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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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