*EH1006.3*
Reprinted
April 9, 2025
ENGROSSED
HOUSE BILL No. 1006
_____
DIGEST OF HB 1006 (Updated April 8, 2025 3:27 pm - DI 151)
Citations Affected: IC 5-2; IC 33-39; IC 33-40; IC 34-30.
Synopsis: Prosecutors. Establishes the prosecutor review board and
sets forth the duties of the board. Requires that two members appointed
to the Indiana commission on court appointed attorneys be trial court
judges from counties receiving reimbursement of expenditures for
noncapital cases.
Effective: Upon passage; July 1, 2025.
Jeter, Steuerwald, Ireland,
McNamara
(SENATE SPONSORS — FREEMA N, CARRASCO,
RANDOLPH LONNIE M)
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.
April 3, 2025, amended, reported favorably — Do Pass.
April 8, 2025, read second time, amended, ordered engrossed.
EH 1006—LS 7592/DI 151 Reprinted
April 9, 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 33-39-8.1 IS ADDED TO THE INDIANA CODE
30 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]:
32 Chapter 8.1. Prosecutor Review Board
33 Sec. 1. As used in this chapter, "board" means the prosecutor
34 review board established by section 4 of this chapter.
35 Sec. 2. As used in this chapter, "categorically refuse to
36 prosecute" means a blanket refusal to prosecute a criminal law.
37 The term does not include the refusal to prosecute a criminal law
38 if:
39 (1) the prosecution would violate federal law or an order
40 issued by a state or federal court;
41 (2) the prosecution would violate the Rules of Professional
42 Conduct; or
EH 1006—LS 7592/DI 151 4
1 (3) the decision not to prosecute the law is based on an
2 individual investigation of the facts and circumstances of the
3 case.
4 Sec. 3. As used in this chapter, "noncompliant prosecuting
5 attorney" means a prosecuting attorney who has engaged in a
6 pattern of conduct that reflects a refusal to prosecute a criminal
7 law enacted by the general assembly.
8 Sec. 4. The prosecutor review board is established.
9 Sec. 5. (a) The board of directors of the prosecuting attorneys
10 council of Indiana shall appoint five (5) members to the board.
11 These five (5) members must also be members of the board of
12 directors of the prosecuting attorneys council of Indiana. All
13 members are appointed as voting members.
14 (b) Not more than four (4) members may be from the same
15 political party.
16 (c) Each member serves a four (4) year term. A member may be
17 reappointed to additional terms.
18 (d) If a vacancy occurs, the board of directors of the prosecuting
19 attorneys council of Indiana shall appoint a member of the board
20 of directors to fill the vacancy. An appointment to fill a vacancy
21 occurring before the expiration of a term is for the remainder of
22 the unexpired term.
23 Sec. 6. A member of the board is not entitled to reimbursement
24 from the state for traveling expenses or other expenses incurred in
25 connection with the member's duties.
26 Sec. 7. (a) Three (3) members of the board constitute a quorum.
27 (b) The affirmative vote of at least three (3) members of the
28 board is required for the board to take any official action.
29 (c) The board shall meet at the call of the chair of the board of
30 directors of the prosecuting attorneys council of Indiana.
31 (d) If any member of the board is the subject of an investigation
32 under section 8 of this chapter, the member shall recuse himself or
33 herself from the investigation. If the chair of the board of directors
34 of the prosecuting attorneys council of Indiana is the subject of an
35 investigation under section 8 of this chapter, the board shall meet
36 at the call of the vice chair of the board of the prosecuting
37 attorneys council of Indiana.
38 Sec. 8. (a) Upon receipt of information that a prosecuting
39 attorney has made a public declaration to categorically refuse to
40 prosecute a criminal law enacted by the general assembly, the
41 board shall conduct an investigation limited to a prosecuting
42 attorney's pattern of conduct related to the categorical refusal to
EH 1006—LS 7592/DI 151 5
1 prosecute a criminal law.
2 (b) Upon receipt of information that a prosecuting attorney has
3 engaged in a pattern of conduct that reflects a refusal to prosecute
4 a criminal law enacted by the general assembly, the board may
5 conduct an investigation to determine if the prosecuting attorney
6 is a noncompliant prosecuting attorney.
7 (c) The board shall serve notice of the investigation on the
8 alleged noncompliant prosecuting attorney.
9 (d) The alleged noncompliant prosecuting attorney may respond
10 to the allegations not later than fifteen (15) days after receipt of the
11 notice described in subsection (c).
12 Sec. 9. If the board determines that a prosecuting attorney is a
13 noncompliant prosecuting attorney, the board shall issue a report
14 to:
15 (1) the prosecuting attorneys council of Indiana; and
16 (2) the alleged noncompliant prosecuting attorney.
17 Sec. 10. Members of the board have the same investigative
18 powers and immunity as provided in the member's normal course
19 of business as a prosecuting attorney. Each member is immune
20 from all civil liability for acts performed in the course of the
21 member's official duties relating to an investigation and report
22 under this chapter.
23 SECTION 3. IC 33-39-10-2, AS ADDED BY P.L.57-2014,
24 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 2. (a) A person may be appointed as a special
26 prosecutor:
27 (1) as provided under this section; or
28 (2) in accordance with IC 4-2-7-7.
29 (b) A circuit court or superior court judge:
30 (1) shall appoint a special prosecutor if:
31 (A) any person, other than a prosecuting attorney or the
32 prosecuting attorney's deputy, files a verified petition
33 requesting the appointment of a special prosecutor; and
34 (B) the prosecuting attorney agrees that a special prosecutor is
35 needed;
36 (2) may appoint a special prosecutor if:
37 (A) a person files a verified petition requesting the
38 appointment of a special prosecutor; and
39 (B) the court, after:
40 (i) notice is given to the prosecuting attorney; and
41 (ii) an evidentiary hearing is conducted at which the
42 prosecuting attorney is given an opportunity to be heard;
EH 1006—LS 7592/DI 151 6
1 finds by clear and convincing evidence that the appointment
2 is necessary to avoid an actual conflict of interest or there is
3 probable cause to believe that the prosecuting attorney has
4 committed a crime;
5 (3) may appoint a special prosecutor if:
6 (A) the prosecuting attorney files a petition requesting the
7 court to appoint a special prosecutor; and
8 (B) the court finds that the appointment is necessary to avoid
9 the appearance of impropriety;
10 (4) may appoint a special prosecutor if:
11 (A) an elected public official who is a defendant in a criminal
12 proceeding files a verified petition requesting a special
13 prosecutor within ten (10) days after the date of the initial
14 hearing; and
15 (B) the court finds that the appointment of a special prosecutor
16 is in the best interests of justice; and
17 (5) shall appoint a special prosecutor if:
18 (A) a previously appointed special prosecutor:
19 (i) files a motion to withdraw as special prosecutor; or
20 (ii) has become incapable of continuing to represent the
21 interests of the state; and
22 (B) the court finds that the facts that established the basis for
23 the initial appointment of a special prosecutor still exist.
24 The elected prosecuting attorney who serves in the jurisdiction of
25 the appointing court shall receive notice of all pleadings filed and
26 orders issued under this subdivision.
27 (c) A person appointed to serve as a special prosecutor:
28 (1) must consent to the appointment; and
29 (2) must be:
30 (A) the prosecuting attorney or a deputy prosecuting attorney
31 in a county other than the county judicial circuit other than
32 the judicial circuit in which the person is to serve as special
33 prosecutor; or
34 (B) a senior prosecuting attorney as described in section 1 of
35 this chapter. A senior prosecuting attorney may be appointed
36 to serve as a special prosecutor in a county judicial circuit in
37 which the senior prosecuting attorney previously served if the
38 court finds that the appointment would not create the
39 appearance of impropriety.
40 (d) A person appointed to serve as a special prosecutor in a county
41 judicial circuit has the same powers as the prosecuting attorney of the
42 county. judicial circuit. However, the appointing judge shall limit the
EH 1006—LS 7592/DI 151 7
1 scope of the special prosecutor's duties to include only the investigation
2 or prosecution of a particular case or particular grand jury
3 investigation.
4 (e) Upon making an appointment under this section, the court shall
5 establish the length of the special prosecutor's term. At least one (1)
6 time every six (6) months throughout the appointed term, a special
7 prosecutor shall file a progress report with the appointing court. A
8 progress report:
9 (1) must inform the court of the:
10 (A) status of the investigation; and
11 (B) estimated time for completion of the special prosecutor's
12 duties; and
13 (2) may not:
14 (A) include substantive facts or legal issues; or
15 (B) offer preliminary conclusions.
16 The court may extend the term of appointment upon the request of the
17 special prosecutor or terminate any appointment if the special
18 prosecutor has failed to file reports or a request for an extended term
19 under this subsection.
20 (f) If the target of an investigation by the special prosecutor is a
21 public servant (as defined in IC 35-31.5-2-261), the court shall order
22 the special prosecutor to file a report of the investigation with the court
23 at the conclusion of the investigation. A report filed under this
24 subsection is a public record under IC 5-14-3.
25 (g) If a special prosecutor is not regularly employed as a full-time
26 prosecuting attorney or full-time deputy prosecuting attorney, the
27 compensation for the special prosecutor's services:
28 (1) shall be paid, as incurred, to the special prosecutor following
29 an application to the county auditor, from the unappropriated
30 funds of the appointing county; and
31 (2) may not exceed:
32 (A) an hourly rate based upon the regular salary of a full-time
33 prosecuting attorney of the appointing circuit;
34 (B) travel expenses and reasonable accommodation expenses
35 actually incurred; and
36 (C) other reasonable expenses actually incurred, including the
37 costs of investigation, trial and discovery preparation, and
38 other trial expenses.
39 The amount of compensation a special prosecutor receives for services
40 performed during a calendar day under subdivision (2)(A) may not
41 exceed the amount of compensation a full-time prosecuting attorney
42 would receive in salary for the calendar day.
EH 1006—LS 7592/DI 151 8
1 (h) If the special prosecutor is regularly employed as a full-time
2 prosecuting attorney or deputy prosecuting attorney, the compensation
3 for the special prosecutor's services:
4 (1) shall be paid out of the appointing county's unappropriated
5 funds to the treasurer of the county in which the special
6 prosecutor regularly serves; and
7 (2) must include a per diem equal to the regular salary of a
8 full-time prosecuting attorney of the appointing circuit, travel
9 expenses, and reasonable accommodation expenses actually
10 incurred.
11 SECTION 4. IC 33-40-5-2, AS AMENDED BY P.L.111-2024,
12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 2. (a) The Indiana commission on court appointed
14 attorneys is established.
15 (b) Except as provided in subdivision (2), the commission is
16 composed of the following eleven (11) members, none of whom may
17 be a law enforcement officer, or a judicial officer (including a senior
18 judge), a court employee, a city, town, or county attorney, an
19 attorney who provides representation to indigent persons, or a
20 full-time employee of an executive, legislative, or judicial state
21 agency:
22 (1) Three (3) members appointed by the governor, with not more
23 than two (2) of these individuals belonging to the same political
24 party.
25 (2) Three (3) members appointed by the chief justice of the
26 supreme court, with not more than two (2) of these individuals
27 belonging to the same political party, and two (2) of these
28 individuals must be trial court judges from counties receiving
29 reimbursement of expenditures for noncapital cases under
30 IC 33-40-7-11.
31 (3) One (1) member appointed by the board of trustees of the
32 Indiana criminal justice institute, who is an attorney admitted to
33 practice law in Indiana.
34 (4) Two (2) members of the house of representatives to be
35 appointed by the speaker of the house of representatives. The
36 members appointed under this subdivision may not be from the
37 same political party.
38 (5) Two (2) members of the senate, to be appointed by the
39 president pro tempore of the senate. The members appointed
40 under this subdivision may not be from the same political party.
41 SECTION 5. IC 33-40-5-3.5, AS ADDED BY P.L.42-2024,
42 SECTION 156, IS AMENDED TO READ AS FOLLOWS
EH 1006—LS 7592/DI 151 9
1 [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) A legislative member
2 of the commission serves a two (2) year term that expires June 30 of an
3 odd-numbered year.
4 (b) A member of the commission appointed under section 2(b)(1)
5 through 2(b)(3) of this chapter serves a four (4) year an initial term
6 that expires June 30, 2025, 2027, and a four (4) year term that
7 expires each fourth year thereafter.
8 (c) A member of the commission appointed under section 2(b)(2)
9 of this chapter serves an initial term that expires June 30, 2029,
10 and a four (4) year term that expires each fourth year thereafter.
11 (d) A member of the commission appointed under section
12 2(b)(3) of this chapter serves an initial term that expires June 30,
13 2025, and a four (4) year term that expires each fourth year
14 thereafter.
15 (c) (e) A member of the commission serves at the pleasure of the
16 appointing authority and may be reappointed to successive terms.
17 SECTION 6. IC 34-30-2.1-550.4 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2025]: Sec. 550.4. IC 33-39-8.1-10
20 (Concerning members of the prosecutor review board).
21 SECTION 7. An emergency is declared for this act.
EH 1006—LS 7592/DI 151 10
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 11
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 12
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 13
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 14
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 15
(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 16
(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.
_____
COMMITTEE REPORT
Mr. President: The Senate Committee on Appropriations, to which
was referred Engrossed 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 3, delete lines 29 through 42.
Delete pages 4 through 5.
Page 6, delete lines 1 through 7.
EH 1006—LS 7592/DI 151 17
Page 9, line 16, reset in roman "or".
Page 9, delete lines 17 through 18.
Page 9, line 19, reset in roman "(B)".
Page 9, line 19, delete "(C)".
Page 10, line 13, after "incurred" delete ":" and insert ",".
Page 10, lines 14, delete "(A)".
Page 10, line 14, after "prosecutor" delete ";".
Page 10, line 14, delete "or".
Page 10, delete lines 15 through 16.
Run in lines 13 through 17.
Page 10, delete lines 41 through 42.
Delete page 11.
Page 12, delete lines 1 through 3.
Page 13, delete lines 10 through 42.
Page 14, delete lines 1 through 13.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to EHB 1006 as printed March 28, 2025.)
MISHLER, Chairperson
Committee Vote: Yeas 10, Nays 3.
_____
SENATE MOTION
Mr. President: I move that Engrossed House Bill 1006 be amended
to read as follows:
Page 5, line 12, delete "(a)".
Page 5, delete lines 17 through 20.
(Reference is to EHB 1006 as printed April 4, 2025.)
FREEMAN
EH 1006—LS 7592/DI 151