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Committees discuss trafficking, sex crimes, child protection

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A tougher state law for human and child trafficking was a key topic on this week’s legislative interim study committees agendas. With the Super Bowl less than six months away, the Indiana attorney general’s office is pushing for prompt action.

Legislative study committee members explored other issues during meetings on Thursday, talking about child protection, sex offenders, and if any change in Indiana law is needed in response to concerns that surfaced following the Casey Anthony trial in Florida. But it was the AG’s push on trafficking that seemed to be the most time-sensitive item.

Deputy Attorneys General David Miller and Abby Kuzma told members of the Code Evaluation Commission that the human trafficking issue is a top priority this year for Indiana AG Greg Zoeller and the National Association of Attorneys General.

Providing statistics that trafficking is a $32 billion global industry impacting more than 12 million children and adults who are shipped from the U.S. across international borders, the Hoosier attorneys said this is already a federal crime but that states need to beef up their protections to deal with it.

Specifically, they contend that big-draw events such as the Super Bowl, coming to Indianapolis in early February, make this a priority for Indiana. Other past Super Bowl locations have experienced trafficking during their events, they explained. Kuzma is part of a task force to address this issue in Indiana that includes the U.S. attorney.

The General Assembly added Indiana Code 35-42-3.5-1 addressing human trafficking years ago, but the statute is too weak, according to Miller. He said lawmakers should consider eliminating the “threat or force” elements of the statute because sometimes that doesn’t apply to these situations, and the law should be broadened to include more generalized criminal activity that may occur during trafficking. The Legislature should also consider adding a specific child trafficking provision for victims younger than 18, he said.

With the next legislative session starting in January 2012, lawmakers discussed the possibility of addressing this measure either on Organization Day in November or possibly with an early filing of a bill to allow the issue to be addressed promptly once the session begins in January.

Committee members didn’t vote on that item. They spent the remainder of the meeting discussing sex offenders and recidivism trends. They discussed re-evaluating housing restrictions as well as layered sentencing options that would enable courts to make sure certain sex offenders receive sufficient supervision and behavioral treatment services after their incarceration periods. Members examined a proposal from Sen. Randy Head, R-Logansport, about expanding criminal code to apply to Internet sex predators that can be difficult to prosecute.

No votes were taken on these or other proposals discussed.

Members of the Criminal Law and Sentencing Committee also met and discussed creation of a new child protection registry that would mirror Indiana’s existing Do Not Call lists and give parents the ability to submit email addresses that children have access to in order to prevent certain age-sensitive marketing materials from being sent. Michigan and Utah have established these registries in the past decade, and the company offering those tools is trying to bring its services to Indiana.

The committee also briefly addressed the need for a Casey Anthony-inspired law in Indiana and whether the state statute on penalties for failing to report a dead body or missing child needed to be strengthened. No one seemed eager to make changes or discuss the idea and no one appeared at the hearing to discuss it, leaving the committee to decide existing statutes may be adequate. Failing to report a dead body within three hours is currently a misdemeanor in Indiana.

Next week, the Commission on Courts meets to discuss new court and judicial officer requests. The Indiana Legislative Council’s subcommittee studying the Indiana Supreme Court’s Barnes v. State is also scheduled to meet.
 

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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