1 | 1 | | *SJ9615* |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE JOINT |
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4 | 4 | | RESOLUTION No. 22 |
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5 | 5 | | _____ |
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6 | 6 | | DIGEST OF INTRODUCED RESOL UTION |
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7 | 7 | | Citations Affected: Article 7, Section 13 of the Constitution of the |
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8 | 8 | | State of Indiana. |
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9 | 9 | | Synopsis: Suspension of prosecuting attorney. Authorizes the |
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10 | 10 | | governor to suspend a prosecuting attorney from office for |
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11 | 11 | | malfeasance, misfeasance, neglect of duty, incompetence, permanent |
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12 | 12 | | inability to perform official duties, or commission of a felony, and |
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13 | 13 | | allows the governor to fill the office by appointment for the period of |
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14 | 14 | | suspension. This proposed amendment has not been previously agreed |
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15 | 15 | | to by a general assembly. |
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16 | 16 | | Effective: This proposed amendment must be agreed to by two |
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17 | 17 | | consecutive general assemblies and ratified by a majority of the state's |
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18 | 18 | | voters voting on the question to be effective. |
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19 | 19 | | Freeman |
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20 | 20 | | January 13, 2025, read first time and referred to Committee on Judiciary. |
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21 | 21 | | 20252174 |
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22 | 22 | | 2025 SJ 22—SJ 9615/DI 106 Introduced |
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23 | 23 | | First Regular Session of the 124th General Assembly (2025) |
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24 | 24 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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25 | 25 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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26 | 26 | | additions will appear in this style type, and deletions will appear in this style type. |
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27 | 27 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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28 | 28 | | provision adopted), the text of the new provision will appear in this style type. Also, the word |
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29 | 29 | | NEW will appear in that style type in the introductory clause of each SECTION that adds a |
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30 | 30 | | new provision to the Indiana Code or the Indiana Constitution. |
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31 | 31 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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32 | 32 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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33 | 33 | | SENATE JOINT |
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34 | 34 | | RESOLUTION No. 22 |
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35 | 35 | | A JOINT RESOLUTION proposing an amendment to Article 7, |
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36 | 36 | | Section 13 of the Constitution of the State of Indiana concerning courts |
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37 | 37 | | and court officers. |
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38 | 38 | | Be it resolved by the General Assembly of the State of Indiana: |
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39 | 39 | | 1 SECTION 1. The following amendment to the Constitution of the |
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40 | 40 | | 2 State of Indiana is proposed and agreed to by this, the One Hundred |
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41 | 41 | | 3 Twenty-fourth General Assembly of the State of Indiana, and is |
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42 | 42 | | 4 referred to the next General Assembly for reconsideration and |
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43 | 43 | | 5 agreement. |
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44 | 44 | | 6 SECTION 2. ARTICLE 7, SECTION 13 OF THE CONSTITUTION |
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45 | 45 | | 7 OF THE STATE OF INDIANA IS AMENDED TO READ AS |
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46 | 46 | | 8 FOLLOWS: Section 13. Removal of Circuit Court Judges and |
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47 | 47 | | 9 Prosecuting Attorneys. (a) Any Judge of the Circuit Court or |
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48 | 48 | | 10 Prosecuting Attorney, who shall have been convicted of corruption or |
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49 | 49 | | 11 other high crime, may, on information in the name of the State, be |
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50 | 50 | | 12 removed from office by the Supreme Court, or in such other manner as |
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51 | 51 | | 2025 SJ 22—SJ 9615/DI 106 2 |
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52 | 52 | | 1 may be prescribed by law. |
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53 | 53 | | 2 (b) The governor may suspend a prosecuting attorney from |
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54 | 54 | | 3 office for malfeasance, misfeasance, neglect of duty, incompetence, |
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55 | 55 | | 4 permanent inability to perform official duties, or commission of a |
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56 | 56 | | 5 felony, and may fill the office by appointment for the period of |
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57 | 57 | | 6 suspension. The suspended prosecuting attorney may at any time |
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58 | 58 | | 7 before removal be reinstated by the governor. |
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59 | 59 | | 8 (c) A suspended prosecuting attorney may be reinstated or |
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60 | 60 | | 9 removed from office as prescribed by law. |
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61 | 61 | | 2025 SJ 22—SJ 9615/DI 106 |
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