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Criminal code and expungement bills signed by governor

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Indiana Gov. Mike Pence signed two bills today that could significantly transform Indiana’s criminal judicial system.

The governor signed House Enrolled Act 1006, which reforms the state’s criminal code, and HEA 1482, which enables the courts to expunge the criminal records of certain offenders.

“Indiana should be the worst place in America to commit a serious crime and the best place, once you’ve done your time, to get a second chance,” Pence said.

HEA 1006, authored by Rep. Greg Steuerwald, R-Avon, mandates that individuals convicted of a felony serve at least 75 percent of their sentence. It also provides for alternative sentencing for lower-level felonies.

The legislation was the product of the Criminal Code Evaluation Commission which sought to add proportionality to the criminal code and certainty in sentencing. Among the recommended changes: Felonies will be expanded from four classes to six.

With an effective date of July 1, 2014, the new law will return to summer study committee to tweak the language and take a closer look at funding for community corrections.

“HEA 1006 lays the foundation for the revision of Indiana’s criminal code for the first time in 30-plus years,” Steuerwald said. “It provides for certainty in sentencing as we must provide that the most violent offenders are sentenced for a more definite period. Victims will be fully informed of how long the offender’s sentence will actually be.”

HEA 1482, authored by Rep. Jud McMillin, R-Brookville, provides an opportunity for certain individuals with felony convictions to have their records expunged.

 

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  • HEA 1482 - How to apply?
    Hi, My son was mistakenly arrested for breaking and entering, all charges have been dropped by the prosecutor, and we're trying to find out more about HEA 1482 and how to get his record expunged. He's a recent high school graduate, Eagle Scout, Lions Club member...a good kid. Prosecutor dropped all charges once he heard both sides of what happened, but police officers wouldn't believe the two young men...they were given keys to a vacant house, asked to clear items out for razing. Other family members didn't know anything about it, called police, and pressed charges. He was arrested as a Class C felony. Will he be eligible for HEA 1482, and how do we apply?
  • Marijuana penalties too harsh
    The marijuana penalties are too harsh. We need to tax and legalize marijuana. If the state can tax gambling and alcohol that can destroy families we can surely make money off marijuana too. Marijuana has certain health benefits.

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  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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