Introduced Version
HOUSE BILL No. 1536
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-12; IC 33-28-1; IC 33-29-5-7; IC 33-33-49;
IC 33-38-4-1; IC 33-39; IC 33-41-2-3; IC 35-32-2-1.
Synopsis: Judicial circuits. Establishes a judicial circuit for each
township in Marion County. (Under the Constitution of the State of
Indiana, a prosecuting attorney and circuit judge are required to be
elected in each judicial circuit.) Makes conforming amendments.
Effective: January 1, 2026.
Ireland
January 21, 2025, read first time and referred to Committee on Courts and Criminal Code.
2025 IN 1536—LS 7543/DI 106 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1536
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 31-12-1-1 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 1. (a) Except as
3 provided in subsection (b), this chapter applies only in judicial
4 circuits in which the judges of the superior and circuit courts determine
5 that:
6 (1) the social conditions in the county; and
7 (2) the number of domestic relations cases in the courts;
8 make the procedures provided in this chapter necessary for the full and
9 proper consideration of the cases and to carry out this chapter.
10 (b) This chapter applies in Marion County, if the judges of the
11 superior and circuit courts determine that:
12 (1) the social conditions in the county; and
13 (2) the number of domestic relations cases in the courts;
14 make the procedures provided in this chapter necessary for the full
15 and proper consideration of the cases and to carry out this chapter.
16 (b) (c) The majority of the judges of the superior and circuit courts
17 in each judicial circuit (or in Marion County, if applicable) shall
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1 make the determination under subsection (a) or (b) annually in
2 January.
3 SECTION 2. IC 31-12-1.5-1, AS ADDED BY P.L.80-2006,
4 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JANUARY 1, 2026]: Sec. 1. (a) Except as provided in subsection (b),
6 this chapter applies in a judicial circuit in which a majority of the
7 judges of the circuit and superior courts determine that:
8 (1) the social conditions of the county; and
9 (2) the number of domestic relations cases in the courts;
10 make the procedures described in IC 31-12-1 necessary for the full and
11 proper consideration of domestic relations cases.
12 (b) This chapter applies in Marion County, if the judges of the
13 superior and circuit courts in the county determine that:
14 (1) the social conditions in the county; and
15 (2) the number of domestic relations cases in the courts;
16 make the procedures provided in this chapter necessary for the full
17 and proper consideration of the cases and to carry out this chapter.
18 (b) (c) The judges shall make the determination described in
19 subsection (a) or (b) annually in January.
20 SECTION 3. IC 31-12-1.5-2, AS ADDED BY P.L.80-2006,
21 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JANUARY 1, 2026]: Sec. 2. If the judges of a judicial circuit (or
23 Marion County) make the determination described in section 1 of this
24 chapter, the judges shall designate by joint order one (1) or more of the
25 judges in the judicial circuit (or Marion County) to hear cases under
26 this chapter. A judge designated under this section may hold as many
27 sessions each week as are necessary for the prompt disposition of the
28 court's business.
29 SECTION 4. IC 31-12-2-1, AS AMENDED BY P.L.11-2023,
30 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JANUARY 1, 2026]: Sec. 1. This chapter applies only to the following:
32 (1) A judicial circuit in which there is located a consolidated city,
33 and if the judges of the superior court and the judge judges of the
34 circuit court courts in the county determine that the social
35 conditions in the county and the number of domestic relations
36 cases in the courts make the procedures provided under this
37 chapter necessary for the full and proper consideration of the
38 cases and the effectuation of the purposes of this chapter.
39 (2) A county having a population of more than four hundred
40 thousand (400,000) and less than seven hundred thousand
41 (700,000) in which the judge of the circuit court determines that
42 the social conditions in the county and the number of domestic
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1 relations cases in the county's courts make the procedures
2 provided under this chapter necessary for the full and proper
3 consideration of the cases and the effectuation of the purposes of
4 this chapter.
5 SECTION 5. IC 31-12-2-2, AS AMENDED BY P.L.11-2023,
6 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JANUARY 1, 2026]: Sec. 2. For:
8 (1) any judicial circuit in which there is located in a consolidated
9 city, the judges described in section 1(1) of this chapter may
10 establish a bureau of the courts; and
11 (2) a county having a population of more than four hundred
12 thousand (400,000) and less than seven hundred thousand
13 (700,000), the judge of the circuit court may establish a bureau of
14 the court;
15 known as the "Domestic Relations Counseling Bureau".
16 SECTION 6. IC 33-28-1-1 IS AMENDED TO READ AS
17 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 1. The circuit
18 court shall be held in the respective counties judicial circuits at times
19 as may be fixed by law. The court shall be styled "____________
20 Circuit Court", according to the name of the county in which it may be
21 held, or "Marion County Circuit Court (__________ Township)",
22 for a circuit court in Marion County.
23 SECTION 7. IC 33-28-1-2, AS AMENDED BY P.L.195-2019,
24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JANUARY 1, 2026]: Sec. 2. (a) All circuit courts have:
26 (1) original and concurrent jurisdiction in all civil cases and in all
27 criminal cases;
28 (2) original and concurrent jurisdiction with the superior courts in
29 all user fee cases;
30 (3) de novo appellate jurisdiction of appeals from city and town
31 courts; and
32 (4) in Marion County, de novo appellate jurisdiction of appeals
33 from township small claims courts established under IC 33-34.
34 (b) The circuit court also has the appellate jurisdiction that may be
35 conferred by law upon it.
36 (c) Each circuit court located in Marion County may:
37 (1) hold trials and other proceedings from a courthouse
38 located anywhere in Marion County; and
39 (2) may exercise jurisdiction throughout the county.
40 Circuit courts located in Marion County may agree to share office
41 space, courtrooms, and other facilities with other circuit courts
42 located in Marion County.
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1 SECTION 8. IC 33-28-1-6 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 6. When the
3 subject matter of a circuit court is situated in two (2) or more counties,
4 or two (2) or more judicial circuits within a county, the court that
5 takes cognizance of the matter first shall retain the matter.
6 SECTION 9. IC 33-28-1-7 IS AMENDED TO READ AS
7 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 7. The circuit
8 court of each county, or of each judicial circuit within a county, shall
9 have a seal. A description of the seal must be signed by the judge
10 devising the seal. The seal must be filed by the clerk and recorded.
11 SECTION 10. IC 33-28-1-8 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 8. (a) This section
13 applies to a new county or judicial circuit in which a seal has not been
14 devised for the county's circuit court or the circuit court of a judicial
15 circuit.
16 (b) The clerk of a circuit court located in a county subject to this
17 section may seal all papers required by law to be sealed with the seal
18 of the circuit court with the clerk's private seal. Papers sealed with the
19 clerk's seal under this section are considered to have been sealed with
20 a seal devised by the circuit court.
21 SECTION 11. IC 33-29-5-7 IS AMENDED TO READ AS
22 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 7. To be eligible
23 to hold office as a judge of a circuit or superior court, a person must
24 be a resident of the judicial circuit that the judge serves. However, a
25 judge of the Marion superior court may reside anywhere within
26 Marion County.
27 SECTION 12. IC 33-33-49-2, AS AMENDED BY P.L.17-2016,
28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JANUARY 1, 2026]: Sec. 2. (a) The nineteenth judicial circuit is
30 abolished. By operation of law, the judge of the nineteenth judicial
31 circuit becomes the judge of the one hundred and fourth judicial
32 circuit, and all employees, assets, liabilities, and pending
33 proceedings are transferred from the nineteenth judicial circuit to
34 the one hundred and fourth judicial circuit. The magistrate of the
35 nineteenth judicial circuit court becomes the magistrate of the one
36 hundred and fourth judicial circuit.
37 (a) (b) Marion County constitutes contains the nineteenth judicial
38 circuit. following judicial circuits:
39 (1) Pike Township constitutes the one hundredth judicial
40 circuit.
41 (2) Washington Township constitutes the one hundred and
42 first judicial circuit.
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1 (3) Lawrence Township constitutes the one hundred and
2 second judicial circuit.
3 (4) Wayne Township constitutes the one hundred and third
4 judicial circuit.
5 (5) Center Township constitutes the one hundred and fourth
6 judicial circuit.
7 (6) Warren Township constitutes the one hundred and fifth
8 judicial circuit.
9 (7) Decatur Township constitutes the one hundred and sixth
10 judicial circuit.
11 (8) Perry Township constitutes the one hundred and seventh
12 judicial circuit.
13 (9) Franklin Township constitutes the one hundred and eighth
14 judicial circuit.
15 (b) (c) The judge of the Marion the one hundred and fourth circuit
16 court (Marion County Circuit Court (Center Township)) may
17 appoint one (1) full-time magistrate under IC 33-23-5 to serve the
18 circuit court. The magistrate continues in office until removed by the
19 judge.
20 SECTION 13. IC 33-33-49-11 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 11. (a) The court
22 may adopt rules for conducting the business of the court. Except as
23 provided in subsection (b), in all matters action of the court may only
24 be taken by a vote of a majority of the judges sitting at the time the vote
25 is taken.
26 (b) Action of the court to remove the presiding judge or either
27 associate presiding judge may only be taken by a vote of two-thirds
28 (2/3) of the judges sitting at the time the vote is taken.
29 (c) The court has all the powers incident to a court of record in
30 relation to the attendance of witnesses, punishment of contempts, and
31 enforcement of the court's orders. The judges may administer oaths,
32 solemnize marriages, take and certify acknowledgments of deeds and
33 all legal instruments, and to give all necessary certificates for the
34 authentication of the records and proceedings in the court.
35 (d) The court has jurisdiction throughout Marion County and
36 may be located in and hold trials and other proceedings from a
37 courthouse located anywhere in Marion County.
38 SECTION 14. IC 33-38-4-1 IS AMENDED TO READ AS
39 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 1. (a) Except as
40 provided in subsection (b), the judge of the circuit court in a county
41 having a population of at least four hundred thousand (400,000) may
42 appoint a chief clerk for the court.
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1 (b) If a county having a population of at least four hundred
2 thousand (400,000) has more than one (1) circuit court judge, the
3 judges may jointly appoint a chief clerk.
4 SECTION 15. IC 33-39-1-1.5 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JANUARY 1, 2026]: Sec. 1.5. (a) The nineteenth
7 judicial circuit (coextensive with Marion County) is abolished and
8 replaced with the judicial circuits described in IC 33-33-49-2(b). By
9 operation of law, the prosecuting attorney of the nineteenth
10 judicial circuit becomes the prosecuting attorney of the one
11 hundred and fourth judicial circuit (Center Township), and all
12 employees, assets, liabilities, and pending proceedings are
13 transferred from the nineteenth judicial circuit to the one hundred
14 and fourth judicial circuit.
15 SECTION 16. IC 33-39-1-5, AS AMENDED BY P.L.9-2022,
16 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JANUARY 1, 2026]: Sec. 5. (a) Except as provided in
18 IC 12-15-23-6(d), the prosecuting attorneys, within their respective
19 jurisdictions, shall:
20 (1) conduct all prosecutions for felonies, misdemeanors, or
21 infractions and all suits on forfeited recognizances;
22 (2) superintend, on behalf of counties or any of the trust funds, all
23 suits in which the counties or trust funds may be interested or
24 involved; and
25 (3) perform all other duties required by law.
26 (b) The prosecuting attorney of a judicial circuit located in
27 Marion County has jurisdiction to perform the actions described
28 in subsections (a)(1) and (a)(2) anywhere within Marion County.
29 SECTION 17. IC 33-39-6-1, AS AMENDED BY P.L.55-2022,
30 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JANUARY 1, 2026]: Sec. 1. (a) Prosecuting attorneys and deputy
32 prosecuting attorneys are entitled to receive the compensation provided
33 in this chapter. The minimum compensation of the prosecuting
34 attorneys shall be paid in the manner prescribed in section 5 of this
35 chapter. The compensation of the deputy prosecuting attorneys shall be
36 paid in the manner prescribed in section 2 of this chapter.
37 (b) Upon the allowance of an itemized and verified claim by the
38 board of county commissioners, the auditor of the county shall issue a
39 warrant to a prosecuting attorney or deputy prosecuting attorney who
40 filed the claim to pay any part of the compensation of a prosecuting
41 attorney or a deputy prosecuting attorney that exceeds the amount that
42 the state is to pay.
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1 (c) A deputy prosecuting attorney who knowingly divides
2 compensation with the prosecuting attorney or any other officer or
3 person in connection with employment commits a Class B
4 misdemeanor.
5 (d) A prosecuting attorney or any other officer or person who
6 knowingly accepts any division of compensation described in
7 subsection (c) commits a Class B misdemeanor.
8 (e) The prosecuting attorneys council of Indiana shall call at least
9 one (1) and not more than two (2) conferences of the prosecuting
10 attorneys, each year, to consider, discuss, and develop coordinated
11 plans for the enforcement of the laws of Indiana. The conferences of
12 the prosecuting attorneys are subject to the following:
13 (1) The date or dates upon which the conferences are held shall
14 be fixed by the prosecuting attorneys council of Indiana.
15 (2) The expenses necessarily incurred by a prosecuting attorney
16 in attending a conference, including the actual expense of
17 transportation to and from the place where the conference is held,
18 together with meals and lodging, shall be paid from the general
19 fund of the county upon the presentation of an itemized and
20 verified claim, filed as required by law, and by warrant issued by
21 the county auditor.
22 (3) If there is more than one (1) county in any judicial circuit, the
23 expenses of the prosecuting attorneys incurred by virtue of this
24 subsection shall be paid from the general fund of the respective
25 counties constituting the circuit in the same proportion as the
26 populations of the counties.
27 (4) If there is more than one (1) judicial circuit in any county,
28 the expenses of every prosecuting attorney located in the
29 county that are incurred by virtue of this subsection shall be
30 paid from the general fund of the county.
31 SECTION 18. IC 33-39-6-10 IS ADDED TO THE INDIANA
32 CODE AS A NEW SECTION TO READ AS FOLLOWS
33 [EFFECTIVE JANUARY 1, 2026]: Sec. 10. If there is more than one
34 (1) judicial circuit in any county, the prosecuting attorneys of a
35 judicial circuit located within that county may agree to share office
36 space, courtrooms, and other facilities with the prosecuting
37 attorney of any other judicial circuit located in that county.
38 SECTION 19. IC 33-41-2-3 IS AMENDED TO READ AS
39 FOLLOWS [EFFECTIVE JANUARY 1, 2026]: Sec. 3. As used in this
40 chapter, "judicial circuit" means:
41 (1) any county comprising a single judicial circuit; or
42 (2) any combination of one (1) or more counties comprising a
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1 single judicial circuit; or
2 (3) a judicial circuit located in a county containing more than
3 one (1) judicial circuit.
4 SECTION 20. IC 35-32-2-1, AS AMENDED BY P.L.115-2005,
5 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JANUARY 1, 2026]: Sec. 1. (a) Criminal actions shall be tried in the
7 county where the offense was committed, except as otherwise provided
8 by law.
9 (b) If a criminal offense is committed in Marion County, the
10 criminal action shall be tried by the prosecuting attorney of the
11 judicial circuit where the offense was committed, except as
12 otherwise provided by law. If the trial may be held in Marion
13 County under this section or otherwise, the trial may be held
14 anywhere in Marion County.
15 (b) (c) If a person committing an offense upon the person of another
16 is located in one (1) county and the person's victim is located in another
17 county at the time of the commission of the offense, the trial may be in
18 either of the counties.
19 (c) (d) If the offense involves killing or causing the death of another
20 human being, the trial may be in the county in which the:
21 (1) cause of death is inflicted;
22 (2) death occurs; or
23 (3) victim's body is found.
24 (d) (e) If an offense is committed in Indiana and it cannot readily be
25 determined in which county the offense was committed, trial may be in
26 any county in which an act was committed in furtherance of the
27 offense.
28 (e) (f) If an offense is commenced outside Indiana and completed
29 within Indiana, the offender may be tried in any county where any act
30 in furtherance of the offense occurred.
31 (f) (g) If an offense commenced inside Indiana is completed outside
32 Indiana, the offender shall be tried in any county where an act in
33 furtherance of the offense occurred.
34 (g) (h) If an offense is committed on the portions of the Ohio or
35 Wabash Rivers where they form a part of the boundaries of this state,
36 trial may be in the county that is adjacent to the river and whose
37 boundaries, if projected across the river, would include the place where
38 the offense was committed.
39 (h) (i) If an offense is committed at a place which is on or near a
40 common boundary which is shared by two (2) or more counties and it
41 cannot be readily determined where the offense was committed, then
42 the trial may be in any county sharing the common boundary.
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1 (i) (j) If an offense is committed on a public highway (as defined in
2 IC 9-25-2-4) that runs on and along a common boundary shared by two
3 (2) or more counties, the trial may be held in any county sharing the
4 common boundary.
5 (j) (k) If an offense is committed by use of the Internet or another
6 computer network (as defined in IC 35-43-2-3), the trial may be held
7 in any county:
8 (1) from which or to which access to the Internet or other
9 computer network was made; or
10 (2) in which any computer, computer data, computer software, or
11 computer network that was used to access the Internet or other
12 computer network is located.
13 (k) (l) If an offense:
14 (1) is committed by use of:
15 (A) the Internet or another computer network (as defined in
16 IC 35-43-2-3); or
17 (B) another form of electronic communication; and
18 (2) occurs outside Indiana and the victim of the offense resides in
19 Indiana at the time of the offense;
20 the trial may be held in the county where the victim resides at the time
21 of the offense.
22 SECTION 21. [EFFECTIVE JANUARY 1, 2026] (a) As used in
23 this SECTION, "new court" means the Marion County Circuit
24 Court (Center Township) (one hundred and fourth judicial circuit)
25 established on January 1, 2026.
26 (b) As used in this SECTION, "old court" means the Marion
27 County Circuit Court (nineteenth judicial circuit) in existence on
28 December 31, 2025.
29 (c) On January 1, 2026, the judge of the old court becomes the
30 judge of the new court without change in compensation, seniority,
31 or benefits. The judge is entitled to have the judge's prior service
32 included for purposes of computing any applicable employment
33 and retirement benefits.
34 (d) The term of the judge expires on the same date that the
35 judge's term would have expired had the judge remained the judge
36 of the old court.
37 (e) The employees of the old court on December 31, 2025,
38 become employees of the new court on January 1, 2026, without
39 change in compensation, seniority, or benefits, and are entitled to
40 have their service under the new court included for purposes of
41 computing any applicable employment and retirement benefits.
42 (f) All cases and proceedings pending before the old court on
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1 December 31, 2025, are transferred to the new court on January 1,
2 2026.
3 (g) On January 1, 2026, all agreements and liabilities of the old
4 court are transferred to the new court.
5 (h) On January 1, 2026, all records and property of the old
6 court, including appropriations and other funds under the control
7 or supervision of the old court, are transferred to the new court.
8 (i) After December 31, 2025, any amounts owed to the old court
9 before January 1, 2026, are considered to be owed to the new
10 court.
11 (j) Any rules, policies, or guidelines of the old court become
12 rules, policies, or guidelines of the new court, until replaced,
13 repealed, or superseded.
14 (k) Until the remaining eight (8) circuit courts in Marion
15 County are staffed and operational, the new court may operate
16 under those policies of the old court that may be necessary to carry
17 out the court's judicial responsibilities.
18 (l) This SECTION expires January 1, 2030.
19 SECTION 22. [EFFECTIVE JANUARY 1, 2026] (a) As used in
20 this SECTION, "new office" means the office of the prosecuting
21 attorney of the one hundred and fourth judicial circuit, established
22 on January 1, 2026.
23 (b) As used in this SECTION, "old office" means the office of
24 the prosecuting attorney of the nineteenth judicial circuit (Marion
25 County prosecuting attorney) in existence on December 31, 2025.
26 (c) On January 1, 2026, the prosecuting attorney of the old
27 office becomes the prosecuting attorney of the new office without
28 change in compensation, seniority, or benefits. The prosecuting
29 attorney is entitled to have the prosecuting attorney's prior service
30 included for purposes of computing any applicable employment
31 and retirement benefits.
32 (d) The term of the prosecuting attorney expires on the same
33 date that the prosecuting attorney's term would have expired had
34 the prosecuting attorney remained the prosecuting attorney of the
35 old office.
36 (e) The employees of the old office on December 31, 2025,
37 become employees of the new office on January 1, 2026, without
38 change in compensation, seniority, or benefits, and are entitled to
39 have their service under the new office included for purposes of
40 computing any applicable employment and retirement benefits.
41 (f) All open cases and proceedings of the old office on December
42 31, 2025, are transferred to the new court on January 1, 2026.
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1 (g) On January 1, 2026, all agreements and liabilities of the old
2 office are transferred to the new office.
3 (h) On January 1, 2026, all records and property of the old
4 office, including appropriations and other funds under the control
5 or supervision of the old office, are transferred to the new office.
6 (i) After December 31, 2025, any amounts owed to the old office
7 before January 1, 2026, are considered to be owed to the new
8 office.
9 (j) Any rules, policies, or guidelines of the old office become
10 rules, policies, or guidelines of the new office, until replaced,
11 repealed, or superseded.
12 (k) Until the remaining eight (8) elected prosecuting attorney
13 offices in Marion County are staffed and operational, the new
14 office may:
15 (1) operate under those policies of the old office that may be
16 necessary to carry out the office's prosecutorial
17 responsibilities; and
18 (2) notwithstanding any other law, exercise countywide
19 jurisdiction.
20 (l) This SECTION expires January 1, 2030.
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