ILNews

Criminal code and expungement bills signed by governor

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

  • 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.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

ADVERTISEMENT