*EH1006.1*
March 28, 2025
ENGROSSED
HOUSE BILL No. 1006
_____
DIGEST OF HB 1006 (Updated March 25, 2025 1:09 pm - DI 106)
Citations Affected: IC 5-2; IC 33-39; IC 33-40; IC 34-30.
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. Requires that
two members appointed to the Indiana commission on court appointed
be trial court judges from counties receiving reimbursement of
expenditures for noncapital cases. Makes conforming changes.
Effective: Upon passage; July 1, 2025.
Jeter, Steuerwald, Ireland,
McNamara
(SENATE SPONSORS — FREEMA N, CARRASCO)
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.
February 17, 2025, read second time, ordered engrossed.
February 18, 2025, engrossed.
February 19, 2025, read third time, passed. Yeas 72, nays 24.
SENATE ACTION
March 3, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
March 27, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
EH 1006—LS 7592/DI 151 March 28, 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.
ENGROSSED
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
EH 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;
EH 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
EH 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 and standards for services under which
25 the counties will be eligible for reimbursement under
26 IC 33-39-11, including whether the county has a noncompliant
27 prosecuting attorney under IC 33-39-8.1.
28 (7) (8) Adopt guidelines for the expenditure of funds derived from
29 a deferral program or a pretrial diversion program.
30 (8) (9) The council shall:
31 (A) compile forfeiture data received under IC 34-24-1-4.5; and
32 (B) annually submit a report to the legislative council
33 containing the compiled data.
34 The council shall submit the report to the legislative council
35 before July 15 of every year. The report must be in an electronic
36 format under IC 5-14-6. The council may adopt rules under
37 IC 4-22-2 to implement 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
EH 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
EH 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 of directors of the prosecuting attorneys
31 council of Indiana shall appoint five (5) members to the board.
32 These five (5) members must also be members of the board of
33 directors of the prosecuting attorneys council of Indiana. All
34 members are appointed as voting members.
35 (b) Not more than four (4) members may be from the same
36 political party.
37 (c) Each member serves a four (4) year term. A member may be
38 reappointed to additional terms.
39 (d) If a vacancy occurs, the board of directors of the prosecuting
40 attorneys council of Indiana shall appoint a member of the board
41 of directors to fill the vacancy. An appointment to fill a vacancy
42 occurring before the expiration of a term is for the remainder of
EH 1006—LS 7592/DI 151 7
1 the unexpired term.
2 Sec. 6. A member of the board is not entitled to reimbursement
3 from the state for traveling expenses or other expenses incurred in
4 connection with the member's duties.
5 Sec. 7. (a) Three (3) members of the board constitute a quorum.
6 (b) The affirmative vote of at least three (3) members of the
7 board is required for the board to take any official action.
8 (c) The board shall meet at the call of the chair of the board of
9 directors of the prosecuting attorneys council of Indiana.
10 (d) If any member of the board is the subject of an investigation
11 under section 8 of this chapter, the member shall recuse himself or
12 herself from the investigation. If the chair of the board of directors
13 of the prosecuting attorneys council of Indiana is the subject of an
14 investigation under section 8 of this chapter, the board shall meet
15 at the call of the vice chair of the board of the prosecuting
16 attorneys council of Indiana.
17 Sec. 8. (a) Upon receipt of information that a prosecuting
18 attorney has made a public declaration to categorically refuse to
19 prosecute a criminal law enacted by the general assembly, the
20 board shall conduct an investigation limited to a prosecuting
21 attorney's pattern of conduct related to the categorical refusal to
22 prosecute a criminal law.
23 (b) Upon receipt of information that a prosecuting attorney has
24 engaged in a pattern of conduct that reflects a refusal to prosecute
25 a criminal law enacted by the general assembly, the board may
26 conduct an investigation to determine if the prosecuting attorney
27 is a noncompliant prosecuting attorney.
28 (c) The board shall serve notice of the investigation on the
29 alleged noncompliant prosecuting attorney.
30 (d) The alleged noncompliant prosecuting attorney may respond
31 to the allegations not later than fifteen (15) days after receipt of the
32 notice described in subsection (c).
33 Sec. 9. (a) If the board determines that a prosecuting attorney
34 is a noncompliant prosecuting attorney, the board shall issue a
35 report to:
36 (1) the prosecuting attorneys council of Indiana; and
37 (2) the alleged noncompliant prosecuting attorney.
38 (b) Upon receipt of a report under subsection (a), the
39 prosecuting attorneys council of Indiana shall instruct the state
40 comptroller to withhold funding from the county under
41 IC 33-39-11.
42 Sec. 10. Members of the board have the same investigative
EH 1006—LS 7592/DI 151 8
1 powers and immunity as provided in the member's normal course
2 of business as a prosecuting attorney. Each member is immune
3 from all civil liability for acts performed in the course of the
4 member's official duties relating to an investigation and report
5 under this chapter.
6 SECTION 7. IC 33-39-10-2, AS ADDED BY P.L.57-2014,
7 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 2. (a) A person may be appointed as a special
9 prosecutor:
10 (1) as provided under this section; or
11 (2) in accordance with IC 4-2-7-7.
12 (b) A circuit court or superior court judge:
13 (1) shall appoint a special prosecutor if:
14 (A) any person, other than a prosecuting attorney or the
15 prosecuting attorney's deputy, files a verified petition
16 requesting the appointment of a special prosecutor; and
17 (B) the prosecuting attorney agrees that a special prosecutor is
18 needed;
19 (2) may appoint a special prosecutor if:
20 (A) a person files a verified petition requesting the
21 appointment of a special prosecutor; and
22 (B) the court, after:
23 (i) notice is given to the prosecuting attorney; and
24 (ii) an evidentiary hearing is conducted at which the
25 prosecuting attorney is given an opportunity to be heard;
26 finds by clear and convincing evidence that the appointment
27 is necessary to avoid an actual conflict of interest or there is
28 probable cause to believe that the prosecuting attorney has
29 committed a crime;
30 (3) may appoint a special prosecutor if:
31 (A) the prosecuting attorney files a petition requesting the
32 court to appoint a special prosecutor; and
33 (B) the court finds that the appointment is necessary to avoid
34 the appearance of impropriety;
35 (4) may appoint a special prosecutor if:
36 (A) an elected public official who is a defendant in a criminal
37 proceeding files a verified petition requesting a special
38 prosecutor within ten (10) days after the date of the initial
39 hearing; and
40 (B) the court finds that the appointment of a special prosecutor
41 is in the best interests of justice; and
42 (5) shall appoint a special prosecutor if:
EH 1006—LS 7592/DI 151 9
1 (A) a previously appointed special prosecutor:
2 (i) files a motion to withdraw as special prosecutor; or
3 (ii) has become incapable of continuing to represent the
4 interests of the state; and
5 (B) the court finds that the facts that established the basis for
6 the initial appointment of a special prosecutor still exist.
7 The elected prosecuting attorney who serves in the jurisdiction of
8 the appointing court shall receive notice of all pleadings filed and
9 orders issued under this subdivision.
10 (c) A person appointed to serve as a special prosecutor:
11 (1) must consent to the appointment; and
12 (2) must be:
13 (A) the prosecuting attorney or a deputy prosecuting attorney
14 in a county other than the county judicial circuit other than
15 the judicial circuit in which the person is to serve as special
16 prosecutor; or
17 (B) an attorney employed by the prosecuting attorneys
18 council of Indiana special prosecutor unit; or
19 (B) (C) a senior prosecuting attorney as described in section
20 1 of this chapter. A senior prosecuting attorney may be
21 appointed to serve as a special prosecutor in a county judicial
22 circuit in which the senior prosecuting attorney previously
23 served if the court finds that the appointment would not create
24 the appearance of impropriety.
25 (d) A person appointed to serve as a special prosecutor in a county
26 judicial circuit has the same powers as the prosecuting attorney of the
27 county. judicial circuit. However, the appointing judge shall limit the
28 scope of the special prosecutor's duties to include only the investigation
29 or prosecution of a particular case or particular grand jury
30 investigation.
31 (e) Upon making an appointment under this section, the court shall
32 establish the length of the special prosecutor's term. At least one (1)
33 time every six (6) months throughout the appointed term, a special
34 prosecutor shall file a progress report with the appointing court. A
35 progress report:
36 (1) must inform the court of the:
37 (A) status of the investigation; and
38 (B) estimated time for completion of the special prosecutor's
39 duties; and
40 (2) may not:
41 (A) include substantive facts or legal issues; or
42 (B) offer preliminary conclusions.
EH 1006—LS 7592/DI 151 10
1 The court may extend the term of appointment upon the request of the
2 special prosecutor or terminate any appointment if the special
3 prosecutor has failed to file reports or a request for an extended term
4 under this subsection.
5 (f) If the target of an investigation by the special prosecutor is a
6 public servant (as defined in IC 35-31.5-2-261), the court shall order
7 the special prosecutor to file a report of the investigation with the court
8 at the conclusion of the investigation. A report filed under this
9 subsection is a public record under IC 5-14-3.
10 (g) If a special prosecutor is not regularly employed as a full-time
11 prosecuting attorney or full-time deputy prosecuting attorney, the
12 compensation for the special prosecutor's services:
13 (1) shall be paid, as incurred:
14 (A) to the special prosecutor; or
15 (B) for a special prosecutor employed by the prosecuting
16 attorneys council of Indiana special prosecutor unit;
17 following an application to the county auditor, from the
18 unappropriated funds of the appointing county; and
19 (2) may not exceed:
20 (A) an hourly rate based upon the regular salary of a full-time
21 prosecuting attorney of the appointing circuit;
22 (B) travel expenses and reasonable accommodation expenses
23 actually incurred; and
24 (C) other reasonable expenses actually incurred, including the
25 costs of investigation, trial and discovery preparation, and
26 other trial expenses.
27 The amount of compensation a special prosecutor receives for services
28 performed during a calendar day under subdivision (2)(A) may not
29 exceed the amount of compensation a full-time prosecuting attorney
30 would receive in salary for the calendar day.
31 (h) If the special prosecutor is regularly employed as a full-time
32 prosecuting attorney or deputy prosecuting attorney, the compensation
33 for the special prosecutor's services:
34 (1) shall be paid out of the appointing county's unappropriated
35 funds to the treasurer of the county in which the special
36 prosecutor regularly serves; and
37 (2) must include a per diem equal to the regular salary of a
38 full-time prosecuting attorney of the appointing circuit, travel
39 expenses, and reasonable accommodation expenses actually
40 incurred.
41 SECTION 8. IC 33-39-11 IS ADDED TO THE INDIANA CODE
42 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
EH 1006—LS 7592/DI 151 11
1 JULY 1, 2025]:
2 Chapter 11. Public Prosecution Fund
3 Sec. 1. As used in this chapter, "council" means the prosecuting
4 attorneys council of Indiana established by IC 33-39-8-2.
5 Sec. 2. The public prosecution fund is established to provide
6 county reimbursement of compensation paid to deputy prosecuting
7 attorneys and administrative expenses. The fund shall be
8 administered by the council.
9 Sec. 3. The fund consists of money appropriated to the fund by
10 the general assembly.
11 Sec. 4. The treasurer of state shall invest the money in the fund
12 not currently needed to meet the obligations of the fund in the same
13 manner as other public funds may be invested.
14 Sec. 5. Money in the fund at the end of a state fiscal year does
15 not revert to the state general fund.
16 Sec. 6. (a) A county auditor may submit on a quarterly basis a
17 certified request to the state comptroller for reimbursement from
18 the public prosecution fund for salary paid to a deputy prosecuting
19 attorney, other than a chief deputy prosecuting attorney or an
20 elected prosecuting attorney, if the annual salary of the deputy
21 prosecuting attorney is equal to at least fifty-five percent (55%) of
22 the salary paid to the elected full-time prosecuting attorney. The
23 county auditor may request reimbursement under this subsection
24 in an amount that does not exceed twenty-seven and one-half
25 percent (27.5%) of the salary paid to the elected full-time
26 prosecuting attorney.
27 (b) A county auditor may submit on a quarterly basis a certified
28 request to the state comptroller for reimbursement from the public
29 prosecution fund for the county's expenditures for fringe benefits
30 provided to a deputy prosecuting attorney, other than a chief
31 deputy prosecuting attorney or an elected prosecuting attorney, if
32 the annual salary of the deputy prosecuting attorney is equal to at
33 least fifty-five percent (55%) of the salary paid to the elected
34 full-time prosecuting attorney. However, a request for
35 reimbursement for fringe benefits under this subsection may not
36 exceed fifteen thousand one hundred forty dollars ($15,140).
37 Sec. 7. (a) Except as provided in subsection (b), upon receiving
38 certification from a county auditor, the state comptroller shall
39 issue a warrant to the treasurer of state for disbursement to the
40 county of the amount certified.
41 (b) If the state comptroller has received instruction from the
42 council under IC 33-39-8.1-9 to withhold payment from the county
EH 1006—LS 7592/DI 151 12
1 because the prosecuting attorney is a noncompliant prosecuting
2 attorney, the state comptroller shall not issue a warrant under
3 subsection (a).
4 SECTION 9. IC 33-40-5-2, AS AMENDED BY P.L.111-2024,
5 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 2. (a) The Indiana commission on court appointed
7 attorneys is established.
8 (b) Except as provided in subdivision (2), the commission is
9 composed of the following eleven (11) members, none of whom may
10 be a law enforcement officer, or a judicial officer (including a senior
11 judge), a court employee, a city, town, or county attorney, an
12 attorney who provides representation to indigent persons, or a
13 full-time employee of an executive, legislative, or judicial state
14 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, and two (2) of these
21 individuals must be trial court judges from counties receiving
22 reimbursement of expenditures for noncapital cases under
23 IC 33-40-7-11.
24 (3) One (1) member appointed by the board of trustees of the
25 Indiana criminal justice institute, who is an attorney admitted to
26 practice law in Indiana.
27 (4) Two (2) members of the house of representatives to be
28 appointed by the speaker of the house of representatives. The
29 members appointed under this subdivision may not be from the
30 same political party.
31 (5) Two (2) members of the senate, to be appointed by the
32 president pro tempore of the senate. The members appointed
33 under this subdivision may not be from the same political party.
34 SECTION 10. IC 33-40-5-3.5, AS ADDED BY P.L.42-2024,
35 SECTION 156, IS AMENDED TO READ AS FOLLOWS
36 [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) A legislative member
37 of the commission serves a two (2) year term that expires June 30 of an
38 odd-numbered year.
39 (b) A member of the commission appointed under section 2(b)(1)
40 through 2(b)(3) of this chapter serves a four (4) year an initial term
41 that expires June 30, 2025, 2027, and a four (4) year term that
42 expires each fourth year thereafter.
EH 1006—LS 7592/DI 151 13
1 (c) A member of the commission appointed under section 2(b)(2)
2 of this chapter serves an initial term that expires June 30, 2029,
3 and a four (4) year term that expires each fourth year thereafter.
4 (d) A member of the commission appointed under section
5 2(b)(3) of this chapter serves an initial term that expires June 30,
6 2025, and a four (4) year term that expires each fourth year
7 thereafter.
8 (c) (e) A member of the commission serves at the pleasure of the
9 appointing authority and may be reappointed to successive terms.
10 SECTION 11. IC 33-40-6-4, AS AMENDED BY P.L.111-2024,
11 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 4 (a) For purposes of this section, the term
13 "county auditor" includes a person who:
14 (1) is the auditor of a county that is a member of a multicounty
15 public defender's office; and
16 (2) is responsible for the receipt, disbursement, and accounting of
17 all monies distributed to the multicounty public defender's office.
18 (b) A county auditor may submit on a quarterly basis a certified
19 request to the Indiana commission on court appointed attorneys for
20 reimbursement from the public defense fund for an amount equal to
21 fifty percent (50%) of the county's expenditures for indigent defense
22 services provided to a defendant against whom the death sentence is
23 sought under IC 35-50-2-9.
24 (c) Except as provided in subsection (d), a county auditor may
25 submit on a quarterly basis a certified request to the Indiana
26 commission on court appointed attorneys for reimbursement from the
27 public defense fund for an amount equal to forty percent (40%) fifty
28 percent (50%) of the county's or multicounty public defender's office's
29 expenditures for indigent defense services provided in all noncapital
30 cases except misdemeanors.
31 (d) This subsection applies to a county that is one (1) of up to twelve
32 (12) counties that shall be selected by the Indiana commission on court
33 appointed attorneys based on population and geographic diversity. A
34 county auditor may submit on a quarterly basis a certified request to the
35 Indiana commission on court appointed attorneys for reimbursement
36 from the public defense fund for an amount that is up to forty percent
37 (40%) fifty percent (50%) of the county's or multicounty public
38 defender's office's expenditures for indigent defense services provided
39 in misdemeanor cases. This subsection expires June 30, 2029.
40 (e) The Indiana commission on court appointed attorneys may
41 substitute a county described in subsection (d) with a county with
42 similar population and geographic characteristics if the county
EH 1006—LS 7592/DI 151 14
1 described in subsection (d) declines to participate in the misdemeanor
2 reimbursement. If a county is substituted under this subsection, the
3 Indiana commission on court appointed attorneys shall publish on its
4 website the replacement county.
5 (f) A request under this section from a county described in
6 IC 33-40-7-1(5) may be limited to expenditures for indigent defense
7 services provided by a particular division of a court.
8 (g) A county auditor shall submit quarterly to the Indiana
9 commission on court appointed attorneys information to be included in
10 the report under IC 33-40-5-4(a)(5) regarding reimbursements
11 requested and received from the public defense fund for the county's
12 expenditures for indigent defense services provided under subsections
13 (b), (c), and (d).
14 SECTION 12. IC 34-30-2.1-550.4 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2025]: Sec. 550.4. IC 33-39-8.1-10
17 (Concerning members of the prosecutor review board).
18 SECTION 13. An emergency is declared for this act.
EH 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
EH 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
EH 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
EH 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.
EH 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
_____
COMMITTEE REPORT
Mr. President: The Senate Committee on Corrections and Criminal
Law, to which was referred House Bill No. 1006, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 4, delete lines 8 through 37, begin a new paragraph and insert:
"SECTION 3. IC 33-39-8-5, AS AMENDED BY P.L.55-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. The council shall do the following:
(1) Assist in the coordination of the duties of the prosecuting
attorneys of the state and their staffs.
(2) Prepare manuals of procedure.
(3) Give assistance in preparation of the trial briefs, forms, and
instructions.
(4) Conduct training for prosecuting attorneys and the staff of
prosecuting attorneys.
(5) Conduct research and studies that would be of interest and
value to all prosecuting attorneys and their staffs.
(6) Maintain liaison contact with study commissions and agencies
of all branches of local, state, and federal government that will be
of benefit to law enforcement and the fair administration of
justice in Indiana.
(7) 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.
(7) (8) Adopt guidelines for the expenditure of funds derived from
a deferral program or a pretrial diversion program.
EH 1006—LS 7592/DI 151 20
(8) (9) The council shall:
(A) compile forfeiture data received under IC 34-24-1-4.5; and
(B) annually submit a report to the legislative council
containing the compiled data.
The council shall submit the report to the legislative council
before July 15 of every year. The report must be in an electronic
format under IC 5-14-6. The council may adopt rules under
IC 4-22-2 to implement this subdivision.".
Page 6, line 30, delete "The board consists of five (5) members."
and insert "The board of directors of the prosecuting attorneys
council of Indiana shall appoint five (5) members to the board.".
Page 6, line 32, delete "Indiana who are appointed by the" and insert
"Indiana.".
Page 6, delete line 33.
Page 6, line 34, delete "to serve on the board.".
Page 6, line 36, delete "three (3)" and insert "four (4)".
Page 6, delete lines 38 through 40, begin a new paragraph and
insert:
"(c) Each member serves a four (4) year term. A member may
be reappointed to additional terms.".
Page 7, line 6, delete "duties, but may be entitled to" and insert
"duties.".
Page 7, delete line 7.
Page 7, line 14, delete "themself" and insert "himself or herself".
Page 7, line 30, delete "prosecutor." and insert "prosecuting
attorney.".
Page 7, line 35, delete "subsection (b)." and insert "subsection (c).".
Page 8, line 5, delete "an elected prosecutor." and insert "a
prosecuting attorney.".
Page 11, delete lines 19 through 37, begin a new paragraph and
insert:
"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 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. The
county auditor may request reimbursement under this subsection
in an amount that does not exceed twenty-seven and one-half
percent (27.5%) of the salary paid to the elected full-time
prosecuting attorney.
EH 1006—LS 7592/DI 151 21
(b) A county auditor may submit on a quarterly basis a certified
request to the state comptroller for reimbursement from the public
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).".
Page 12, line 9, delete "The" and insert "Except as provided in
subdivision (2), the".
Page 12, line 20, delete "party." and insert "party, and two (2) of
these individuals must be trial court judges from counties receiving
reimbursement of expenditures for noncapital cases under
IC 33-40-7-11.".
Page 12, line 37, after "serves" strike "a".
Page 14, between lines 10 and 11, begin a new paragraph and insert:
"SECTION 13. IC 34-30-2.1-550.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 550.4. IC 33-39-8.1-10
(Concerning members of the prosecutor review board).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to HB 1006 as printed February 13, 2025.)
FREEMAN, Chairperson
Committee Vote: Yeas 5, Nays 3.
EH 1006—LS 7592/DI 151