15 | | - | SECTION 1. IC 31-31-3-2, AS AMENDED BY P.L.113-2014, |
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16 | | - | SECTION 119, IS AMENDED TO READ AS FOLLOWS |
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17 | | - | [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Except as provided in |
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18 | | - | subsection (b), or (c), or (d) after June 30, 2014, the judge of the |
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19 | | - | juvenile court may appoint not more than one (1) full-time magistrate |
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20 | | - | under IC 33-23-5. |
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21 | | - | (b) The judge of the juvenile court may appoint more than one (1) |
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22 | | - | full-time magistrate only if the appointment of an additional magistrate |
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23 | | - | is expressly authorized by the general assembly. |
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24 | | - | (c) Except as provided in subsection (d), if the judge of the |
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25 | | - | juvenile court appointed one (1) or more full-time magistrates under |
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26 | | - | this section before July 1, 2014, the judge may continue to appoint or |
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27 | | - | reappoint a full-time magistrate to each of those positions after June 30, |
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28 | | - | 2014. |
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29 | | - | (d) The judges of the Marion County juvenile courts may |
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30 | | - | appoint not more than eleven (11) full-time magistrates under |
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| 56 | + | 1 SECTION 1. IC 31-31-3-2, AS AMENDED BY P.L.113-2014, |
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| 57 | + | 2 SECTION 119, IS AMENDED TO READ AS FOLLOWS |
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| 58 | + | 3 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Except as provided in |
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| 59 | + | 4 subsection (b), or (c), or (d) after June 30, 2014, the judge of the |
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| 60 | + | 5 juvenile court may appoint not more than one (1) full-time magistrate |
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| 61 | + | 6 under IC 33-23-5. |
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| 62 | + | 7 (b) The judge of the juvenile court may appoint more than one (1) |
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| 63 | + | 8 full-time magistrate only if the appointment of an additional magistrate |
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| 64 | + | 9 is expressly authorized by the general assembly. |
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| 65 | + | 10 (c) Except as provided in subsection (d), if the judge of the |
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| 66 | + | 11 juvenile court appointed one (1) or more full-time magistrates under |
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| 67 | + | 12 this section before July 1, 2014, the judge may continue to appoint or |
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| 68 | + | 13 reappoint a full-time magistrate to each of those positions after June 30, |
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| 69 | + | 14 2014. |
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| 70 | + | 15 (d) The judges of the Marion County juvenile courts may |
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| 71 | + | 16 appoint not more than eleven (11) full-time magistrates under |
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| 72 | + | 17 IC 33-23-5. |
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| 73 | + | EH 1144—LS 6663/DI 151 2 |
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| 74 | + | 1 SECTION 2. IC 33-33-0.5 IS ADDED TO THE INDIANA CODE |
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| 75 | + | 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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| 76 | + | 3 JULY 1, 2025]: |
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| 77 | + | 4 Chapter 0.5. Transitional Procedures |
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| 78 | + | 5 Sec. 1. This chapter applies when a circuit or superior court is |
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| 79 | + | 6 abolished under this article. |
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| 80 | + | 7 Sec. 2. As used in this chapter, "abolished court" means a court |
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| 81 | + | 8 abolished under this article. |
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| 82 | + | 9 Sec. 3. As used in this chapter, "abolition date" means the date |
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| 83 | + | 10 a court is abolished under this article. |
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| 84 | + | 11 Sec. 4. As used in this chapter, "court" means a circuit or |
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| 85 | + | 12 superior court. |
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| 86 | + | 13 Sec. 5. As used in this chapter, "remaining court" means the one |
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| 87 | + | 14 (1) or more courts that continue to exist in a judicial circuit after |
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| 88 | + | 15 the abolition of a court in that judicial circuit under this article. |
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| 89 | + | 16 Sec. 6. On the abolition date, the following apply: |
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| 90 | + | 17 (1) The employment of a person employed solely by the |
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| 91 | + | 18 abolished court is terminated by operation of law. This |
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| 92 | + | 19 subdivision does not prevent the person from being |
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| 93 | + | 20 transferred to or employed by another court. |
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| 94 | + | 21 (2) A person who is jointly employed by two (2) or more |
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| 95 | + | 22 courts remains an employee of the remaining courts. |
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| 96 | + | 23 Sec. 7. (a) This section applies if, on the abolition date, there is |
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| 97 | + | 24 only one (1) remaining court. |
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| 98 | + | 25 (b) On the abolition date, all agreements and liabilities of the |
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| 99 | + | 26 abolished court are transferred to the remaining court. |
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| 100 | + | 27 (c) On the abolition date, all records and property of the |
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| 101 | + | 28 abolished court, including appropriations and other funds under |
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| 102 | + | 29 the control or supervision of the court, are transferred to the |
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| 103 | + | 30 remaining court. |
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| 104 | + | 31 (d) On the abolition date, any amounts owed to the abolished |
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| 105 | + | 32 court before the abolition date are considered to be owed to the |
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| 106 | + | 33 remaining court. |
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| 107 | + | 34 (e) On and after the abolition date, any reference to the |
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| 108 | + | 35 abolished court in a statute, rule, or other document is considered |
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| 109 | + | 36 a reference to the remaining court. |
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| 110 | + | 37 (f) On the abolition date, all proceedings pending before the |
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| 111 | + | 38 abolished court are transferred to the remaining court. |
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| 112 | + | 39 Sec. 8. (a) This section applies if, on the abolition date, there are |
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| 113 | + | 40 two (2) or more remaining courts. |
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| 114 | + | 41 (b) On the abolition date, all agreements and liabilities of the |
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| 115 | + | 42 abolished court are transferred to the remaining courts in a |
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| 116 | + | EH 1144—LS 6663/DI 151 3 |
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| 117 | + | 1 manner jointly determined by the remaining courts. |
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| 118 | + | 2 (c) On the abolition date, all records and property of the |
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| 119 | + | 3 abolished court, including appropriations and other funds under |
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| 120 | + | 4 the control or supervision of the court, are transferred to the |
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| 121 | + | 5 remaining courts in a manner jointly determined by the remaining |
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| 122 | + | 6 courts. |
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| 123 | + | 7 (d) On the abolition date, any amounts owed to the abolished |
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| 124 | + | 8 court before the abolition date are considered to be owed to the |
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| 125 | + | 9 remaining courts, in a manner jointly determined by the remaining |
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| 126 | + | 10 courts. |
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| 127 | + | 11 (e) On and after the abolition date, any reference to the |
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| 128 | + | 12 abolished court in a statute, rule, or other document is considered |
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| 129 | + | 13 a reference to a remaining court, as jointly determined by the |
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| 130 | + | 14 remaining courts. |
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| 131 | + | 15 (f) On the abolition date, all proceedings pending before the |
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| 132 | + | 16 abolished court are transferred to the remaining courts in a |
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| 133 | + | 17 manner jointly determined by the remaining courts. |
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| 134 | + | 18 SECTION 3. IC 33-33-5-2 IS AMENDED TO READ AS |
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| 135 | + | 19 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is |
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| 136 | + | 20 established a court of record to be known as the Blackford superior |
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| 137 | + | 21 court. |
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| 138 | + | 22 (b) The Blackford superior court is a standard superior court as |
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| 139 | + | 23 described in IC 33-29-1. |
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| 140 | + | 24 (c) Blackford County comprises the judicial district of the court. |
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| 141 | + | 25 (d) The Blackford superior court is abolished on December 31, |
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| 142 | + | 26 2028. |
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| 143 | + | 27 (e) This section expires January 1, 2029. |
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| 144 | + | 28 SECTION 4. IC 33-33-5-3 IS AMENDED TO READ AS |
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| 145 | + | 29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Blackford |
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| 146 | + | 30 superior court has one (1) judge who shall hold sessions in the |
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| 147 | + | 31 Blackford County courthouse in Hartford City or in any other places in |
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| 148 | + | 32 the county as the Blackford County executive may provide. |
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| 149 | + | 33 (b) The Blackford superior court is abolished on December 31, |
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| 150 | + | 34 2028. |
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| 151 | + | 35 (c) This section expires January 1, 2029. |
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| 152 | + | 36 SECTION 5. IC 33-33-5-4 IS AMENDED TO READ AS |
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| 153 | + | 37 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) In addition to a |
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| 154 | + | 38 bailiff and an official court reporter for the court appointed under |
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| 155 | + | 39 IC 33-29-1-5, the judge of the Blackford superior court may appoint a |
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| 156 | + | 40 referee, commissioner, or other personnel as the judge considers |
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| 157 | + | 41 necessary to facilitate and transact the business of the court. The salary |
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| 158 | + | 42 of a referee, commissioner, or other person: |
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| 159 | + | EH 1144—LS 6663/DI 151 4 |
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| 160 | + | 1 (1) shall be fixed in the same manner as the salaries of the |
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| 161 | + | 2 personnel for the Blackford circuit court; and |
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| 162 | + | 3 (2) shall be paid monthly out of the treasury of Blackford County |
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| 163 | + | 4 as provided by law. |
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| 164 | + | 5 (b) Personnel appointed under this section and IC 33-29-1-5 |
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| 165 | + | 6 continue in office until removed by the judge of the court. |
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| 166 | + | 7 (c) The Blackford superior court is abolished on December 31, |
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| 167 | + | 8 2028. |
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| 168 | + | 9 (d) This section expires January 1, 2029. |
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| 169 | + | 10 SECTION 6. IC 33-33-8-2 IS AMENDED TO READ AS |
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| 170 | + | 11 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is |
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| 171 | + | 12 established a court of record to be known as the Carroll superior court. |
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| 172 | + | 13 (b) The Carroll superior court is a standard superior court as |
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| 173 | + | 14 described in IC 33-29-1. |
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| 174 | + | 15 (c) Carroll County comprises the judicial district of the superior |
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| 175 | + | 16 court. |
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| 176 | + | 17 (d) The Carroll superior court is abolished on December 31, |
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| 177 | + | 18 2026. |
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| 178 | + | 19 (e) This section expires January 1, 2027. |
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| 179 | + | 20 SECTION 7. IC 33-33-8-3 IS AMENDED TO READ AS |
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| 180 | + | 21 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Carroll |
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| 181 | + | 22 superior court has one (1) judge who shall hold sessions in the Carroll |
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| 182 | + | 23 County courthouse in Delphi or in other places in the county as the |
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| 183 | + | 24 Carroll County executive may provide. |
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| 184 | + | 25 (b) The Carroll superior court is abolished on December 31, |
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| 185 | + | 26 2026. |
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| 186 | + | 27 (c) This section expires January 1, 2027. |
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| 187 | + | 28 SECTION 8. IC 33-33-20-2, AS AMENDED BY P.L.1-2006, |
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| 188 | + | 29 SECTION 503, IS AMENDED TO READ AS FOLLOWS |
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| 189 | + | 30 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The judges of the Elkhart |
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| 190 | + | 31 circuit and superior courts may jointly appoint two four (4) full-time |
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| 191 | + | 32 magistrates under IC 33-23-5 to serve the circuit and superior courts. |
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| 192 | + | 33 (b) A magistrate continues in office until removed by the judges of |
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| 193 | + | 34 the circuit and superior courts. |
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| 194 | + | 35 SECTION 9. IC 33-33-26-1, AS AMENDED BY P.L.138-2020, |
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| 195 | + | 36 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 196 | + | 37 JULY 1, 2025]: Sec. 1. (a) Gibson County constitutes the sixty-sixth |
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| 197 | + | 38 judicial circuit. |
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| 198 | + | 39 (b) Except as provided in subsection (d), the judges of the Gibson |
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| 199 | + | 40 superior court and Gibson circuit court may appoint one (1) full-time |
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| 200 | + | 41 magistrate under IC 33-23-5 to serve both courts. |
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| 201 | + | 42 (c) Except as provided in subsection (d), the magistrate continues |
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| 202 | + | EH 1144—LS 6663/DI 151 5 |
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| 203 | + | 1 in office until removed by the judge of the Gibson superior court and |
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| 204 | + | 2 the judge of the Gibson circuit court. |
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| 205 | + | 3 (d) Beginning January 1, 2029, the circuit court judge may |
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| 206 | + | 4 appoint and remove the magistrate. |
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| 207 | + | 5 SECTION 10. IC 33-33-26-2 IS AMENDED TO READ AS |
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| 208 | + | 6 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is |
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| 209 | + | 7 established a court of record to be known as the Gibson superior court. |
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| 210 | + | 8 (b) The Gibson superior court is a standard superior court as |
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| 211 | + | 9 described in IC 33-29-1. |
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| 212 | + | 10 (c) Gibson County comprises the judicial district of the court. |
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| 213 | + | 11 (d) The Gibson superior court is abolished on December 31, |
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| 214 | + | 12 2028. |
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| 215 | + | 13 (e) This section expires January 1, 2029. |
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| 216 | + | 14 SECTION 11. IC 33-33-26-3 IS AMENDED TO READ AS |
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| 217 | + | 15 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Gibson |
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| 218 | + | 16 superior court has one (1) judge who shall hold sessions in: |
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| 219 | + | 17 (1) the Gibson County courthouse in Princeton; or |
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| 220 | + | 18 (2) other places in the county as the board of county |
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| 221 | + | 19 commissioners of Gibson County may provide. |
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| 222 | + | 20 (b) The Gibson superior court is abolished on December 31, |
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| 223 | + | 21 2028. |
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| 224 | + | 22 (c) This section expires January 1, 2029. |
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| 225 | + | 23 SECTION 12. IC 33-33-28-1, AS AMENDED BY P.L.173-2015, |
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| 226 | + | 24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 227 | + | 25 JULY 1, 2025]: Sec. 1. (a) Greene County constitutes the sixty-third |
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| 228 | + | 26 judicial circuit. |
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| 229 | + | 27 (b) Except as provided in subsection (d), the judge of the Greene |
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| 230 | + | 28 circuit court and the judge of the Greene superior court may jointly |
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| 231 | + | 29 appoint one (1) full-time magistrate under IC 33-23-5 to serve the |
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| 232 | + | 30 circuit and superior courts. |
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| 233 | + | 31 (c) Except as provided in subsection (d), the magistrate continues |
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| 234 | + | 32 in office until jointly removed by the judge of the Greene circuit court |
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| 235 | + | 33 and the judge of the Greene superior court. |
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| 236 | + | 34 (d) Beginning January 1, 2027, the circuit court judge may |
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| 237 | + | 35 appoint and remove the magistrate. |
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| 238 | + | 36 SECTION 13. IC 33-33-28-2 IS AMENDED TO READ AS |
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| 239 | + | 37 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is |
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| 240 | + | 38 established a court of record to be known as the Greene superior court. |
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| 241 | + | 39 (b) The Greene superior court is a standard superior court as |
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| 242 | + | 40 described in IC 33-29-1. |
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| 243 | + | 41 (c) Greene County comprises the judicial district of the court. |
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| 244 | + | 42 (d) The Greene superior court is abolished on December 31, |
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| 245 | + | EH 1144—LS 6663/DI 151 6 |
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| 246 | + | 1 2026. |
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| 247 | + | 2 (e) This section expires January 1, 2027. |
---|
| 248 | + | 3 SECTION 14. IC 33-33-28-3 IS AMENDED TO READ AS |
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| 249 | + | 4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The Greene |
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| 250 | + | 5 superior court has one (1) judge who shall hold sessions in: |
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| 251 | + | 6 (1) the Greene County courthouse in Bloomfield; or |
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| 252 | + | 7 (2) other places in the county as the Greene County executive may |
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| 253 | + | 8 provide. |
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| 254 | + | 9 (b) The Greene superior court is abolished on December 31, |
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| 255 | + | 10 2026. |
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| 256 | + | 11 (c) This section expires January 1, 2027. |
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| 257 | + | 12 SECTION 15. IC 33-33-29-2, AS AMENDED BY P.L.123-2021, |
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| 258 | + | 13 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 259 | + | 14 JULY 1, 2025]: Sec. 2. (a) There are established seven (7) nine (9) |
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| 260 | + | 15 superior courts of record to be known as the: |
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| 261 | + | 16 (1) Hamilton superior court No. 1; |
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| 262 | + | 17 (2) Hamilton superior court No. 2; |
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| 263 | + | 18 (3) Hamilton superior court No. 3; |
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| 264 | + | 19 (4) Hamilton superior court No. 4; |
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| 265 | + | 20 (5) Hamilton superior court No. 5; |
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| 266 | + | 21 (6) Hamilton superior court No. 6; and |
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| 267 | + | 22 (7) Hamilton superior court No. 7; |
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| 268 | + | 23 (8) Hamilton superior court No. 8; and |
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| 269 | + | 24 (9) Hamilton superior court No. 9. |
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| 270 | + | 25 (b) Except as otherwise provided in this chapter, each Hamilton |
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| 271 | + | 26 superior court is a standard superior court as described in IC 33-29-1. |
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| 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 |
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| 275 | + | 30 [EFFECTIVE JULY 1, 2025]: Sec. 2.3. (a) Notwithstanding section |
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| 276 | + | 31 2 of this chapter, Hamilton superior court No. 8 and Hamilton |
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| 277 | + | 32 superior court No. 9 are established January 1, 2027. |
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| 278 | + | 33 (b) The first judge of Hamilton superior court No. 8 and |
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| 279 | + | 34 Hamilton superior court No. 9 shall: |
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| 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 |
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| 287 | + | 42 the judges of the Hamilton superior courts may jointly appoint four (4) |
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| 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 |
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| 293 | + | 5 superior courts. |
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| 294 | + | 6 SECTION 18. IC 33-33-40-1, AS AMENDED BY P.L.138-2020, |
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| 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 |
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| 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 |
---|
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. |
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| 1023 | + | Page 2, delete lines 1 through 11. |
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| 1024 | + | Page 2, delete lines 30 through 32, begin a new line block indented |
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| 1025 | + | and insert: |
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| 1026 | + | "(1) Money appropriated by the general assembly.". |
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| 1027 | + | Page 2, line 39, delete "Interest that". |
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| 1028 | + | Page 2, delete line 40. |
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| 1029 | + | Page 4, delete lines 11 through 17, begin a new paragraph and |
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| 1030 | + | insert: |
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| 1031 | + | "SECTION 6. IC 33-33-0.5 IS ADDED TO THE INDIANA CODE |
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211 | | - | [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The judges of the Vigo |
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212 | | - | circuit and superior courts may jointly appoint one (1) full-time |
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213 | | - | magistrate under IC 33-23-5 to serve the circuit and superior |
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214 | | - | courts. |
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215 | | - | (b) The magistrate continues in office until removed by the |
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216 | | - | judges of the Vigo circuit and superior courts. |
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217 | | - | HEA 1144 — CC 1 Speaker of the House of Representatives |
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218 | | - | President of the Senate |
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219 | | - | President Pro Tempore |
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220 | | - | Governor of the State of Indiana |
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221 | | - | Date: Time: |
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222 | | - | HEA 1144 — CC 1 |
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| 1355 | + | [EFFECTIVE JULY 1, 2025]: Sec. 2.1. (a) This section is effective |
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| 1356 | + | January 1, 2027. |
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| 1357 | + | (b) The Owen circuit court is a court of general jurisdiction. |
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| 1358 | + | Owen County constitutes the judicial district of the circuit court |
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| 1359 | + | and each of the court's divisions. The circuit court shall maintain |
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| 1360 | + | EH 1144—LS 6663/DI 151 33 |
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| 1361 | + | the following dockets: |
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| 1362 | + | (1) A small claims and misdemeanor division under |
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| 1363 | + | IC 33-28-3 that has a: |
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| 1364 | + | (A) small claims docket; and |
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| 1365 | + | (B) minor offenses and violations docket. |
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| 1366 | + | (2) Criminal. |
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| 1367 | + | (3) Juvenile. |
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| 1368 | + | (4) Civil. |
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| 1369 | + | (5) Probate. |
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| 1370 | + | SECTION 34. IC 33-33-60-3, AS ADDED BY P.L.83-2013, |
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| 1371 | + | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 1372 | + | JULY 1, 2025]: Sec. 3. (a) The judges of the Owen circuit court shall |
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| 1373 | + | select from among themselves a presiding judge of the circuit court. |
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| 1374 | + | (b) This section expires January 1, 2027. |
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| 1375 | + | SECTION 35. IC 33-33-60-4, AS ADDED BY P.L.83-2013, |
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| 1376 | + | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 1377 | + | JULY 1, 2025]: Sec. 4. (a) When any action of the entire Owen circuit |
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| 1378 | + | court is required, the judges of the circuit court shall act in concert. If |
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| 1379 | + | the judges are evenly divided, the decision joined by the presiding |
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| 1380 | + | judge controls. |
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| 1381 | + | (b) This section expires January 1, 2027. |
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| 1382 | + | SECTION 36. IC 33-33-60-5, AS ADDED BY P.L.83-2013, |
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| 1383 | + | SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 1384 | + | JULY 1, 2025]: Sec. 5. (a) In accordance with rules adopted by the |
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| 1385 | + | judges of the Owen circuit court under section 6 of this chapter, the |
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| 1386 | + | presiding judge shall do the following: |
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| 1387 | + | (1) Ensure that the circuit court operates efficiently and judicially. |
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| 1388 | + | (2) Annually submit to the fiscal body of Owen County a budget |
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| 1389 | + | for the circuit court, including amounts necessary for the |
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| 1390 | + | following: |
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| 1391 | + | (A) The operation of the circuit's probation department. |
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| 1392 | + | (B) The defense of indigents. |
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| 1393 | + | (C) Maintaining an adequate legal research facility. |
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| 1394 | + | (3) Make the appointments or selections required of a circuit or |
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| 1395 | + | superior court judge. |
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| 1396 | + | (b) This section expires January 1, 2027. |
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| 1397 | + | SECTION 37. IC 33-33-60-5.1 IS ADDED TO THE INDIANA |
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| 1398 | + | CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 1399 | + | [EFFECTIVE JULY 1, 2025]: Sec. 5.1. Beginning January 1, 2027, |
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| 1400 | + | the circuit court judge shall do the following: |
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| 1401 | + | (1) Ensure that the circuit court operates efficiently and |
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| 1402 | + | judicially. |
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| 1403 | + | EH 1144—LS 6663/DI 151 34 |
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| 1404 | + | (2) Annually submit to the fiscal body of Owen County a |
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| 1405 | + | budget for the circuit court, including amounts necessary for |
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| 1406 | + | the following: |
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| 1407 | + | (A) The operation of the circuit's probation department. |
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| 1408 | + | (B) The defense of indigents. |
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| 1409 | + | (C) Maintaining an adequate legal research facility. |
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| 1410 | + | (3) Make the appointments or selections required of a circuit |
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| 1411 | + | or superior court judge. |
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| 1412 | + | SECTION 38. IC 33-33-60-6, AS AMENDED BY P.L.161-2018, |
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| 1413 | + | SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 1414 | + | JULY 1, 2025]: Sec. 6. (a) The judges of the Owen circuit court shall |
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| 1415 | + | adopt rules to provide for the administration of the circuit court, |
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| 1416 | + | including rules governing the following: |
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| 1417 | + | (1) Allocation of case load. |
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| 1418 | + | (2) Legal representation for indigents. |
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| 1419 | + | (3) Budgetary matters of the circuit court. |
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| 1420 | + | (4) Operation of the probation department. |
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| 1421 | + | (5) Term of administration of the presiding judge. |
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| 1422 | + | (6) Employment and management of circuit court personnel. |
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| 1423 | + | (7) Cooperative efforts with other courts for establishing and |
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| 1424 | + | administering shared programs and facilities. |
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| 1425 | + | (b) The Owen circuit court shall file with the office of judicial |
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| 1426 | + | administration a copy of the rules adopted under this section. |
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| 1427 | + | (c) This section expires January 1, 2027. |
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| 1428 | + | SECTION 39. IC 33-33-60-6.1 IS ADDED TO THE INDIANA |
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| 1429 | + | CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 1430 | + | [EFFECTIVE JULY 1, 2025]: Sec. 6.1. (a) This section is effective |
---|
| 1431 | + | January 1, 2027. |
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| 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: |
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| 1435 | + | (1) Legal representation for indigents. |
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| 1436 | + | (2) Budgetary matters of the circuit court. |
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| 1437 | + | (3) Operation of the probation department. |
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| 1438 | + | (4) Employment and management of circuit court personnel. |
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| 1439 | + | (5) Cooperative efforts with other courts for establishing and |
---|
| 1440 | + | administering shared programs and facilities. |
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| 1441 | + | (c) The Owen circuit court shall file with the office of judicial |
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| 1442 | + | administration a copy of the rules adopted under this section. |
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| 1443 | + | SECTION 40. IC 33-33-60-7, AS ADDED BY P.L.83-2013, |
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| 1444 | + | SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 1445 | + | JULY 1, 2025]: Sec. 7. (a) Each judge of the Owen circuit court may, |
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| 1446 | + | EH 1144—LS 6663/DI 151 35 |
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| 1447 | + | subject to the budget approved for the court by the fiscal body of Owen |
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| 1448 | + | County, employ personnel necessary for the proper administration of |
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| 1449 | + | the judge's docket. |
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| 1450 | + | (b) Personnel employed under this section: |
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| 1451 | + | (1) include court reporters, bailiffs, clerical staff, and any |
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| 1452 | + | additional officers necessary for the proper administration of the |
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| 1453 | + | circuit court; and |
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| 1454 | + | (2) are subject to the rules concerning employment and |
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| 1455 | + | management of circuit court personnel adopted by the Owen |
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| 1456 | + | circuit court under section 6 of this chapter. |
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| 1457 | + | (c) This section expires January 1, 2027. |
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| 1458 | + | SECTION 41. IC 33-33-60-7.1 IS ADDED TO THE INDIANA |
---|
| 1459 | + | CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 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 |
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| 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. |
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| 1466 | + | (c) Personnel employed under this section: |
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| 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. |
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| 1473 | + | SECTION 42. IC 33-33-66-2 IS AMENDED TO READ AS |
---|
| 1474 | + | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) There is |
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| 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. |
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| 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: |
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| 1485 | + | (1) the Pulaski County courthouse in Winamac; or |
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| 1486 | + | (2) other places in the county that the Pulaski County executive |
---|
| 1487 | + | provides. |
---|
| 1488 | + | (b) This section expires January 1, 2031. |
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| 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. |
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| 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: |
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| 1501 | + | (1) the Rush County courthouse in Rushville; or |
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| 1502 | + | (2) other places in the county that the Rush county executive |
---|
| 1503 | + | provides. |
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| 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 |
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| 1517 | + | [EFFECTIVE JULY 1, 2025]: Sec. 1.1. (a) This section is effective |
---|
| 1518 | + | January 1, 2029. |
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| 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. |
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| 1536 | + | (b) This section expires January 1, 2029.". |
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| 1537 | + | Page 6, delete lines 1 through 7. |
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| 1538 | + | Renumber all SECTIONS consecutively. |
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| 1539 | + | and when so amended that said bill do pass. |
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| 1540 | + | (Reference is to EHB 1144 as printed March 28, 2025.) |
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| 1541 | + | MISHLER, Chairperson |
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| 1542 | + | Committee Vote: Yeas 11, Nays 0. |
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| 1543 | + | _____ |
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| 1544 | + | SENATE MOTION |
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| 1545 | + | Mr. President: I move that Engrossed House Bill 1144 be amended |
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| 1546 | + | to read as follows: |
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| 1547 | + | Page 1, delete lines 1 through 17. |
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| 1548 | + | Delete page 2. |
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| 1549 | + | Page 3, delete lines 1 through 21. |
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| 1550 | + | Page 16, delete lines 25 through 42. |
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| 1551 | + | Delete pages 17 through 21. |
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| 1552 | + | Renumber all SECTIONS consecutively. |
---|
| 1553 | + | (Reference is to EHB 1144 as printed April 11, 2025.) |
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| 1554 | + | BROWN L |
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| 1555 | + | _____ |
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| 1556 | + | SENATE MOTION |
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| 1557 | + | Mr. President: I move that Engrossed House Bill 1144 be amended |
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| 1558 | + | to read as follows: |
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| 1559 | + | Page 1, between the enacting clause and line 1, begin a new |
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| 1560 | + | paragraph and insert: |
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| 1561 | + | "SECTION 1. IC 31-31-3-2, AS AMENDED BY P.L.113-2014, |
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| 1562 | + | SECTION 119, IS AMENDED TO READ AS FOLLOWS |
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| 1563 | + | [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Except as provided in |
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| 1564 | + | subsection (b), or (c), or (d) after June 30, 2014, the judge of the |
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| 1565 | + | juvenile court may appoint not more than one (1) full-time magistrate |
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| 1566 | + | EH 1144—LS 6663/DI 151 38 |
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| 1567 | + | under IC 33-23-5. |
---|
| 1568 | + | (b) The judge of the juvenile court may appoint more than one (1) |
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| 1569 | + | full-time magistrate only if the appointment of an additional magistrate |
---|
| 1570 | + | is expressly authorized by the general assembly. |
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| 1571 | + | (c) Except as provided in subsection (d), if the judge of the |
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| 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. |
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| 1576 | + | (d) The judges of the Marion County juvenile courts may |
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| 1577 | + | appoint not more than eleven (11) full-time magistrates under |
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| 1578 | + | IC 33-23-5.". |
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| 1579 | + | Page 9, delete lines 28 through 42. |
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| 1580 | + | Page 10, delete lines 1 through 42, begin a new paragraph and |
---|
| 1581 | + | insert: |
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| 1582 | + | "SECTION 27. IC 33-33-53-1, AS AMENDED BY P.L.237-2005, |
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| 1583 | + | SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 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 |
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| 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 |
---|