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Committees discuss various bills in second week

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The Indiana General Assembly made some of its first votes this week, while four legislative committees discussed an array of issues that may be of interest to the state's legal community.

The House of Representatives unanimously passed House Bill 1044 on county clerk liability, which mirrors Senate Bill 29 that also passed unanimously in the Senate this week. Both will now move to the other house for consideration. The House also passed HB 1109 regarding satellite voting locations, an issue that went as high as the Indiana Supreme Court in the past two years. Representatives also passed by a 97-2 vote the comprehensive HB 1001 on lobbying and campaign contributions, while the Senate considered its own SB 114 on government ethics reform that the Rules and Legislative Procedure Committee had approved unanimously Jan. 11. All bills can be viewed completely at http://www.in.gov/apps/lsa/session/billwatch/billinfo.

The Senate Committee on Courts Criminal and Civil Matters met Tuesday and passed several bills on to the full Senate for consideration.

- SB 25 would legally allow a person to keep firearms locked in his vehicle on the property of a person, company, or governmental agency; passed 8-3.

- SB 27 deals with habitual offender filing deadlines; passed 8-2. - SB 71, which passed 9-0, targets the unlawful termination of a pregnancy in cases in which someone operates a vehicle while intoxicated and causes the fetus' death. - SB 147 passed 7-0 and provides that a law enforcement official who engages in sexual conduct with a child between 16 and 18 commits Class D felony child seduction. It also increases the penalty for false reporting.


- SB 178, dealing with custody and parenting time, was approved 5-4.

Senate Bill 148, dealing with corrections and developmental disability tracking, was withdrawn because of its potential financial impact of between $35,000 and $850,000 in new costs for prison inmate testing. Sen. Connie Lawson, R-Danville, plans to pursue an aspect that an entity be approved and accredited to provide certain services. The House Judiciary committee met Tuesday morning and considered key legislation:

- HB 1193, which passed 10-0, would create a 20-person work group to study and make recommendations to the Department of Education about school policing and racial disparity issues, as well as providing education and training to law enforcement on these topics.

- HB 1154 passed 11-0 and would convert all 24 Marion County commissioners to magistrates, with the county using an already-established county traffic infractions fee to pay for the conversion so that the state wouldn't have to pay the estimated $2.3 million cost. This would also allow the county to save money currently paid at the county level and possibly use it to pay for court-ordered guardian ad litem appointments. Representatives rejected the idea of attaching an amendment to allow Bartholomew Superior Court to establish its own fee to pay for converting its current Title IV-D commissioner to an elected judge position, in order to run a needed family court.


House Bill 1167, which would repeal a 2009 special session provision requiring the Department of Child Services to approve all out-of-state placements for juveniles, was not considered. The committee postponed until everyone who wants to testify about the legislation could attend the meeting.

The Senate Judiciary met for the second time on Wednesday and considered a bill that had previously come before it about child support as well as others involving noncode statutes, guardianships, trusts, and grandparent visitation. Sen. Richard Bray, R-Martinsville, said members will likely only have one more meeting on its own bills before they switch focus to consider House-approved bills, and so the other 46 Senate bills currently assigned to it probably won't all get the committee's attention.

- SB 163, targeting child support collections and requiring the gaming industry to intercept certain larger winnings on people who owe child support payments, passed 9-1. - SB 59 on grandparent visitation passed 9-0 with two amendments

- SB 65 on a guardian's powers in estate planning passed 10-1.

-  SB 67, which deals with trust matters that include protecting interests and funds held by beneficiaries, passed 9-1.

-  SB 134, a bill referred from the interim Code Revision Commission and corrects and codifies certain noncode statutes, passed 10-0. On Wednesday, the House Courts and Criminal Code considered three bills:

- HB 1118 on nuisance actions by community organizations passed by a 9-3 vote. Representatives voted 12-0 to pass HB 1186, allowing interlocal agreements between city and town courts. Members held off on voting until next week on HB 1163, which would require records and criminal histories be expunged for anyone who's been released by a court after being exonerated by DNA evidence.

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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