Indiana 2025 Regular Session

Indiana House Bill HB1536 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1536
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 31-12; IC 33-28-1; IC 33-29-5-7; IC 33-33-49;
77 IC 33-38-4-1; IC 33-39; IC 33-41-2-3; IC 35-32-2-1.
88 Synopsis: Judicial circuits. Establishes a judicial circuit for each
99 township in Marion County. (Under the Constitution of the State of
1010 Indiana, a prosecuting attorney and circuit judge are required to be
1111 elected in each judicial circuit.) Makes conforming amendments.
1212 Effective: January 1, 2026.
1313 Ireland
1414 January 21, 2025, read first time and referred to Committee on Courts and Criminal Code.
1515 2025 IN 1536—LS 7543/DI 106 Introduced
1616 First Regular Session of the 124th General Assembly (2025)
1717 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1818 Constitution) is being amended, the text of the existing provision will appear in this style type,
1919 additions will appear in this style type, and deletions will appear in this style type.
2020 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2121 provision adopted), the text of the new provision will appear in this style type. Also, the
2222 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2323 a new provision to the Indiana Code or the Indiana Constitution.
2424 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2525 between statutes enacted by the 2024 Regular Session of the General Assembly.
2626 HOUSE BILL No. 1536
2727 A BILL FOR AN ACT to amend the Indiana Code concerning
2828 courts and court officers.
2929 Be it enacted by the General Assembly of the State of Indiana:
3030 1 SECTION 1. IC 31-12-1-1 IS AMENDED TO READ AS
3131 2 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 1. (a) Except as
3232 3 provided in subsection (b), this chapter applies only in judicial
3333 4 circuits in which the judges of the superior and circuit courts determine
3434 5 that:
3535 6 (1) the social conditions in the county; and
3636 7 (2) the number of domestic relations cases in the courts;
3737 8 make the procedures provided in this chapter necessary for the full and
3838 9 proper consideration of the cases and to carry out this chapter.
3939 10 (b) This chapter applies in Marion County, if the judges of the
4040 11 superior and circuit courts determine that:
4141 12 (1) the social conditions in the county; and
4242 13 (2) the number of domestic relations cases in the courts;
4343 14 make the procedures provided in this chapter necessary for the full
4444 15 and proper consideration of the cases and to carry out this chapter.
4545 16 (b) (c) The majority of the judges of the superior and circuit courts
4646 17 in each judicial circuit (or in Marion County, if applicable) shall
4747 2025 IN 1536—LS 7543/DI 106 2
4848 1 make the determination under subsection (a) or (b) annually in
4949 2 January.
5050 3 SECTION 2. IC 31-12-1.5-1, AS ADDED BY P.L.80-2006,
5151 4 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5252 5 JANUARY 1, 2026]: Sec. 1. (a) Except as provided in subsection (b),
5353 6 this chapter applies in a judicial circuit in which a majority of the
5454 7 judges of the circuit and superior courts determine that:
5555 8 (1) the social conditions of the county; and
5656 9 (2) the number of domestic relations cases in the courts;
5757 10 make the procedures described in IC 31-12-1 necessary for the full and
5858 11 proper consideration of domestic relations cases.
5959 12 (b) This chapter applies in Marion County, if the judges of the
6060 13 superior and circuit courts in the county determine that:
6161 14 (1) the social conditions in the county; and
6262 15 (2) the number of domestic relations cases in the courts;
6363 16 make the procedures provided in this chapter necessary for the full
6464 17 and proper consideration of the cases and to carry out this chapter.
6565 18 (b) (c) The judges shall make the determination described in
6666 19 subsection (a) or (b) annually in January.
6767 20 SECTION 3. IC 31-12-1.5-2, AS ADDED BY P.L.80-2006,
6868 21 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6969 22 JANUARY 1, 2026]: Sec. 2. If the judges of a judicial circuit (or
7070 23 Marion County) make the determination described in section 1 of this
7171 24 chapter, the judges shall designate by joint order one (1) or more of the
7272 25 judges in the judicial circuit (or Marion County) to hear cases under
7373 26 this chapter. A judge designated under this section may hold as many
7474 27 sessions each week as are necessary for the prompt disposition of the
7575 28 court's business.
7676 29 SECTION 4. IC 31-12-2-1, AS AMENDED BY P.L.11-2023,
7777 30 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7878 31 JANUARY 1, 2026]: Sec. 1. This chapter applies only to the following:
7979 32 (1) A judicial circuit in which there is located a consolidated city,
8080 33 and if the judges of the superior court and the judge judges of the
8181 34 circuit court courts in the county determine that the social
8282 35 conditions in the county and the number of domestic relations
8383 36 cases in the courts make the procedures provided under this
8484 37 chapter necessary for the full and proper consideration of the
8585 38 cases and the effectuation of the purposes of this chapter.
8686 39 (2) A county having a population of more than four hundred
8787 40 thousand (400,000) and less than seven hundred thousand
8888 41 (700,000) in which the judge of the circuit court determines that
8989 42 the social conditions in the county and the number of domestic
9090 2025 IN 1536—LS 7543/DI 106 3
9191 1 relations cases in the county's courts make the procedures
9292 2 provided under this chapter necessary for the full and proper
9393 3 consideration of the cases and the effectuation of the purposes of
9494 4 this chapter.
9595 5 SECTION 5. IC 31-12-2-2, AS AMENDED BY P.L.11-2023,
9696 6 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9797 7 JANUARY 1, 2026]: Sec. 2. For:
9898 8 (1) any judicial circuit in which there is located in a consolidated
9999 9 city, the judges described in section 1(1) of this chapter may
100100 10 establish a bureau of the courts; and
101101 11 (2) a county having a population of more than four hundred
102102 12 thousand (400,000) and less than seven hundred thousand
103103 13 (700,000), the judge of the circuit court may establish a bureau of
104104 14 the court;
105105 15 known as the "Domestic Relations Counseling Bureau".
106106 16 SECTION 6. IC 33-28-1-1 IS AMENDED TO READ AS
107107 17 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 1. The circuit
108108 18 court shall be held in the respective counties judicial circuits at times
109109 19 as may be fixed by law. The court shall be styled "____________
110110 20 Circuit Court", according to the name of the county in which it may be
111111 21 held, or "Marion County Circuit Court (__________ Township)",
112112 22 for a circuit court in Marion County.
113113 23 SECTION 7. IC 33-28-1-2, AS AMENDED BY P.L.195-2019,
114114 24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
115115 25 JANUARY 1, 2026]: Sec. 2. (a) All circuit courts have:
116116 26 (1) original and concurrent jurisdiction in all civil cases and in all
117117 27 criminal cases;
118118 28 (2) original and concurrent jurisdiction with the superior courts in
119119 29 all user fee cases;
120120 30 (3) de novo appellate jurisdiction of appeals from city and town
121121 31 courts; and
122122 32 (4) in Marion County, de novo appellate jurisdiction of appeals
123123 33 from township small claims courts established under IC 33-34.
124124 34 (b) The circuit court also has the appellate jurisdiction that may be
125125 35 conferred by law upon it.
126126 36 (c) Each circuit court located in Marion County may:
127127 37 (1) hold trials and other proceedings from a courthouse
128128 38 located anywhere in Marion County; and
129129 39 (2) may exercise jurisdiction throughout the county.
130130 40 Circuit courts located in Marion County may agree to share office
131131 41 space, courtrooms, and other facilities with other circuit courts
132132 42 located in Marion County.
133133 2025 IN 1536—LS 7543/DI 106 4
134134 1 SECTION 8. IC 33-28-1-6 IS AMENDED TO READ AS
135135 2 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 6. When the
136136 3 subject matter of a circuit court is situated in two (2) or more counties,
137137 4 or two (2) or more judicial circuits within a county, the court that
138138 5 takes cognizance of the matter first shall retain the matter.
139139 6 SECTION 9. IC 33-28-1-7 IS AMENDED TO READ AS
140140 7 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 7. The circuit
141141 8 court of each county, or of each judicial circuit within a county, shall
142142 9 have a seal. A description of the seal must be signed by the judge
143143 10 devising the seal. The seal must be filed by the clerk and recorded.
144144 11 SECTION 10. IC 33-28-1-8 IS AMENDED TO READ AS
145145 12 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 8. (a) This section
146146 13 applies to a new county or judicial circuit in which a seal has not been
147147 14 devised for the county's circuit court or the circuit court of a judicial
148148 15 circuit.
149149 16 (b) The clerk of a circuit court located in a county subject to this
150150 17 section may seal all papers required by law to be sealed with the seal
151151 18 of the circuit court with the clerk's private seal. Papers sealed with the
152152 19 clerk's seal under this section are considered to have been sealed with
153153 20 a seal devised by the circuit court.
154154 21 SECTION 11. IC 33-29-5-7 IS AMENDED TO READ AS
155155 22 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 7. To be eligible
156156 23 to hold office as a judge of a circuit or superior court, a person must
157157 24 be a resident of the judicial circuit that the judge serves. However, a
158158 25 judge of the Marion superior court may reside anywhere within
159159 26 Marion County.
160160 27 SECTION 12. IC 33-33-49-2, AS AMENDED BY P.L.17-2016,
161161 28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
162162 29 JANUARY 1, 2026]: Sec. 2. (a) The nineteenth judicial circuit is
163163 30 abolished. By operation of law, the judge of the nineteenth judicial
164164 31 circuit becomes the judge of the one hundred and fourth judicial
165165 32 circuit, and all employees, assets, liabilities, and pending
166166 33 proceedings are transferred from the nineteenth judicial circuit to
167167 34 the one hundred and fourth judicial circuit. The magistrate of the
168168 35 nineteenth judicial circuit court becomes the magistrate of the one
169169 36 hundred and fourth judicial circuit.
170170 37 (a) (b) Marion County constitutes contains the nineteenth judicial
171171 38 circuit. following judicial circuits:
172172 39 (1) Pike Township constitutes the one hundredth judicial
173173 40 circuit.
174174 41 (2) Washington Township constitutes the one hundred and
175175 42 first judicial circuit.
176176 2025 IN 1536—LS 7543/DI 106 5
177177 1 (3) Lawrence Township constitutes the one hundred and
178178 2 second judicial circuit.
179179 3 (4) Wayne Township constitutes the one hundred and third
180180 4 judicial circuit.
181181 5 (5) Center Township constitutes the one hundred and fourth
182182 6 judicial circuit.
183183 7 (6) Warren Township constitutes the one hundred and fifth
184184 8 judicial circuit.
185185 9 (7) Decatur Township constitutes the one hundred and sixth
186186 10 judicial circuit.
187187 11 (8) Perry Township constitutes the one hundred and seventh
188188 12 judicial circuit.
189189 13 (9) Franklin Township constitutes the one hundred and eighth
190190 14 judicial circuit.
191191 15 (b) (c) The judge of the Marion the one hundred and fourth circuit
192192 16 court (Marion County Circuit Court (Center Township)) may
193193 17 appoint one (1) full-time magistrate under IC 33-23-5 to serve the
194194 18 circuit court. The magistrate continues in office until removed by the
195195 19 judge.
196196 20 SECTION 13. IC 33-33-49-11 IS AMENDED TO READ AS
197197 21 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 11. (a) The court
198198 22 may adopt rules for conducting the business of the court. Except as
199199 23 provided in subsection (b), in all matters action of the court may only
200200 24 be taken by a vote of a majority of the judges sitting at the time the vote
201201 25 is taken.
202202 26 (b) Action of the court to remove the presiding judge or either
203203 27 associate presiding judge may only be taken by a vote of two-thirds
204204 28 (2/3) of the judges sitting at the time the vote is taken.
205205 29 (c) The court has all the powers incident to a court of record in
206206 30 relation to the attendance of witnesses, punishment of contempts, and
207207 31 enforcement of the court's orders. The judges may administer oaths,
208208 32 solemnize marriages, take and certify acknowledgments of deeds and
209209 33 all legal instruments, and to give all necessary certificates for the
210210 34 authentication of the records and proceedings in the court.
211211 35 (d) The court has jurisdiction throughout Marion County and
212212 36 may be located in and hold trials and other proceedings from a
213213 37 courthouse located anywhere in Marion County.
214214 38 SECTION 14. IC 33-38-4-1 IS AMENDED TO READ AS
215215 39 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 1. (a) Except as
216216 40 provided in subsection (b), the judge of the circuit court in a county
217217 41 having a population of at least four hundred thousand (400,000) may
218218 42 appoint a chief clerk for the court.
219219 2025 IN 1536—LS 7543/DI 106 6
220220 1 (b) If a county having a population of at least four hundred
221221 2 thousand (400,000) has more than one (1) circuit court judge, the
222222 3 judges may jointly appoint a chief clerk.
223223 4 SECTION 15. IC 33-39-1-1.5 IS ADDED TO THE INDIANA
224224 5 CODE AS A NEW SECTION TO READ AS FOLLOWS
225225 6 [EFFECTIVE JANUARY 1, 2026]: Sec. 1.5. (a) The nineteenth
226226 7 judicial circuit (coextensive with Marion County) is abolished and
227227 8 replaced with the judicial circuits described in IC 33-33-49-2(b). By
228228 9 operation of law, the prosecuting attorney of the nineteenth
229229 10 judicial circuit becomes the prosecuting attorney of the one
230230 11 hundred and fourth judicial circuit (Center Township), and all
231231 12 employees, assets, liabilities, and pending proceedings are
232232 13 transferred from the nineteenth judicial circuit to the one hundred
233233 14 and fourth judicial circuit.
234234 15 SECTION 16. IC 33-39-1-5, AS AMENDED BY P.L.9-2022,
235235 16 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
236236 17 JANUARY 1, 2026]: Sec. 5. (a) Except as provided in
237237 18 IC 12-15-23-6(d), the prosecuting attorneys, within their respective
238238 19 jurisdictions, shall:
239239 20 (1) conduct all prosecutions for felonies, misdemeanors, or
240240 21 infractions and all suits on forfeited recognizances;
241241 22 (2) superintend, on behalf of counties or any of the trust funds, all
242242 23 suits in which the counties or trust funds may be interested or
243243 24 involved; and
244244 25 (3) perform all other duties required by law.
245245 26 (b) The prosecuting attorney of a judicial circuit located in
246246 27 Marion County has jurisdiction to perform the actions described
247247 28 in subsections (a)(1) and (a)(2) anywhere within Marion County.
248248 29 SECTION 17. IC 33-39-6-1, AS AMENDED BY P.L.55-2022,
249249 30 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
250250 31 JANUARY 1, 2026]: Sec. 1. (a) Prosecuting attorneys and deputy
251251 32 prosecuting attorneys are entitled to receive the compensation provided
252252 33 in this chapter. The minimum compensation of the prosecuting
253253 34 attorneys shall be paid in the manner prescribed in section 5 of this
254254 35 chapter. The compensation of the deputy prosecuting attorneys shall be
255255 36 paid in the manner prescribed in section 2 of this chapter.
256256 37 (b) Upon the allowance of an itemized and verified claim by the
257257 38 board of county commissioners, the auditor of the county shall issue a
258258 39 warrant to a prosecuting attorney or deputy prosecuting attorney who
259259 40 filed the claim to pay any part of the compensation of a prosecuting
260260 41 attorney or a deputy prosecuting attorney that exceeds the amount that
261261 42 the state is to pay.
262262 2025 IN 1536—LS 7543/DI 106 7
263263 1 (c) A deputy prosecuting attorney who knowingly divides
264264 2 compensation with the prosecuting attorney or any other officer or
265265 3 person in connection with employment commits a Class B
266266 4 misdemeanor.
267267 5 (d) A prosecuting attorney or any other officer or person who
268268 6 knowingly accepts any division of compensation described in
269269 7 subsection (c) commits a Class B misdemeanor.
270270 8 (e) The prosecuting attorneys council of Indiana shall call at least
271271 9 one (1) and not more than two (2) conferences of the prosecuting
272272 10 attorneys, each year, to consider, discuss, and develop coordinated
273273 11 plans for the enforcement of the laws of Indiana. The conferences of
274274 12 the prosecuting attorneys are subject to the following:
275275 13 (1) The date or dates upon which the conferences are held shall
276276 14 be fixed by the prosecuting attorneys council of Indiana.
277277 15 (2) The expenses necessarily incurred by a prosecuting attorney
278278 16 in attending a conference, including the actual expense of
279279 17 transportation to and from the place where the conference is held,
280280 18 together with meals and lodging, shall be paid from the general
281281 19 fund of the county upon the presentation of an itemized and
282282 20 verified claim, filed as required by law, and by warrant issued by
283283 21 the county auditor.
284284 22 (3) If there is more than one (1) county in any judicial circuit, the
285285 23 expenses of the prosecuting attorneys incurred by virtue of this
286286 24 subsection shall be paid from the general fund of the respective
287287 25 counties constituting the circuit in the same proportion as the
288288 26 populations of the counties.
289289 27 (4) If there is more than one (1) judicial circuit in any county,
290290 28 the expenses of every prosecuting attorney located in the
291291 29 county that are incurred by virtue of this subsection shall be
292292 30 paid from the general fund of the county.
293293 31 SECTION 18. IC 33-39-6-10 IS ADDED TO THE INDIANA
294294 32 CODE AS A NEW SECTION TO READ AS FOLLOWS
295295 33 [EFFECTIVE JANUARY 1, 2026]: Sec. 10. If there is more than one
296296 34 (1) judicial circuit in any county, the prosecuting attorneys of a
297297 35 judicial circuit located within that county may agree to share office
298298 36 space, courtrooms, and other facilities with the prosecuting
299299 37 attorney of any other judicial circuit located in that county.
300300 38 SECTION 19. IC 33-41-2-3 IS AMENDED TO READ AS
301301 39 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 3. As used in this
302302 40 chapter, "judicial circuit" means:
303303 41 (1) any county comprising a single judicial circuit; or
304304 42 (2) any combination of one (1) or more counties comprising a
305305 2025 IN 1536—LS 7543/DI 106 8
306306 1 single judicial circuit; or
307307 2 (3) a judicial circuit located in a county containing more than
308308 3 one (1) judicial circuit.
309309 4 SECTION 20. IC 35-32-2-1, AS AMENDED BY P.L.115-2005,
310310 5 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
311311 6 JANUARY 1, 2026]: Sec. 1. (a) Criminal actions shall be tried in the
312312 7 county where the offense was committed, except as otherwise provided
313313 8 by law.
314314 9 (b) If a criminal offense is committed in Marion County, the
315315 10 criminal action shall be tried by the prosecuting attorney of the
316316 11 judicial circuit where the offense was committed, except as
317317 12 otherwise provided by law. If the trial may be held in Marion
318318 13 County under this section or otherwise, the trial may be held
319319 14 anywhere in Marion County.
320320 15 (b) (c) If a person committing an offense upon the person of another
321321 16 is located in one (1) county and the person's victim is located in another
322322 17 county at the time of the commission of the offense, the trial may be in
323323 18 either of the counties.
324324 19 (c) (d) If the offense involves killing or causing the death of another
325325 20 human being, the trial may be in the county in which the:
326326 21 (1) cause of death is inflicted;
327327 22 (2) death occurs; or
328328 23 (3) victim's body is found.
329329 24 (d) (e) If an offense is committed in Indiana and it cannot readily be
330330 25 determined in which county the offense was committed, trial may be in
331331 26 any county in which an act was committed in furtherance of the
332332 27 offense.
333333 28 (e) (f) If an offense is commenced outside Indiana and completed
334334 29 within Indiana, the offender may be tried in any county where any act
335335 30 in furtherance of the offense occurred.
336336 31 (f) (g) If an offense commenced inside Indiana is completed outside
337337 32 Indiana, the offender shall be tried in any county where an act in
338338 33 furtherance of the offense occurred.
339339 34 (g) (h) If an offense is committed on the portions of the Ohio or
340340 35 Wabash Rivers where they form a part of the boundaries of this state,
341341 36 trial may be in the county that is adjacent to the river and whose
342342 37 boundaries, if projected across the river, would include the place where
343343 38 the offense was committed.
344344 39 (h) (i) If an offense is committed at a place which is on or near a
345345 40 common boundary which is shared by two (2) or more counties and it
346346 41 cannot be readily determined where the offense was committed, then
347347 42 the trial may be in any county sharing the common boundary.
348348 2025 IN 1536—LS 7543/DI 106 9
349349 1 (i) (j) If an offense is committed on a public highway (as defined in
350350 2 IC 9-25-2-4) that runs on and along a common boundary shared by two
351351 3 (2) or more counties, the trial may be held in any county sharing the
352352 4 common boundary.
353353 5 (j) (k) If an offense is committed by use of the Internet or another
354354 6 computer network (as defined in IC 35-43-2-3), the trial may be held
355355 7 in any county:
356356 8 (1) from which or to which access to the Internet or other
357357 9 computer network was made; or
358358 10 (2) in which any computer, computer data, computer software, or
359359 11 computer network that was used to access the Internet or other
360360 12 computer network is located.
361361 13 (k) (l) If an offense:
362362 14 (1) is committed by use of:
363363 15 (A) the Internet or another computer network (as defined in
364364 16 IC 35-43-2-3); or
365365 17 (B) another form of electronic communication; and
366366 18 (2) occurs outside Indiana and the victim of the offense resides in
367367 19 Indiana at the time of the offense;
368368 20 the trial may be held in the county where the victim resides at the time
369369 21 of the offense.
370370 22 SECTION 21. [EFFECTIVE JANUARY 1, 2026] (a) As used in
371371 23 this SECTION, "new court" means the Marion County Circuit
372372 24 Court (Center Township) (one hundred and fourth judicial circuit)
373373 25 established on January 1, 2026.
374374 26 (b) As used in this SECTION, "old court" means the Marion
375375 27 County Circuit Court (nineteenth judicial circuit) in existence on
376376 28 December 31, 2025.
377377 29 (c) On January 1, 2026, the judge of the old court becomes the
378378 30 judge of the new court without change in compensation, seniority,
379379 31 or benefits. The judge is entitled to have the judge's prior service
380380 32 included for purposes of computing any applicable employment
381381 33 and retirement benefits.
382382 34 (d) The term of the judge expires on the same date that the
383383 35 judge's term would have expired had the judge remained the judge
384384 36 of the old court.
385385 37 (e) The employees of the old court on December 31, 2025,
386386 38 become employees of the new court on January 1, 2026, without
387387 39 change in compensation, seniority, or benefits, and are entitled to
388388 40 have their service under the new court included for purposes of
389389 41 computing any applicable employment and retirement benefits.
390390 42 (f) All cases and proceedings pending before the old court on
391391 2025 IN 1536—LS 7543/DI 106 10
392392 1 December 31, 2025, are transferred to the new court on January 1,
393393 2 2026.
394394 3 (g) On January 1, 2026, all agreements and liabilities of the old
395395 4 court are transferred to the new court.
396396 5 (h) On January 1, 2026, all records and property of the old
397397 6 court, including appropriations and other funds under the control
398398 7 or supervision of the old court, are transferred to the new court.
399399 8 (i) After December 31, 2025, any amounts owed to the old court
400400 9 before January 1, 2026, are considered to be owed to the new
401401 10 court.
402402 11 (j) Any rules, policies, or guidelines of the old court become
403403 12 rules, policies, or guidelines of the new court, until replaced,
404404 13 repealed, or superseded.
405405 14 (k) Until the remaining eight (8) circuit courts in Marion
406406 15 County are staffed and operational, the new court may operate
407407 16 under those policies of the old court that may be necessary to carry
408408 17 out the court's judicial responsibilities.
409409 18 (l) This SECTION expires January 1, 2030.
410410 19 SECTION 22. [EFFECTIVE JANUARY 1, 2026] (a) As used in
411411 20 this SECTION, "new office" means the office of the prosecuting
412412 21 attorney of the one hundred and fourth judicial circuit, established
413413 22 on January 1, 2026.
414414 23 (b) As used in this SECTION, "old office" means the office of
415415 24 the prosecuting attorney of the nineteenth judicial circuit (Marion
416416 25 County prosecuting attorney) in existence on December 31, 2025.
417417 26 (c) On January 1, 2026, the prosecuting attorney of the old
418418 27 office becomes the prosecuting attorney of the new office without
419419 28 change in compensation, seniority, or benefits. The prosecuting
420420 29 attorney is entitled to have the prosecuting attorney's prior service
421421 30 included for purposes of computing any applicable employment
422422 31 and retirement benefits.
423423 32 (d) The term of the prosecuting attorney expires on the same
424424 33 date that the prosecuting attorney's term would have expired had
425425 34 the prosecuting attorney remained the prosecuting attorney of the
426426 35 old office.
427427 36 (e) The employees of the old office on December 31, 2025,
428428 37 become employees of the new office on January 1, 2026, without
429429 38 change in compensation, seniority, or benefits, and are entitled to
430430 39 have their service under the new office included for purposes of
431431 40 computing any applicable employment and retirement benefits.
432432 41 (f) All open cases and proceedings of the old office on December
433433 42 31, 2025, are transferred to the new court on January 1, 2026.
434434 2025 IN 1536—LS 7543/DI 106 11
435435 1 (g) On January 1, 2026, all agreements and liabilities of the old
436436 2 office are transferred to the new office.
437437 3 (h) On January 1, 2026, all records and property of the old
438438 4 office, including appropriations and other funds under the control
439439 5 or supervision of the old office, are transferred to the new office.
440440 6 (i) After December 31, 2025, any amounts owed to the old office
441441 7 before January 1, 2026, are considered to be owed to the new
442442 8 office.
443443 9 (j) Any rules, policies, or guidelines of the old office become
444444 10 rules, policies, or guidelines of the new office, until replaced,
445445 11 repealed, or superseded.
446446 12 (k) Until the remaining eight (8) elected prosecuting attorney
447447 13 offices in Marion County are staffed and operational, the new
448448 14 office may:
449449 15 (1) operate under those policies of the old office that may be
450450 16 necessary to carry out the office's prosecutorial
451451 17 responsibilities; and
452452 18 (2) notwithstanding any other law, exercise countywide
453453 19 jurisdiction.
454454 20 (l) This SECTION expires January 1, 2030.
455455 2025 IN 1536—LS 7543/DI 106