Indiana 2025 Regular Session

Indiana Senate Bill SB0222 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0222.1
	2	+	March 10, 2025
	3	+	ENGROSSED
	4	+	SENATE BILL No. 222
	5	+	_____
	6	+	DIGEST OF SB 222 (Updated March 10, 2025 10:55 am - DI 140)
	7	+	Citations Affected: IC 33-24.
	8	+	Synopsis: Civil legal aid fund. Limits how a legal services provider
	9	+	may use funds from the civil legal aid fund. Relocates a provision
	10	+	concerning fund distribution. Repeals the distribution formula of the
	11	+	civil legal aid fund statute. Requires the office of judicial
	12	+	administration to annually report certain information regarding the civil
	13	+	legal aid fund to the state budget committee.
	14	+	Effective: July 1, 2025.
	15	+	Carrasco, Freeman, Alexander
	16	+	(HOUSE SPONSOR — JETER)
	17	+	January 8, 2025, read first time and referred to Committee on Judiciary.
	18	+	February 6, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
	19	+	Appropriations.
	20	+	February 13, 2025, amended, reported favorably — Do Pass.
	21	+	February 17, 2025, read second time, ordered engrossed. Engrossed.
	22	+	February 18, 2025, read third time, passed. Yeas 48, nays 1.
	23	+	HOUSE ACTION
	24	+	March 3, 2025, read first time and referred to Committee on Judiciary.
	25	+	March 10, 2025, reported — Do Pass.
	26	+	ES 222—LS 7117/DI 151 March 10, 2025
1	27		First Regular Session of the 124th General Assembly (2025)
2	28		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	29		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	30		additions will appear in this style type, and deletions will appear in this style type.
5	31		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	32		provision adopted), the text of the new provision will appear in this style type. Also, the
7	33		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	34		a new provision to the Indiana Code or the Indiana Constitution.
9	35		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	36		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 222
12		-	AN ACT to amend the Indiana Code concerning courts and court
13		-	officers.
	37	+	ENGROSSED
	38	+	SENATE BILL No. 222
	39	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	40	+	courts and court officers.
14	41		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 33-24-12-4, AS AMENDED BY P.L.161-2018,
16		-	SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2025]: Sec. 4. To be eligible for the receipt of funds under this
18		-	chapter, a legal services provider must meet the following
19		-	requirements:
20		-	(1) The legal services provider must have been:
21		-	(A) incorporated before July 2, 1997; or
22		-	(B) incorporated and providing civil legal aid to the indigent
23		-	for three (3) years immediately preceding the application for
24		-	funds from the civil legal aid fund.
25		-	(2) The legal services provider must submit an opt-in form to the
26		-	chief administrative officer of the office of judicial administration
27		-	before May 2 of each year. The form must include the following
28		-	information:
29		-	(A) The name, address, and telephone number of the legal
30		-	services provider.
31		-	(B) The Internal Revenue Code 501(c)(3) form of the legal
32		-	services provider.
33		-	(C) The name and address of the chief administrative officer
34		-	and board president of the legal services provider.
35		-	(D) A list of all counties within the incorporated service area
36		-	SEA 222 2
37		-	of the legal services provider.
38		-	(E) Certification that the legal services provider has provided
39		-	legal services to indigent individuals within its service area for
40		-	the preceding three (3) years and that the legal services
41		-	provider will continue to provide legal services to the indigent
42		-	for the year following receipt of funds from the civil legal aid
43		-	fund.
44		-	(3) The legal services provider may not use funds provided
45		-	under this chapter to do any of the following:
46		-	(A) Make available funds, personnel, or equipment for use in
47		-	advocating or opposing a plan or proposal, represent a party,
48		-	or participate in litigation that is intended to or has the effect
49		-	of altering, revising, or reapportioning a legislative, a judicial,
50		-	or an elective district at any level of government, including
51		-	influencing the timing or manner of the taking of a census.
52		-	(B) Attempt to influence the issuance, amendment, or
53		-	revocation of an executive order, regulation, or other statement
54		-	of general applicability and future effect by a federal, state, or
55		-	local agency.
56		-	(C) Attempt to influence an adjudicatory proceeding of a
57		-	federal, state, or local agency if such part of the proceeding is
58		-	designed for the formulation or modification of an agency
59		-	policy of general applicability and future effect.
60		-	(D) Attempt to influence the passage or defeat of legislation,
61		-	a constitutional amendment, a referendum, an initiative, or
62		-	similar procedure of the Congress, a state, or a local legislative
63		-	body.
64		-	(E) Attempt to influence the conduct of oversight proceedings
65		-	of the Legal Services Corporation or a person or an entity
66		-	receiving financial assistance provided by the Legal Services
67		-	Corporation.
68		-	(F) Pay for a personal service, an advertisement, a telegram, a
69		-	telephone communication, a letter, printed or written matter,
70		-	an administrative expense, or a related expense, associated
71		-	with an activity prohibited in this subdivision.
72		-	(G) Initiate or participate in a class action suit.
73		-	(H) Support or conduct a training program for the purpose of
74		-	advocating a particular public policy or encouraging a political
75		-	activity, a labor or an antilabor activity, a boycott, picketing,
76		-	a strike, or a demonstration, including the dissemination of
77		-	information about such a policy or activity. However, this
78		-	clause may not be construed to prohibit the training of an
79		-	SEA 222 3
80		-	attorney or a paralegal in the provision of:
81		-	(i) adequate legal assistance to eligible clients; or
82		-	(ii) advice to an eligible client as to the legal rights of the
83		-	client.
84		-	(I) Participate in litigation:
85		-	(i) on behalf of a person incarcerated in a federal, state, or
86		-	local prison; or
87		-	(ii) arising out of the incarceration of a person described in
88		-	item (i).
89		-	(J) Initiate or participate in a civil lawsuit against the state
90		-	or a state agency that is intended to invalidate:
	42	+	1 SECTION 1. IC 33-24-12-4, AS AMENDED BY P.L.161-2018,
	43	+	2 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	44	+	3 JULY 1, 2025]: Sec. 4. To be eligible for the receipt of funds under this
	45	+	4 chapter, a legal services provider must meet the following
	46	+	5 requirements:
	47	+	6 (1) The legal services provider must have been:
	48	+	7 (A) incorporated before July 2, 1997; or
	49	+	8 (B) incorporated and providing civil legal aid to the indigent
	50	+	9 for three (3) years immediately preceding the application for
	51	+	10 funds from the civil legal aid fund.
	52	+	11 (2) The legal services provider must submit an opt-in form to the
	53	+	12 chief administrative officer of the office of judicial administration
	54	+	13 before May 2 of each year. The form must include the following
	55	+	14 information:
	56	+	15 (A) The name, address, and telephone number of the legal
	57	+	16 services provider.
	58	+	17 (B) The Internal Revenue Code 501(c)(3) form of the legal
	59	+	ES 222—LS 7117/DI 151 2
	60	+	1 services provider.
	61	+	2 (C) The name and address of the chief administrative officer
	62	+	3 and board president of the legal services provider.
	63	+	4 (D) A list of all counties within the incorporated service area
	64	+	5 of the legal services provider.
	65	+	6 (E) Certification that the legal services provider has provided
	66	+	7 legal services to indigent individuals within its service area for
	67	+	8 the preceding three (3) years and that the legal services
	68	+	9 provider will continue to provide legal services to the indigent
	69	+	10 for the year following receipt of funds from the civil legal aid
	70	+	11 fund.
	71	+	12 (3) The legal services provider may not use funds provided
	72	+	13 under this chapter to do any of the following:
	73	+	14 (A) Make available funds, personnel, or equipment for use in
	74	+	15 advocating or opposing a plan or proposal, represent a party,
	75	+	16 or participate in litigation that is intended to or has the effect
	76	+	17 of altering, revising, or reapportioning a legislative, a judicial,
	77	+	18 or an elective district at any level of government, including
	78	+	19 influencing the timing or manner of the taking of a census.
	79	+	20 (B) Attempt to influence the issuance, amendment, or
	80	+	21 revocation of an executive order, regulation, or other statement
	81	+	22 of general applicability and future effect by a federal, state, or
	82	+	23 local agency.
	83	+	24 (C) Attempt to influence an adjudicatory proceeding of a
	84	+	25 federal, state, or local agency if such part of the proceeding is
	85	+	26 designed for the formulation or modification of an agency
	86	+	27 policy of general applicability and future effect.
	87	+	28 (D) Attempt to influence the passage or defeat of legislation,
	88	+	29 a constitutional amendment, a referendum, an initiative, or
	89	+	30 similar procedure of the Congress, a state, or a local legislative
	90	+	31 body.
	91	+	32 (E) Attempt to influence the conduct of oversight proceedings
	92	+	33 of the Legal Services Corporation or a person or an entity
	93	+	34 receiving financial assistance provided by the Legal Services
	94	+	35 Corporation.
	95	+	36 (F) Pay for a personal service, an advertisement, a telegram, a
	96	+	37 telephone communication, a letter, printed or written matter,
	97	+	38 an administrative expense, or a related expense, associated
	98	+	39 with an activity prohibited in this subdivision.
	99	+	40 (G) Initiate or participate in a class action suit.
	100	+	41 (H) Support or conduct a training program for the purpose of
	101	+	42 advocating a particular public policy or encouraging a political
	102	+	ES 222—LS 7117/DI 151 3
	103	+	1 activity, a labor or an antilabor activity, a boycott, picketing,
	104	+	2 a strike, or a demonstration, including the dissemination of
	105	+	3 information about such a policy or activity. However, this
	106	+	4 clause may not be construed to prohibit the training of an
	107	+	5 attorney or a paralegal in the provision of:
	108	+	6 (i) adequate legal assistance to eligible clients; or
	109	+	7 (ii) advice to an eligible client as to the legal rights of the
	110	+	8 client.
	111	+	9 (I) Participate in litigation:
	112	+	10 (i) on behalf of a person incarcerated in a federal, state, or
	113	+	11 local prison; or
	114	+	12 (ii) arising out of the incarceration of a person described in
	115	+	13 item (i).
	116	+	14 (J) Initiate or participate in a civil lawsuit against the state
	117	+	15 or a state agency that is intended to invalidate:
	118	+	16 (i) a state statute;
	119	+	17 (ii) an executive order; or
	120	+	18 (iii) a rule within the Indiana Administrative Code.
	121	+	19 SECTION 2. IC 33-24-12-5, AS AMENDED BY P.L.201-2023,
	122	+	20 SECTION 254, IS AMENDED TO READ AS FOLLOWS
	123	+	21 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The civil legal aid fund is
	124	+	22 established to provide additional revenue for legal services providers.
	125	+	23 (b) The fund is administered by the office of judicial administration.
	126	+	24 (c) The expenses of administering the fund shall be paid from
	127	+	25 money in the fund.
	128	+	26 (d) Distributions from the fund shall be made on January 1 and
	129	+	27 July 1 of each year. Money in the fund is annually appropriated to
	130	+	28 carry out the purposes of the fund.
	131	+	29 (e) Before October 1, 2026, and before October 1 of each year
	132	+	30 thereafter, the office of judicial administration shall report the
	133	+	31 following information to the state budget committee:
	134	+	32 (1) Each recipient of the funds.
	135	+	33 (2) The amount of funds distributed to each recipient.
	136	+	34 (3) The amount of administrative costs.
	137	+	35 SECTION 3. IC 33-24-12-6 IS REPEALED [EFFECTIVE JULY 1,
	138	+	36 2025]. Sec. 6. (a) The office of judicial administration shall annually
	139	+	37 determine the amount to be distributed from the fund to each county's
	140	+	38 legal services provider under the following formula:
	141	+	39 STEP ONE: Determine the number of civil cases filed in the
	142	+	40 county during the year as reported by the most recent Indiana
	143	+	41 Judicial Report.
	144	+	42 STEP TWO: Determine the number of civil cases filed in Indiana
	145	+	ES 222—LS 7117/DI 151 4
	146	+	1 during the year as reported by the most recent Indiana Judicial
	147	+	2 Report.
	148	+	3 STEP THREE: Divide the amount determined in STEP ONE by
	149	+	4 the amount determined in STEP TWO.
	150	+	5 STEP FOUR: Multiply the quotient determined in STEP THREE
	151	+	6 by the annual amount of the appropriation from the state general
	152	+	7 fund as provided in the state budget act.
	153	+	8 Except as provided in subsection (b), the product determined in STEP
	154	+	9 FOUR is the amount to be distributed to the legal services provider or
	155	+	10 providers having the county in its service area.
	156	+	11 (b) In a county where there is more than one (1) legal services
	157	+	12 provider, the amount distributed from the fund for that county shall be
	158	+	13 distributed among the legal services providers in direct proportion to
	159	+	14 the number of legal services providers in that county.
	160	+	15 (c) Distributions from the fund shall be made on January 1 and July
	161	+	16 1 of each year. Money in the fund is annually appropriated to carry out
	162	+	17 the purposes of the fund.
	163	+	ES 222—LS 7117/DI 151 5
	164	+	COMMITTEE REPORT
	165	+	Mr. President: The Senate Committee on Judiciary, to which was
	166	+	referred Senate Bill No. 222, has had the same under consideration and
	167	+	begs leave to report the same back to the Senate with the
	168	+	recommendation that said bill be AMENDED as follows:
	169	+	Page 3, between lines 13 and 14, begin a new line double block
	170	+	indented and insert:
	171	+	"(J) Initiate or participate in a civil lawsuit against the
	172	+	state or a state agency that is intended to invalidate:
91	173		(i) a state statute;
92	174		(ii) an executive order; or
93		-	(iii) a rule within the Indiana Administrative Code.
94		-	SECTION 2. IC 33-24-12-5, AS AMENDED BY P.L.201-2023,
95		-	SECTION 254, IS AMENDED TO READ AS FOLLOWS
96		-	[EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The civil legal aid fund is
97		-	established to provide additional revenue for legal services providers.
98		-	(b) The fund is administered by the office of judicial administration.
99		-	(c) The expenses of administering the fund shall be paid from
100		-	money in the fund.
101		-	(d) Distributions from the fund shall be made on January 1 and
102		-	July 1 of each year. Money in the fund is annually appropriated to
103		-	carry out the purposes of the fund.
104		-	(e) Before October 1, 2026, and before October 1 of each year
	175	+	(iii) a rule within the Indiana Administrative Code.".
	176	+	and when so amended that said bill do pass and be reassigned to the
	177	+	Senate Committee on Appropriations.
	178	+	(Reference is to SB 222 as introduced.)
	179	+	BROWN L, Chairperson
	180	+	Committee Vote: Yeas 10, Nays 0.
	181	+	_____
	182	+	COMMITTEE REPORT
	183	+	Mr. President: The Senate Committee on Appropriations, to which
	184	+	was referred Senate Bill No. 222, has had the same under consideration
	185	+	and begs leave to report the same back to the Senate with the
	186	+	recommendation that said bill be AMENDED as follows:
	187	+	Page 3, between lines 28 and 29, begin a new paragraph and insert:
	188	+	"(e) Before October 1, 2026, and before October 1 of each year
105	189		thereafter, the office of judicial administration shall report the
106	190		following information to the state budget committee:
107	191		(1) Each recipient of the funds.
108	192		(2) The amount of funds distributed to each recipient.
109		-	(3) The amount of administrative costs.
110		-	SECTION 3. IC 33-24-12-6 IS REPEALED [EFFECTIVE JULY 1,
111		-	2025]. Sec. 6. (a) The office of judicial administration shall annually
112		-	determine the amount to be distributed from the fund to each county's
113		-	legal services provider under the following formula:
114		-	STEP ONE: Determine the number of civil cases filed in the
115		-	county during the year as reported by the most recent Indiana
116		-	Judicial Report.
117		-	STEP TWO: Determine the number of civil cases filed in Indiana
118		-	during the year as reported by the most recent Indiana Judicial
119		-	Report.
120		-	STEP THREE: Divide the amount determined in STEP ONE by
121		-	the amount determined in STEP TWO.
122		-	SEA 222 4
123		-	STEP FOUR: Multiply the quotient determined in STEP THREE
124		-	by the annual amount of the appropriation from the state general
125		-	fund as provided in the state budget act.
126		-	Except as provided in subsection (b), the product determined in STEP
127		-	FOUR is the amount to be distributed to the legal services provider or
128		-	providers having the county in its service area.
129		-	(b) In a county where there is more than one (1) legal services
130		-	provider, the amount distributed from the fund for that county shall be
131		-	distributed among the legal services providers in direct proportion to
132		-	the number of legal services providers in that county.
133		-	(c) Distributions from the fund shall be made on January 1 and July
134		-	1 of each year. Money in the fund is annually appropriated to carry out
135		-	the purposes of the fund.
136		-	SEA 222 President of the Senate
137		-	President Pro Tempore
138		-	Speaker of the House of Representatives
139		-	Governor of the State of Indiana
140		-	Date: Time:
141		-	SEA 222
	193	+	(3) The amount of administrative costs.".
	194	+	and when so amended that said bill do pass.
	195	+	(Reference is to SB 222 as printed February 7, 2025.)
	196	+	MISHLER, Chairperson
	197	+	Committee Vote: Yeas 12, Nays 1.
	198	+	ES 222—LS 7117/DI 151 6
	199	+	COMMITTEE REPORT
	200	+	Mr. Speaker: Your Committee on Judiciary, to which was referred
	201	+	Senate Bill 222, has had the same under consideration and begs leave
	202	+	to report the same back to the House with the recommendation that said
	203	+	bill do pass.
	204	+	(Reference is to SB 222 as printed February 14, 2025.)
	205	+	JETER
	206	+	Committee Vote: Yeas 12, Nays 0
	207	+	ES 222—LS 7117/DI 151