Indiana 2025 Regular Session

Indiana House Bill HB1006 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1006.3
	2	+	Reprinted
	3	+	April 9, 2025
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1006
	6	+	_____
	7	+	DIGEST OF HB 1006 (Updated April 8, 2025 3:27 pm - DI 151)
	8	+	Citations Affected: IC 5-2; IC 33-39; IC 33-40; IC 34-30.
	9	+	Synopsis: Prosecutors. Establishes the prosecutor review board and
	10	+	sets forth the duties of the board. Requires that two members appointed
	11	+	to the Indiana commission on court appointed attorneys be trial court
	12	+	judges from counties receiving reimbursement of expenditures for
	13	+	noncapital cases.
	14	+	Effective: Upon passage; July 1, 2025.
	15	+	Jeter, Steuerwald, Ireland,
	16	+	McNamara
	17	+	(SENATE SPONSORS — FREEMA N, CARRASCO,
	18	+	RANDOLPH LONNIE M)
	19	+	January 21, 2025, read first time and referred to Committee on Courts and Criminal Code.
	20	+	February 6, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
	21	+	Means pursuant to Rule 126.3.
	22	+	February 13, 2025, reported — Do Pass.
	23	+	February 17, 2025, read second time, ordered engrossed.
	24	+	February 18, 2025, engrossed.
	25	+	February 19, 2025, read third time, passed. Yeas 72, nays 24.
	26	+	SENATE ACTION
	27	+	March 3, 2025, read first time and referred to Committee on Corrections and Criminal
	28	+	Law.
	29	+	March 27, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
	30	+	Appropriations.
	31	+	April 3, 2025, amended, reported favorably — Do Pass.
	32	+	April 8, 2025, read second time, amended, ordered engrossed.
	33	+	EH 1006—LS 7592/DI 151 Reprinted
	34	+	April 9, 2025
1	35		First Regular Session of the 124th General Assembly (2025)
2	36		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	37		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	38		additions will appear in this style type, and deletions will appear in this style type.
5	39		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	40		provision adopted), the text of the new provision will appear in this style type. Also, the
7	41		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	42		a new provision to the Indiana Code or the Indiana Constitution.
9	43		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	44		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1006
12		-	AN ACT to amend the Indiana Code concerning courts and court
13		-	officers.
	45	+	ENGROSSED
	46	+	HOUSE BILL No. 1006
	47	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	48	+	courts and court officers.
14	49		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 5-2-6-24, AS AMENDED BY THE TECHNICAL
16		-	CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
17		-	AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
18		-	Sec. 24. (a) As used in this section, "criminal code reform" refers to
19		-	statutory provisions relating to criminal law enacted by P.L.158-2013
20		-	and HEA 1006-2014.
21		-	(b) (a) The institute shall monitor and evaluate the status of
22		-	Indiana's criminal justice system as described in this section.
23		-	(c) (b) The institute shall annually gather data and analyze the status
24		-	of the criminal justice system in Indiana, including the impact of
25		-	current trends on:
26		-	(1) local units of government;
27		-	(2) the department of correction; and
28		-	(3) the office of judicial administration.
29		-	(d) (c) The institute shall prepare an annual report, in conjunction
30		-	with the justice reinvestment advisory council (established by
31		-	IC 33-38-9.5-2), containing the results of its analysis before January 1
32		-	of each year. The report shall be provided to the governor, the chief
33		-	justice, and the legislative council. The report provided to the
34		-	legislative council must be in an electronic format under IC 5-14-6.
35		-	(e) (d) The report required under this section must:
36		-	HEA 1006 — Concur 2
37		-	(1) include an analysis of:
38		-	(A) county jail populations;
39		-	(B) community corrections agencies;
40		-	(C) probation departments;
41		-	(D) courts;
42		-	(E) recidivism rates;
43		-	(F) reentry court programs; and
44		-	(G) data relevant to the availability and effectiveness of mental
45		-	health and addiction programs for persons who are in the
46		-	criminal justice system;
47		-	(2) track the number of requests for sentence modification that are
48		-	set for hearing by the court, including the relief granted by the
49		-	court, if any;
50		-	(3) track, by age and offense, the number of juveniles under the
51		-	jurisdiction of an adult court due to:
52		-	(A) lack of jurisdiction under IC 31-30-1-4; or
53		-	(B) waiver of jurisdiction under IC 31-30-3-2 through
54		-	IC 31-30-3-6;
55		-	(4) track the number of juveniles under the jurisdiction of adult
56		-	court due to a juvenile court not having jurisdiction of the cases
57		-	in accordance with IC 31-30-1-4, by:
58		-	(A) age;
59		-	(B) sex;
60		-	(C) race;
61		-	(D) county of prosecution;
62		-	(E) offenses charged;
63		-	(F) convictions received; and
64		-	(G) sentences received; and
65		-	(5) track the number of waivers of juvenile court jurisdiction
66		-	granted under IC 31-30-3-2 through IC 31-30-3-6 by:
67		-	(A) age;
68		-	(B) sex;
69		-	(C) race;
70		-	(D) charges filed in juvenile court in which a waiver was
71		-	sought;
72		-	(E) charges filed in adult court following the waiver of
73		-	juvenile court jurisdiction;
74		-	(F) county of prosecution;
75		-	(G) convictions received; and
76		-	(H) sentences received.
77		-	(f) (e) All local units of government and local elected officials,
78		-	including sheriffs, prosecuting attorneys, judges, and county fiscal
79		-	HEA 1006 — Concur 3
80		-	bodies, shall cooperate with the institute by providing data as requested
81		-	by the institute.
82		-	(g) (f) State agencies, including the department of correction, the
83		-	Indiana prosecuting attorneys council of Indiana, the Indiana public
84		-	defender council of Indiana, the office of judicial administration, and
85		-	the division of mental health and addiction, shall assist the institute by
86		-	providing requested data in a timely manner.
87		-	(h) (g) Based on their analysis, the institute and the justice
88		-	reinvestment advisory council shall include recommendations to
89		-	improve the criminal justice system in Indiana, with particular
90		-	emphasis being placed on recommendations that relate to sentencing
91		-	policies and reform.
92		-	(i) (h) The institute and the justice reinvestment advisory council
93		-	shall include research data relevant to their analysis and
94		-	recommendations in the report.
95		-	(j) (i) The institute shall:
96		-	(1) make the data collected under subsection (e)(4) (d)(4) and
97		-	(e)(5) (d)(5) available to the public in an annual report, by fiscal
98		-	year, due by October 30 of each year;
99		-	(2) post the annual report required by subdivision (1) on the
100		-	institute's website; and
101		-	(3) provide a copy of the annual report required by subdivision (1)
102		-	to the commission on improving the status of children in Indiana
103		-	established by IC 2-5-36-3.
104		-	SECTION 2. IC 33-39-8.1 IS ADDED TO THE INDIANA CODE
105		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
106		-	JULY 1, 2025]:
107		-	Chapter 8.1. Prosecutor Review Board
108		-	Sec. 1. As used in this chapter, "board" means the prosecutor
109		-	review board established by section 4 of this chapter.
110		-	Sec. 2. As used in this chapter, "categorically refuse to
111		-	prosecute" means a blanket refusal to prosecute a criminal law.
112		-	The term does not include the refusal to prosecute a criminal law
113		-	if:
114		-	(1) the prosecution would violate federal law or an order
115		-	issued by a state or federal court;
116		-	(2) the prosecution would violate the Rules of Professional
117		-	Conduct; or
118		-	(3) the decision not to prosecute the law is based on an
119		-	individual investigation of the facts and circumstances of the
120		-	case.
121		-	Sec. 3. As used in this chapter, "noncompliant prosecuting
122		-	HEA 1006 — Concur 4
	50	+	1 SECTION 1. IC 5-2-6-24, AS AMENDED BY THE TECHNICAL
	51	+	2 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
	52	+	3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
	53	+	4 Sec. 24. (a) As used in this section, "criminal code reform" refers to
	54	+	5 statutory provisions relating to criminal law enacted by P.L.158-2013
	55	+	6 and HEA 1006-2014.
	56	+	7 (b) (a) The institute shall monitor and evaluate the status of
	57	+	8 Indiana's criminal justice system as described in this section.
	58	+	9 (c) (b) The institute shall annually gather data and analyze the status
	59	+	10 of the criminal justice system in Indiana, including the impact of
	60	+	11 current trends on:
	61	+	12 (1) local units of government;
	62	+	13 (2) the department of correction; and
	63	+	14 (3) the office of judicial administration.
	64	+	15 (d) (c) The institute shall prepare an annual report, in conjunction
	65	+	16 with the justice reinvestment advisory council (established by
	66	+	17 IC 33-38-9.5-2), containing the results of its analysis before January 1
	67	+	EH 1006—LS 7592/DI 151 2
	68	+	1 of each year. The report shall be provided to the governor, the chief
	69	+	2 justice, and the legislative council. The report provided to the
	70	+	3 legislative council must be in an electronic format under IC 5-14-6.
	71	+	4 (e) (d) The report required under this section must:
	72	+	5 (1) include an analysis of:
	73	+	6 (A) county jail populations;
	74	+	7 (B) community corrections agencies;
	75	+	8 (C) probation departments;
	76	+	9 (D) courts;
	77	+	10 (E) recidivism rates;
	78	+	11 (F) reentry court programs; and
	79	+	12 (G) data relevant to the availability and effectiveness of mental
	80	+	13 health and addiction programs for persons who are in the
	81	+	14 criminal justice system;
	82	+	15 (2) track the number of requests for sentence modification that are
	83	+	16 set for hearing by the court, including the relief granted by the
	84	+	17 court, if any;
	85	+	18 (3) track, by age and offense, the number of juveniles under the
	86	+	19 jurisdiction of an adult court due to:
	87	+	20 (A) lack of jurisdiction under IC 31-30-1-4; or
	88	+	21 (B) waiver of jurisdiction under IC 31-30-3-2 through
	89	+	22 IC 31-30-3-6;
	90	+	23 (4) track the number of juveniles under the jurisdiction of adult
	91	+	24 court due to a juvenile court not having jurisdiction of the cases
	92	+	25 in accordance with IC 31-30-1-4, by:
	93	+	26 (A) age;
	94	+	27 (B) sex;
	95	+	28 (C) race;
	96	+	29 (D) county of prosecution;
	97	+	30 (E) offenses charged;
	98	+	31 (F) convictions received; and
	99	+	32 (G) sentences received; and
	100	+	33 (5) track the number of waivers of juvenile court jurisdiction
	101	+	34 granted under IC 31-30-3-2 through IC 31-30-3-6 by:
	102	+	35 (A) age;
	103	+	36 (B) sex;
	104	+	37 (C) race;
	105	+	38 (D) charges filed in juvenile court in which a waiver was
	106	+	39 sought;
	107	+	40 (E) charges filed in adult court following the waiver of
	108	+	41 juvenile court jurisdiction;
	109	+	42 (F) county of prosecution;
	110	+	EH 1006—LS 7592/DI 151 3
	111	+	1 (G) convictions received; and
	112	+	2 (H) sentences received.
	113	+	3 (f) (e) All local units of government and local elected officials,
	114	+	4 including sheriffs, prosecuting attorneys, judges, and county fiscal
	115	+	5 bodies, shall cooperate with the institute by providing data as requested
	116	+	6 by the institute.
	117	+	7 (g) (f) State agencies, including the department of correction, the
	118	+	8 Indiana prosecuting attorneys council of Indiana, the Indiana public
	119	+	9 defender council of Indiana, the office of judicial administration, and
	120	+	10 the division of mental health and addiction, shall assist the institute by
	121	+	11 providing requested data in a timely manner.
	122	+	12 (h) (g) Based on their analysis, the institute and the justice
	123	+	13 reinvestment advisory council shall include recommendations to
	124	+	14 improve the criminal justice system in Indiana, with particular
	125	+	15 emphasis being placed on recommendations that relate to sentencing
	126	+	16 policies and reform.
	127	+	17 (i) (h) The institute and the justice reinvestment advisory council
	128	+	18 shall include research data relevant to their analysis and
	129	+	19 recommendations in the report.
	130	+	20 (j) (i) The institute shall:
	131	+	21 (1) make the data collected under subsection (e)(4) (d)(4) and
	132	+	22 (e)(5) (d)(5) available to the public in an annual report, by fiscal
	133	+	23 year, due by October 30 of each year;
	134	+	24 (2) post the annual report required by subdivision (1) on the
	135	+	25 institute's website; and
	136	+	26 (3) provide a copy of the annual report required by subdivision (1)
	137	+	27 to the commission on improving the status of children in Indiana
	138	+	28 established by IC 2-5-36-3.
	139	+	29 SECTION 2. IC 33-39-8.1 IS ADDED TO THE INDIANA CODE
	140	+	30 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	141	+	31 JULY 1, 2025]:
	142	+	32 Chapter 8.1. Prosecutor Review Board
	143	+	33 Sec. 1. As used in this chapter, "board" means the prosecutor
	144	+	34 review board established by section 4 of this chapter.
	145	+	35 Sec. 2. As used in this chapter, "categorically refuse to
	146	+	36 prosecute" means a blanket refusal to prosecute a criminal law.
	147	+	37 The term does not include the refusal to prosecute a criminal law
	148	+	38 if:
	149	+	39 (1) the prosecution would violate federal law or an order
	150	+	40 issued by a state or federal court;
	151	+	41 (2) the prosecution would violate the Rules of Professional
	152	+	42 Conduct; or
	153	+	EH 1006—LS 7592/DI 151 4
	154	+	1 (3) the decision not to prosecute the law is based on an
	155	+	2 individual investigation of the facts and circumstances of the
	156	+	3 case.
	157	+	4 Sec. 3. As used in this chapter, "noncompliant prosecuting
	158	+	5 attorney" means a prosecuting attorney who has engaged in a
	159	+	6 pattern of conduct that reflects a refusal to prosecute a criminal
	160	+	7 law enacted by the general assembly.
	161	+	8 Sec. 4. The prosecutor review board is established.
	162	+	9 Sec. 5. (a) The board of directors of the prosecuting attorneys
	163	+	10 council of Indiana shall appoint five (5) members to the board.
	164	+	11 These five (5) members must also be members of the board of
	165	+	12 directors of the prosecuting attorneys council of Indiana. All
	166	+	13 members are appointed as voting members.
	167	+	14 (b) Not more than four (4) members may be from the same
	168	+	15 political party.
	169	+	16 (c) Each member serves a four (4) year term. A member may be
	170	+	17 reappointed to additional terms.
	171	+	18 (d) If a vacancy occurs, the board of directors of the prosecuting
	172	+	19 attorneys council of Indiana shall appoint a member of the board
	173	+	20 of directors to fill the vacancy. An appointment to fill a vacancy
	174	+	21 occurring before the expiration of a term is for the remainder of
	175	+	22 the unexpired term.
	176	+	23 Sec. 6. A member of the board is not entitled to reimbursement
	177	+	24 from the state for traveling expenses or other expenses incurred in
	178	+	25 connection with the member's duties.
	179	+	26 Sec. 7. (a) Three (3) members of the board constitute a quorum.
	180	+	27 (b) The affirmative vote of at least three (3) members of the
	181	+	28 board is required for the board to take any official action.
	182	+	29 (c) The board shall meet at the call of the chair of the board of
	183	+	30 directors of the prosecuting attorneys council of Indiana.
	184	+	31 (d) If any member of the board is the subject of an investigation
	185	+	32 under section 8 of this chapter, the member shall recuse himself or
	186	+	33 herself from the investigation. If the chair of the board of directors
	187	+	34 of the prosecuting attorneys council of Indiana is the subject of an
	188	+	35 investigation under section 8 of this chapter, the board shall meet
	189	+	36 at the call of the vice chair of the board of the prosecuting
	190	+	37 attorneys council of Indiana.
	191	+	38 Sec. 8. (a) Upon receipt of information that a prosecuting
	192	+	39 attorney has made a public declaration to categorically refuse to
	193	+	40 prosecute a criminal law enacted by the general assembly, the
	194	+	41 board shall conduct an investigation limited to a prosecuting
	195	+	42 attorney's pattern of conduct related to the categorical refusal to
	196	+	EH 1006—LS 7592/DI 151 5
	197	+	1 prosecute a criminal law.
	198	+	2 (b) Upon receipt of information that a prosecuting attorney has
	199	+	3 engaged in a pattern of conduct that reflects a refusal to prosecute
	200	+	4 a criminal law enacted by the general assembly, the board may
	201	+	5 conduct an investigation to determine if the prosecuting attorney
	202	+	6 is a noncompliant prosecuting attorney.
	203	+	7 (c) The board shall serve notice of the investigation on the
	204	+	8 alleged noncompliant prosecuting attorney.
	205	+	9 (d) The alleged noncompliant prosecuting attorney may respond
	206	+	10 to the allegations not later than fifteen (15) days after receipt of the
	207	+	11 notice described in subsection (c).
	208	+	12 Sec. 9. If the board determines that a prosecuting attorney is a
	209	+	13 noncompliant prosecuting attorney, the board shall issue a report
	210	+	14 to:
	211	+	15 (1) the prosecuting attorneys council of Indiana; and
	212	+	16 (2) the alleged noncompliant prosecuting attorney.
	213	+	17 Sec. 10. Members of the board have the same investigative
	214	+	18 powers and immunity as provided in the member's normal course
	215	+	19 of business as a prosecuting attorney. Each member is immune
	216	+	20 from all civil liability for acts performed in the course of the
	217	+	21 member's official duties relating to an investigation and report
	218	+	22 under this chapter.
	219	+	23 SECTION 3. IC 33-39-10-2, AS ADDED BY P.L.57-2014,
	220	+	24 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	221	+	25 JULY 1, 2025]: Sec. 2. (a) A person may be appointed as a special
	222	+	26 prosecutor:
	223	+	27 (1) as provided under this section; or
	224	+	28 (2) in accordance with IC 4-2-7-7.
	225	+	29 (b) A circuit court or superior court judge:
	226	+	30 (1) shall appoint a special prosecutor if:
	227	+	31 (A) any person, other than a prosecuting attorney or the
	228	+	32 prosecuting attorney's deputy, files a verified petition
	229	+	33 requesting the appointment of a special prosecutor; and
	230	+	34 (B) the prosecuting attorney agrees that a special prosecutor is
	231	+	35 needed;
	232	+	36 (2) may appoint a special prosecutor if:
	233	+	37 (A) a person files a verified petition requesting the
	234	+	38 appointment of a special prosecutor; and
	235	+	39 (B) the court, after:
	236	+	40 (i) notice is given to the prosecuting attorney; and
	237	+	41 (ii) an evidentiary hearing is conducted at which the
	238	+	42 prosecuting attorney is given an opportunity to be heard;
	239	+	EH 1006—LS 7592/DI 151 6
	240	+	1 finds by clear and convincing evidence that the appointment
	241	+	2 is necessary to avoid an actual conflict of interest or there is
	242	+	3 probable cause to believe that the prosecuting attorney has
	243	+	4 committed a crime;
	244	+	5 (3) may appoint a special prosecutor if:
	245	+	6 (A) the prosecuting attorney files a petition requesting the
	246	+	7 court to appoint a special prosecutor; and
	247	+	8 (B) the court finds that the appointment is necessary to avoid
	248	+	9 the appearance of impropriety;
	249	+	10 (4) may appoint a special prosecutor if:
	250	+	11 (A) an elected public official who is a defendant in a criminal
	251	+	12 proceeding files a verified petition requesting a special
	252	+	13 prosecutor within ten (10) days after the date of the initial
	253	+	14 hearing; and
	254	+	15 (B) the court finds that the appointment of a special prosecutor
	255	+	16 is in the best interests of justice; and
	256	+	17 (5) shall appoint a special prosecutor if:
	257	+	18 (A) a previously appointed special prosecutor:
	258	+	19 (i) files a motion to withdraw as special prosecutor; or
	259	+	20 (ii) has become incapable of continuing to represent the
	260	+	21 interests of the state; and
	261	+	22 (B) the court finds that the facts that established the basis for
	262	+	23 the initial appointment of a special prosecutor still exist.
	263	+	24 The elected prosecuting attorney who serves in the jurisdiction of
	264	+	25 the appointing court shall receive notice of all pleadings filed and
	265	+	26 orders issued under this subdivision.
	266	+	27 (c) A person appointed to serve as a special prosecutor:
	267	+	28 (1) must consent to the appointment; and
	268	+	29 (2) must be:
	269	+	30 (A) the prosecuting attorney or a deputy prosecuting attorney
	270	+	31 in a county other than the county judicial circuit other than
	271	+	32 the judicial circuit in which the person is to serve as special
	272	+	33 prosecutor; or
	273	+	34 (B) a senior prosecuting attorney as described in section 1 of
	274	+	35 this chapter. A senior prosecuting attorney may be appointed
	275	+	36 to serve as a special prosecutor in a county judicial circuit in
	276	+	37 which the senior prosecuting attorney previously served if the
	277	+	38 court finds that the appointment would not create the
	278	+	39 appearance of impropriety.
	279	+	40 (d) A person appointed to serve as a special prosecutor in a county
	280	+	41 judicial circuit has the same powers as the prosecuting attorney of the
	281	+	42 county. judicial circuit. However, the appointing judge shall limit the
	282	+	EH 1006—LS 7592/DI 151 7
	283	+	1 scope of the special prosecutor's duties to include only the investigation
	284	+	2 or prosecution of a particular case or particular grand jury
	285	+	3 investigation.
	286	+	4 (e) Upon making an appointment under this section, the court shall
	287	+	5 establish the length of the special prosecutor's term. At least one (1)
	288	+	6 time every six (6) months throughout the appointed term, a special
	289	+	7 prosecutor shall file a progress report with the appointing court. A
	290	+	8 progress report:
	291	+	9 (1) must inform the court of the:
	292	+	10 (A) status of the investigation; and
	293	+	11 (B) estimated time for completion of the special prosecutor's
	294	+	12 duties; and
	295	+	13 (2) may not:
	296	+	14 (A) include substantive facts or legal issues; or
	297	+	15 (B) offer preliminary conclusions.
	298	+	16 The court may extend the term of appointment upon the request of the
	299	+	17 special prosecutor or terminate any appointment if the special
	300	+	18 prosecutor has failed to file reports or a request for an extended term
	301	+	19 under this subsection.
	302	+	20 (f) If the target of an investigation by the special prosecutor is a
	303	+	21 public servant (as defined in IC 35-31.5-2-261), the court shall order
	304	+	22 the special prosecutor to file a report of the investigation with the court
	305	+	23 at the conclusion of the investigation. A report filed under this
	306	+	24 subsection is a public record under IC 5-14-3.
	307	+	25 (g) If a special prosecutor is not regularly employed as a full-time
	308	+	26 prosecuting attorney or full-time deputy prosecuting attorney, the
	309	+	27 compensation for the special prosecutor's services:
	310	+	28 (1) shall be paid, as incurred, to the special prosecutor following
	311	+	29 an application to the county auditor, from the unappropriated
	312	+	30 funds of the appointing county; and
	313	+	31 (2) may not exceed:
	314	+	32 (A) an hourly rate based upon the regular salary of a full-time
	315	+	33 prosecuting attorney of the appointing circuit;
	316	+	34 (B) travel expenses and reasonable accommodation expenses
	317	+	35 actually incurred; and
	318	+	36 (C) other reasonable expenses actually incurred, including the
	319	+	37 costs of investigation, trial and discovery preparation, and
	320	+	38 other trial expenses.
	321	+	39 The amount of compensation a special prosecutor receives for services
	322	+	40 performed during a calendar day under subdivision (2)(A) may not
	323	+	41 exceed the amount of compensation a full-time prosecuting attorney
	324	+	42 would receive in salary for the calendar day.
	325	+	EH 1006—LS 7592/DI 151 8
	326	+	1 (h) If the special prosecutor is regularly employed as a full-time
	327	+	2 prosecuting attorney or deputy prosecuting attorney, the compensation
	328	+	3 for the special prosecutor's services:
	329	+	4 (1) shall be paid out of the appointing county's unappropriated
	330	+	5 funds to the treasurer of the county in which the special
	331	+	6 prosecutor regularly serves; and
	332	+	7 (2) must include a per diem equal to the regular salary of a
	333	+	8 full-time prosecuting attorney of the appointing circuit, travel
	334	+	9 expenses, and reasonable accommodation expenses actually
	335	+	10 incurred.
	336	+	11 SECTION 4. IC 33-40-5-2, AS AMENDED BY P.L.111-2024,
	337	+	12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	338	+	13 JULY 1, 2025]: Sec. 2. (a) The Indiana commission on court appointed
	339	+	14 attorneys is established.
	340	+	15 (b) Except as provided in subdivision (2), the commission is
	341	+	16 composed of the following eleven (11) members, none of whom may
	342	+	17 be a law enforcement officer, or a judicial officer (including a senior
	343	+	18 judge), a court employee, a city, town, or county attorney, an
	344	+	19 attorney who provides representation to indigent persons, or a
	345	+	20 full-time employee of an executive, legislative, or judicial state
	346	+	21 agency:
	347	+	22 (1) Three (3) members appointed by the governor, with not more
	348	+	23 than two (2) of these individuals belonging to the same political
	349	+	24 party.
	350	+	25 (2) Three (3) members appointed by the chief justice of the
	351	+	26 supreme court, with not more than two (2) of these individuals
	352	+	27 belonging to the same political party, and two (2) of these
	353	+	28 individuals must be trial court judges from counties receiving
	354	+	29 reimbursement of expenditures for noncapital cases under
	355	+	30 IC 33-40-7-11.
	356	+	31 (3) One (1) member appointed by the board of trustees of the
	357	+	32 Indiana criminal justice institute, who is an attorney admitted to
	358	+	33 practice law in Indiana.
	359	+	34 (4) Two (2) members of the house of representatives to be
	360	+	35 appointed by the speaker of the house of representatives. The
	361	+	36 members appointed under this subdivision may not be from the
	362	+	37 same political party.
	363	+	38 (5) Two (2) members of the senate, to be appointed by the
	364	+	39 president pro tempore of the senate. The members appointed
	365	+	40 under this subdivision may not be from the same political party.
	366	+	41 SECTION 5. IC 33-40-5-3.5, AS ADDED BY P.L.42-2024,
	367	+	42 SECTION 156, IS AMENDED TO READ AS FOLLOWS
	368	+	EH 1006—LS 7592/DI 151 9
	369	+	1 [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) A legislative member
	370	+	2 of the commission serves a two (2) year term that expires June 30 of an
	371	+	3 odd-numbered year.
	372	+	4 (b) A member of the commission appointed under section 2(b)(1)
	373	+	5 through 2(b)(3) of this chapter serves a four (4) year an initial term
	374	+	6 that expires June 30, 2025, 2027, and a four (4) year term that
	375	+	7 expires each fourth year thereafter.
	376	+	8 (c) A member of the commission appointed under section 2(b)(2)
	377	+	9 of this chapter serves an initial term that expires June 30, 2029,
	378	+	10 and a four (4) year term that expires each fourth year thereafter.
	379	+	11 (d) A member of the commission appointed under section
	380	+	12 2(b)(3) of this chapter serves an initial term that expires June 30,
	381	+	13 2025, and a four (4) year term that expires each fourth year
	382	+	14 thereafter.
	383	+	15 (c) (e) A member of the commission serves at the pleasure of the
	384	+	16 appointing authority and may be reappointed to successive terms.
	385	+	17 SECTION 6. IC 34-30-2.1-550.4 IS ADDED TO THE INDIANA
	386	+	18 CODE AS A NEW SECTION TO READ AS FOLLOWS
	387	+	19 [EFFECTIVE JULY 1, 2025]: Sec. 550.4. IC 33-39-8.1-10
	388	+	20 (Concerning members of the prosecutor review board).
	389	+	21 SECTION 7. An emergency is declared for this act.
	390	+	EH 1006—LS 7592/DI 151 10
	391	+	COMMITTEE REPORT
	392	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	393	+	which was referred House Bill 1006, has had the same under
	394	+	consideration and begs leave to report the same back to the House with
	395	+	the recommendation that said bill be amended as follows:
	396	+	Page 1, delete lines 1 through 17.
	397	+	Delete pages 2 through 3.
	398	+	Page 4, delete lines 1 through 31.
	399	+	Page 6, line 14, reset in roman "public".
	400	+	Page 6, line 15, reset in roman "defender".
	401	+	Page 6, line 15, delete "council, Indiana commission on court
	402	+	appointed attorneys," and insert "council of Indiana,".
	403	+	Page 6, delete lines 36 through 42.
	404	+	Delete pages 7 through 12.
	405	+	Page 13, delete lines 1 through 30.
	406	+	Page 14, delete lines 32 through 39, begin a new line block indented
	407	+	and insert:
	408	+	"(9) Adopt guidelines and standards for services under which
	409	+	the counties will be eligible for reimbursement under
	410	+	IC 33-39-11, including whether the county has a noncompliant
	411	+	prosecuting attorney under IC 33-39-8.1.".
	412	+	Page 16, delete lines 8 through 16, begin a new paragraph and
	413	+	insert:
	414	+	"(e) In matters in which the special prosecutor unit provides
	415	+	assistance under this chapter, the council may make a claim for
	416	+	expenses incurred with the county in which the matter is
	417	+	prosecuted or the assistance is provided.".
	418	+	Page 16, delete lines 36 through 41, begin a new paragraph and
	419	+	insert:
	420	+	"Sec. 3. As used in this chapter, "noncompliant prosecuting
123	421		attorney" means a prosecuting attorney who has engaged in a
124	422		pattern of conduct that reflects a refusal to prosecute a criminal
125		-	law enacted by the general assembly.
126		-	Sec. 4. The prosecutor review board is established.
127		-	Sec. 5. (a) The board of directors of the prosecuting attorneys
128		-	council of Indiana shall appoint five (5) members to the board.
129		-	These five (5) members must also be members of the board of
130		-	directors of the prosecuting attorneys council of Indiana. All
131		-	members are appointed as voting members.
132		-	(b) Not more than four (4) members may be from the same
133		-	political party.
134		-	(c) Each member serves a four (4) year term. A member may be
135		-	reappointed to additional terms.
136		-	(d) If a vacancy occurs, the board of directors of the prosecuting
137		-	attorneys council of Indiana shall appoint a member of the board
138		-	of directors to fill the vacancy. An appointment to fill a vacancy
139		-	occurring before the expiration of a term is for the remainder of
140		-	the unexpired term.
141		-	Sec. 6. A member of the board is not entitled to reimbursement
142		-	from the state for traveling expenses or other expenses incurred in
143		-	connection with the member's duties.
144		-	Sec. 7. (a) Three (3) members of the board constitute a quorum.
145		-	(b) The affirmative vote of at least three (3) members of the
146		-	board is required for the board to take any official action.
147		-	(c) The board shall meet at the call of the chair of the board of
148		-	directors of the prosecuting attorneys council of Indiana.
149		-	(d) If any member of the board is the subject of an investigation
150		-	under section 8 of this chapter, the member shall recuse himself or
151		-	herself from the investigation. If the chair of the board of directors
152		-	of the prosecuting attorneys council of Indiana is the subject of an
153		-	investigation under section 8 of this chapter, the board shall meet
154		-	at the call of the vice chair of the board of the prosecuting
155		-	attorneys council of Indiana.
156		-	Sec. 8. (a) Upon receipt of information that a prosecuting
	423	+	law enacted by the general assembly.".
	424	+	Page 16, line 42, delete "established as a" and insert "established.".
	425	+	Page 17, delete line 1.
	426	+	Page 17, delete lines 34 through 37, begin a new paragraph and
	427	+	insert:
	428	+	"Sec. 8. (a) Upon receipt of information that a prosecuting
157	429		attorney has made a public declaration to categorically refuse to
158	430		prosecute a criminal law enacted by the general assembly, the
159	431		board shall conduct an investigation limited to a prosecuting
	432	+	EH 1006—LS 7592/DI 151 11
160	433		attorney's pattern of conduct related to the categorical refusal to
161	434		prosecute a criminal law.
162	435		(b) Upon receipt of information that a prosecuting attorney has
163	436		engaged in a pattern of conduct that reflects a refusal to prosecute
164	437		a criminal law enacted by the general assembly, the board may
165		-	HEA 1006 — Concur 5
166	438		conduct an investigation to determine if the prosecuting attorney
167		-	is a noncompliant prosecuting attorney.
168		-	(c) The board shall serve notice of the investigation on the
169		-	alleged noncompliant prosecuting attorney.
170		-	(d) The alleged noncompliant prosecuting attorney may respond
171		-	to the allegations not later than fifteen (15) days after receipt of the
172		-	notice described in subsection (c).
173		-	Sec. 9. If the board determines that a prosecuting attorney is a
174		-	noncompliant prosecuting attorney, the board shall issue a report
175		-	to:
176		-	(1) the prosecuting attorneys council of Indiana; and
177		-	(2) the alleged noncompliant prosecuting attorney.
178		-	Sec. 10. Members of the board have the same investigative
179		-	powers and immunity as provided in the member's normal course
180		-	of business as a prosecuting attorney. Each member is immune
181		-	from all civil liability for acts performed in the course of the
182		-	member's official duties relating to an investigation and report
183		-	under this chapter.
184		-	SECTION 3. IC 33-39-10-2, AS ADDED BY P.L.57-2014,
185		-	SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
186		-	JULY 1, 2025]: Sec. 2. (a) A person may be appointed as a special
187		-	prosecutor:
188		-	(1) as provided under this section; or
189		-	(2) in accordance with IC 4-2-7-7.
190		-	(b) A circuit court or superior court judge:
191		-	(1) shall appoint a special prosecutor if:
192		-	(A) any person, other than a prosecuting attorney or the
193		-	prosecuting attorney's deputy, files a verified petition
194		-	requesting the appointment of a special prosecutor; and
195		-	(B) the prosecuting attorney agrees that a special prosecutor is
196		-	needed;
197		-	(2) may appoint a special prosecutor if:
198		-	(A) a person files a verified petition requesting the
199		-	appointment of a special prosecutor; and
200		-	(B) the court, after:
201		-	(i) notice is given to the prosecuting attorney; and
202		-	(ii) an evidentiary hearing is conducted at which the
203		-	prosecuting attorney is given an opportunity to be heard;
204		-	finds by clear and convincing evidence that the appointment
205		-	is necessary to avoid an actual conflict of interest or there is
206		-	probable cause to believe that the prosecuting attorney has
207		-	committed a crime;
208		-	HEA 1006 — Concur 6
209		-	(3) may appoint a special prosecutor if:
210		-	(A) the prosecuting attorney files a petition requesting the
211		-	court to appoint a special prosecutor; and
212		-	(B) the court finds that the appointment is necessary to avoid
213		-	the appearance of impropriety;
214		-	(4) may appoint a special prosecutor if:
215		-	(A) an elected public official who is a defendant in a criminal
216		-	proceeding files a verified petition requesting a special
217		-	prosecutor within ten (10) days after the date of the initial
218		-	hearing; and
219		-	(B) the court finds that the appointment of a special prosecutor
220		-	is in the best interests of justice; and
221		-	(5) shall appoint a special prosecutor if:
222		-	(A) a previously appointed special prosecutor:
223		-	(i) files a motion to withdraw as special prosecutor; or
224		-	(ii) has become incapable of continuing to represent the
225		-	interests of the state; and
226		-	(B) the court finds that the facts that established the basis for
227		-	the initial appointment of a special prosecutor still exist.
228		-	The elected prosecuting attorney who serves in the jurisdiction of
229		-	the appointing court shall receive notice of all pleadings filed and
230		-	orders issued under this subdivision.
231		-	(c) A person appointed to serve as a special prosecutor:
232		-	(1) must consent to the appointment; and
233		-	(2) must be:
234		-	(A) the prosecuting attorney or a deputy prosecuting attorney
235		-	in a county other than the county judicial circuit other than
236		-	the judicial circuit in which the person is to serve as special
237		-	prosecutor; or
238		-	(B) a senior prosecuting attorney as described in section 1 of
239		-	this chapter. A senior prosecuting attorney may be appointed
240		-	to serve as a special prosecutor in a county judicial circuit in
241		-	which the senior prosecuting attorney previously served if the
242		-	court finds that the appointment would not create the
243		-	appearance of impropriety.
244		-	(d) A person appointed to serve as a special prosecutor in a county
245		-	judicial circuit has the same powers as the prosecuting attorney of the
246		-	county. judicial circuit. However, the appointing judge shall limit the
247		-	scope of the special prosecutor's duties to include only the investigation
248		-	or prosecution of a particular case or particular grand jury
249		-	investigation.
250		-	(e) Upon making an appointment under this section, the court shall
251		-	HEA 1006 — Concur 7
252		-	establish the length of the special prosecutor's term. At least one (1)
253		-	time every six (6) months throughout the appointed term, a special
254		-	prosecutor shall file a progress report with the appointing court. A
255		-	progress report:
256		-	(1) must inform the court of the:
257		-	(A) status of the investigation; and
258		-	(B) estimated time for completion of the special prosecutor's
259		-	duties; and
260		-	(2) may not:
261		-	(A) include substantive facts or legal issues; or
262		-	(B) offer preliminary conclusions.
263		-	The court may extend the term of appointment upon the request of the
264		-	special prosecutor or terminate any appointment if the special
265		-	prosecutor has failed to file reports or a request for an extended term
266		-	under this subsection.
267		-	(f) If the target of an investigation by the special prosecutor is a
268		-	public servant (as defined in IC 35-31.5-2-261), the court shall order
269		-	the special prosecutor to file a report of the investigation with the court
270		-	at the conclusion of the investigation. A report filed under this
271		-	subsection is a public record under IC 5-14-3.
272		-	(g) If a special prosecutor is not regularly employed as a full-time
273		-	prosecuting attorney or full-time deputy prosecuting attorney, the
274		-	compensation for the special prosecutor's services:
275		-	(1) shall be paid, as incurred, to the special prosecutor following
276		-	an application to the county auditor, from the unappropriated
277		-	funds of the appointing county; and
278		-	(2) may not exceed:
279		-	(A) an hourly rate based upon the regular salary of a full-time
280		-	prosecuting attorney of the appointing circuit;
281		-	(B) travel expenses and reasonable accommodation expenses
282		-	actually incurred; and
283		-	(C) other reasonable expenses actually incurred, including the
284		-	costs of investigation, trial and discovery preparation, and
285		-	other trial expenses.
286		-	The amount of compensation a special prosecutor receives for services
287		-	performed during a calendar day under subdivision (2)(A) may not
288		-	exceed the amount of compensation a full-time prosecuting attorney
289		-	would receive in salary for the calendar day.
290		-	(h) If the special prosecutor is regularly employed as a full-time
291		-	prosecuting attorney or deputy prosecuting attorney, the compensation
292		-	for the special prosecutor's services:
293		-	(1) shall be paid out of the appointing county's unappropriated
294		-	HEA 1006 — Concur 8
295		-	funds to the treasurer of the county in which the special
296		-	prosecutor regularly serves; and
297		-	(2) must include a per diem equal to the regular salary of a
298		-	full-time prosecuting attorney of the appointing circuit, travel
299		-	expenses, and reasonable accommodation expenses actually
300		-	incurred.
301		-	SECTION 4. IC 33-40-5-2, AS AMENDED BY P.L.111-2024,
	439	+	is a noncompliant prosecutor.".
	440	+	Page 17, line 38, delete "(b)" and insert "(c)".
	441	+	Page 17, line 40, delete "(c)" and insert "(d)".
	442	+	Page 18, line 7, after "shall" insert "instruct the state comptroller
	443	+	to".
	444	+	Page 18, line 7, after "funding" insert "from the county".
	445	+	Page 21, delete lines 8 through 42, begin a new paragraph and
	446	+	insert:
	447	+	"SECTION 18. IC 33-39-11 IS ADDED TO THE INDIANA CODE
	448	+	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	449	+	JULY 1, 2025]:
	450	+	Chapter 11. Public Prosecution Fund
	451	+	Sec. 1. As used in this chapter, "council" means the prosecuting
	452	+	attorneys council of Indiana established by IC 33-39-8-2.
	453	+	Sec. 2. The public prosecution fund is established to provide
	454	+	county reimbursement of compensation paid to deputy prosecuting
	455	+	attorneys and administrative expenses. The fund shall be
	456	+	administered by the council.
	457	+	Sec. 3. The fund consists of money appropriated to the fund by
	458	+	the general assembly.
	459	+	Sec. 4. The treasurer of state shall invest the money in the fund
	460	+	not currently needed to meet the obligations of the fund in the same
	461	+	manner as other public funds may be invested.
	462	+	Sec. 5. Money in the fund at the end of a state fiscal year does
	463	+	not revert to the state general fund.
	464	+	Sec. 6. (a) A county auditor may submit on a quarterly basis a
	465	+	certified request to the state comptroller for reimbursement from
	466	+	the public prosecution fund for an amount equal to fifty percent
	467	+	(50%) of the county's expenditures for salary paid to a deputy
	468	+	prosecuting attorney, other than a chief deputy prosecuting
	469	+	attorney or an elected prosecuting attorney, if the annual salary of
	470	+	the deputy prosecuting attorney is equal to at least fifty-five
	471	+	percent (55%) of the salary paid to the elected full-time
	472	+	prosecuting attorney.
	473	+	(b) A county auditor may submit on a quarterly basis a certified
	474	+	request to the state comptroller for reimbursement from the public
	475	+	EH 1006—LS 7592/DI 151 12
	476	+	prosecution fund for the county's expenditures for fringe benefits
	477	+	provided to a deputy prosecuting attorney, other than a chief
	478	+	deputy prosecuting attorney or an elected prosecuting attorney, if
	479	+	the annual salary of the deputy prosecuting attorney is equal to at
	480	+	least fifty-five percent (55%) of the salary paid to the elected
	481	+	full-time prosecuting attorney. However, a request for
	482	+	reimbursement for fringe benefits under this subsection may not
	483	+	exceed fifteen thousand one hundred forty dollars ($15,140).
	484	+	Sec. 7. (a) Except as provided in subsection (b), upon receiving
	485	+	certification from a county auditor, the state comptroller shall
	486	+	issue a warrant to the treasurer of state for disbursement to the
	487	+	county of the amount certified.
	488	+	(b) If the state comptroller has received instruction from the
	489	+	council under IC 33-39-8.1-9 to withhold payment from the county
	490	+	because the prosecuting attorney is a noncompliant prosecuting
	491	+	attorney, the state comptroller shall not issue a warrant under
	492	+	subsection (a).
	493	+	SECTION 19. IC 33-40-5-2, AS AMENDED BY P.L.111-2024,
302	494		SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
303	495		JULY 1, 2025]: Sec. 2. (a) The Indiana commission on court appointed
304	496		attorneys is established.
305		-	(b) Except as provided in subdivision (2), the commission is
306		-	composed of the following eleven (11) members, none of whom may
307		-	be a law enforcement officer, or a judicial officer (including a senior
308		-	judge), a court employee, a city, town, or county attorney, an
309		-	attorney who provides representation to indigent persons, or a
310		-	full-time employee of an executive, legislative, or judicial state
311		-	agency:
	497	+	(b) The commission is composed of the following eleven (11)
	498	+	members, none of whom may be a law enforcement officer, or a
	499	+	judicial officer (including a senior judge), a court employee, a city,
	500	+	town, or county attorney, an attorney who provides representation
	501	+	to indigent persons, or a full-time employee of an executive,
	502	+	legislative, or judicial state agency:
312	503		(1) Three (3) members appointed by the governor, with not more
313	504		than two (2) of these individuals belonging to the same political
314	505		party.
315	506		(2) Three (3) members appointed by the chief justice of the
316	507		supreme court, with not more than two (2) of these individuals
317		-	belonging to the same political party, and two (2) of these
318		-	individuals must be trial court judges from counties receiving
319		-	reimbursement of expenditures for noncapital cases under
320		-	IC 33-40-7-11.
	508	+	belonging to the same political party.
321	509		(3) One (1) member appointed by the board of trustees of the
322	510		Indiana criminal justice institute, who is an attorney admitted to
323	511		practice law in Indiana.
324	512		(4) Two (2) members of the house of representatives to be
325	513		appointed by the speaker of the house of representatives. The
326	514		members appointed under this subdivision may not be from the
327	515		same political party.
328	516		(5) Two (2) members of the senate, to be appointed by the
329	517		president pro tempore of the senate. The members appointed
	518	+	EH 1006—LS 7592/DI 151 13
330	519		under this subdivision may not be from the same political party.
331		-	SECTION 5. IC 33-40-5-3.5, AS ADDED BY P.L.42-2024,
	520	+	SECTION 20. IC 33-40-5-3.5, AS ADDED BY P.L.42-2024,
332	521		SECTION 156, IS AMENDED TO READ AS FOLLOWS
333	522		[EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) A legislative member
334	523		of the commission serves a two (2) year term that expires June 30 of an
335	524		odd-numbered year.
336	525		(b) A member of the commission appointed under section 2(b)(1)
337		-	HEA 1006 — Concur 9
338	526		through 2(b)(3) of this chapter serves a four (4) year an initial term
339	527		that expires June 30, 2025, 2027, and a four (4) year term that
340	528		expires each fourth year thereafter.
341	529		(c) A member of the commission appointed under section 2(b)(2)
342	530		of this chapter serves an initial term that expires June 30, 2029,
343	531		and a four (4) year term that expires each fourth year thereafter.
344	532		(d) A member of the commission appointed under section
345	533		2(b)(3) of this chapter serves an initial term that expires June 30,
346	534		2025, and a four (4) year term that expires each fourth year
347	535		thereafter.
348	536		(c) (e) A member of the commission serves at the pleasure of the
349		-	appointing authority and may be reappointed to successive terms.
350		-	SECTION 6. IC 34-30-2.1-550.4 IS ADDED TO THE INDIANA
	537	+	appointing authority and may be reappointed to successive terms.".
	538	+	Delete pages 22 through 23.
	539	+	Page 24, delete lines 1 through 12.
	540	+	Page 25, delete lines 17 through 36, begin a new paragraph and
	541	+	insert:
	542	+	"SECTION 24. An emergency is declared for this act.".
	543	+	Renumber all SECTIONS consecutively.
	544	+	and when so amended that said bill do pass.
	545	+	(Reference is to HB 1006 as introduced.)
	546	+	MCNAMARA
	547	+	Committee Vote: yeas 10, nays 3.
	548	+	EH 1006—LS 7592/DI 151 14
	549	+	COMMITTEE REPORT
	550	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	551	+	referred House Bill 1006, has had the same under consideration and
	552	+	begs leave to report the same back to the House with the
	553	+	recommendation that said bill do pass.
	554	+	(Reference is to HB 1006 as printed February 6, 2025.)
	555	+	THOMPSON
	556	+	Committee Vote: Yeas 13, Nays 6
	557	+	_____
	558	+	COMMITTEE REPORT
	559	+	Mr. President: The Senate Committee on Corrections and Criminal
	560	+	Law, to which was referred House Bill No. 1006, has had the same
	561	+	under consideration and begs leave to report the same back to the
	562	+	Senate with the recommendation that said bill be AMENDED as
	563	+	follows:
	564	+	Page 4, delete lines 8 through 37, begin a new paragraph and insert:
	565	+	"SECTION 3. IC 33-39-8-5, AS AMENDED BY P.L.55-2022,
	566	+	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	567	+	JULY 1, 2025]: Sec. 5. The council shall do the following:
	568	+	(1) Assist in the coordination of the duties of the prosecuting
	569	+	attorneys of the state and their staffs.
	570	+	(2) Prepare manuals of procedure.
	571	+	(3) Give assistance in preparation of the trial briefs, forms, and
	572	+	instructions.
	573	+	(4) Conduct training for prosecuting attorneys and the staff of
	574	+	prosecuting attorneys.
	575	+	(5) Conduct research and studies that would be of interest and
	576	+	value to all prosecuting attorneys and their staffs.
	577	+	(6) Maintain liaison contact with study commissions and agencies
	578	+	of all branches of local, state, and federal government that will be
	579	+	of benefit to law enforcement and the fair administration of
	580	+	justice in Indiana.
	581	+	(7) Adopt guidelines and standards for services under which
	582	+	the counties will be eligible for reimbursement under
	583	+	IC 33-39-11, including whether the county has a noncompliant
	584	+	prosecuting attorney under IC 33-39-8.1.
	585	+	(7) (8) Adopt guidelines for the expenditure of funds derived from
	586	+	a deferral program or a pretrial diversion program.
	587	+	EH 1006—LS 7592/DI 151 15
	588	+	(8) (9) The council shall:
	589	+	(A) compile forfeiture data received under IC 34-24-1-4.5; and
	590	+	(B) annually submit a report to the legislative council
	591	+	containing the compiled data.
	592	+	The council shall submit the report to the legislative council
	593	+	before July 15 of every year. The report must be in an electronic
	594	+	format under IC 5-14-6. The council may adopt rules under
	595	+	IC 4-22-2 to implement this subdivision.".
	596	+	Page 6, line 30, delete "The board consists of five (5) members."
	597	+	and insert "The board of directors of the prosecuting attorneys
	598	+	council of Indiana shall appoint five (5) members to the board.".
	599	+	Page 6, line 32, delete "Indiana who are appointed by the" and insert
	600	+	"Indiana.".
	601	+	Page 6, delete line 33.
	602	+	Page 6, line 34, delete "to serve on the board.".
	603	+	Page 6, line 36, delete "three (3)" and insert "four (4)".
	604	+	Page 6, delete lines 38 through 40, begin a new paragraph and
	605	+	insert:
	606	+	"(c) Each member serves a four (4) year term. A member may
	607	+	be reappointed to additional terms.".
	608	+	Page 7, line 6, delete "duties, but may be entitled to" and insert
	609	+	"duties.".
	610	+	Page 7, delete line 7.
	611	+	Page 7, line 14, delete "themself" and insert "himself or herself".
	612	+	Page 7, line 30, delete "prosecutor." and insert "prosecuting
	613	+	attorney.".
	614	+	Page 7, line 35, delete "subsection (b)." and insert "subsection (c).".
	615	+	Page 8, line 5, delete "an elected prosecutor." and insert "a
	616	+	prosecuting attorney.".
	617	+	Page 11, delete lines 19 through 37, begin a new paragraph and
	618	+	insert:
	619	+	"Sec. 6. (a) A county auditor may submit on a quarterly basis a
	620	+	certified request to the state comptroller for reimbursement from
	621	+	the public prosecution fund for salary paid to a deputy prosecuting
	622	+	attorney, other than a chief deputy prosecuting attorney or an
	623	+	elected prosecuting attorney, if the annual salary of the deputy
	624	+	prosecuting attorney is equal to at least fifty-five percent (55%) of
	625	+	the salary paid to the elected full-time prosecuting attorney. The
	626	+	county auditor may request reimbursement under this subsection
	627	+	in an amount that does not exceed twenty-seven and one-half
	628	+	percent (27.5%) of the salary paid to the elected full-time
	629	+	prosecuting attorney.
	630	+	EH 1006—LS 7592/DI 151 16
	631	+	(b) A county auditor may submit on a quarterly basis a certified
	632	+	request to the state comptroller for reimbursement from the public
	633	+	prosecution fund for the county's expenditures for fringe benefits
	634	+	provided to a deputy prosecuting attorney, other than a chief
	635	+	deputy prosecuting attorney or an elected prosecuting attorney, if
	636	+	the annual salary of the deputy prosecuting attorney is equal to at
	637	+	least fifty-five percent (55%) of the salary paid to the elected
	638	+	full-time prosecuting attorney. However, a request for
	639	+	reimbursement for fringe benefits under this subsection may not
	640	+	exceed fifteen thousand one hundred forty dollars ($15,140).".
	641	+	Page 12, line 9, delete "The" and insert "Except as provided in
	642	+	subdivision (2), the".
	643	+	Page 12, line 20, delete "party." and insert "party, and two (2) of
	644	+	these individuals must be trial court judges from counties receiving
	645	+	reimbursement of expenditures for noncapital cases under
	646	+	IC 33-40-7-11.".
	647	+	Page 12, line 37, after "serves" strike "a".
	648	+	Page 14, between lines 10 and 11, begin a new paragraph and insert:
	649	+	"SECTION 13. IC 34-30-2.1-550.4 IS ADDED TO THE INDIANA
351	650		CODE AS A NEW SECTION TO READ AS FOLLOWS
352	651		[EFFECTIVE JULY 1, 2025]: Sec. 550.4. IC 33-39-8.1-10
353		-	(Concerning members of the prosecutor review board).
354		-	SECTION 7. An emergency is declared for this act.
355		-	HEA 1006 — Concur Speaker of the House of Representatives
356		-	President of the Senate
357		-	President Pro Tempore
358		-	Governor of the State of Indiana
359		-	Date: Time:
360		-	HEA 1006 — Concur
	652	+	(Concerning members of the prosecutor review board).".
	653	+	Renumber all SECTIONS consecutively.
	654	+	and when so amended that said bill do pass and be reassigned to the
	655	+	Senate Committee on Appropriations.
	656	+	(Reference is to HB 1006 as printed February 13, 2025.)
	657	+	FREEMAN, Chairperson
	658	+	Committee Vote: Yeas 5, Nays 3.
	659	+	_____
	660	+	COMMITTEE REPORT
	661	+	Mr. President: The Senate Committee on Appropriations, to which
	662	+	was referred Engrossed House Bill No. 1006, has had the same under
	663	+	consideration and begs leave to report the same back to the Senate with
	664	+	the recommendation that said bill be AMENDED as follows:
	665	+	Page 3, delete lines 29 through 42.
	666	+	Delete pages 4 through 5.
	667	+	Page 6, delete lines 1 through 7.
	668	+	EH 1006—LS 7592/DI 151 17
	669	+	Page 9, line 16, reset in roman "or".
	670	+	Page 9, delete lines 17 through 18.
	671	+	Page 9, line 19, reset in roman "(B)".
	672	+	Page 9, line 19, delete "(C)".
	673	+	Page 10, line 13, after "incurred" delete ":" and insert ",".
	674	+	Page 10, lines 14, delete "(A)".
	675	+	Page 10, line 14, after "prosecutor" delete ";".
	676	+	Page 10, line 14, delete "or".
	677	+	Page 10, delete lines 15 through 16.
	678	+	Run in lines 13 through 17.
	679	+	Page 10, delete lines 41 through 42.
	680	+	Delete page 11.
	681	+	Page 12, delete lines 1 through 3.
	682	+	Page 13, delete lines 10 through 42.
	683	+	Page 14, delete lines 1 through 13.
	684	+	Renumber all SECTIONS consecutively.
	685	+	and when so amended that said bill do pass.
	686	+	(Reference is to EHB 1006 as printed March 28, 2025.)
	687	+	MISHLER, Chairperson
	688	+	Committee Vote: Yeas 10, Nays 3.
	689	+	_____
	690	+	SENATE MOTION
	691	+	Mr. President: I move that Engrossed House Bill 1006 be amended
	692	+	to read as follows:
	693	+	Page 5, line 12, delete "(a)".
	694	+	Page 5, delete lines 17 through 20.
	695	+	(Reference is to EHB 1006 as printed April 4, 2025.)
	696	+	FREEMAN
	697	+	EH 1006—LS 7592/DI 151