Indiana 2025 Regular Session

Indiana House Bill HB1144 Compare Versions

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1+*EH1144.3*
2+Reprinted
3+April 15, 2025
4+ENGROSSED
5+HOUSE BILL No. 1144
6+_____
7+DIGEST OF HB 1144 (Updated April 14, 2025 9:04 pm - DI 92)
8+Citations Affected: IC 31-31; IC 33-33.
9+Synopsis: Courts and court officers. Provides that the judges of the
10+Marion County juvenile courts may not appoint more than 11
11+magistrates. Abolishes certain judgeships. Allows the judges of the
12+Elkhart circuit and superior courts to appoint five full-time magistrates.
13+(Current law allows for the appointment of two magistrates.) Adds two
14+superior courts to Hamilton County. Provides that the first judges of
15+Hamilton superior courts No. 8 and No. 9 shall: (1) be elected at the
16+November 2026 general election; (2) take office January 1, 2027; and
17+(3) serve a term of six years. Allows the judges of the Hamilton circuit
18+and superior courts to jointly appoint two additional magistrates to
19+serve the Hamilton County courts. Allows the judge of the Lawrence
20+County juvenile court to appoint not more than one full-time
21+magistrate. Allows the judges of the Vigo circuit and superior courts to
22+jointly appoint one magistrate to serve the Vigo County courts.
23+Effective: July 1, 2025.
24+Jeter, Pfaff, Wesco, Lopez
25+(SENATE SPONSORS — BROWN L, KOCH, ROGERS, GOODE,
26+RANDOLPH LONNIE M)
27+January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
28+January 21, 2025, reported — Do Pass. Referred to Committee on Ways and Means
29+pursuant to Rule 126.3.
30+February 6, 2025, amended, reported — Do Pass.
31+February 10, 2025, read second time, ordered engrossed.
32+February 11, 2025, engrossed. Read third time, passed. Yeas 91, nays 0.
33+SENATE ACTION
34+March 3, 2025, read first time and referred to Committee on Judiciary.
35+March 27, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
36+Appropriations.
37+April 10, 2025, amended, reported favorably — Do Pass.
38+April 14, 2025, read second time, amended, ordered engrossed.
39+EH 1144—LS 6663/DI 151 Reprinted
40+April 15, 2025
141 First Regular Session of the 124th General Assembly (2025)
242 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
343 Constitution) is being amended, the text of the existing provision will appear in this style type,
444 additions will appear in this style type, and deletions will appear in this style type.
545 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
646 provision adopted), the text of the new provision will appear in this style type. Also, the
747 word NEW will appear in that style type in the introductory clause of each SECTION that adds
848 a new provision to the Indiana Code or the Indiana Constitution.
949 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1050 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1144
12-AN ACT to amend the Indiana Code concerning courts and court
13-officers.
51+ENGROSSED
52+HOUSE BILL No. 1144
53+A BILL FOR AN ACT to amend the Indiana Code concerning
54+courts and court officers and to make an appropriation.
1455 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 31-31-3-2, AS AMENDED BY P.L.113-2014,
16-SECTION 119, IS AMENDED TO READ AS FOLLOWS
17-[EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Except as provided in
18-subsection (b), or (c), or (d) after June 30, 2014, the judge of the
19-juvenile court may appoint not more than one (1) full-time magistrate
20-under IC 33-23-5.
21-(b) The judge of the juvenile court may appoint more than one (1)
22-full-time magistrate only if the appointment of an additional magistrate
23-is expressly authorized by the general assembly.
24-(c) Except as provided in subsection (d), if the judge of the
25-juvenile court appointed one (1) or more full-time magistrates under
26-this section before July 1, 2014, the judge may continue to appoint or
27-reappoint a full-time magistrate to each of those positions after June 30,
28-2014.
29-(d) The judges of the Marion County juvenile courts may
30-appoint not more than eleven (11) full-time magistrates under
56+1 SECTION 1. IC 31-31-3-2, AS AMENDED BY P.L.113-2014,
57+2 SECTION 119, IS AMENDED TO READ AS FOLLOWS
58+3 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Except as provided in
59+4 subsection (b), or (c), or (d) after June 30, 2014, the judge of the
60+5 juvenile court may appoint not more than one (1) full-time magistrate
61+6 under IC 33-23-5.
62+7 (b) The judge of the juvenile court may appoint more than one (1)
63+8 full-time magistrate only if the appointment of an additional magistrate
64+9 is expressly authorized by the general assembly.
65+10 (c) Except as provided in subsection (d), if the judge of the
66+11 juvenile court appointed one (1) or more full-time magistrates under
67+12 this section before July 1, 2014, the judge may continue to appoint or
68+13 reappoint a full-time magistrate to each of those positions after June 30,
69+14 2014.
70+15 (d) The judges of the Marion County juvenile courts may
71+16 appoint not more than eleven (11) full-time magistrates under
72+17 IC 33-23-5.
73+EH 1144—LS 6663/DI 151 2
74+1 SECTION 2. IC 33-33-0.5 IS ADDED TO THE INDIANA CODE
75+2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
76+3 JULY 1, 2025]:
77+4 Chapter 0.5. Transitional Procedures
78+5 Sec. 1. This chapter applies when a circuit or superior court is
79+6 abolished under this article.
80+7 Sec. 2. As used in this chapter, "abolished court" means a court
81+8 abolished under this article.
82+9 Sec. 3. As used in this chapter, "abolition date" means the date
83+10 a court is abolished under this article.
84+11 Sec. 4. As used in this chapter, "court" means a circuit or
85+12 superior court.
86+13 Sec. 5. As used in this chapter, "remaining court" means the one
87+14 (1) or more courts that continue to exist in a judicial circuit after
88+15 the abolition of a court in that judicial circuit under this article.
89+16 Sec. 6. On the abolition date, the following apply:
90+17 (1) The employment of a person employed solely by the
91+18 abolished court is terminated by operation of law. This
92+19 subdivision does not prevent the person from being
93+20 transferred to or employed by another court.
94+21 (2) A person who is jointly employed by two (2) or more
95+22 courts remains an employee of the remaining courts.
96+23 Sec. 7. (a) This section applies if, on the abolition date, there is
97+24 only one (1) remaining court.
98+25 (b) On the abolition date, all agreements and liabilities of the
99+26 abolished court are transferred to the remaining court.
100+27 (c) On the abolition date, all records and property of the
101+28 abolished court, including appropriations and other funds under
102+29 the control or supervision of the court, are transferred to the
103+30 remaining court.
104+31 (d) On the abolition date, any amounts owed to the abolished
105+32 court before the abolition date are considered to be owed to the
106+33 remaining court.
107+34 (e) On and after the abolition date, any reference to the
108+35 abolished court in a statute, rule, or other document is considered
109+36 a reference to the remaining court.
110+37 (f) On the abolition date, all proceedings pending before the
111+38 abolished court are transferred to the remaining court.
112+39 Sec. 8. (a) This section applies if, on the abolition date, there are
113+40 two (2) or more remaining courts.
114+41 (b) On the abolition date, all agreements and liabilities of the
115+42 abolished court are transferred to the remaining courts in a
116+EH 1144—LS 6663/DI 151 3
117+1 manner jointly determined by the remaining courts.
118+2 (c) On the abolition date, all records and property of the
119+3 abolished court, including appropriations and other funds under
120+4 the control or supervision of the court, are transferred to the
121+5 remaining courts in a manner jointly determined by the remaining
122+6 courts.
123+7 (d) On the abolition date, any amounts owed to the abolished
124+8 court before the abolition date are considered to be owed to the
125+9 remaining courts, in a manner jointly determined by the remaining
126+10 courts.
127+11 (e) On and after the abolition date, any reference to the
128+12 abolished court in a statute, rule, or other document is considered
129+13 a reference to a remaining court, as jointly determined by the
130+14 remaining courts.
131+15 (f) On the abolition date, all proceedings pending before the
132+16 abolished court are transferred to the remaining courts in a
133+17 manner jointly determined by the remaining courts.
134+18 SECTION 3. IC 33-33-5-2 IS AMENDED TO READ AS
135+19 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
136+20 established a court of record to be known as the Blackford superior
137+21 court.
138+22 (b) The Blackford superior court is a standard superior court as
139+23 described in IC 33-29-1.
140+24 (c) Blackford County comprises the judicial district of the court.
141+25 (d) The Blackford superior court is abolished on December 31,
142+26 2028.
143+27 (e) This section expires January 1, 2029.
144+28 SECTION 4. IC 33-33-5-3 IS AMENDED TO READ AS
145+29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Blackford
146+30 superior court has one (1) judge who shall hold sessions in the
147+31 Blackford County courthouse in Hartford City or in any other places in
148+32 the county as the Blackford County executive may provide.
149+33 (b) The Blackford superior court is abolished on December 31,
150+34 2028.
151+35 (c) This section expires January 1, 2029.
152+36 SECTION 5. IC 33-33-5-4 IS AMENDED TO READ AS
153+37 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) In addition to a
154+38 bailiff and an official court reporter for the court appointed under
155+39 IC 33-29-1-5, the judge of the Blackford superior court may appoint a
156+40 referee, commissioner, or other personnel as the judge considers
157+41 necessary to facilitate and transact the business of the court. The salary
158+42 of a referee, commissioner, or other person:
159+EH 1144—LS 6663/DI 151 4
160+1 (1) shall be fixed in the same manner as the salaries of the
161+2 personnel for the Blackford circuit court; and
162+3 (2) shall be paid monthly out of the treasury of Blackford County
163+4 as provided by law.
164+5 (b) Personnel appointed under this section and IC 33-29-1-5
165+6 continue in office until removed by the judge of the court.
166+7 (c) The Blackford superior court is abolished on December 31,
167+8 2028.
168+9 (d) This section expires January 1, 2029.
169+10 SECTION 6. IC 33-33-8-2 IS AMENDED TO READ AS
170+11 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
171+12 established a court of record to be known as the Carroll superior court.
172+13 (b) The Carroll superior court is a standard superior court as
173+14 described in IC 33-29-1.
174+15 (c) Carroll County comprises the judicial district of the superior
175+16 court.
176+17 (d) The Carroll superior court is abolished on December 31,
177+18 2026.
178+19 (e) This section expires January 1, 2027.
179+20 SECTION 7. IC 33-33-8-3 IS AMENDED TO READ AS
180+21 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Carroll
181+22 superior court has one (1) judge who shall hold sessions in the Carroll
182+23 County courthouse in Delphi or in other places in the county as the
183+24 Carroll County executive may provide.
184+25 (b) The Carroll superior court is abolished on December 31,
185+26 2026.
186+27 (c) This section expires January 1, 2027.
187+28 SECTION 8. IC 33-33-20-2, AS AMENDED BY P.L.1-2006,
188+29 SECTION 503, IS AMENDED TO READ AS FOLLOWS
189+30 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The judges of the Elkhart
190+31 circuit and superior courts may jointly appoint two four (4) full-time
191+32 magistrates under IC 33-23-5 to serve the circuit and superior courts.
192+33 (b) A magistrate continues in office until removed by the judges of
193+34 the circuit and superior courts.
194+35 SECTION 9. IC 33-33-26-1, AS AMENDED BY P.L.138-2020,
195+36 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
196+37 JULY 1, 2025]: Sec. 1. (a) Gibson County constitutes the sixty-sixth
197+38 judicial circuit.
198+39 (b) Except as provided in subsection (d), the judges of the Gibson
199+40 superior court and Gibson circuit court may appoint one (1) full-time
200+41 magistrate under IC 33-23-5 to serve both courts.
201+42 (c) Except as provided in subsection (d), the magistrate continues
202+EH 1144—LS 6663/DI 151 5
203+1 in office until removed by the judge of the Gibson superior court and
204+2 the judge of the Gibson circuit court.
205+3 (d) Beginning January 1, 2029, the circuit court judge may
206+4 appoint and remove the magistrate.
207+5 SECTION 10. IC 33-33-26-2 IS AMENDED TO READ AS
208+6 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
209+7 established a court of record to be known as the Gibson superior court.
210+8 (b) The Gibson superior court is a standard superior court as
211+9 described in IC 33-29-1.
212+10 (c) Gibson County comprises the judicial district of the court.
213+11 (d) The Gibson superior court is abolished on December 31,
214+12 2028.
215+13 (e) This section expires January 1, 2029.
216+14 SECTION 11. IC 33-33-26-3 IS AMENDED TO READ AS
217+15 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Gibson
218+16 superior court has one (1) judge who shall hold sessions in:
219+17 (1) the Gibson County courthouse in Princeton; or
220+18 (2) other places in the county as the board of county
221+19 commissioners of Gibson County may provide.
222+20 (b) The Gibson superior court is abolished on December 31,
223+21 2028.
224+22 (c) This section expires January 1, 2029.
225+23 SECTION 12. IC 33-33-28-1, AS AMENDED BY P.L.173-2015,
226+24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
227+25 JULY 1, 2025]: Sec. 1. (a) Greene County constitutes the sixty-third
228+26 judicial circuit.
229+27 (b) Except as provided in subsection (d), the judge of the Greene
230+28 circuit court and the judge of the Greene superior court may jointly
231+29 appoint one (1) full-time magistrate under IC 33-23-5 to serve the
232+30 circuit and superior courts.
233+31 (c) Except as provided in subsection (d), the magistrate continues
234+32 in office until jointly removed by the judge of the Greene circuit court
235+33 and the judge of the Greene superior court.
236+34 (d) Beginning January 1, 2027, the circuit court judge may
237+35 appoint and remove the magistrate.
238+36 SECTION 13. IC 33-33-28-2 IS AMENDED TO READ AS
239+37 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
240+38 established a court of record to be known as the Greene superior court.
241+39 (b) The Greene superior court is a standard superior court as
242+40 described in IC 33-29-1.
243+41 (c) Greene County comprises the judicial district of the court.
244+42 (d) The Greene superior court is abolished on December 31,
245+EH 1144—LS 6663/DI 151 6
246+1 2026.
247+2 (e) This section expires January 1, 2027.
248+3 SECTION 14. IC 33-33-28-3 IS AMENDED TO READ AS
249+4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Greene
250+5 superior court has one (1) judge who shall hold sessions in:
251+6 (1) the Greene County courthouse in Bloomfield; or
252+7 (2) other places in the county as the Greene County executive may
253+8 provide.
254+9 (b) The Greene superior court is abolished on December 31,
255+10 2026.
256+11 (c) This section expires January 1, 2027.
257+12 SECTION 15. IC 33-33-29-2, AS AMENDED BY P.L.123-2021,
258+13 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
259+14 JULY 1, 2025]: Sec. 2. (a) There are established seven (7) nine (9)
260+15 superior courts of record to be known as the:
261+16 (1) Hamilton superior court No. 1;
262+17 (2) Hamilton superior court No. 2;
263+18 (3) Hamilton superior court No. 3;
264+19 (4) Hamilton superior court No. 4;
265+20 (5) Hamilton superior court No. 5;
266+21 (6) Hamilton superior court No. 6; and
267+22 (7) Hamilton superior court No. 7;
268+23 (8) Hamilton superior court No. 8; and
269+24 (9) Hamilton superior court No. 9.
270+25 (b) Except as otherwise provided in this chapter, each Hamilton
271+26 superior court is a standard superior court as described in IC 33-29-1.
272+27 (c) Hamilton County constitutes the judicial district of each court.
273+28 SECTION 16. IC 33-33-29-2.3 IS ADDED TO THE INDIANA
274+29 CODE AS A NEW SECTION TO READ AS FOLLOWS
275+30 [EFFECTIVE JULY 1, 2025]: Sec. 2.3. (a) Notwithstanding section
276+31 2 of this chapter, Hamilton superior court No. 8 and Hamilton
277+32 superior court No. 9 are established January 1, 2027.
278+33 (b) The first judge of Hamilton superior court No. 8 and
279+34 Hamilton superior court No. 9 shall:
280+35 (1) be elected at the November 2026 general election;
281+36 (2) take office January 1, 2027; and
282+37 (3) serve a term of six (6) years.
283+38 (c) This section expires January 1, 2033.
284+39 SECTION 17. IC 33-33-29-6, AS AMENDED BY P.L.138-2020,
285+40 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
286+41 JULY 1, 2025]: Sec. 6. (a) The judge of the Hamilton circuit court and
287+42 the judges of the Hamilton superior courts may jointly appoint four (4)
288+EH 1144—LS 6663/DI 151 7
289+1 six (6) full-time magistrates under IC 33-23-5 to serve the circuit and
290+2 superior courts.
291+3 (b) A magistrate continues in office until jointly removed by the
292+4 judge of the Hamilton circuit court and the judges of the Hamilton
293+5 superior courts.
294+6 SECTION 18. IC 33-33-40-1, AS AMENDED BY P.L.138-2020,
295+7 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
296+8 JULY 1, 2025]: Sec. 1. (a) Jennings County constitutes the eighty-sixth
297+9 judicial circuit.
298+10 (b) The Jennings circuit court has a standard small claims and
299+11 misdemeanor division.
300+12 (c) Except as provided in subsection (e), the judge of the Jennings
301+13 circuit court and the judge of the Jennings superior court may jointly
302+14 appoint one (1) full-time magistrate under IC 33-23-5 to serve the
303+15 circuit and superior courts.
304+16 (d) Except as provided in subsection (e), a magistrate continues in
305+17 office until jointly removed by the judge of the Jennings circuit court
306+18 and the judge of the Jennings superior court.
307+19 (e) Beginning January 1, 2027, the circuit court judge may
308+20 appoint and remove the magistrate.
309+21 SECTION 19. IC 33-33-40-2 IS AMENDED TO READ AS
310+22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
311+23 established a court of record to be known as the Jennings superior
312+24 court.
313+25 (b) The Jennings superior court is a standard superior court as
314+26 described in IC 33-29-1.
315+27 (c) Jennings County comprises the judicial district of the court.
316+28 (d) The Jennings superior court is abolished on December 31,
317+29 2026.
318+30 (e) This section expires January 1, 2027.
319+31 SECTION 20. IC 33-33-40-3 IS AMENDED TO READ AS
320+32 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Jennings
321+33 superior court has one (1) judge who shall hold sessions in:
322+34 (1) the Jennings County courthouse in Vernon; or
323+35 (2) another place in the county as the Jennings County executive
324+36 may provide.
325+37 (b) The Jennings superior court is abolished on December 31,
326+38 2026.
327+39 (c) This section expires January 1, 2027.
328+40 SECTION 21. IC 33-33-47-6 IS AMENDED TO READ AS
329+41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) In addition to the
330+42 personnel appointed under IC 33-29-1-5, each judge may appoint
331+EH 1144—LS 6663/DI 151 8
332+1 additional officers and personnel necessary for the proper
333+2 administration of the judge's duties as judge of the Lawrence superior
334+3 court.
335+4 (b) The judge of the Lawrence County juvenile court may
336+5 appoint not more than one (1) full-time magistrate under
337+6 IC 33-23-5.
338+7 SECTION 22. IC 33-33-53-1, AS AMENDED BY P.L.237-2005,
339+8 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
340+9 JULY 1, 2025]: Sec. 1. (a) Monroe County constitutes the tenth judicial
341+10 circuit.
342+11 (b) There are nine (9) judges of the Monroe circuit court. This
343+12 subsection expires December 31, 2026.
344+13 (c) Except as provided in subsection (e), one (1) judgeship in
345+14 Monroe County is abolished on December 31, 2026, as follows:
346+15 (1) If one (1) judge has been appointed to fill a vacancy for a
347+16 term that expires on December 31, 2026, the judgeship held by
348+17 that judge is abolished.
349+18 (2) If more than one (1) judge has been appointed to fill more
350+19 than one (1) vacancy for a term that expires on December 31,
351+20 2026, the judgeship held by the most recently appointed judge
352+21 is abolished.
353+22 (3) If no judge has been appointed to fill a vacancy for a term
354+23 that expires on December 31, 2026, the judgeship held by the
355+24 judge who received the fewest number of votes during the
356+25 general election held in 2020 is abolished.
357+26 (d) Beginning January 1, 2027, there are eight (8) judges of the
358+27 Monroe circuit court.
359+28 (e) The legislative body of the county may choose to abolish a
360+29 different judgeship than prescribed by subsection (c) by adopting
361+30 a resolution before January 1, 2026, designating which judgeship
362+31 held by which judge will be abolished. The legislative body may
363+32 only designate a judgeship held by a judge whose term expires on
364+33 December 31, 2026. If the legislative body adopts a resolution as
365+34 described in this subsection, the judgeship held by the judge named
366+35 in the resolution is abolished on December 31, 2026.
367+36 SECTION 23. IC 33-33-56-2 IS AMENDED TO READ AS
368+37 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
369+38 established a court of record to be known as the Newton superior court.
370+39 (b) The Newton superior court is a standard superior court as
371+40 described in IC 33-29-1.
372+41 (c) Newton County comprises the judicial district of the court.
373+42 (d) The Newton superior court is abolished on December 31,
374+EH 1144—LS 6663/DI 151 9
375+1 2030.
376+2 (e) This section expires January 1, 2031.
377+3 SECTION 24. IC 33-33-56-3, AS AMENDED BY P.L.201-2011,
378+4 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
379+5 JULY 1, 2025]: Sec. 3. (a) The Newton superior court has one (1)
380+6 judge.
381+7 (b) This section expires January 1, 2031.
382+8 SECTION 25. IC 33-33-56-4 IS AMENDED TO READ AS
383+9 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The Newton
384+10 superior court shall hold its sessions in:
385+11 (1) the Newton County courthouse in Kentland; or
386+12 (2) other places in the county as the board of county
387+13 commissioners of Newton County may provide.
388+14 (b) This section expires January 1, 2031.
389+15 SECTION 26. IC 33-33-60-2, AS ADDED BY P.L.83-2013,
390+16 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
391+17 JULY 1, 2025]: Sec. 2. (a) The Owen circuit court is a court of general
392+18 jurisdiction with two (2) judges. The divisions of the circuit court shall
393+19 be known as Owen circuit court No. 1 and Owen circuit court No. 2.
394+20 Owen County constitutes the judicial district of the circuit court and
395+21 each of the court's divisions. The circuit court shall maintain the
396+22 following dockets:
397+23 (1) A small claims and misdemeanor division under IC 33-28-3
398+24 that has a:
399+25 (A) small claims docket; and
400+26 (B) minor offenses and violations docket.
401+27 (2) Criminal.
402+28 (3) Juvenile.
403+29 (4) Civil.
404+30 (5) Probate.
405+31 (b) The assignment of judges of the circuit court to the dockets
406+32 specified in subsection (a) must be by rule of the circuit court.
407+33 (c) The Owen circuit court No. 2 is abolished December 31,
408+34 2026.
409+35 (d) This section expires January 1, 2027.
410+36 SECTION 27. IC 33-33-60-2.1 IS ADDED TO THE INDIANA
411+37 CODE AS A NEW SECTION TO READ AS FOLLOWS
412+38 [EFFECTIVE JULY 1, 2025]: Sec. 2.1. (a) This section is effective
413+39 January 1, 2027.
414+40 (b) The Owen circuit court is a court of general jurisdiction.
415+41 Owen County constitutes the judicial district of the circuit court
416+42 and each of the court's divisions. The circuit court shall maintain
417+EH 1144—LS 6663/DI 151 10
418+1 the following dockets:
419+2 (1) A small claims and misdemeanor division under
420+3 IC 33-28-3 that has a:
421+4 (A) small claims docket; and
422+5 (B) minor offenses and violations docket.
423+6 (2) Criminal.
424+7 (3) Juvenile.
425+8 (4) Civil.
426+9 (5) Probate.
427+10 SECTION 28. IC 33-33-60-3, AS ADDED BY P.L.83-2013,
428+11 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
429+12 JULY 1, 2025]: Sec. 3. (a) The judges of the Owen circuit court shall
430+13 select from among themselves a presiding judge of the circuit court.
431+14 (b) This section expires January 1, 2027.
432+15 SECTION 29. IC 33-33-60-4, AS ADDED BY P.L.83-2013,
433+16 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
434+17 JULY 1, 2025]: Sec. 4. (a) When any action of the entire Owen circuit
435+18 court is required, the judges of the circuit court shall act in concert. If
436+19 the judges are evenly divided, the decision joined by the presiding
437+20 judge controls.
438+21 (b) This section expires January 1, 2027.
439+22 SECTION 30. IC 33-33-60-5, AS ADDED BY P.L.83-2013,
440+23 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
441+24 JULY 1, 2025]: Sec. 5. (a) In accordance with rules adopted by the
442+25 judges of the Owen circuit court under section 6 of this chapter, the
443+26 presiding judge shall do the following:
444+27 (1) Ensure that the circuit court operates efficiently and judicially.
445+28 (2) Annually submit to the fiscal body of Owen County a budget
446+29 for the circuit court, including amounts necessary for the
447+30 following:
448+31 (A) The operation of the circuit's probation department.
449+32 (B) The defense of indigents.
450+33 (C) Maintaining an adequate legal research facility.
451+34 (3) Make the appointments or selections required of a circuit or
452+35 superior court judge.
453+36 (b) This section expires January 1, 2027.
454+37 SECTION 31. IC 33-33-60-5.1 IS ADDED TO THE INDIANA
455+38 CODE AS A NEW SECTION TO READ AS FOLLOWS
456+39 [EFFECTIVE JULY 1, 2025]: Sec. 5.1. Beginning January 1, 2027,
457+40 the circuit court judge shall do the following:
458+41 (1) Ensure that the circuit court operates efficiently and
459+42 judicially.
460+EH 1144—LS 6663/DI 151 11
461+1 (2) Annually submit to the fiscal body of Owen County a
462+2 budget for the circuit court, including amounts necessary for
463+3 the following:
464+4 (A) The operation of the circuit's probation department.
465+5 (B) The defense of indigents.
466+6 (C) Maintaining an adequate legal research facility.
467+7 (3) Make the appointments or selections required of a circuit
468+8 or superior court judge.
469+9 SECTION 32. IC 33-33-60-6, AS AMENDED BY P.L.161-2018,
470+10 SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
471+11 JULY 1, 2025]: Sec. 6. (a) The judges of the Owen circuit court shall
472+12 adopt rules to provide for the administration of the circuit court,
473+13 including rules governing the following:
474+14 (1) Allocation of case load.
475+15 (2) Legal representation for indigents.
476+16 (3) Budgetary matters of the circuit court.
477+17 (4) Operation of the probation department.
478+18 (5) Term of administration of the presiding judge.
479+19 (6) Employment and management of circuit court personnel.
480+20 (7) Cooperative efforts with other courts for establishing and
481+21 administering shared programs and facilities.
482+22 (b) The Owen circuit court shall file with the office of judicial
483+23 administration a copy of the rules adopted under this section.
484+24 (c) This section expires January 1, 2027.
485+25 SECTION 33. IC 33-33-60-6.1 IS ADDED TO THE INDIANA
486+26 CODE AS A NEW SECTION TO READ AS FOLLOWS
487+27 [EFFECTIVE JULY 1, 2025]: Sec. 6.1. (a) This section is effective
488+28 January 1, 2027.
489+29 (b) The circuit court judge shall adopt rules to provide for the
490+30 administration of the circuit court, including rules governing the
491+31 following:
492+32 (1) Legal representation for indigents.
493+33 (2) Budgetary matters of the circuit court.
494+34 (3) Operation of the probation department.
495+35 (4) Employment and management of circuit court personnel.
496+36 (5) Cooperative efforts with other courts for establishing and
497+37 administering shared programs and facilities.
498+38 (c) The Owen circuit court shall file with the office of judicial
499+39 administration a copy of the rules adopted under this section.
500+40 SECTION 34. IC 33-33-60-7, AS ADDED BY P.L.83-2013,
501+41 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
502+42 JULY 1, 2025]: Sec. 7. (a) Each judge of the Owen circuit court may,
503+EH 1144—LS 6663/DI 151 12
504+1 subject to the budget approved for the court by the fiscal body of Owen
505+2 County, employ personnel necessary for the proper administration of
506+3 the judge's docket.
507+4 (b) Personnel employed under this section:
508+5 (1) include court reporters, bailiffs, clerical staff, and any
509+6 additional officers necessary for the proper administration of the
510+7 circuit court; and
511+8 (2) are subject to the rules concerning employment and
512+9 management of circuit court personnel adopted by the Owen
513+10 circuit court under section 6 of this chapter.
514+11 (c) This section expires January 1, 2027.
515+12 SECTION 35. IC 33-33-60-7.1 IS ADDED TO THE INDIANA
516+13 CODE AS A NEW SECTION TO READ AS FOLLOWS
517+14 [EFFECTIVE JULY 1, 2025]: Sec. 7.1. (a) This section is effective
518+15 January 1, 2027.
519+16 (b) The judge of the Owen circuit court may, subject to the
520+17 budget approved for the court by the fiscal body of Owen County,
521+18 employ personnel necessary for the proper administration of the
522+19 judge's docket.
523+20 (c) Personnel employed under this section:
524+21 (1) include court reporters, bailiffs, clerical staff, and any
525+22 additional officers necessary for the proper administration of
526+23 the circuit court; and
527+24 (2) are subject to the rules concerning employment and
528+25 management of circuit court personnel adopted by the Owen
529+26 circuit court under section 6.1 of this chapter.
530+27 SECTION 36. IC 33-33-66-2 IS AMENDED TO READ AS
531+28 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
532+29 established a court of record to be known as the Pulaski superior court.
533+30 (b) The Pulaski superior court is a standard superior court as
534+31 described in IC 33-29-1.
535+32 (c) Pulaski County comprises the judicial district of the court.
536+33 (d) The Pulaski superior court is abolished on December 31,
537+34 2030.
538+35 (e) This section expires January 1, 2031.
539+36 SECTION 37. IC 33-33-66-3 IS AMENDED TO READ AS
540+37 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The court has one
541+38 (1) judge who shall hold sessions in:
542+39 (1) the Pulaski County courthouse in Winamac; or
543+40 (2) other places in the county that the Pulaski County executive
544+41 provides.
545+42 (b) This section expires January 1, 2031.
546+EH 1144—LS 6663/DI 151 13
547+1 SECTION 38. IC 33-33-70-2 IS AMENDED TO READ AS
548+2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
549+3 established a court of record to be known as the Rush superior court.
550+4 (b) The Rush superior court is a standard superior court as described
551+5 in IC 33-29-1.
552+6 (c) Rush County comprises the judicial district of the court.
553+7 (d) The Rush superior court is abolished on December 31, 2026.
554+8 (e) This section expires January 1, 2027.
555+9 SECTION 39. IC 33-33-70-3 IS AMENDED TO READ AS
556+10 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Rush
557+11 superior court has one (1) judge who shall hold sessions in:
558+12 (1) the Rush County courthouse in Rushville; or
559+13 (2) other places in the county that the Rush county executive
560+14 provides.
561+15 (b) This section expires January 1, 2027.
562+16 SECTION 40. IC 33-33-72-1, AS AMENDED BY P.L.156-2018,
563+17 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
564+18 JULY 1, 2025]: Sec. 1. (a) Scott County constitutes the sixth judicial
565+19 circuit.
566+20 (b) The judges of the Scott circuit court and Scott superior court
567+21 may jointly appoint one (1) full-time magistrate under IC 33-23-5 to
568+22 serve the circuit and superior courts.
569+23 (c) The magistrate continues in office until removed by the judges
570+24 of the Scott circuit and superior courts.
571+25 (d) This section expires January 1, 2029.
572+26 SECTION 41. IC 33-33-72-1.1 IS ADDED TO THE INDIANA
573+27 CODE AS A NEW SECTION TO READ AS FOLLOWS
574+28 [EFFECTIVE JULY 1, 2025]: Sec. 1.1. (a) This section is effective
575+29 January 1, 2029.
576+30 (b) Scott County constitutes the sixth judicial circuit.
577+31 (c) The judge of the Scott circuit court may appoint one (1)
578+32 full-time magistrate under IC 33-23-5 to serve the circuit court.
579+33 (d) The magistrate continues in office until removed by the
580+34 judge of the Scott circuit court.
581+35 SECTION 42. IC 33-33-72-2 IS AMENDED TO READ AS
582+36 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
583+37 established a court of record to be known as the Scott superior court.
584+38 (b) The Scott superior court is a standard superior court as described
585+39 in IC 33-29-1.
586+40 (c) Scott County comprises the judicial district of the court.
587+41 (d) The Scott superior court is abolished on December 31, 2028.
588+42 (e) This section expires January 1, 2029.
589+EH 1144—LS 6663/DI 151 14
590+1 SECTION 43. IC 33-33-72-3 IS AMENDED TO READ AS
591+2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Scott
592+3 superior court has one (1) judge who shall hold sessions in Scottsburg.
593+4 (b) This section expires January 1, 2029.
594+5 SECTION 44. IC 33-33-84-22 IS ADDED TO THE INDIANA
595+6 CODE AS A NEW SECTION TO READ AS FOLLOWS
596+7 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The judges of the Vigo
597+8 circuit and superior courts may jointly appoint one (1) full-time
598+9 magistrate under IC 33-23-5 to serve the circuit and superior
599+10 courts.
600+11 (b) The magistrate continues in office until removed by the
601+12 judges of the Vigo circuit and superior courts.
602+EH 1144—LS 6663/DI 151 15
603+COMMITTEE REPORT
604+Mr. Speaker: Your Committee on Courts and Criminal Code, to
605+which was referred House Bill 1144, has had the same under
606+consideration and begs leave to report the same back to the House with
607+the recommendation that said bill do pass.
608+(Reference is to HB 1144 as introduced.)
609+MCNAMARA
610+Committee Vote: Yeas 13, Nays 0
611+_____
612+COMMITTEE REPORT
613+Mr. Speaker: Your Committee on Ways and Means, to which was
614+referred House Bill 1144, has had the same under consideration and
615+begs leave to report the same back to the House with the
616+recommendation that said bill be amended as follows:
617+Page 1, between the enacting clause and line 1, begin a new
618+paragraph and insert:
619+"SECTION 1. IC 33-33-20-2, AS AMENDED BY P.L.1-2006,
620+SECTION 503, IS AMENDED TO READ AS FOLLOWS
621+[EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The judges of the Elkhart
622+circuit and superior courts may jointly appoint two five (5) full-time
623+magistrates under IC 33-23-5 to serve the circuit and superior courts.
624+(b) A magistrate continues in office until removed by the judges of
625+the circuit and superior courts.".
626+Page 2, after line 19, begin a new paragraph and insert:
627+"SECTION 5. IC 33-33-84-22 IS ADDED TO THE INDIANA
628+CODE AS A NEW SECTION TO READ AS FOLLOWS
629+[EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The judges of the Vigo
630+circuit and superior courts may jointly appoint one (1) full-time
631+magistrate under IC 33-23-5 to serve the circuit and superior
632+courts.
633+(b) The magistrate continues in office until removed by the
634+judges of the Vigo circuit and superior courts.".
635+Renumber all SECTIONS consecutively.
636+and when so amended that said bill do pass.
637+(Reference is to HB 1144 as printed January 21, 2025.)
638+THOMPSON
639+EH 1144—LS 6663/DI 151 16
640+Committee Vote: yeas 22, nays 0.
641+_____
642+COMMITTEE REPORT
643+Mr. President: The Senate Committee on Judiciary, to which was
644+referred House Bill No. 1144, has had the same under consideration
645+and begs leave to report the same back to the Senate with the
646+recommendation that said bill be AMENDED as follows:
647+Delete the title and insert the following:
648+A BILL FOR AN ACT to amend the Indiana Code concerning
649+courts and court officers and to make an appropriation.
650+Page 1, between the enacting clause and line 1, begin a new
651+paragraph and insert:
652+"SECTION 1. IC 4-12-16.2-5, AS ADDED BY P.L.201-2023,
653+SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
654+JULY 1, 2025]: Sec. 5. The following accounts are established within
655+the fund:
656+(1) The state unrestricted opioid settlement account. The account
657+consists of money distributed to the account under
658+IC 4-6-15-4(a)(1) and any interest earnings that accrue to the fund
659+under section 7 of this chapter. Expenditures from the account
660+may be made only after appropriation of the money in the account
661+by the general assembly. Money in the account must be used by
662+the state for oversight and administration of programs for
663+treatment, education, recovery, and prevention of opioid use
664+disorder and any co-occurring substance use disorders or mental
665+health issues. Money in the account may be used for the
666+funding of family recovery courts under IC 33-23-16.5.
667+(2) The state abatement opioid settlement account. The account
668+consists of money distributed to the account under
669+IC 4-6-15-4(a)(3) and the balance of any opioid litigation
670+settlements remaining prior to the passage of P.L.72-2022. Money
671+in the account is continuously appropriated to the office of the
672+secretary of family and social services for treatment, education,
673+recovery, and prevention programs for opioid use disorder and
674+any co-occurring substance use disorder or mental health issues
675+as defined or required by the settlement documents or court order.
676+Before the funds received under this subdivision may be
677+distributed, the office of the secretary of family and social
678+services shall submit a distribution plan to the budget committee
679+EH 1144—LS 6663/DI 151 17
680+for review.
681+SECTION 2. IC 33-23-16.5 IS ADDED TO THE INDIANA CODE
682+AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
683+JULY 1, 2025]:
684+Chapter 16.5. Family Recovery Court Fund
685+Sec. 1. As used in this chapter, "family recovery court" means
686+a court that:
687+(1) targets cases of abuse or neglect wherein a parent or
688+primary caregiver suffers from a substance use disorder or
689+co-occurring disorders; and
690+(2) is certified as a problem solving court under
691+IC 33-23-16-17 by the office of judicial administration.
692+Sec. 2. The family recovery court fund is established to carry
693+out the purpose of funding family recovery courts.
694+Sec. 3. The office of judicial administration shall administer the
695+fund.
696+Sec. 4. The expenses of administering the fund shall be paid
697+from money in the fund.
698+Sec. 5. The fund consists of the following:
699+(1) Money appropriated by the general assembly from the
700+state unrestricted opioid settlement account established under
701+IC 4-12-16.2-5(1).
702+(2) Donations, gifts, and money received from any other
703+source, including transfers from other funds or accounts.
704+Sec. 6. Money in the fund is continuously appropriated for the
705+purpose of the fund.
706+Sec. 7. The treasurer of state shall invest the money in the fund
707+not currently needed to meet the obligations of the fund in the same
708+manner as other public money may be invested. Interest that
709+accrues from the investments shall be deposited in the fund.
710+Sec. 8. Money in the fund at the end of a state fiscal year does
711+not revert to the state general fund.
712+SECTION 3. IC 33-28-1-2, AS AMENDED BY P.L.195-2019,
713+SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
714+JULY 1, 2025]: Sec. 2. (a) All circuit courts have:
715+(1) original and concurrent jurisdiction in all civil cases and in all
716+criminal cases;
717+(2) original and concurrent jurisdiction with the superior courts in
718+all user fee cases;
719+(3) de novo appellate jurisdiction of appeals from city and town
720+courts; and
721+(4) in Marion County, de novo appellate jurisdiction of appeals
722+EH 1144—LS 6663/DI 151 18
723+from township small claims courts established under IC 33-34 but
724+not jurisdiction over a case that must originate in the Marion
725+County small claims court under IC 33-34-3-3.
726+(b) The circuit court also has the appellate jurisdiction that may be
727+conferred by law upon it.
728+SECTION 4. IC 33-29-1-1.5, AS AMENDED BY P.L.195-2019,
729+SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
730+JULY 1, 2025]: Sec. 1.5. All standard superior courts have:
731+(1) original and concurrent jurisdiction in all civil cases and in all
732+criminal cases;
733+(2) original and concurrent jurisdiction with the circuit courts in
734+all user fee cases;
735+(3) de novo appellate jurisdiction of appeals from city and town
736+courts; and
737+(4) in Marion County, de novo appellate jurisdiction of appeals
738+from township small claims courts established under IC 33-34 but
739+not jurisdiction over a case that must originate in the Marion
740+County small claims court under IC 33-34-3-3.
741+SECTION 5. IC 33-29-1.5-2, AS AMENDED BY P.L.195-2019,
742+SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
743+JULY 1, 2025]: Sec. 2. All superior courts have:
744+(1) original and concurrent jurisdiction in all civil cases and in all
745+criminal cases;
746+(2) original and concurrent jurisdiction with the circuit courts in
747+all user fee cases;
748+(3) de novo appellate jurisdiction of appeals from city and town
749+courts; and
750+(4) in Marion County, de novo appellate jurisdiction of appeals
751+from township small claims courts established under IC 33-34 but
752+not jurisdiction over a case that must originate in the Marion
753+County small claims court under IC 33-34-3-3.
754+SECTION 6. IC 33-31-1-9, AS AMENDED BY P.L.201-2011,
755+SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
756+JULY 1, 2025]: Sec. 9. All probate courts have:
757+(1) original and concurrent jurisdiction in all civil cases and in all
758+criminal cases;
759+(2) de novo appellate jurisdiction of appeals from city and town
760+courts; and
761+(3) in Marion County, de novo appellate jurisdiction of appeals
762+from township small claims courts established under IC 33-34 but
763+not jurisdiction over a case that must originate in the Marion
764+County small claims court under IC 33-34-3-3.
765+EH 1144—LS 6663/DI 151 19
766+SECTION 5. IC 33-33-18-9 IS ADDED TO THE INDIANA CODE
767+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
768+1, 2025]: Sec. 9. (a) The judges of the Delaware circuit court may
769+jointly appoint one (1) full-time magistrate under IC 33-23-5 to
770+serve the circuit court.
771+(b) A magistrate continues in office until removed by the judges
772+of the Delaware circuit court.".
773+Page 2, between lines 26 and 27, begin a new paragraph and insert:
774+"SECTION 10. IC 33-33-47-6 IS AMENDED TO READ AS
775+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) In addition to the
776+personnel appointed under IC 33-29-1-5, each judge may appoint
777+additional officers and personnel necessary for the proper
778+administration of the judge's duties as judge of the Lawrence superior
779+court.
780+(b) The judge of the Lawrence County juvenile court may
781+appoint not more than one (1) full-time magistrate under
31782 IC 33-23-5.
32-SECTION 2. IC 33-33-0.5 IS ADDED TO THE INDIANA CODE
783+SECTION 11. IC 33-33-76-1 IS AMENDED TO READ AS
784+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Steuben County
785+constitutes the eighty-fifth judicial circuit.
786+(b) The judges of the Steuben circuit and superior courts may jointly
787+appoint one (1) full-time magistrate under IC 33-23-5 to serve the
788+circuit and superior courts.
789+(c) The magistrate continues in office until removed by the judges
790+of the Steuben circuit and superior courts.
791+SECTION 12. IC 33-33-76-2 IS AMENDED TO READ AS
792+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is are
793+established a court two (2) courts of record to be known as the Steuben
794+superior court No. 1 and Steuben superior court No. 2.
795+(b) The Steuben superior court is a courts are standard superior
796+court courts as described in IC 33-29-1.
797+(c) Steuben County comprises the judicial district of the each
798+superior court.
799+SECTION 13. IC 33-33-76-3 IS AMENDED TO READ AS
800+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. The Each Steuben
801+superior court has one (1) judge who shall hold sessions in:
802+(1) the Steuben County courthouse in Angola; or
803+(2) other places in the county that the Steuben County executive
804+may provide.".
805+Page 2, after line 34, begin a new paragraph and insert:
806+"SECTION 15. IC 33-34-3-1 IS AMENDED TO READ AS
807+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except for a
808+EH 1144—LS 6663/DI 151 20
809+claim between landlord and tenant, a case within the jurisdiction of a
810+small claims court may be:
811+(1) venued;
812+(2) commenced; and
813+(3) decided;
814+in any township small claims court within the county. However, upon
815+a motion for change of venue filed by the defendant within ten (10)
816+days of service of the summons, the township small claims court shall
817+determine in accordance with subsection (b) whether required venue
818+lies with the court or with another small claims court in the county in
819+which the small claims court action was filed.
820+(b) The venue determination to be made under subsection (a) must
821+be made in the following order:
822+(1) In an action upon a debt or account, venue is in the township
823+where any defendant has consented to venue in a writing signed
824+by the defendant.
825+(2) Venue is in the township where a transaction or occurrence
826+giving rise to any part of the claim took place.
827+(3) Venue is in the township (in a county of the small claims
828+court) where the greater percentage of individual defendants
829+included in the complaint resides, or, if there is not a greater
830+percentage, the place where any individual named as a defendant:
831+(A) resides;
832+(B) owns real estate; or
833+(C) rents an apartment or real estate or where the principal
834+office or place of business of any defendant is located.
835+(4) Venue is in the township where the claim was filed if there is
836+no other township in the county in which the small claims court
837+sits in which required venue lies.
838+(c) Venue of any claim between landlord and tenant must be in the
839+township where the real estate is located or in a contiguous township.
840+(d) If a written motion challenging venue is received by the small
841+claims court, the court shall rule whether required venue lies in the
842+township of filing.
843+SECTION 16. IC 33-34-3-3, AS AMENDED BY P.L.125-2021,
844+SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
845+JULY 1, 2025]: Sec. 3. The court has original and concurrent
846+jurisdiction with the circuit and superior courts in possessory actions
847+between landlord and tenant in which the past due rent at the time of
848+filing does not exceed ten thousand dollars ($10,000). The court also
849+has original and concurrent jurisdiction with the circuit and superior
850+courts in actions for the possession of property where the value of the
851+EH 1144—LS 6663/DI 151 21
852+property sought to be recovered does not exceed ten thousand dollars
853+($10,000). These jurisdictional limitations are not affected by interest
854+and attorney's fees.
855+SECTION 17. IC 33-34-8-1, AS AMENDED BY P.L.178-2022(ts),
856+SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
857+JULY 1, 2025]: Sec. 1. (a) The following fees and costs apply to cases
858+in the small claims court:
859+(1) A township docket fee of five dollars ($5) plus forty-five
860+percent (45%) of the infraction or ordinance violation costs fee
861+under IC 33-37-4-2.
862+(2) The bailiff's service of process by registered or certified mail
863+fee of fifteen dollars ($15) for each service.
864+(3) The cost for the personal service of process by the bailiff or
865+other process server of fifteen dollars ($15) for each service.
866+(4) Witness fees, if any, in the amount provided by IC 33-37-10-3
867+to be taxed and charged in the circuit court.
868+(5) A redocketing fee, if any, of five dollars ($5).
869+(6) A document storage fee under IC 33-37-5-20.
870+(7) An automated record keeping fee under IC 33-37-5-21.
871+(8) A late fee, if any, under IC 33-37-5-22.
872+(9) A public defense administration fee under IC 33-37-5-21.2.
873+(10) A judicial insurance adjustment fee under IC 33-37-5-25.
874+(11) A judicial salaries fee under IC 33-37-5-26.
875+(12) A court administration fee under IC 33-37-5-27.
876+(13) Before July 1, 2025, a pro bono legal services fee under
877+IC 33-37-5-31.
878+(14) A sheriff's service of process fee under IC 33-37-5-15 for
879+each service of process performed outside Marion County.
880+(15) A small claims service fee of twenty-six dollars ($26)
881+under IC 33-37-5-35.
882+The township docket fee and the cost for the initial service of process
883+shall be paid at the institution of a case. The cost of service after the
884+initial service shall be assessed and paid after service has been made.
885+The cost of witness fees shall be paid before the witnesses are called.
886+(b) If the amount of the township docket fee computed under
887+subsection (a)(1) is not equal to a whole number, the amount shall be
888+rounded to the next highest whole number.
889+SECTION 18. IC 33-34-8-3, AS AMENDED BY P.L.9-2024,
890+SECTION 507, IS AMENDED TO READ AS FOLLOWS
891+[EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Payment for all costs made as
892+a result of proceedings in a small claims court shall be to the _______
893+Township of Marion County Small Claims Court (with the name of the
894+EH 1144—LS 6663/DI 151 22
895+township inserted). The court shall issue a receipt for all money
896+received on a form numbered serially in duplicate.
897+(b) This subsection applies only to a low caseload court (as defined
898+in section 5 of this chapter). All township docket fees and late fees
899+received by the court shall be paid to the township trustee at the close
900+of each month.
901+(c) This subsection does not apply to a low caseload court. This
902+subsection applies to all other township small claims courts in Marion
903+County. One dollar and fifty cents ($1.50) of the township docket fee
904+shall be paid to the township trustee of each low caseload court at the
905+end of each month. The remaining township docket fees and late fees
906+received by the court shall be paid to the township trustee at the close
907+of each month.
908+(d) (b) The court shall:
909+(1) semiannually distribute to the state comptroller:
910+(A) all automated record keeping fees (IC 33-37-5-21)
911+received by the court for deposit in the homeowner protection
912+unit account established by IC 4-6-12-9 and the state user fee
913+fund established under IC 33-37-9;
914+(B) all public defense administration fees collected by the
915+court under IC 33-37-5-21.2 for deposit in the state general
916+fund;
917+(C) sixty percent (60%) of all court administration fees
918+collected by the court under IC 33-37-5-27 for deposit in the
919+state general fund;
920+(D) all judicial insurance adjustment fees collected by the
921+court under IC 33-37-5-25 for deposit in the state general fund;
922+(E) seventy-five percent (75%) of all judicial salaries fees
923+collected by the court under IC 33-37-5-26 for deposit in the
924+state general fund; and
925+(F) one hundred percent (100%) of the pro bono legal services
926+fees collected before July 1, 2025, by the court under
927+IC 33-37-5-31 for deposit in the pro bono legal services fund
928+established by IC 33-37-5-34; and
929+(2) distribute monthly to the county auditor all of the following
930+fees received by the court:
931+(A) Document storage fees. received by the court.
932+(B) The remaining twenty-five percent (25%) of the judicial
933+salaries fees described in subdivision (1)(E). shall be deposited
934+monthly in the township general fund of the township in which
935+the court is located. The county auditor shall deposit fees
936+distributed under subdivision (2) into the clerk's record
937+EH 1144—LS 6663/DI 151 23
938+perpetuation fund under IC 33-37-5-2.
939+(C) Township docket fees and late fees.
940+(D) Small claims service fees received under IC 33-37-5-35;
941+and
942+(e) The court (3) distribute semiannually shall pay to the
943+township trustee of the township in which the court is located the
944+remaining forty percent (40%) of the court administration fees
945+described under subsection (d)(1)(C) to fund the operations of the
946+small claims court in the trustee's township. subdivision (1)(C).
947+SECTION 19. IC 33-37-5-34, AS AMENDED BY P.L.9-2024,
948+SECTION 509, IS AMENDED TO READ AS FOLLOWS
949+[EFFECTIVE JULY 1, 2025]: Sec. 34. (a) The pro bono legal services
950+fund is established. The state comptroller shall administer the fund.
951+(b) The fund consists of distributions of pro bono legal services fees
952+under:
953+(1) IC 33-34-8-3(d)(1)(F); IC 33-34-8-3(b)(1)(F);
954+(2) IC 33-37-7-2(l); or
955+(3) IC 33-37-7-8(i).
956+(c) The state comptroller shall transfer semiannually the pro bono
957+legal services fees in the fund to the Indiana Bar Foundation (or a
958+successor entity) as the entity designated to organize and administer the
959+interest on lawyers trust accounts (IOLTA) program under Rule 1.15
960+of the Rules of Professional Conduct of the Indiana supreme court. The
961+Indiana Bar Foundation shall:
962+(1) deposit in an appropriate account and otherwise manage the
963+fees the Indiana Bar Foundation receives under this subsection in
964+the same manner the Indiana Bar Foundation deposits and
965+manages the net earnings the Indiana Bar Foundation receives
966+from IOLTA accounts; and
967+(2) use the fees the Indiana Bar Foundation receives under this
968+subsection to assist or establish approved pro bono legal services
969+programs.
970+The handling and expenditure of the pro bono legal services fees
971+received under this section by the Indiana Bar Foundation (or its
972+successor entity) are subject to audit by the state board of accounts.
973+(d) Money in the fund and any interest that accrues to the fund
974+remain in the fund and do not revert to the state general fund.
975+(e) Money in the fund is continuously appropriated to carry out the
976+transfers required under subsection (c).
977+SECTION 20. IC 33-37-5-35 IS ADDED TO THE INDIANA
978+CODE AS A NEW SECTION TO READ AS FOLLOWS
979+[EFFECTIVE JULY 1, 2025]: Sec. 35. (a) This section applies to a
980+EH 1144—LS 6663/DI 151 24
981+small claims action in which a party is required to pay a township
982+docket fee under IC 33-34-8-1(a)(1).
983+(b) The clerk shall collect a small claims service fee of twenty-six
984+dollars ($26) from the party filing the small claims action.
985+SECTION 21. IC 33-37-5-36 IS ADDED TO THE INDIANA
986+CODE AS A NEW SECTION TO READ AS FOLLOWS
987+[EFFECTIVE JULY 1, 2025]: Sec. 36. (a) The small claims fund is
988+established. The auditor of Marion County shall administer the
989+fund.
990+(b) The small claims fund consists of the following fees
991+distributed under IC 33-34-8-3(b):
992+(1) Document storage fees.
993+(2) Judicial salaries fees.
994+(3) Township docket and late fees.
995+(4) Small claims service fees.
996+(5) Court administration fees.
997+(c) The county auditor shall transfer semiannually the fees
998+described in subsection (b) that are in the small claims fund to each
999+township within which a small claims court is located. The fees
1000+transferred under this section shall be distributed equally among
1001+the townships. The trustee of a township in which a court is located
1002+shall:
1003+(1) deposit the fees into the township general fund and
1004+otherwise manage the fees received under this subsection; and
1005+(2) use the fees received under this subsection to fund the
1006+operations of the small claims court in the trustee's township.
1007+(d) Money in the small claims fund and any interest that accrues
1008+from money in the fund remain in the fund and do not revert to a
1009+clerk of the court.".
1010+Renumber all SECTIONS consecutively.
1011+and when so amended that said bill do pass and be reassigned to the
1012+Senate Committee on Appropriations.
1013+(Reference is to HB 1144 as printed February 6, 2025.)
1014+BROWN L, Chairperson
1015+Committee Vote: Yeas 10, Nays 0.
1016+EH 1144—LS 6663/DI 151 25
1017+COMMITTEE REPORT
1018+Mr. President: The Senate Committee on Appropriations, to which
1019+was referred Engrossed House Bill No. 1144, has had the same under
1020+consideration and begs leave to report the same back to the Senate with
1021+the recommendation that said bill be AMENDED as follows:
1022+Page 1, delete lines 1 through 17.
1023+Page 2, delete lines 1 through 11.
1024+Page 2, delete lines 30 through 32, begin a new line block indented
1025+and insert:
1026+"(1) Money appropriated by the general assembly.".
1027+Page 2, line 39, delete "Interest that".
1028+Page 2, delete line 40.
1029+Page 4, delete lines 11 through 17, begin a new paragraph and
1030+insert:
1031+"SECTION 6. IC 33-33-0.5 IS ADDED TO THE INDIANA CODE
331032 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
341033 JULY 1, 2025]:
351034 Chapter 0.5. Transitional Procedures
361035 Sec. 1. This chapter applies when a circuit or superior court is
37-HEA 1144 — CC 1 2
381036 abolished under this article.
391037 Sec. 2. As used in this chapter, "abolished court" means a court
401038 abolished under this article.
411039 Sec. 3. As used in this chapter, "abolition date" means the date
421040 a court is abolished under this article.
431041 Sec. 4. As used in this chapter, "court" means a circuit or
441042 superior court.
451043 Sec. 5. As used in this chapter, "remaining court" means the one
461044 (1) or more courts that continue to exist in a judicial circuit after
471045 the abolition of a court in that judicial circuit under this article.
481046 Sec. 6. On the abolition date, the following apply:
491047 (1) The employment of a person employed solely by the
501048 abolished court is terminated by operation of law. This
511049 subdivision does not prevent the person from being
521050 transferred to or employed by another court.
531051 (2) A person who is jointly employed by two (2) or more
541052 courts remains an employee of the remaining courts.
551053 Sec. 7. (a) This section applies if, on the abolition date, there is
561054 only one (1) remaining court.
571055 (b) On the abolition date, all agreements and liabilities of the
581056 abolished court are transferred to the remaining court.
591057 (c) On the abolition date, all records and property of the
601058 abolished court, including appropriations and other funds under
1059+EH 1144—LS 6663/DI 151 26
611060 the control or supervision of the court, are transferred to the
621061 remaining court.
631062 (d) On the abolition date, any amounts owed to the abolished
641063 court before the abolition date are considered to be owed to the
651064 remaining court.
661065 (e) On and after the abolition date, any reference to the
671066 abolished court in a statute, rule, or other document is considered
681067 a reference to the remaining court.
691068 (f) On the abolition date, all proceedings pending before the
701069 abolished court are transferred to the remaining court.
711070 Sec. 8. (a) This section applies if, on the abolition date, there are
721071 two (2) or more remaining courts.
731072 (b) On the abolition date, all agreements and liabilities of the
741073 abolished court are transferred to the remaining courts in a
751074 manner jointly determined by the remaining courts.
761075 (c) On the abolition date, all records and property of the
771076 abolished court, including appropriations and other funds under
781077 the control or supervision of the court, are transferred to the
791078 remaining courts in a manner jointly determined by the remaining
80-HEA 1144 — CC 1 3
811079 courts.
821080 (d) On the abolition date, any amounts owed to the abolished
831081 court before the abolition date are considered to be owed to the
841082 remaining courts, in a manner jointly determined by the remaining
851083 courts.
861084 (e) On and after the abolition date, any reference to the
871085 abolished court in a statute, rule, or other document is considered
881086 a reference to a remaining court, as jointly determined by the
891087 remaining courts.
901088 (f) On the abolition date, all proceedings pending before the
911089 abolished court are transferred to the remaining courts in a
921090 manner jointly determined by the remaining courts.
93-SECTION 3. IC 33-33-5-2 IS AMENDED TO READ AS
1091+SECTION 7. IC 33-33-5-2 IS AMENDED TO READ AS
941092 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
951093 established a court of record to be known as the Blackford superior
961094 court.
971095 (b) The Blackford superior court is a standard superior court as
981096 described in IC 33-29-1.
991097 (c) Blackford County comprises the judicial district of the court.
1001098 (d) The Blackford superior court is abolished on December 31,
1011099 2028.
1021100 (e) This section expires January 1, 2029.
103-SECTION 4. IC 33-33-5-3 IS AMENDED TO READ AS
1101+SECTION 8. IC 33-33-5-3 IS AMENDED TO READ AS
1102+EH 1144—LS 6663/DI 151 27
1041103 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Blackford
1051104 superior court has one (1) judge who shall hold sessions in the
1061105 Blackford County courthouse in Hartford City or in any other places in
1071106 the county as the Blackford County executive may provide.
1081107 (b) The Blackford superior court is abolished on December 31,
1091108 2028.
1101109 (c) This section expires January 1, 2029.
111-SECTION 5. IC 33-33-5-4 IS AMENDED TO READ AS
1110+SECTION 9. IC 33-33-5-4 IS AMENDED TO READ AS
1121111 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) In addition to a
1131112 bailiff and an official court reporter for the court appointed under
1141113 IC 33-29-1-5, the judge of the Blackford superior court may appoint a
1151114 referee, commissioner, or other personnel as the judge considers
1161115 necessary to facilitate and transact the business of the court. The salary
1171116 of a referee, commissioner, or other person:
1181117 (1) shall be fixed in the same manner as the salaries of the
1191118 personnel for the Blackford circuit court; and
1201119 (2) shall be paid monthly out of the treasury of Blackford County
1211120 as provided by law.
1221121 (b) Personnel appointed under this section and IC 33-29-1-5
123-HEA 1144 — CC 1 4
1241122 continue in office until removed by the judge of the court.
1251123 (c) The Blackford superior court is abolished on December 31,
1261124 2028.
1271125 (d) This section expires January 1, 2029.
128-SECTION 6. IC 33-33-20-2, AS AMENDED BY P.L.1-2006,
129-SECTION 503, IS AMENDED TO READ AS FOLLOWS
130-[EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The judges of the Elkhart
131-circuit and superior courts may jointly appoint two four (4) full-time
132-magistrates under IC 33-23-5 to serve the circuit and superior courts.
133-(b) A magistrate continues in office until removed by the judges of
134-the circuit and superior courts.
135-SECTION 7. IC 33-33-29-2, AS AMENDED BY P.L.123-2021,
136-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
137-JULY 1, 2025]: Sec. 2. (a) There are established seven (7) nine (9)
138-superior courts of record to be known as the:
139-(1) Hamilton superior court No. 1;
140-(2) Hamilton superior court No. 2;
141-(3) Hamilton superior court No. 3;
142-(4) Hamilton superior court No. 4;
143-(5) Hamilton superior court No. 5;
144-(6) Hamilton superior court No. 6; and
145-(7) Hamilton superior court No. 7;
146-(8) Hamilton superior court No. 8; and
147-(9) Hamilton superior court No. 9.
148-(b) Except as otherwise provided in this chapter, each Hamilton
149-superior court is a standard superior court as described in IC 33-29-1.
150-(c) Hamilton County constitutes the judicial district of each court.
151-SECTION 8. IC 33-33-29-2.3 IS ADDED TO THE INDIANA
152-CODE AS A NEW SECTION TO READ AS FOLLOWS
153-[EFFECTIVE JULY 1, 2025]: Sec. 2.3. (a) Notwithstanding section
154-2 of this chapter, Hamilton superior court No. 8 and Hamilton
155-superior court No. 9 are established January 1, 2027.
156-(b) The first judge of Hamilton superior court No. 8 and
157-Hamilton superior court No. 9 shall:
158-(1) be elected at the November 2026 general election;
159-(2) take office January 1, 2027; and
160-(3) serve a term of six (6) years.
161-(c) This section expires January 1, 2033.
162-SECTION 9. IC 33-33-29-6, AS AMENDED BY P.L.138-2020,
163-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
164-JULY 1, 2025]: Sec. 6. (a) The judge of the Hamilton circuit court and
165-the judges of the Hamilton superior courts may jointly appoint four (4)
166-HEA 1144 — CC 1 5
167-six (6) full-time magistrates under IC 33-23-5 to serve the circuit and
168-superior courts.
169-(b) A magistrate continues in office until jointly removed by the
170-judge of the Hamilton circuit court and the judges of the Hamilton
171-superior courts.
172-SECTION 10. IC 33-33-40-1, AS AMENDED BY P.L.138-2020,
1126+SECTION 10. IC 33-33-8-2 IS AMENDED TO READ AS
1127+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
1128+established a court of record to be known as the Carroll superior court.
1129+(b) The Carroll superior court is a standard superior court as
1130+described in IC 33-29-1.
1131+(c) Carroll County comprises the judicial district of the superior
1132+court.
1133+(d) The Carroll superior court is abolished on December 31,
1134+2026.
1135+(e) This section expires January 1, 2027.
1136+SECTION 11. IC 33-33-8-3 IS AMENDED TO READ AS
1137+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Carroll
1138+superior court has one (1) judge who shall hold sessions in the Carroll
1139+County courthouse in Delphi or in other places in the county as the
1140+Carroll County executive may provide.
1141+(b) The Carroll superior court is abolished on December 31,
1142+2026.
1143+(c) This section expires January 1, 2027.".
1144+Page 4, line 21, delete "five (5)" and insert "four (4)".
1145+EH 1144—LS 6663/DI 151 28
1146+Page 4, between lines 24 and 25, begin a new paragraph and insert:
1147+"SECTION 14. IC 33-33-26-1, AS AMENDED BY P.L.138-2020,
1148+SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1149+JULY 1, 2025]: Sec. 1. (a) Gibson County constitutes the sixty-sixth
1150+judicial circuit.
1151+(b) Except as provided in subsection (d), the judges of the Gibson
1152+superior court and Gibson circuit court may appoint one (1) full-time
1153+magistrate under IC 33-23-5 to serve both courts.
1154+(c) Except as provided in subsection (d), the magistrate continues
1155+in office until removed by the judge of the Gibson superior court and
1156+the judge of the Gibson circuit court.
1157+(d) Beginning January 1, 2029, the circuit court judge may
1158+appoint and remove the magistrate.
1159+SECTION 15. IC 33-33-26-2 IS AMENDED TO READ AS
1160+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
1161+established a court of record to be known as the Gibson superior court.
1162+(b) The Gibson superior court is a standard superior court as
1163+described in IC 33-29-1.
1164+(c) Gibson County comprises the judicial district of the court.
1165+(d) The Gibson superior court is abolished on December 31,
1166+2028.
1167+(e) This section expires January 1, 2029.
1168+SECTION 16. IC 33-33-26-3 IS AMENDED TO READ AS
1169+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Gibson
1170+superior court has one (1) judge who shall hold sessions in:
1171+(1) the Gibson County courthouse in Princeton; or
1172+(2) other places in the county as the board of county
1173+commissioners of Gibson County may provide.
1174+(b) The Gibson superior court is abolished on December 31,
1175+2028.
1176+(c) This section expires January 1, 2029.
1177+SECTION 17. IC 33-33-28-1, AS AMENDED BY P.L.173-2015,
1178+SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1179+JULY 1, 2025]: Sec. 1. (a) Greene County constitutes the sixty-third
1180+judicial circuit.
1181+(b) Except as provided in subsection (d), the judge of the Greene
1182+circuit court and the judge of the Greene superior court may jointly
1183+appoint one (1) full-time magistrate under IC 33-23-5 to serve the
1184+circuit and superior courts.
1185+(c) Except as provided in subsection (d), the magistrate continues
1186+in office until jointly removed by the judge of the Greene circuit court
1187+and the judge of the Greene superior court.
1188+EH 1144—LS 6663/DI 151 29
1189+(d) Beginning January 1, 2027, the circuit court judge may
1190+appoint and remove the magistrate.
1191+SECTION 18. IC 33-33-28-2 IS AMENDED TO READ AS
1192+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
1193+established a court of record to be known as the Greene superior court.
1194+(b) The Greene superior court is a standard superior court as
1195+described in IC 33-29-1.
1196+(c) Greene County comprises the judicial district of the court.
1197+(d) The Greene superior court is abolished on December 31,
1198+2026.
1199+(e) This section expires January 1, 2027.
1200+SECTION 19. IC 33-33-28-3 IS AMENDED TO READ AS
1201+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Greene
1202+superior court has one (1) judge who shall hold sessions in:
1203+(1) the Greene County courthouse in Bloomfield; or
1204+(2) other places in the county as the Greene County executive may
1205+provide.
1206+(b) The Greene superior court is abolished on December 31,
1207+2026.
1208+(c) This section expires January 1, 2027.".
1209+Page 5, between lines 18 and 19, begin a new paragraph and insert:
1210+"SECTION 22. IC 33-33-40-1, AS AMENDED BY P.L.138-2020,
1731211 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1741212 JULY 1, 2025]: Sec. 1. (a) Jennings County constitutes the eighty-sixth
1751213 judicial circuit.
1761214 (b) The Jennings circuit court has a standard small claims and
1771215 misdemeanor division.
178-(c) The judge of the Jennings circuit court and the judge of the
179-Jennings superior court may jointly appoint one (1) full-time magistrate
180-under IC 33-23-5 to serve the circuit and superior courts. This
181-subsection expires December 31, 2025.
182-(d) A magistrate continues in office until jointly removed by the
183-judge of the Jennings circuit court and the judge of the Jennings
184-superior court. This subsection expires December 31, 2025.
185-(e) Beginning January 1, 2026, the judges of the Jennings circuit
186-and superior court may not appoint a magistrate under IC 33-23-5.
187-(f) A magistrate appointed under this section is terminated by
188-operation of law on December 31, 2025.
189-SECTION 11. IC 33-33-47-6 IS AMENDED TO READ AS
190-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) In addition to the
191-personnel appointed under IC 33-29-1-5, each judge may appoint
192-additional officers and personnel necessary for the proper
193-administration of the judge's duties as judge of the Lawrence superior
1216+(c) Except as provided in subsection (e), the judge of the Jennings
1217+circuit court and the judge of the Jennings superior court may jointly
1218+appoint one (1) full-time magistrate under IC 33-23-5 to serve the
1219+circuit and superior courts.
1220+(d) Except as provided in subsection (e), a magistrate continues in
1221+office until jointly removed by the judge of the Jennings circuit court
1222+and the judge of the Jennings superior court.
1223+(e) Beginning January 1, 2027, the circuit court judge may
1224+appoint and remove the magistrate.
1225+SECTION 23. IC 33-33-40-2 IS AMENDED TO READ AS
1226+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
1227+established a court of record to be known as the Jennings superior
1941228 court.
195-(b) The judge of the Lawrence County juvenile court may
196-appoint not more than one (1) full-time magistrate under
197-IC 33-23-5.
198-SECTION 12. IC 33-33-53-1, AS AMENDED BY P.L.237-2005,
1229+(b) The Jennings superior court is a standard superior court as
1230+described in IC 33-29-1.
1231+EH 1144—LS 6663/DI 151 30
1232+(c) Jennings County comprises the judicial district of the court.
1233+(d) The Jennings superior court is abolished on December 31,
1234+2026.
1235+(e) This section expires January 1, 2027.
1236+SECTION 24. IC 33-33-40-3 IS AMENDED TO READ AS
1237+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Jennings
1238+superior court has one (1) judge who shall hold sessions in:
1239+(1) the Jennings County courthouse in Vernon; or
1240+(2) another place in the county as the Jennings County executive
1241+may provide.
1242+(b) The Jennings superior court is abolished on December 31,
1243+2026.
1244+(c) This section expires January 1, 2027.".
1245+Page 5, delete lines 28 through 42, begin a new paragraph and
1246+insert:
1247+"SECTION 27. IC 33-33-49-32, AS AMENDED BY P.L.123-2021,
1248+SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1249+JULY 1, 2025]: Sec. 32. (a) In addition to the magistrate appointed
1250+under section 31 of this chapter, the judges of the superior court may,
1251+by a vote of a majority of the judges, appoint:
1252+(1) twelve (12) full-time magistrates under IC 33-23-5 after
1253+December 31, 2013, and until January 1, 2016, not more than six
1254+(6) of whom may be from the same political party;
1255+(2) sixteen (16) full-time magistrates under IC 33-23-5 after
1256+December 31, 2015, and until January 1, 2018, not more than
1257+eight (8) of whom may be from the same political party;
1258+(3) twenty (20) full-time magistrates under IC 33-23-5 after
1259+December 31, 2017, and until January 1, 2020, not more than ten
1260+(10) of whom may be from the same political party;
1261+(4) twenty-four (24) full-time magistrates under IC 33-23-5 after
1262+December 31, 2019, and until January 1, 2022, not more than
1263+twelve (12) of whom may be from the same political party; and
1264+(5) twenty-seven (27) full-time magistrates under IC 33-23-5 after
1265+December 31, 2021, and until January 1, 2026, not more than
1266+fourteen (14) of whom may be from the same political party; and
1267+(6) twenty-one (21) full-time magistrates under IC 33-23-5
1268+after December 31, 2025, not more than eleven (11) of whom
1269+may be from the same political party.
1270+(b) Except as provided in subsection (d), the magistrates continue
1271+in office until removed in accordance with local rule.
1272+(c) A party to a superior court proceeding that has been assigned to
1273+a magistrate appointed under this section may request that an elected
1274+EH 1144—LS 6663/DI 151 31
1275+judge of the superior court preside over the proceeding instead of the
1276+magistrate to whom the proceeding has been assigned. A request under
1277+this subsection must be in writing and must be filed with the court:
1278+(1) in a civil case, not later than:
1279+(A) ten (10) days after the pleadings are closed; or
1280+(B) thirty (30) days after the case is entered on the
1281+chronological case summary, in a case in which the defendant
1282+is not required to answer; or
1283+(2) in a criminal case, not later than ten (10) days after the
1284+omnibus date.
1285+Upon a timely request made under this subsection by either party, the
1286+magistrate to whom the proceeding has been assigned shall transfer the
1287+proceeding back to the superior court judge.
1288+(d) On January 1, 2026, the three (3) magistrates of each
1289+political party with the least seniority are removed from office by
1290+operation of law, unless the judges of the superior court, by a vote
1291+of a majority of the judges, elect to remove different magistrates in
1292+a manner that meets the requirements of subsection (a)(6).
1293+SECTION 28. IC 33-33-53-1, AS AMENDED BY P.L.237-2005,
1991294 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2001295 JULY 1, 2025]: Sec. 1. (a) Monroe County constitutes the tenth judicial
2011296 circuit.
2021297 (b) There are nine (9) judges of the Monroe circuit court. This
2031298 subsection expires December 31, 2026.
204-(c) Beginning January 1, 2027, there are eight (8) judges of the
1299+(c) Except as provided in subsection (e), Monroe circuit court 9
1300+is abolished on December 31, 2026.
1301+(d) Beginning January 1, 2027, there are eight (8) judges of the
2051302 Monroe circuit court.
206-(d) Monroe County circuit court division 2, seat 6 is abolished
207-on December 31, 2026.
208-SECTION 13. IC 33-33-84-22 IS ADDED TO THE INDIANA
209-HEA 1144 — CC 1 6
1303+(e) The legislative body of the county may choose to have
1304+Monroe circuit court 5 or Monroe circuit court 6 abolished instead
1305+of Monroe circuit court 9 by adopting a resolution before January
1306+1, 2027, designating which of these circuit courts will be abolished.
1307+If the legislative body of the county adopts a resolution designating
1308+Monroe circuit court 5 or Monroe circuit court 6 to be abolished,
1309+that court is abolished on December 31, 2026.
1310+SECTION 29. IC 33-33-56-2 IS AMENDED TO READ AS
1311+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
1312+established a court of record to be known as the Newton superior court.
1313+(b) The Newton superior court is a standard superior court as
1314+described in IC 33-29-1.
1315+(c) Newton County comprises the judicial district of the court.
1316+(d) The Newton superior court is abolished on December 31,
1317+EH 1144—LS 6663/DI 151 32
1318+2030.
1319+(e) This section expires January 1, 2031.
1320+SECTION 30. IC 33-33-56-3, AS AMENDED BY P.L.201-2011,
1321+SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1322+JULY 1, 2025]: Sec. 3. (a) The Newton superior court has one (1)
1323+judge.
1324+(b) This section expires January 1, 2031.
1325+SECTION 31. IC 33-33-56-4 IS AMENDED TO READ AS
1326+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The Newton
1327+superior court shall hold its sessions in:
1328+(1) the Newton County courthouse in Kentland; or
1329+(2) other places in the county as the board of county
1330+commissioners of Newton County may provide.
1331+(b) This section expires January 1, 2031.
1332+SECTION 32. IC 33-33-60-2, AS ADDED BY P.L.83-2013,
1333+SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1334+JULY 1, 2025]: Sec. 2. (a) The Owen circuit court is a court of general
1335+jurisdiction with two (2) judges. The divisions of the circuit court shall
1336+be known as Owen circuit court No. 1 and Owen circuit court No. 2.
1337+Owen County constitutes the judicial district of the circuit court and
1338+each of the court's divisions. The circuit court shall maintain the
1339+following dockets:
1340+(1) A small claims and misdemeanor division under IC 33-28-3
1341+that has a:
1342+(A) small claims docket; and
1343+(B) minor offenses and violations docket.
1344+(2) Criminal.
1345+(3) Juvenile.
1346+(4) Civil.
1347+(5) Probate.
1348+(b) The assignment of judges of the circuit court to the dockets
1349+specified in subsection (a) must be by rule of the circuit court.
1350+(c) The Owen circuit court No. 2 is abolished December 31,
1351+2026.
1352+(d) This section expires January 1, 2027.
1353+SECTION 33. IC 33-33-60-2.1 IS ADDED TO THE INDIANA
2101354 CODE AS A NEW SECTION TO READ AS FOLLOWS
211-[EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The judges of the Vigo
212-circuit and superior courts may jointly appoint one (1) full-time
213-magistrate under IC 33-23-5 to serve the circuit and superior
214-courts.
215-(b) The magistrate continues in office until removed by the
216-judges of the Vigo circuit and superior courts.
217-HEA 1144 — CC 1 Speaker of the House of Representatives
218-President of the Senate
219-President Pro Tempore
220-Governor of the State of Indiana
221-Date: Time:
222-HEA 1144 — CC 1
1355+[EFFECTIVE JULY 1, 2025]: Sec. 2.1. (a) This section is effective
1356+January 1, 2027.
1357+(b) The Owen circuit court is a court of general jurisdiction.
1358+Owen County constitutes the judicial district of the circuit court
1359+and each of the court's divisions. The circuit court shall maintain
1360+EH 1144—LS 6663/DI 151 33
1361+the following dockets:
1362+(1) A small claims and misdemeanor division under
1363+IC 33-28-3 that has a:
1364+(A) small claims docket; and
1365+(B) minor offenses and violations docket.
1366+(2) Criminal.
1367+(3) Juvenile.
1368+(4) Civil.
1369+(5) Probate.
1370+SECTION 34. IC 33-33-60-3, AS ADDED BY P.L.83-2013,
1371+SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1372+JULY 1, 2025]: Sec. 3. (a) The judges of the Owen circuit court shall
1373+select from among themselves a presiding judge of the circuit court.
1374+(b) This section expires January 1, 2027.
1375+SECTION 35. IC 33-33-60-4, AS ADDED BY P.L.83-2013,
1376+SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1377+JULY 1, 2025]: Sec. 4. (a) When any action of the entire Owen circuit
1378+court is required, the judges of the circuit court shall act in concert. If
1379+the judges are evenly divided, the decision joined by the presiding
1380+judge controls.
1381+(b) This section expires January 1, 2027.
1382+SECTION 36. IC 33-33-60-5, AS ADDED BY P.L.83-2013,
1383+SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1384+JULY 1, 2025]: Sec. 5. (a) In accordance with rules adopted by the
1385+judges of the Owen circuit court under section 6 of this chapter, the
1386+presiding judge shall do the following:
1387+(1) Ensure that the circuit court operates efficiently and judicially.
1388+(2) Annually submit to the fiscal body of Owen County a budget
1389+for the circuit court, including amounts necessary for the
1390+following:
1391+(A) The operation of the circuit's probation department.
1392+(B) The defense of indigents.
1393+(C) Maintaining an adequate legal research facility.
1394+(3) Make the appointments or selections required of a circuit or
1395+superior court judge.
1396+(b) This section expires January 1, 2027.
1397+SECTION 37. IC 33-33-60-5.1 IS ADDED TO THE INDIANA
1398+CODE AS A NEW SECTION TO READ AS FOLLOWS
1399+[EFFECTIVE JULY 1, 2025]: Sec. 5.1. Beginning January 1, 2027,
1400+the circuit court judge shall do the following:
1401+(1) Ensure that the circuit court operates efficiently and
1402+judicially.
1403+EH 1144—LS 6663/DI 151 34
1404+(2) Annually submit to the fiscal body of Owen County a
1405+budget for the circuit court, including amounts necessary for
1406+the following:
1407+(A) The operation of the circuit's probation department.
1408+(B) The defense of indigents.
1409+(C) Maintaining an adequate legal research facility.
1410+(3) Make the appointments or selections required of a circuit
1411+or superior court judge.
1412+SECTION 38. IC 33-33-60-6, AS AMENDED BY P.L.161-2018,
1413+SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1414+JULY 1, 2025]: Sec. 6. (a) The judges of the Owen circuit court shall
1415+adopt rules to provide for the administration of the circuit court,
1416+including rules governing the following:
1417+(1) Allocation of case load.
1418+(2) Legal representation for indigents.
1419+(3) Budgetary matters of the circuit court.
1420+(4) Operation of the probation department.
1421+(5) Term of administration of the presiding judge.
1422+(6) Employment and management of circuit court personnel.
1423+(7) Cooperative efforts with other courts for establishing and
1424+administering shared programs and facilities.
1425+(b) The Owen circuit court shall file with the office of judicial
1426+administration a copy of the rules adopted under this section.
1427+(c) This section expires January 1, 2027.
1428+SECTION 39. IC 33-33-60-6.1 IS ADDED TO THE INDIANA
1429+CODE AS A NEW SECTION TO READ AS FOLLOWS
1430+[EFFECTIVE JULY 1, 2025]: Sec. 6.1. (a) This section is effective
1431+January 1, 2027.
1432+(b) The circuit court judge shall adopt rules to provide for the
1433+administration of the circuit court, including rules governing the
1434+following:
1435+(1) Legal representation for indigents.
1436+(2) Budgetary matters of the circuit court.
1437+(3) Operation of the probation department.
1438+(4) Employment and management of circuit court personnel.
1439+(5) Cooperative efforts with other courts for establishing and
1440+administering shared programs and facilities.
1441+(c) The Owen circuit court shall file with the office of judicial
1442+administration a copy of the rules adopted under this section.
1443+SECTION 40. IC 33-33-60-7, AS ADDED BY P.L.83-2013,
1444+SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1445+JULY 1, 2025]: Sec. 7. (a) Each judge of the Owen circuit court may,
1446+EH 1144—LS 6663/DI 151 35
1447+subject to the budget approved for the court by the fiscal body of Owen
1448+County, employ personnel necessary for the proper administration of
1449+the judge's docket.
1450+(b) Personnel employed under this section:
1451+(1) include court reporters, bailiffs, clerical staff, and any
1452+additional officers necessary for the proper administration of the
1453+circuit court; and
1454+(2) are subject to the rules concerning employment and
1455+management of circuit court personnel adopted by the Owen
1456+circuit court under section 6 of this chapter.
1457+(c) This section expires January 1, 2027.
1458+SECTION 41. IC 33-33-60-7.1 IS ADDED TO THE INDIANA
1459+CODE AS A NEW SECTION TO READ AS FOLLOWS
1460+[EFFECTIVE JULY 1, 2025]: Sec. 7.1. (a) This section is effective
1461+January 1, 2027.
1462+(b) The judge of the Owen circuit court may, subject to the
1463+budget approved for the court by the fiscal body of Owen County,
1464+employ personnel necessary for the proper administration of the
1465+judge's docket.
1466+(c) Personnel employed under this section:
1467+(1) include court reporters, bailiffs, clerical staff, and any
1468+additional officers necessary for the proper administration of
1469+the circuit court; and
1470+(2) are subject to the rules concerning employment and
1471+management of circuit court personnel adopted by the Owen
1472+circuit court under section 6.1 of this chapter.
1473+SECTION 42. IC 33-33-66-2 IS AMENDED TO READ AS
1474+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
1475+established a court of record to be known as the Pulaski superior court.
1476+(b) The Pulaski superior court is a standard superior court as
1477+described in IC 33-29-1.
1478+(c) Pulaski County comprises the judicial district of the court.
1479+(d) The Pulaski superior court is abolished on December 31,
1480+2030.
1481+(e) This section expires January 1, 2031.
1482+SECTION 43. IC 33-33-66-3 IS AMENDED TO READ AS
1483+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The court has one
1484+(1) judge who shall hold sessions in:
1485+(1) the Pulaski County courthouse in Winamac; or
1486+(2) other places in the county that the Pulaski County executive
1487+provides.
1488+(b) This section expires January 1, 2031.
1489+EH 1144—LS 6663/DI 151 36
1490+SECTION 44. IC 33-33-70-2 IS AMENDED TO READ AS
1491+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
1492+established a court of record to be known as the Rush superior court.
1493+(b) The Rush superior court is a standard superior court as described
1494+in IC 33-29-1.
1495+(c) Rush County comprises the judicial district of the court.
1496+(d) The Rush superior court is abolished on December 31, 2026.
1497+(e) This section expires January 1, 2027.
1498+SECTION 45. IC 33-33-70-3 IS AMENDED TO READ AS
1499+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Rush
1500+superior court has one (1) judge who shall hold sessions in:
1501+(1) the Rush County courthouse in Rushville; or
1502+(2) other places in the county that the Rush county executive
1503+provides.
1504+(b) This section expires January 1, 2027.
1505+SECTION 46. IC 33-33-72-1, AS AMENDED BY P.L.156-2018,
1506+SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1507+JULY 1, 2025]: Sec. 1. (a) Scott County constitutes the sixth judicial
1508+circuit.
1509+(b) The judges of the Scott circuit court and Scott superior court
1510+may jointly appoint one (1) full-time magistrate under IC 33-23-5 to
1511+serve the circuit and superior courts.
1512+(c) The magistrate continues in office until removed by the judges
1513+of the Scott circuit and superior courts.
1514+(d) This section expires January 1, 2029.
1515+SECTION 47. IC 33-33-72-1.1 IS ADDED TO THE INDIANA
1516+CODE AS A NEW SECTION TO READ AS FOLLOWS
1517+[EFFECTIVE JULY 1, 2025]: Sec. 1.1. (a) This section is effective
1518+January 1, 2029.
1519+(b) Scott County constitutes the sixth judicial circuit.
1520+(c) The judge of the Scott circuit court may appoint one (1)
1521+full-time magistrate under IC 33-23-5 to serve the circuit court.
1522+(d) The magistrate continues in office until removed by the
1523+judge of the Scott circuit court.
1524+SECTION 48. IC 33-33-72-2 IS AMENDED TO READ AS
1525+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is
1526+established a court of record to be known as the Scott superior court.
1527+(b) The Scott superior court is a standard superior court as described
1528+in IC 33-29-1.
1529+(c) Scott County comprises the judicial district of the court.
1530+(d) The Scott superior court is abolished on December 31, 2028.
1531+(e) This section expires January 1, 2029.
1532+EH 1144—LS 6663/DI 151 37
1533+SECTION 49. IC 33-33-72-3 IS AMENDED TO READ AS
1534+FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Scott
1535+superior court has one (1) judge who shall hold sessions in Scottsburg.
1536+(b) This section expires January 1, 2029.".
1537+Page 6, delete lines 1 through 7.
1538+Renumber all SECTIONS consecutively.
1539+and when so amended that said bill do pass.
1540+(Reference is to EHB 1144 as printed March 28, 2025.)
1541+MISHLER, Chairperson
1542+Committee Vote: Yeas 11, Nays 0.
1543+_____
1544+SENATE MOTION
1545+Mr. President: I move that Engrossed House Bill 1144 be amended
1546+to read as follows:
1547+Page 1, delete lines 1 through 17.
1548+Delete page 2.
1549+Page 3, delete lines 1 through 21.
1550+Page 16, delete lines 25 through 42.
1551+Delete pages 17 through 21.
1552+Renumber all SECTIONS consecutively.
1553+(Reference is to EHB 1144 as printed April 11, 2025.)
1554+BROWN L
1555+_____
1556+SENATE MOTION
1557+Mr. President: I move that Engrossed House Bill 1144 be amended
1558+to read as follows:
1559+Page 1, between the enacting clause and line 1, begin a new
1560+paragraph and insert:
1561+"SECTION 1. IC 31-31-3-2, AS AMENDED BY P.L.113-2014,
1562+SECTION 119, IS AMENDED TO READ AS FOLLOWS
1563+[EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Except as provided in
1564+subsection (b), or (c), or (d) after June 30, 2014, the judge of the
1565+juvenile court may appoint not more than one (1) full-time magistrate
1566+EH 1144—LS 6663/DI 151 38
1567+under IC 33-23-5.
1568+(b) The judge of the juvenile court may appoint more than one (1)
1569+full-time magistrate only if the appointment of an additional magistrate
1570+is expressly authorized by the general assembly.
1571+(c) Except as provided in subsection (d), if the judge of the
1572+juvenile court appointed one (1) or more full-time magistrates under
1573+this section before July 1, 2014, the judge may continue to appoint or
1574+reappoint a full-time magistrate to each of those positions after June 30,
1575+2014.
1576+(d) The judges of the Marion County juvenile courts may
1577+appoint not more than eleven (11) full-time magistrates under
1578+IC 33-23-5.".
1579+Page 9, delete lines 28 through 42.
1580+Page 10, delete lines 1 through 42, begin a new paragraph and
1581+insert:
1582+"SECTION 27. IC 33-33-53-1, AS AMENDED BY P.L.237-2005,
1583+SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1584+JULY 1, 2025]: Sec. 1. (a) Monroe County constitutes the tenth judicial
1585+circuit.
1586+(b) There are nine (9) judges of the Monroe circuit court. This
1587+subsection expires December 31, 2026.
1588+(c) Except as provided in subsection (e), one (1) judgeship in
1589+Monroe County is abolished on December 31, 2026, as follows:
1590+(1) If one (1) judge has been appointed to fill a vacancy for a
1591+term that expires on December 31, 2026, the judgeship held by
1592+that judge is abolished.
1593+(2) If more than one (1) judge has been appointed to fill more
1594+than one (1) vacancy for a term that expires on December 31,
1595+2026, the judgeship held by the most recently appointed judge
1596+is abolished.
1597+(3) If no judge has been appointed to fill a vacancy for a term
1598+that expires on December 31, 2026, the judgeship held by the
1599+judge who received the fewest number of votes during the
1600+general election held in 2020 is abolished.
1601+(d) Beginning January 1, 2027, there are eight (8) judges of the
1602+Monroe circuit court.
1603+(e) The legislative body of the county may choose to abolish a
1604+different judgeship than prescribed by subsection (c) by adopting
1605+a resolution before January 1, 2026, designating which judgeship
1606+held by which judge will be abolished. The legislative body may
1607+only designate a judgeship held by a judge whose term expires on
1608+December 31, 2026. If the legislative body adopts a resolution as
1609+EH 1144—LS 6663/DI 151 39
1610+described in this subsection, the judgeship held by the judge named
1611+in the resolution is abolished on December 31, 2026.".
1612+Page 11, delete lines 1 through 5.
1613+Renumber all SECTIONS consecutively.
1614+(Reference is to EHB 1144 as printed April 11, 2025.)
1615+FREEMAN
1616+EH 1144—LS 6663/DI 151