, "noncompliant prosecuting
attorney" means a prosecuting attorney who has engaged in a
pattern of conduct that reflects a refusal to prosecute a criminal
law enacted by the general assembly.".
Page 16, line 42, delete "established as a" and insert "established.".
Page 17, delete line 1.
Page 17, delete lines 34 through 37, begin a new paragraph and
insert:
"Sec. 8. (a) Upon receipt of information that a prosecuting
attorney has made a public declaration to categorically refuse to
prosecute a criminal law enacted by the general assembly, the
board shall conduct an investigation limited to a prosecuting
HB 1006—LS 7592/DI 151 16
attorney's pattern of conduct related to the categorical refusal to
prosecute a criminal law.
(b) Upon receipt of information that a prosecuting attorney has
engaged in a pattern of conduct that reflects a refusal to prosecute
a criminal law enacted by the general assembly, the board may
conduct an investigation to determine if the prosecuting attorney
is a noncompliant prosecutor.".
Page 17, line 38, delete "(b)" and insert "(c)".
Page 17, line 40, delete "(c)" and insert "(d)".
Page 18, line 7, after "shall" insert "instruct the state comptroller
to".
Page 18, line 7, after "funding" insert "from the county".
Page 21, delete lines 8 through 42, begin a new paragraph and
insert:
"SECTION 18. IC 33-39-11 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 11. Public Prosecution Fund
Sec. 1. As used in this chapter, "council" means the prosecuting
attorneys council of Indiana established by IC 33-39-8-2.
Sec. 2. The public prosecution fund is established to provide
county reimbursement of compensation paid to deputy prosecuting
attorneys and administrative expenses. The fund shall be
administered by the council.
Sec. 3. The fund consists of money appropriated to the fund by
the general assembly.
Sec. 4. The treasurer of state shall invest the money in the fund
not currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
Sec. 5. Money in the fund at the end of a state fiscal year does
not revert to the state general fund.
Sec. 6. (a) A county auditor may submit on a quarterly basis a
certified request to the state comptroller for reimbursement from
the public prosecution fund for an amount equal to fifty percent
(50%) of the county's expenditures for salary paid to a deputy
prosecuting attorney, other than a chief deputy prosecuting
attorney or an elected prosecuting attorney, if the annual salary of
the deputy prosecuting attorney is equal to at least fifty-five
percent (55%) of the salary paid to the elected full-time
prosecuting attorney.
(b) A county auditor may submit on a quarterly basis a certified
request to the state comptroller for reimbursement from the public
HB 1006—LS 7592/DI 151 17
prosecution fund for the county's expenditures for fringe benefits
provided to a deputy prosecuting attorney, other than a chief
deputy prosecuting attorney or an elected prosecuting attorney, if
the annual salary of the deputy prosecuting attorney is equal to at
least fifty-five percent (55%) of the salary paid to the elected
full-time prosecuting attorney. However, a request for
reimbursement for fringe benefits under this subsection may not
exceed fifteen thousand one hundred forty dollars ($15,140).
Sec. 7. (a) Except as provided in subsection (b), upon receiving
certification from a county auditor, the state comptroller shall
issue a warrant to the treasurer of state for disbursement to the
county of the amount certified.
(b) If the state comptroller has received instruction from the
council under IC 33-39-8.1-9 to withhold payment from the county
because the prosecuting attorney is a noncompliant prosecuting
attorney, the state comptroller shall not issue a warrant under
subsection (a).
SECTION 19. IC 33-40-5-2, AS AMENDED BY P.L.111-2024,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) The Indiana commission on court appointed
attorneys is established.
(b) The commission is composed of the following eleven (11)
members, none of whom may be a law enforcement officer, or a
judicial officer (including a senior judge), a court employee, a city,
town, or county attorney, an attorney who provides representation
to indigent persons, or a full-time employee of an executive,
legislative, or judicial state agency:
(1) Three (3) members appointed by the governor, with not more
than two (2) of these individuals belonging to the same political
party.
(2) Three (3) members appointed by the chief justice of the
supreme court, with not more than two (2) of these individuals
belonging to the same political party.
(3) One (1) member appointed by the board of trustees of the
Indiana criminal justice institute, who is an attorney admitted to
practice law in Indiana.
(4) Two (2) members of the house of representatives to be
appointed by the speaker of the house of representatives. The
members appointed under this subdivision may not be from the
same political party.
(5) Two (2) members of the senate, to be appointed by the
president pro tempore of the senate. The members appointed
HB 1006—LS 7592/DI 151 18
under this subdivision may not be from the same political party.
SECTION 20. IC 33-40-5-3.5, AS ADDED BY P.L.42-2024,
SECTION 156, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) A legislative member
of the commission serves a two (2) year term that expires June 30 of an
odd-numbered year.
(b) A member of the commission appointed under section 2(b)(1)
through 2(b)(3) of this chapter serves a four (4) year an initial term
that expires June 30, 2025, 2027, and a four (4) year term that
expires each fourth year thereafter.
(c) A member of the commission appointed under section 2(b)(2)
of this chapter serves an initial term that expires June 30, 2029,
and a four (4) year term that expires each fourth year thereafter.
(d) A member of the commission appointed under section
2(b)(3) of this chapter serves an initial term that expires June 30,
2025, and a four (4) year term that expires each fourth year
thereafter.
(c) (e) A member of the commission serves at the pleasure of the
appointing authority and may be reappointed to successive terms.".
Delete pages 22 through 23.
Page 24, delete lines 1 through 12.
Page 25, delete lines 17 through 36, begin a new paragraph and
insert:
"SECTION 24. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1006 as introduced.)
MCNAMARA
Committee Vote: yeas 10, nays 3.
HB 1006—LS 7592/DI 151 19
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred House Bill 1006, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill do pass.
(Reference is to HB 1006 as printed February 6, 2025.)
THOMPSON
Committee Vote: Yeas 13, Nays 6
HB 1006—LS 7592/DI 151