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Indiana lawmakers return to correct errors

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State lawmakers returned to the Indiana Capitol Tuesday to fix a series of problems with their sweeping overhaul of the state's criminal sentencing rules.

Shortly after lawmakers wrapped up their 2014 session this past March, legislative leaders discovered a series of drafting errors with the legislation they had just passed which had serious consequences.

In one instance, a child sex offense charge could be wrongly interpreted as a lower level felony than what lawmakers intended. In another case, Indiana law was accidentally changed so that police officers would not be able to immediately arrest a suspected thief or shoplifter without obtaining a warrant first.

The problems were discovered in a sweeping overhaul of the state's criminal sentencing rules that lawmakers, lawyers and others have spent many years putting together. The legislation was approved earlier this year.

House Judiciary Chairman Greg Steuerwald, R-Avon, said that even with the thorough reviews, the effort was so extensive it's likely to result in some other errors shaking out in the future.

"We've had literally a thousand sets of eyes on this thing, and the cooperation and the input has been outstanding. At this point in time we've discovered any issues we might have, but I'm pretty sure there are going to be others," he said.

The goal of Tuesday's "technical corrections day" at the Statehouse is to approve the series of fixes before the legislation takes effect on July 1.

Lawmakers are also correcting separate legislation that was intended to limit the amount of tax credits available for natural gas vehicles, but accidentally was applied to all alternative fuels.

The General Assembly occasionally approves seemingly small errors in legislation which have big consequences. In 2011, a measure was passed that accidentally de-authorized the Family and Social Services Administration. Then-Gov. Mitch Daniels was forced to draft an executive order that allowed the agency to keep operating.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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