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.
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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.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1006
AN ACT to amend the Indiana Code concerning courts and court
officers.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-2-6-24, AS AMENDED BY THE TECHNICAL
CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
Sec. 24. (a) As used in this section, "criminal code reform" refers to
statutory provisions relating to criminal law enacted by P.L.158-2013
and HEA 1006-2014.
(b) (a) The institute shall monitor and evaluate the status of
Indiana's criminal justice system as described in this section.
(c) (b) The institute shall annually gather data and analyze the status
of the criminal justice system in Indiana, including the impact of
current trends on:
(1) local units of government;
(2) the department of correction; and
(3) the office of judicial administration.
(d) (c) The institute shall prepare an annual report, in conjunction
with the justice reinvestment advisory council (established by
IC 33-38-9.5-2), containing the results of its analysis before January 1
of each year. The report shall be provided to the governor, the chief
justice, and the legislative council. The report provided to the
legislative council must be in an electronic format under IC 5-14-6.
(e) (d) The report required under this section must:
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(1) include an analysis of:
(A) county jail populations;
(B) community corrections agencies;
(C) probation departments;
(D) courts;
(E) recidivism rates;
(F) reentry court programs; and
(G) data relevant to the availability and effectiveness of mental
health and addiction programs for persons who are in the
criminal justice system;
(2) track the number of requests for sentence modification that are
set for hearing by the court, including the relief granted by the
court, if any;
(3) track, by age and offense, the number of juveniles under the
jurisdiction of an adult court due to:
(A) lack of jurisdiction under IC 31-30-1-4; or
(B) waiver of jurisdiction under IC 31-30-3-2 through
IC 31-30-3-6;
(4) track the number of juveniles under the jurisdiction of adult
court due to a juvenile court not having jurisdiction of the cases
in accordance with IC 31-30-1-4, by:
(A) age;
(B) sex;
(C) race;
(D) county of prosecution;
(E) offenses charged;
(F) convictions received; and
(G) sentences received; and
(5) track the number of waivers of juvenile court jurisdiction
granted under IC 31-30-3-2 through IC 31-30-3-6 by:
(A) age;
(B) sex;
(C) race;
(D) charges filed in juvenile court in which a waiver was
sought;
(E) charges filed in adult court following the waiver of
juvenile court jurisdiction;
(F) county of prosecution;
(G) convictions received; and
(H) sentences received.
(f) (e) All local units of government and local elected officials,
including sheriffs, prosecuting attorneys, judges, and county fiscal
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bodies, shall cooperate with the institute by providing data as requested
by the institute.
(g) (f) State agencies, including the department of correction, the
Indiana prosecuting attorneys council of Indiana, the Indiana public
defender council of Indiana, the office of judicial administration, and
the division of mental health and addiction, shall assist the institute by
providing requested data in a timely manner.
(h) (g) Based on their analysis, the institute and the justice
reinvestment advisory council shall include recommendations to
improve the criminal justice system in Indiana, with particular
emphasis being placed on recommendations that relate to sentencing
policies and reform.
(i) (h) The institute and the justice reinvestment advisory council
shall include research data relevant to their analysis and
recommendations in the report.
(j) (i) The institute shall:
(1) make the data collected under subsection (e)(4) (d)(4) and
(e)(5) (d)(5) available to the public in an annual report, by fiscal
year, due by October 30 of each year;
(2) post the annual report required by subdivision (1) on the
institute's website; and
(3) provide a copy of the annual report required by subdivision (1)
to the commission on improving the status of children in Indiana
established by IC 2-5-36-3.
SECTION 2. IC 33-39-8.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 8.1. Prosecutor Review Board
Sec. 1. As used in this chapter, "board" means the prosecutor
review board established by section 4 of this chapter.
Sec. 2. As used in this chapter, "categorically refuse to
prosecute" means a blanket refusal to prosecute a criminal law.
The term does not include the refusal to prosecute a criminal law
if:
(1) the prosecution would violate federal law or an order
issued by a state or federal court;
(2) the prosecution would violate the Rules of Professional
Conduct; or
(3) the decision not to prosecute the law is based on an
individual investigation of the facts and circumstances of the
case.
Sec. 3. As used in this chapter, "noncompliant prosecuting
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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.
Sec. 4. The prosecutor review board is established.
Sec. 5. (a) The board of directors of the prosecuting attorneys
council of Indiana shall appoint five (5) members to the board.
These five (5) members must also be members of the board of
directors of the prosecuting attorneys council of Indiana. All
members are appointed as voting members.
(b) Not more than four (4) members may be from the same
political party.
(c) Each member serves a four (4) year term. A member may be
reappointed to additional terms.
(d) If a vacancy occurs, the board of directors of the prosecuting
attorneys council of Indiana shall appoint a member of the board
of directors to fill the vacancy. An appointment to fill a vacancy
occurring before the expiration of a term is for the remainder of
the unexpired term.
Sec. 6. A member of the board is not entitled to reimbursement
from the state for traveling expenses or other expenses incurred in
connection with the member's duties.
Sec. 7. (a) Three (3) members of the board constitute a quorum.
(b) The affirmative vote of at least three (3) members of the
board is required for the board to take any official action.
(c) The board shall meet at the call of the chair of the board of
directors of the prosecuting attorneys council of Indiana.
(d) If any member of the board is the subject of an investigation
under section 8 of this chapter, the member shall recuse himself or
herself from the investigation. If the chair of the board of directors
of the prosecuting attorneys council of Indiana is the subject of an
investigation under section 8 of this chapter, the board shall meet
at the call of the vice chair of the board of the prosecuting
attorneys council of Indiana.
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
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
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conduct an investigation to determine if the prosecuting attorney
is a noncompliant prosecuting attorney.
(c) The board shall serve notice of the investigation on the
alleged noncompliant prosecuting attorney.
(d) The alleged noncompliant prosecuting attorney may respond
to the allegations not later than fifteen (15) days after receipt of the
notice described in subsection (c).
Sec. 9. If the board determines that a prosecuting attorney is a
noncompliant prosecuting attorney, the board shall issue a report
to:
(1) the prosecuting attorneys council of Indiana; and
(2) the alleged noncompliant prosecuting attorney.
Sec. 10. Members of the board have the same investigative
powers and immunity as provided in the member's normal course
of business as a prosecuting attorney. Each member is immune
from all civil liability for acts performed in the course of the
member's official duties relating to an investigation and report
under this chapter.
SECTION 3. IC 33-39-10-2, AS ADDED BY P.L.57-2014,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) A person may be appointed as a special
prosecutor:
(1) as provided under this section; or
(2) in accordance with IC 4-2-7-7.
(b) A circuit court or superior court judge:
(1) shall appoint a special prosecutor if:
(A) any person, other than a prosecuting attorney or the
prosecuting attorney's deputy, files a verified petition
requesting the appointment of a special prosecutor; and
(B) the prosecuting attorney agrees that a special prosecutor is
needed;
(2) may appoint a special prosecutor if:
(A) a person files a verified petition requesting the
appointment of a special prosecutor; and
(B) the court, after:
(i) notice is given to the prosecuting attorney; and
(ii) an evidentiary hearing is conducted at which the
prosecuting attorney is given an opportunity to be heard;
finds by clear and convincing evidence that the appointment
is necessary to avoid an actual conflict of interest or there is
probable cause to believe that the prosecuting attorney has
committed a crime;
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(3) may appoint a special prosecutor if:
(A) the prosecuting attorney files a petition requesting the
court to appoint a special prosecutor; and
(B) the court finds that the appointment is necessary to avoid
the appearance of impropriety;
(4) may appoint a special prosecutor if:
(A) an elected public official who is a defendant in a criminal
proceeding files a verified petition requesting a special
prosecutor within ten (10) days after the date of the initial
hearing; and
(B) the court finds that the appointment of a special prosecutor
is in the best interests of justice; and
(5) shall appoint a special prosecutor if:
(A) a previously appointed special prosecutor:
(i) files a motion to withdraw as special prosecutor; or
(ii) has become incapable of continuing to represent the
interests of the state; and
(B) the court finds that the facts that established the basis for
the initial appointment of a special prosecutor still exist.
The elected prosecuting attorney who serves in the jurisdiction of
the appointing court shall receive notice of all pleadings filed and
orders issued under this subdivision.
(c) A person appointed to serve as a special prosecutor:
(1) must consent to the appointment; and
(2) must be:
(A) the prosecuting attorney or a deputy prosecuting attorney
in a county other than the county judicial circuit other than
the judicial circuit in which the person is to serve as special
prosecutor; or
(B) a senior prosecuting attorney as described in section 1 of
this chapter. A senior prosecuting attorney may be appointed
to serve as a special prosecutor in a county judicial circuit in
which the senior prosecuting attorney previously served if the
court finds that the appointment would not create the
appearance of impropriety.
(d) A person appointed to serve as a special prosecutor in a county
judicial circuit has the same powers as the prosecuting attorney of the
county. judicial circuit. However, the appointing judge shall limit the
scope of the special prosecutor's duties to include only the investigation
or prosecution of a particular case or particular grand jury
investigation.
(e) Upon making an appointment under this section, the court shall
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establish the length of the special prosecutor's term. At least one (1)
time every six (6) months throughout the appointed term, a special
prosecutor shall file a progress report with the appointing court. A
progress report:
(1) must inform the court of the:
(A) status of the investigation; and
(B) estimated time for completion of the special prosecutor's
duties; and
(2) may not:
(A) include substantive facts or legal issues; or
(B) offer preliminary conclusions.
The court may extend the term of appointment upon the request of the
special prosecutor or terminate any appointment if the special
prosecutor has failed to file reports or a request for an extended term
under this subsection.
(f) If the target of an investigation by the special prosecutor is a
public servant (as defined in IC 35-31.5-2-261), the court shall order
the special prosecutor to file a report of the investigation with the court
at the conclusion of the investigation. A report filed under this
subsection is a public record under IC 5-14-3.
(g) If a special prosecutor is not regularly employed as a full-time
prosecuting attorney or full-time deputy prosecuting attorney, the
compensation for the special prosecutor's services:
(1) shall be paid, as incurred, to the special prosecutor following
an application to the county auditor, from the unappropriated
funds of the appointing county; and
(2) may not exceed:
(A) an hourly rate based upon the regular salary of a full-time
prosecuting attorney of the appointing circuit;
(B) travel expenses and reasonable accommodation expenses
actually incurred; and
(C) other reasonable expenses actually incurred, including the
costs of investigation, trial and discovery preparation, and
other trial expenses.
The amount of compensation a special prosecutor receives for services
performed during a calendar day under subdivision (2)(A) may not
exceed the amount of compensation a full-time prosecuting attorney
would receive in salary for the calendar day.
(h) If the special prosecutor is regularly employed as a full-time
prosecuting attorney or deputy prosecuting attorney, the compensation
for the special prosecutor's services:
(1) shall be paid out of the appointing county's unappropriated
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funds to the treasurer of the county in which the special
prosecutor regularly serves; and
(2) must include a per diem equal to the regular salary of a
full-time prosecuting attorney of the appointing circuit, travel
expenses, and reasonable accommodation expenses actually
incurred.
SECTION 4. 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) Except as provided in subdivision (2), 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, 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.
(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
under this subdivision may not be from the same political party.
SECTION 5. 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)
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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.
SECTION 6. 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).
SECTION 7. An emergency is declared for this act.
HEA 1006 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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