First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 222
AN ACT to amend the Indiana Code concerning courts and court
officers.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 33-24-12-4, AS AMENDED BY P.L.161-2018,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. To be eligible for the receipt of funds under this
chapter, a legal services provider must meet the following
requirements:
(1) The legal services provider must have been:
(A) incorporated before July 2, 1997; or
(B) incorporated and providing civil legal aid to the indigent
for three (3) years immediately preceding the application for
funds from the civil legal aid fund.
(2) The legal services provider must submit an opt-in form to the
chief administrative officer of the office of judicial administration
before May 2 of each year. The form must include the following
information:
(A) The name, address, and telephone number of the legal
services provider.
(B) The Internal Revenue Code 501(c)(3) form of the legal
services provider.
(C) The name and address of the chief administrative officer
and board president of the legal services provider.
(D) A list of all counties within the incorporated service area
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of the legal services provider.
(E) Certification that the legal services provider has provided
legal services to indigent individuals within its service area for
the preceding three (3) years and that the legal services
provider will continue to provide legal services to the indigent
for the year following receipt of funds from the civil legal aid
fund.
(3) The legal services provider may not use funds provided
under this chapter to do any of the following:
(A) Make available funds, personnel, or equipment for use in
advocating or opposing a plan or proposal, represent a party,
or participate in litigation that is intended to or has the effect
of altering, revising, or reapportioning a legislative, a judicial,
or an elective district at any level of government, including
influencing the timing or manner of the taking of a census.
(B) Attempt to influence the issuance, amendment, or
revocation of an executive order, regulation, or other statement
of general applicability and future effect by a federal, state, or
local agency.
(C) Attempt to influence an adjudicatory proceeding of a
federal, state, or local agency if such part of the proceeding is
designed for the formulation or modification of an agency
policy of general applicability and future effect.
(D) Attempt to influence the passage or defeat of legislation,
a constitutional amendment, a referendum, an initiative, or
similar procedure of the Congress, a state, or a local legislative
body.
(E) Attempt to influence the conduct of oversight proceedings
of the Legal Services Corporation or a person or an entity
receiving financial assistance provided by the Legal Services
Corporation.
(F) Pay for a personal service, an advertisement, a telegram, a
telephone communication, a letter, printed or written matter,
an administrative expense, or a related expense, associated
with an activity prohibited in this subdivision.
(G) Initiate or participate in a class action suit.
(H) Support or conduct a training program for the purpose of
advocating a particular public policy or encouraging a political
activity, a labor or an antilabor activity, a boycott, picketing,
a strike, or a demonstration, including the dissemination of
information about such a policy or activity. However, this
clause may not be construed to prohibit the training of an
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attorney or a paralegal in the provision of:
(i) adequate legal assistance to eligible clients; or
(ii) advice to an eligible client as to the legal rights of the
client.
(I) Participate in litigation:
(i) on behalf of a person incarcerated in a federal, state, or
local prison; or
(ii) arising out of the incarceration of a person described in
item (i).
(J) Initiate or participate in a civil lawsuit against the state
or a state agency that is intended to invalidate:
(i) a state statute;
(ii) an executive order; or
(iii) a rule within the Indiana Administrative Code.
SECTION 2. IC 33-24-12-5, AS AMENDED BY P.L.201-2023,
SECTION 254, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The civil legal aid fund is
established to provide additional revenue for legal services providers.
(b) The fund is administered by the office of judicial administration.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) Distributions from the fund shall be made on January 1 and
July 1 of each year. Money in the fund is annually appropriated to
carry out the purposes of the fund.
(e) Before October 1, 2026, and before October 1 of each year
thereafter, the office of judicial administration shall report the
following information to the state budget committee:
(1) Each recipient of the funds.
(2) The amount of funds distributed to each recipient.
(3) The amount of administrative costs.
SECTION 3. IC 33-24-12-6 IS REPEALED [EFFECTIVE JULY 1,
2025]. Sec. 6. (a) The office of judicial administration shall annually
determine the amount to be distributed from the fund to each county's
legal services provider under the following formula:
STEP ONE: Determine the number of civil cases filed in the
county during the year as reported by the most recent Indiana
Judicial Report.
STEP TWO: Determine the number of civil cases filed in Indiana
during the year as reported by the most recent Indiana Judicial
Report.
STEP THREE: Divide the amount determined in STEP ONE by
the amount determined in STEP TWO.
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STEP FOUR: Multiply the quotient determined in STEP THREE
by the annual amount of the appropriation from the state general
fund as provided in the state budget act.
Except as provided in subsection (b), the product determined in STEP
FOUR is the amount to be distributed to the legal services provider or
providers having the county in its service area.
(b) In a county where there is more than one (1) legal services
provider, the amount distributed from the fund for that county shall be
distributed among the legal services providers in direct proportion to
the number of legal services providers in that county.
(c) Distributions from the fund shall be made on January 1 and July
1 of each year. Money in the fund is annually appropriated to carry out
the purposes of the fund.
SEA 222 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 222