Introduced Version
HOUSE BILL No. 1217
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 33-39-6-2.
Synopsis: Prosecuting attorneys. Provides that the prosecuting
attorney of a county in which is located an institution operated by the
department of correction that houses between 100 and 1,500 offenders
may appoint one additional deputy prosecuting attorney. Repeals a
provision that allows the prosecuting attorney of Cass County to
appoint one additional deputy prosecuting attorney.
Effective: July 1, 2025.
Rowray
January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
2025 IN 1217—LS 7395/DI 149 Introduced
First Regular Session of the 124th General Assembly (2025)
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1217
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 33-39-6-2, AS AMENDED BY P.L.201-2023,
2 SECTION 263, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) A prosecuting attorney may
4 appoint one (1) chief deputy prosecuting attorney. The maximum
5 annual salary paid by the state of a chief deputy prosecuting attorney
6 appointed under this subsection is as follows:
7 (1) If the prosecuting attorney is a full-time prosecuting attorney
8 appointing a full-time chief deputy prosecuting attorney, the
9 annual salary of the chief deputy prosecuting attorney is equal to
10 seventy-five percent (75%) of the salary paid by the state to a
11 full-time prosecuting attorney.
12 (2) If the prosecuting attorney is a full-time prosecuting attorney
13 appointing a part-time chief deputy prosecuting attorney, the
14 annual salary of the chief deputy prosecuting attorney is equal to
15 seventy-five percent (75%) of the salary paid by the state to a
16 part-time prosecuting attorney serving the judicial district served
17 by the chief deputy prosecuting attorney.
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1 (3) If the prosecuting attorney is a part-time prosecuting attorney
2 appointing a full-time chief deputy prosecuting attorney, the
3 annual salary of the chief deputy prosecuting attorney is equal to
4 seventy-five percent (75%) of the salary paid by the state to a
5 full-time prosecuting attorney.
6 (4) If the prosecuting attorney is a part-time prosecuting attorney
7 appointing a part-time chief deputy prosecuting attorney, the
8 annual salary of the chief deputy prosecuting attorney is equal to
9 seventy-five percent (75%) of the salary paid by the state to a
10 part-time prosecuting attorney.
11 (b) The prosecuting attorney in a county in which is located at least
12 one (1) institution operated by the department of correction that houses
13 at least one thousand five hundred (1,500) offenders may appoint two
14 (2) additional deputy prosecuting attorneys. In a county having two (2)
15 institutions, each of which houses at least one thousand five hundred
16 (1,500) offenders, the prosecuting attorney may appoint a third deputy
17 prosecuting attorney.
18 (c) The prosecuting attorney in a county in which is located an
19 institution operated by the department of correction that houses at least
20 one hundred (100) but less than one thousand five hundred (1,500)
21 adult offenders may appoint one (1) additional deputy prosecuting
22 attorney.
23 (d) The prosecuting attorney in a county in which is located a state
24 institution (as defined in IC 12-7-2-184) that has a daily population of
25 at least three hundred fifty (350) patients may appoint one (1)
26 additional deputy prosecuting attorney.
27 (e) The prosecuting attorney of Cass County may appoint one (1)
28 additional deputy prosecuting attorney.
29 (f) (e) The annual salary of a deputy prosecuting attorney appointed
30 under subsections (b) through (e) (d) may not be less than seventy
31 percent (70%) of the annual salary of a full-time prosecuting attorney.
32 (g) (f) The salaries provided in this section shall be paid by the state
33 once every two (2) weeks from the state general fund. There is
34 appropriated annually out of the general fund of the state sufficient
35 funds to pay any amount necessary. However, the salaries fixed in this
36 chapter are determined to be maximum salaries to be paid by the state.
37 This chapter does not limit the power of counties comprising the
38 respective judicial circuits to pay additional salaries upon proper action
39 by the appropriate county officials.
40 (h) (g) The various county councils shall appropriate annually for
41 other deputy prosecuting attorneys, investigators, clerical assistance,
42 witness fees, out-of-state travel, postage, telephone tolls and telegraph,
2025 IN 1217—LS 7395/DI 149 3
1 repairs to equipment, office supplies, other operating expenses, and
2 equipment an amount necessary for the proper discharge of the duties
3 imposed by law upon the office of the prosecuting attorney of each
4 judicial circuit.
2025 IN 1217—LS 7395/DI 149