1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1536 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 31-12; IC 33-28-1; IC 33-29-5-7; IC 33-33-49; |
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7 | 7 | | IC 33-38-4-1; IC 33-39; IC 33-41-2-3; IC 35-32-2-1. |
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8 | 8 | | Synopsis: Judicial circuits. Establishes a judicial circuit for each |
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9 | 9 | | township in Marion County. (Under the Constitution of the State of |
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10 | 10 | | Indiana, a prosecuting attorney and circuit judge are required to be |
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11 | 11 | | elected in each judicial circuit.) Makes conforming amendments. |
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12 | 12 | | Effective: January 1, 2026. |
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13 | 13 | | Ireland |
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14 | 14 | | January 21, 2025, read first time and referred to Committee on Courts and Criminal Code. |
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15 | 15 | | 2025 IN 1536—LS 7543/DI 106 Introduced |
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16 | 16 | | First Regular Session of the 124th General Assembly (2025) |
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17 | 17 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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18 | 18 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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19 | 19 | | additions will appear in this style type, and deletions will appear in this style type. |
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20 | 20 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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21 | 21 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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22 | 22 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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23 | 23 | | a new provision to the Indiana Code or the Indiana Constitution. |
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24 | 24 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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25 | 25 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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26 | 26 | | HOUSE BILL No. 1536 |
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27 | 27 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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28 | 28 | | courts and court officers. |
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29 | 29 | | Be it enacted by the General Assembly of the State of Indiana: |
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30 | 30 | | 1 SECTION 1. IC 31-12-1-1 IS AMENDED TO READ AS |
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31 | 31 | | 2 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 1. (a) Except as |
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32 | 32 | | 3 provided in subsection (b), this chapter applies only in judicial |
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33 | 33 | | 4 circuits in which the judges of the superior and circuit courts determine |
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34 | 34 | | 5 that: |
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35 | 35 | | 6 (1) the social conditions in the county; and |
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36 | 36 | | 7 (2) the number of domestic relations cases in the courts; |
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37 | 37 | | 8 make the procedures provided in this chapter necessary for the full and |
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38 | 38 | | 9 proper consideration of the cases and to carry out this chapter. |
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39 | 39 | | 10 (b) This chapter applies in Marion County, if the judges of the |
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40 | 40 | | 11 superior and circuit courts determine that: |
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41 | 41 | | 12 (1) the social conditions in the county; and |
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42 | 42 | | 13 (2) the number of domestic relations cases in the courts; |
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43 | 43 | | 14 make the procedures provided in this chapter necessary for the full |
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44 | 44 | | 15 and proper consideration of the cases and to carry out this chapter. |
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45 | 45 | | 16 (b) (c) The majority of the judges of the superior and circuit courts |
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46 | 46 | | 17 in each judicial circuit (or in Marion County, if applicable) shall |
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47 | 47 | | 2025 IN 1536—LS 7543/DI 106 2 |
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48 | 48 | | 1 make the determination under subsection (a) or (b) annually in |
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49 | 49 | | 2 January. |
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50 | 50 | | 3 SECTION 2. IC 31-12-1.5-1, AS ADDED BY P.L.80-2006, |
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51 | 51 | | 4 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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52 | 52 | | 5 JANUARY 1, 2026]: Sec. 1. (a) Except as provided in subsection (b), |
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53 | 53 | | 6 this chapter applies in a judicial circuit in which a majority of the |
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54 | 54 | | 7 judges of the circuit and superior courts determine that: |
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55 | 55 | | 8 (1) the social conditions of the county; and |
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56 | 56 | | 9 (2) the number of domestic relations cases in the courts; |
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57 | 57 | | 10 make the procedures described in IC 31-12-1 necessary for the full and |
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58 | 58 | | 11 proper consideration of domestic relations cases. |
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59 | 59 | | 12 (b) This chapter applies in Marion County, if the judges of the |
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60 | 60 | | 13 superior and circuit courts in the county determine that: |
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61 | 61 | | 14 (1) the social conditions in the county; and |
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62 | 62 | | 15 (2) the number of domestic relations cases in the courts; |
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63 | 63 | | 16 make the procedures provided in this chapter necessary for the full |
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64 | 64 | | 17 and proper consideration of the cases and to carry out this chapter. |
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65 | 65 | | 18 (b) (c) The judges shall make the determination described in |
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66 | 66 | | 19 subsection (a) or (b) annually in January. |
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67 | 67 | | 20 SECTION 3. IC 31-12-1.5-2, AS ADDED BY P.L.80-2006, |
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68 | 68 | | 21 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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69 | 69 | | 22 JANUARY 1, 2026]: Sec. 2. If the judges of a judicial circuit (or |
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70 | 70 | | 23 Marion County) make the determination described in section 1 of this |
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71 | 71 | | 24 chapter, the judges shall designate by joint order one (1) or more of the |
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72 | 72 | | 25 judges in the judicial circuit (or Marion County) to hear cases under |
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73 | 73 | | 26 this chapter. A judge designated under this section may hold as many |
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74 | 74 | | 27 sessions each week as are necessary for the prompt disposition of the |
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75 | 75 | | 28 court's business. |
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76 | 76 | | 29 SECTION 4. IC 31-12-2-1, AS AMENDED BY P.L.11-2023, |
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77 | 77 | | 30 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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78 | 78 | | 31 JANUARY 1, 2026]: Sec. 1. This chapter applies only to the following: |
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79 | 79 | | 32 (1) A judicial circuit in which there is located a consolidated city, |
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80 | 80 | | 33 and if the judges of the superior court and the judge judges of the |
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81 | 81 | | 34 circuit court courts in the county determine that the social |
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82 | 82 | | 35 conditions in the county and the number of domestic relations |
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83 | 83 | | 36 cases in the courts make the procedures provided under this |
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84 | 84 | | 37 chapter necessary for the full and proper consideration of the |
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85 | 85 | | 38 cases and the effectuation of the purposes of this chapter. |
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86 | 86 | | 39 (2) A county having a population of more than four hundred |
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87 | 87 | | 40 thousand (400,000) and less than seven hundred thousand |
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88 | 88 | | 41 (700,000) in which the judge of the circuit court determines that |
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89 | 89 | | 42 the social conditions in the county and the number of domestic |
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90 | 90 | | 2025 IN 1536—LS 7543/DI 106 3 |
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91 | 91 | | 1 relations cases in the county's courts make the procedures |
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92 | 92 | | 2 provided under this chapter necessary for the full and proper |
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93 | 93 | | 3 consideration of the cases and the effectuation of the purposes of |
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94 | 94 | | 4 this chapter. |
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95 | 95 | | 5 SECTION 5. IC 31-12-2-2, AS AMENDED BY P.L.11-2023, |
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96 | 96 | | 6 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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97 | 97 | | 7 JANUARY 1, 2026]: Sec. 2. For: |
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98 | 98 | | 8 (1) any judicial circuit in which there is located in a consolidated |
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99 | 99 | | 9 city, the judges described in section 1(1) of this chapter may |
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100 | 100 | | 10 establish a bureau of the courts; and |
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101 | 101 | | 11 (2) a county having a population of more than four hundred |
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102 | 102 | | 12 thousand (400,000) and less than seven hundred thousand |
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103 | 103 | | 13 (700,000), the judge of the circuit court may establish a bureau of |
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104 | 104 | | 14 the court; |
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105 | 105 | | 15 known as the "Domestic Relations Counseling Bureau". |
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106 | 106 | | 16 SECTION 6. IC 33-28-1-1 IS AMENDED TO READ AS |
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107 | 107 | | 17 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 1. The circuit |
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108 | 108 | | 18 court shall be held in the respective counties judicial circuits at times |
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109 | 109 | | 19 as may be fixed by law. The court shall be styled "____________ |
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110 | 110 | | 20 Circuit Court", according to the name of the county in which it may be |
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111 | 111 | | 21 held, or "Marion County Circuit Court (__________ Township)", |
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112 | 112 | | 22 for a circuit court in Marion County. |
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113 | 113 | | 23 SECTION 7. IC 33-28-1-2, AS AMENDED BY P.L.195-2019, |
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114 | 114 | | 24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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115 | 115 | | 25 JANUARY 1, 2026]: Sec. 2. (a) All circuit courts have: |
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116 | 116 | | 26 (1) original and concurrent jurisdiction in all civil cases and in all |
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117 | 117 | | 27 criminal cases; |
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118 | 118 | | 28 (2) original and concurrent jurisdiction with the superior courts in |
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119 | 119 | | 29 all user fee cases; |
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120 | 120 | | 30 (3) de novo appellate jurisdiction of appeals from city and town |
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121 | 121 | | 31 courts; and |
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122 | 122 | | 32 (4) in Marion County, de novo appellate jurisdiction of appeals |
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123 | 123 | | 33 from township small claims courts established under IC 33-34. |
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124 | 124 | | 34 (b) The circuit court also has the appellate jurisdiction that may be |
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125 | 125 | | 35 conferred by law upon it. |
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126 | 126 | | 36 (c) Each circuit court located in Marion County may: |
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127 | 127 | | 37 (1) hold trials and other proceedings from a courthouse |
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128 | 128 | | 38 located anywhere in Marion County; and |
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129 | 129 | | 39 (2) may exercise jurisdiction throughout the county. |
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130 | 130 | | 40 Circuit courts located in Marion County may agree to share office |
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131 | 131 | | 41 space, courtrooms, and other facilities with other circuit courts |
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132 | 132 | | 42 located in Marion County. |
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133 | 133 | | 2025 IN 1536—LS 7543/DI 106 4 |
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134 | 134 | | 1 SECTION 8. IC 33-28-1-6 IS AMENDED TO READ AS |
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135 | 135 | | 2 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 6. When the |
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136 | 136 | | 3 subject matter of a circuit court is situated in two (2) or more counties, |
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137 | 137 | | 4 or two (2) or more judicial circuits within a county, the court that |
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138 | 138 | | 5 takes cognizance of the matter first shall retain the matter. |
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139 | 139 | | 6 SECTION 9. IC 33-28-1-7 IS AMENDED TO READ AS |
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140 | 140 | | 7 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 7. The circuit |
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141 | 141 | | 8 court of each county, or of each judicial circuit within a county, shall |
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142 | 142 | | 9 have a seal. A description of the seal must be signed by the judge |
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143 | 143 | | 10 devising the seal. The seal must be filed by the clerk and recorded. |
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144 | 144 | | 11 SECTION 10. IC 33-28-1-8 IS AMENDED TO READ AS |
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145 | 145 | | 12 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 8. (a) This section |
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146 | 146 | | 13 applies to a new county or judicial circuit in which a seal has not been |
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147 | 147 | | 14 devised for the county's circuit court or the circuit court of a judicial |
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148 | 148 | | 15 circuit. |
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149 | 149 | | 16 (b) The clerk of a circuit court located in a county subject to this |
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150 | 150 | | 17 section may seal all papers required by law to be sealed with the seal |
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151 | 151 | | 18 of the circuit court with the clerk's private seal. Papers sealed with the |
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152 | 152 | | 19 clerk's seal under this section are considered to have been sealed with |
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153 | 153 | | 20 a seal devised by the circuit court. |
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154 | 154 | | 21 SECTION 11. IC 33-29-5-7 IS AMENDED TO READ AS |
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155 | 155 | | 22 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 7. To be eligible |
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156 | 156 | | 23 to hold office as a judge of a circuit or superior court, a person must |
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157 | 157 | | 24 be a resident of the judicial circuit that the judge serves. However, a |
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158 | 158 | | 25 judge of the Marion superior court may reside anywhere within |
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159 | 159 | | 26 Marion County. |
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160 | 160 | | 27 SECTION 12. IC 33-33-49-2, AS AMENDED BY P.L.17-2016, |
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161 | 161 | | 28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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162 | 162 | | 29 JANUARY 1, 2026]: Sec. 2. (a) The nineteenth judicial circuit is |
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163 | 163 | | 30 abolished. By operation of law, the judge of the nineteenth judicial |
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164 | 164 | | 31 circuit becomes the judge of the one hundred and fourth judicial |
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165 | 165 | | 32 circuit, and all employees, assets, liabilities, and pending |
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166 | 166 | | 33 proceedings are transferred from the nineteenth judicial circuit to |
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167 | 167 | | 34 the one hundred and fourth judicial circuit. The magistrate of the |
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168 | 168 | | 35 nineteenth judicial circuit court becomes the magistrate of the one |
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169 | 169 | | 36 hundred and fourth judicial circuit. |
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170 | 170 | | 37 (a) (b) Marion County constitutes contains the nineteenth judicial |
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171 | 171 | | 38 circuit. following judicial circuits: |
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172 | 172 | | 39 (1) Pike Township constitutes the one hundredth judicial |
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173 | 173 | | 40 circuit. |
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174 | 174 | | 41 (2) Washington Township constitutes the one hundred and |
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175 | 175 | | 42 first judicial circuit. |
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176 | 176 | | 2025 IN 1536—LS 7543/DI 106 5 |
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177 | 177 | | 1 (3) Lawrence Township constitutes the one hundred and |
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178 | 178 | | 2 second judicial circuit. |
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179 | 179 | | 3 (4) Wayne Township constitutes the one hundred and third |
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180 | 180 | | 4 judicial circuit. |
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181 | 181 | | 5 (5) Center Township constitutes the one hundred and fourth |
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182 | 182 | | 6 judicial circuit. |
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183 | 183 | | 7 (6) Warren Township constitutes the one hundred and fifth |
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184 | 184 | | 8 judicial circuit. |
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185 | 185 | | 9 (7) Decatur Township constitutes the one hundred and sixth |
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186 | 186 | | 10 judicial circuit. |
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187 | 187 | | 11 (8) Perry Township constitutes the one hundred and seventh |
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188 | 188 | | 12 judicial circuit. |
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189 | 189 | | 13 (9) Franklin Township constitutes the one hundred and eighth |
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190 | 190 | | 14 judicial circuit. |
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191 | 191 | | 15 (b) (c) The judge of the Marion the one hundred and fourth circuit |
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192 | 192 | | 16 court (Marion County Circuit Court (Center Township)) may |
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193 | 193 | | 17 appoint one (1) full-time magistrate under IC 33-23-5 to serve the |
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194 | 194 | | 18 circuit court. The magistrate continues in office until removed by the |
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195 | 195 | | 19 judge. |
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196 | 196 | | 20 SECTION 13. IC 33-33-49-11 IS AMENDED TO READ AS |
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197 | 197 | | 21 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 11. (a) The court |
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198 | 198 | | 22 may adopt rules for conducting the business of the court. Except as |
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199 | 199 | | 23 provided in subsection (b), in all matters action of the court may only |
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200 | 200 | | 24 be taken by a vote of a majority of the judges sitting at the time the vote |
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201 | 201 | | 25 is taken. |
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202 | 202 | | 26 (b) Action of the court to remove the presiding judge or either |
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203 | 203 | | 27 associate presiding judge may only be taken by a vote of two-thirds |
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204 | 204 | | 28 (2/3) of the judges sitting at the time the vote is taken. |
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205 | 205 | | 29 (c) The court has all the powers incident to a court of record in |
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206 | 206 | | 30 relation to the attendance of witnesses, punishment of contempts, and |
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207 | 207 | | 31 enforcement of the court's orders. The judges may administer oaths, |
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208 | 208 | | 32 solemnize marriages, take and certify acknowledgments of deeds and |
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209 | 209 | | 33 all legal instruments, and to give all necessary certificates for the |
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210 | 210 | | 34 authentication of the records and proceedings in the court. |
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211 | 211 | | 35 (d) The court has jurisdiction throughout Marion County and |
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212 | 212 | | 36 may be located in and hold trials and other proceedings from a |
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213 | 213 | | 37 courthouse located anywhere in Marion County. |
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214 | 214 | | 38 SECTION 14. IC 33-38-4-1 IS AMENDED TO READ AS |
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215 | 215 | | 39 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 1. (a) Except as |
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216 | 216 | | 40 provided in subsection (b), the judge of the circuit court in a county |
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217 | 217 | | 41 having a population of at least four hundred thousand (400,000) may |
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218 | 218 | | 42 appoint a chief clerk for the court. |
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219 | 219 | | 2025 IN 1536—LS 7543/DI 106 6 |
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220 | 220 | | 1 (b) If a county having a population of at least four hundred |
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221 | 221 | | 2 thousand (400,000) has more than one (1) circuit court judge, the |
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222 | 222 | | 3 judges may jointly appoint a chief clerk. |
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223 | 223 | | 4 SECTION 15. IC 33-39-1-1.5 IS ADDED TO THE INDIANA |
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224 | 224 | | 5 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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225 | 225 | | 6 [EFFECTIVE JANUARY 1, 2026]: Sec. 1.5. (a) The nineteenth |
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226 | 226 | | 7 judicial circuit (coextensive with Marion County) is abolished and |
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227 | 227 | | 8 replaced with the judicial circuits described in IC 33-33-49-2(b). By |
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228 | 228 | | 9 operation of law, the prosecuting attorney of the nineteenth |
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229 | 229 | | 10 judicial circuit becomes the prosecuting attorney of the one |
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230 | 230 | | 11 hundred and fourth judicial circuit (Center Township), and all |
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231 | 231 | | 12 employees, assets, liabilities, and pending proceedings are |
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232 | 232 | | 13 transferred from the nineteenth judicial circuit to the one hundred |
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233 | 233 | | 14 and fourth judicial circuit. |
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234 | 234 | | 15 SECTION 16. IC 33-39-1-5, AS AMENDED BY P.L.9-2022, |
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235 | 235 | | 16 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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236 | 236 | | 17 JANUARY 1, 2026]: Sec. 5. (a) Except as provided in |
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237 | 237 | | 18 IC 12-15-23-6(d), the prosecuting attorneys, within their respective |
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238 | 238 | | 19 jurisdictions, shall: |
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239 | 239 | | 20 (1) conduct all prosecutions for felonies, misdemeanors, or |
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240 | 240 | | 21 infractions and all suits on forfeited recognizances; |
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241 | 241 | | 22 (2) superintend, on behalf of counties or any of the trust funds, all |
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242 | 242 | | 23 suits in which the counties or trust funds may be interested or |
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243 | 243 | | 24 involved; and |
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244 | 244 | | 25 (3) perform all other duties required by law. |
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245 | 245 | | 26 (b) The prosecuting attorney of a judicial circuit located in |
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246 | 246 | | 27 Marion County has jurisdiction to perform the actions described |
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247 | 247 | | 28 in subsections (a)(1) and (a)(2) anywhere within Marion County. |
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248 | 248 | | 29 SECTION 17. IC 33-39-6-1, AS AMENDED BY P.L.55-2022, |
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249 | 249 | | 30 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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250 | 250 | | 31 JANUARY 1, 2026]: Sec. 1. (a) Prosecuting attorneys and deputy |
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251 | 251 | | 32 prosecuting attorneys are entitled to receive the compensation provided |
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252 | 252 | | 33 in this chapter. The minimum compensation of the prosecuting |
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253 | 253 | | 34 attorneys shall be paid in the manner prescribed in section 5 of this |
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254 | 254 | | 35 chapter. The compensation of the deputy prosecuting attorneys shall be |
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255 | 255 | | 36 paid in the manner prescribed in section 2 of this chapter. |
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256 | 256 | | 37 (b) Upon the allowance of an itemized and verified claim by the |
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257 | 257 | | 38 board of county commissioners, the auditor of the county shall issue a |
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258 | 258 | | 39 warrant to a prosecuting attorney or deputy prosecuting attorney who |
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259 | 259 | | 40 filed the claim to pay any part of the compensation of a prosecuting |
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260 | 260 | | 41 attorney or a deputy prosecuting attorney that exceeds the amount that |
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261 | 261 | | 42 the state is to pay. |
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262 | 262 | | 2025 IN 1536—LS 7543/DI 106 7 |
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263 | 263 | | 1 (c) A deputy prosecuting attorney who knowingly divides |
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264 | 264 | | 2 compensation with the prosecuting attorney or any other officer or |
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265 | 265 | | 3 person in connection with employment commits a Class B |
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266 | 266 | | 4 misdemeanor. |
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267 | 267 | | 5 (d) A prosecuting attorney or any other officer or person who |
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268 | 268 | | 6 knowingly accepts any division of compensation described in |
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269 | 269 | | 7 subsection (c) commits a Class B misdemeanor. |
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270 | 270 | | 8 (e) The prosecuting attorneys council of Indiana shall call at least |
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271 | 271 | | 9 one (1) and not more than two (2) conferences of the prosecuting |
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272 | 272 | | 10 attorneys, each year, to consider, discuss, and develop coordinated |
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273 | 273 | | 11 plans for the enforcement of the laws of Indiana. The conferences of |
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274 | 274 | | 12 the prosecuting attorneys are subject to the following: |
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275 | 275 | | 13 (1) The date or dates upon which the conferences are held shall |
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276 | 276 | | 14 be fixed by the prosecuting attorneys council of Indiana. |
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277 | 277 | | 15 (2) The expenses necessarily incurred by a prosecuting attorney |
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278 | 278 | | 16 in attending a conference, including the actual expense of |
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279 | 279 | | 17 transportation to and from the place where the conference is held, |
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280 | 280 | | 18 together with meals and lodging, shall be paid from the general |
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281 | 281 | | 19 fund of the county upon the presentation of an itemized and |
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282 | 282 | | 20 verified claim, filed as required by law, and by warrant issued by |
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283 | 283 | | 21 the county auditor. |
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284 | 284 | | 22 (3) If there is more than one (1) county in any judicial circuit, the |
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285 | 285 | | 23 expenses of the prosecuting attorneys incurred by virtue of this |
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286 | 286 | | 24 subsection shall be paid from the general fund of the respective |
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287 | 287 | | 25 counties constituting the circuit in the same proportion as the |
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288 | 288 | | 26 populations of the counties. |
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289 | 289 | | 27 (4) If there is more than one (1) judicial circuit in any county, |
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290 | 290 | | 28 the expenses of every prosecuting attorney located in the |
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291 | 291 | | 29 county that are incurred by virtue of this subsection shall be |
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292 | 292 | | 30 paid from the general fund of the county. |
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293 | 293 | | 31 SECTION 18. IC 33-39-6-10 IS ADDED TO THE INDIANA |
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294 | 294 | | 32 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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295 | 295 | | 33 [EFFECTIVE JANUARY 1, 2026]: Sec. 10. If there is more than one |
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296 | 296 | | 34 (1) judicial circuit in any county, the prosecuting attorneys of a |
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297 | 297 | | 35 judicial circuit located within that county may agree to share office |
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298 | 298 | | 36 space, courtrooms, and other facilities with the prosecuting |
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299 | 299 | | 37 attorney of any other judicial circuit located in that county. |
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300 | 300 | | 38 SECTION 19. IC 33-41-2-3 IS AMENDED TO READ AS |
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301 | 301 | | 39 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 3. As used in this |
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302 | 302 | | 40 chapter, "judicial circuit" means: |
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303 | 303 | | 41 (1) any county comprising a single judicial circuit; or |
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304 | 304 | | 42 (2) any combination of one (1) or more counties comprising a |
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305 | 305 | | 2025 IN 1536—LS 7543/DI 106 8 |
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306 | 306 | | 1 single judicial circuit; or |
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307 | 307 | | 2 (3) a judicial circuit located in a county containing more than |
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308 | 308 | | 3 one (1) judicial circuit. |
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309 | 309 | | 4 SECTION 20. IC 35-32-2-1, AS AMENDED BY P.L.115-2005, |
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310 | 310 | | 5 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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311 | 311 | | 6 JANUARY 1, 2026]: Sec. 1. (a) Criminal actions shall be tried in the |
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312 | 312 | | 7 county where the offense was committed, except as otherwise provided |
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313 | 313 | | 8 by law. |
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314 | 314 | | 9 (b) If a criminal offense is committed in Marion County, the |
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315 | 315 | | 10 criminal action shall be tried by the prosecuting attorney of the |
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316 | 316 | | 11 judicial circuit where the offense was committed, except as |
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317 | 317 | | 12 otherwise provided by law. If the trial may be held in Marion |
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318 | 318 | | 13 County under this section or otherwise, the trial may be held |
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319 | 319 | | 14 anywhere in Marion County. |
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320 | 320 | | 15 (b) (c) If a person committing an offense upon the person of another |
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321 | 321 | | 16 is located in one (1) county and the person's victim is located in another |
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322 | 322 | | 17 county at the time of the commission of the offense, the trial may be in |
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323 | 323 | | 18 either of the counties. |
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324 | 324 | | 19 (c) (d) If the offense involves killing or causing the death of another |
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325 | 325 | | 20 human being, the trial may be in the county in which the: |
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326 | 326 | | 21 (1) cause of death is inflicted; |
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327 | 327 | | 22 (2) death occurs; or |
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328 | 328 | | 23 (3) victim's body is found. |
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329 | 329 | | 24 (d) (e) If an offense is committed in Indiana and it cannot readily be |
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330 | 330 | | 25 determined in which county the offense was committed, trial may be in |
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331 | 331 | | 26 any county in which an act was committed in furtherance of the |
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332 | 332 | | 27 offense. |
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333 | 333 | | 28 (e) (f) If an offense is commenced outside Indiana and completed |
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334 | 334 | | 29 within Indiana, the offender may be tried in any county where any act |
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335 | 335 | | 30 in furtherance of the offense occurred. |
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336 | 336 | | 31 (f) (g) If an offense commenced inside Indiana is completed outside |
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337 | 337 | | 32 Indiana, the offender shall be tried in any county where an act in |
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338 | 338 | | 33 furtherance of the offense occurred. |
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339 | 339 | | 34 (g) (h) If an offense is committed on the portions of the Ohio or |
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340 | 340 | | 35 Wabash Rivers where they form a part of the boundaries of this state, |
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341 | 341 | | 36 trial may be in the county that is adjacent to the river and whose |
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342 | 342 | | 37 boundaries, if projected across the river, would include the place where |
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343 | 343 | | 38 the offense was committed. |
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344 | 344 | | 39 (h) (i) If an offense is committed at a place which is on or near a |
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345 | 345 | | 40 common boundary which is shared by two (2) or more counties and it |
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346 | 346 | | 41 cannot be readily determined where the offense was committed, then |
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347 | 347 | | 42 the trial may be in any county sharing the common boundary. |
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348 | 348 | | 2025 IN 1536—LS 7543/DI 106 9 |
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349 | 349 | | 1 (i) (j) If an offense is committed on a public highway (as defined in |
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350 | 350 | | 2 IC 9-25-2-4) that runs on and along a common boundary shared by two |
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351 | 351 | | 3 (2) or more counties, the trial may be held in any county sharing the |
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352 | 352 | | 4 common boundary. |
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353 | 353 | | 5 (j) (k) If an offense is committed by use of the Internet or another |
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354 | 354 | | 6 computer network (as defined in IC 35-43-2-3), the trial may be held |
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355 | 355 | | 7 in any county: |
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356 | 356 | | 8 (1) from which or to which access to the Internet or other |
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357 | 357 | | 9 computer network was made; or |
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358 | 358 | | 10 (2) in which any computer, computer data, computer software, or |
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359 | 359 | | 11 computer network that was used to access the Internet or other |
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360 | 360 | | 12 computer network is located. |
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361 | 361 | | 13 (k) (l) If an offense: |
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362 | 362 | | 14 (1) is committed by use of: |
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363 | 363 | | 15 (A) the Internet or another computer network (as defined in |
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364 | 364 | | 16 IC 35-43-2-3); or |
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365 | 365 | | 17 (B) another form of electronic communication; and |
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366 | 366 | | 18 (2) occurs outside Indiana and the victim of the offense resides in |
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367 | 367 | | 19 Indiana at the time of the offense; |
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368 | 368 | | 20 the trial may be held in the county where the victim resides at the time |
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369 | 369 | | 21 of the offense. |
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370 | 370 | | 22 SECTION 21. [EFFECTIVE JANUARY 1, 2026] (a) As used in |
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371 | 371 | | 23 this SECTION, "new court" means the Marion County Circuit |
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372 | 372 | | 24 Court (Center Township) (one hundred and fourth judicial circuit) |
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373 | 373 | | 25 established on January 1, 2026. |
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374 | 374 | | 26 (b) As used in this SECTION, "old court" means the Marion |
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375 | 375 | | 27 County Circuit Court (nineteenth judicial circuit) in existence on |
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376 | 376 | | 28 December 31, 2025. |
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377 | 377 | | 29 (c) On January 1, 2026, the judge of the old court becomes the |
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378 | 378 | | 30 judge of the new court without change in compensation, seniority, |
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379 | 379 | | 31 or benefits. The judge is entitled to have the judge's prior service |
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380 | 380 | | 32 included for purposes of computing any applicable employment |
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381 | 381 | | 33 and retirement benefits. |
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382 | 382 | | 34 (d) The term of the judge expires on the same date that the |
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383 | 383 | | 35 judge's term would have expired had the judge remained the judge |
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384 | 384 | | 36 of the old court. |
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385 | 385 | | 37 (e) The employees of the old court on December 31, 2025, |
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386 | 386 | | 38 become employees of the new court on January 1, 2026, without |
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387 | 387 | | 39 change in compensation, seniority, or benefits, and are entitled to |
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388 | 388 | | 40 have their service under the new court included for purposes of |
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389 | 389 | | 41 computing any applicable employment and retirement benefits. |
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390 | 390 | | 42 (f) All cases and proceedings pending before the old court on |
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391 | 391 | | 2025 IN 1536—LS 7543/DI 106 10 |
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392 | 392 | | 1 December 31, 2025, are transferred to the new court on January 1, |
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393 | 393 | | 2 2026. |
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394 | 394 | | 3 (g) On January 1, 2026, all agreements and liabilities of the old |
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395 | 395 | | 4 court are transferred to the new court. |
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396 | 396 | | 5 (h) On January 1, 2026, all records and property of the old |
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397 | 397 | | 6 court, including appropriations and other funds under the control |
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398 | 398 | | 7 or supervision of the old court, are transferred to the new court. |
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399 | 399 | | 8 (i) After December 31, 2025, any amounts owed to the old court |
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400 | 400 | | 9 before January 1, 2026, are considered to be owed to the new |
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401 | 401 | | 10 court. |
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402 | 402 | | 11 (j) Any rules, policies, or guidelines of the old court become |
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403 | 403 | | 12 rules, policies, or guidelines of the new court, until replaced, |
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404 | 404 | | 13 repealed, or superseded. |
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405 | 405 | | 14 (k) Until the remaining eight (8) circuit courts in Marion |
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406 | 406 | | 15 County are staffed and operational, the new court may operate |
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407 | 407 | | 16 under those policies of the old court that may be necessary to carry |
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408 | 408 | | 17 out the court's judicial responsibilities. |
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409 | 409 | | 18 (l) This SECTION expires January 1, 2030. |
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410 | 410 | | 19 SECTION 22. [EFFECTIVE JANUARY 1, 2026] (a) As used in |
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411 | 411 | | 20 this SECTION, "new office" means the office of the prosecuting |
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412 | 412 | | 21 attorney of the one hundred and fourth judicial circuit, established |
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413 | 413 | | 22 on January 1, 2026. |
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414 | 414 | | 23 (b) As used in this SECTION, "old office" means the office of |
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415 | 415 | | 24 the prosecuting attorney of the nineteenth judicial circuit (Marion |
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416 | 416 | | 25 County prosecuting attorney) in existence on December 31, 2025. |
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417 | 417 | | 26 (c) On January 1, 2026, the prosecuting attorney of the old |
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418 | 418 | | 27 office becomes the prosecuting attorney of the new office without |
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419 | 419 | | 28 change in compensation, seniority, or benefits. The prosecuting |
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420 | 420 | | 29 attorney is entitled to have the prosecuting attorney's prior service |
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421 | 421 | | 30 included for purposes of computing any applicable employment |
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422 | 422 | | 31 and retirement benefits. |
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423 | 423 | | 32 (d) The term of the prosecuting attorney expires on the same |
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424 | 424 | | 33 date that the prosecuting attorney's term would have expired had |
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425 | 425 | | 34 the prosecuting attorney remained the prosecuting attorney of the |
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426 | 426 | | 35 old office. |
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427 | 427 | | 36 (e) The employees of the old office on December 31, 2025, |
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428 | 428 | | 37 become employees of the new office on January 1, 2026, without |
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429 | 429 | | 38 change in compensation, seniority, or benefits, and are entitled to |
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430 | 430 | | 39 have their service under the new office included for purposes of |
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431 | 431 | | 40 computing any applicable employment and retirement benefits. |
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432 | 432 | | 41 (f) All open cases and proceedings of the old office on December |
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433 | 433 | | 42 31, 2025, are transferred to the new court on January 1, 2026. |
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434 | 434 | | 2025 IN 1536—LS 7543/DI 106 11 |
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435 | 435 | | 1 (g) On January 1, 2026, all agreements and liabilities of the old |
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436 | 436 | | 2 office are transferred to the new office. |
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437 | 437 | | 3 (h) On January 1, 2026, all records and property of the old |
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438 | 438 | | 4 office, including appropriations and other funds under the control |
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439 | 439 | | 5 or supervision of the old office, are transferred to the new office. |
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440 | 440 | | 6 (i) After December 31, 2025, any amounts owed to the old office |
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441 | 441 | | 7 before January 1, 2026, are considered to be owed to the new |
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442 | 442 | | 8 office. |
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443 | 443 | | 9 (j) Any rules, policies, or guidelines of the old office become |
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444 | 444 | | 10 rules, policies, or guidelines of the new office, until replaced, |
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445 | 445 | | 11 repealed, or superseded. |
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446 | 446 | | 12 (k) Until the remaining eight (8) elected prosecuting attorney |
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447 | 447 | | 13 offices in Marion County are staffed and operational, the new |
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448 | 448 | | 14 office may: |
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449 | 449 | | 15 (1) operate under those policies of the old office that may be |
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450 | 450 | | 16 necessary to carry out the office's prosecutorial |
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451 | 451 | | 17 responsibilities; and |
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452 | 452 | | 18 (2) notwithstanding any other law, exercise countywide |
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453 | 453 | | 19 jurisdiction. |
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454 | 454 | | 20 (l) This SECTION expires January 1, 2030. |
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455 | 455 | | 2025 IN 1536—LS 7543/DI 106 |
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