Indiana 2025 2025 Regular Session

Indiana Senate Bill SB0222 Introduced / Bill

Filed 01/08/2025

                     
Introduced Version
SENATE BILL No. 222
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 33-24-12.
Synopsis:  Civil legal aid fund. Limits how a legal services provider
may use funds from the civil legal aid fund. Relocates a provision
concerning fund distribution. Repeals the distribution formula of the
civil legal aid fund statute.
Effective:  July 1, 2025.
Carrasco
January 8, 2025, read first time and referred to Committee on Judiciary.
2025	IN 222—LS 7117/DI 151 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,
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  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.
SENATE BILL No. 222
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 33-24-12-4, AS AMENDED BY P.L.161-2018,
2 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 4. To be eligible for the receipt of funds under this
4 chapter, a legal services provider must meet the following
5 requirements:
6 (1) The legal services provider must have been:
7 (A) incorporated before July 2, 1997; or
8 (B) incorporated and providing civil legal aid to the indigent
9 for three (3) years immediately preceding the application for
10 funds from the civil legal aid fund.
11 (2) The legal services provider must submit an opt-in form to the
12 chief administrative officer of the office of judicial administration
13 before May 2 of each year. The form must include the following
14 information:
15 (A) The name, address, and telephone number of the legal
16 services provider.
17 (B) The Internal Revenue Code 501(c)(3) form of the legal
2025	IN 222—LS 7117/DI 151 2
1 services provider.
2 (C) The name and address of the chief administrative officer
3 and board president of the legal services provider.
4 (D) A list of all counties within the incorporated service area
5 of the legal services provider.
6 (E) Certification that the legal services provider has provided
7 legal services to indigent individuals within its service area for
8 the preceding three (3) years and that the legal services
9 provider will continue to provide legal services to the indigent
10 for the year following receipt of funds from the civil legal aid
11 fund.
12 (3) The legal services provider may not use funds provided
13 under this chapter to do any of the following:
14 (A) Make available funds, personnel, or equipment for use in
15 advocating or opposing a plan or proposal, represent a party,
16 or participate in litigation that is intended to or has the effect
17 of altering, revising, or reapportioning a legislative, a judicial,
18 or an elective district at any level of government, including
19 influencing the timing or manner of the taking of a census.
20 (B) Attempt to influence the issuance, amendment, or
21 revocation of an executive order, regulation, or other statement
22 of general applicability and future effect by a federal, state, or
23 local agency.
24 (C) Attempt to influence an adjudicatory proceeding of a
25 federal, state, or local agency if such part of the proceeding is
26 designed for the formulation or modification of an agency
27 policy of general applicability and future effect.
28 (D) Attempt to influence the passage or defeat of legislation,
29 a constitutional amendment, a referendum, an initiative, or
30 similar procedure of the Congress, a state, or a local legislative
31 body.
32 (E) Attempt to influence the conduct of oversight proceedings
33 of the Legal Services Corporation or a person or an entity
34 receiving financial assistance provided by the Legal Services
35 Corporation.
36 (F) Pay for a personal service, an advertisement, a telegram, a
37 telephone communication, a letter, printed or written matter,
38 an administrative expense, or a related expense, associated
39 with an activity prohibited in this subdivision.
40 (G) Initiate or participate in a class action suit.
41 (H) Support or conduct a training program for the purpose of
42 advocating a particular public policy or encouraging a political
2025	IN 222—LS 7117/DI 151 3
1 activity, a labor or an antilabor activity, a boycott, picketing,
2 a strike, or a demonstration, including the dissemination of
3 information about such a policy or activity. However, this
4 clause may not be construed to prohibit the training of an
5 attorney or a paralegal in the provision of:
6 (i) adequate legal assistance to eligible clients; or
7 (ii) advice to an eligible client as to the legal rights of the
8 client.
9 (I) Participate in litigation:
10 (i) on behalf of a person incarcerated in a federal, state, or
11 local prison; or
12 (ii) arising out of the incarceration of a person described in
13 item (i).
14 SECTION 2. IC 33-24-12-5, AS AMENDED BY P.L.201-2023,
15 SECTION 254, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The civil legal aid fund is
17 established to provide additional revenue for legal services providers.
18 (b) The fund is administered by the office of judicial administration.
19 (c) The expenses of administering the fund shall be paid from
20 money in the fund.
21 (d) Distributions from the fund shall be made on January 1 and
22 July 1 of each year. Money in the fund is annually appropriated to
23 carry out the purposes of the fund.
24 SECTION 3. IC 33-24-12-6 IS REPEALED [EFFECTIVE JULY 1,
25 2025]. Sec. 6. (a) The office of judicial administration shall annually
26 determine the amount to be distributed from the fund to each county's
27 legal services provider under the following formula:
28 STEP ONE: Determine the number of civil cases filed in the
29 county during the year as reported by the most recent Indiana
30 Judicial Report.
31 STEP TWO: Determine the number of civil cases filed in Indiana
32 during the year as reported by the most recent Indiana Judicial
33 Report.
34 STEP THREE: Divide the amount determined in STEP ONE by
35 the amount determined in STEP TWO.
36 STEP FOUR: Multiply the quotient determined in STEP THREE
37 by the annual amount of the appropriation from the state general
38 fund as provided in the state budget act.
39 Except as provided in subsection (b), the product determined in STEP
40 FOUR is the amount to be distributed to the legal services provider or
41 providers having the county in its service area.
42 (b) In a county where there is more than one (1) legal services
2025	IN 222—LS 7117/DI 151 4
1 provider, the amount distributed from the fund for that county shall be
2 distributed among the legal services providers in direct proportion to
3 the number of legal services providers in that county.
4 (c) Distributions from the fund shall be made on January 1 and July
5 1 of each year. Money in the fund is annually appropriated to carry out
6 the purposes of the fund.
2025	IN 222—LS 7117/DI 151