Indiana 2023 Regular Session

Indiana Senate Bill SB0284

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
2/23/23  
Engrossed
3/1/23  
Refer
3/6/23  

Caption

Prosecuting attorneys.

Impact

The bill is set to significantly impact how prosecutorial discretion is exercised in Indiana. By establishing a review board dedicated to investigating allegations of noncompliance among prosecuting attorneys, SB 284 aims to uphold the rule of law by ensuring that laws enacted by the General Assembly are enforced uniformly across the state. The special prosecutor unit created under the bill will also work to ensure that local governments have access to experienced legal professionals when prosecutorial resources are not sufficient or when conflicts of interest arise, thereby enhancing the efficacy of the criminal justice system in Indiana.

Summary

Senate Bill 284 aims to amend the Indiana Code by establishing a clearer structure for the appointment and operation of special prosecutors within the state's judicial system. One of the primary modifications is the removal of the attorney general's concurrent criminal jurisdiction in certain cases, effectively delegating that authority to local prosecuting attorneys. The bill also establishes a prosecutor review board and a special prosecutor unit. This allows for the appointment of special prosecutors to assist in cases where local prosecuting attorneys may be noncompliant with enforcing certain criminal laws, thus providing a mechanism for accountability and oversight in prosecutorial decisions.

Sentiment

The sentiment surrounding SB 284 is mixed. Supporters, primarily among the Republican majority, argue that it strengthens the accountability of prosecuting attorneys and ensures that legal obligations are met, which can lead to a more robust enforcement of criminal laws. Conversely, critics, including some legal experts and advocacy groups, express concerns that the oversight mechanisms may infringe upon local prosecutorial autonomy and could be seen as politicizing the role of prosecutors. This raises fundamental questions about the balance between state oversight and local governance in law enforcement.

Contention

Notable points of contention include the potential for increased politicization of the prosecutorial process and concerns about the implications for local governance. Opponents fear that the bill could empower political interests to influence criminal prosecutions, undermining the independence traditionally enjoyed by local prosecuting attorneys. Furthermore, the establishment of a prosecutor review board, while intended to enhance accountability, poses risks of overreach if not adequately checked, complicating the relationship between state authorities and local prosecutors.

Companion Bills

No companion bills found.

Previously Filed As

IN SB0280

Prosecuting attorneys.

IN SB0148

Prosecuting attorneys.

IN HB1370

Prosecuting attorney commission.

IN HB1217

Prosecuting attorneys.

IN HB1371

Additional prosecuting attorneys.

IN HB1215

Miami County deputy prosecuting attorney.

IN SB451

Directing Prosecuting Attorneys Institute to make training available to certain new prosecuting attorneys

IN SB0179

Commission on court appointed attorneys.

IN HB231

Prosecuting Attorneys Oversight Commission; create

IN HB1006

Prosecutors.

Similar Bills

IN HB1006

Prosecutors.

IN SB0165

Noncompliant prosecutor.

IN SB0280

Prosecuting attorneys.

GA HB1349

Attorney General; authorize and direct appointment of special prosecutor subject to certain criteria

IN SB0001

Abortion.

PA SB140

In metropolitan transportation authorities, providing for special prosecutor for mass transit.

MO SB575

Creates provisions relating to prosecuting attorneys

MO SB651

Creates provisions relating to prosecuting attorneys