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Indiana legislative round-up

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The following is a snapshot of key points from bills heard in the 2012 legislative session. All enrolled acts were signed by the governor by March 20.

Civil rights

Senate Enrolled Act 1 specifies that a person may use reasonable force against any other person in certain circumstances. Provides that a person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to protect the person or a third person from unlawful force, to prevent or terminate the public servant’s unlawful entry into the person’s dwelling, or to prevent or terminate the public servant’s criminal interference with property lawfully in the person’s possession. This legislation was spurred by the Indiana Supreme Court decision Barnes v. State of Indiana.

House Enrolled Act 1003 provides that a court may impose a civil penalty against an officer, management-level employee, or a public agency for violating the public records law if the officer, management-level employee, or agency continues to deny a request for a public record after the public access counselor has issued an advisory opinion that instructs the agency to allow access and denies the request with the specific intent to unlawfully withhold a public record that is subject to disclosure.

Courts and trial procedures

SEA 152 allows the judge of the Allen Circuit Court – beginning July 1, 2013 – to appoint a second full-time magistrate.

SEA 246 requires a prosecuting attorney who intends to introduce a laboratory report into evidence to file a notice of intent at least 20 days before the trial, and requires a defendant who wishes to cross-examine the laboratory technician who prepared the report to file a pretrial demand for cross-examination not later than 10 days after receiving the notice from the prosecutor.

HEA 1092 adds a fourth judge to the Johnson Superior Court as of January 1, 2015. Prohibits the auditor of state from paying the part of the total salary and benefits that would otherwise be paid by the state for the fourth judge of the Johnson Superior Court until the auditor of state receives a resolution of the board of county commissioners of Johnson County that sets forth the board’s determination that a building in existence on January 1, 2012, has been rehabilitated and is ready as a place for the new court to hold sessions. Provides that the Wabash City Court has concurrent jurisdiction with the Wabash Circuit Court in civil cases where the amount in controversy does not exceed $1,500.

Education

House Bill 1326 contained many provisions, including one which would have required the Department of Education, in collaboration with other agencies and organizations having expertise in criminal gang education, prevention, and intervention, to identify or develop model education materials and develop a model policy to address criminal gangs and criminal gang activity in schools. A Senate committee recommended an addition to this bill that would have allowed undocumented immigrant students who were already enrolled in a state university as of July 2011 to continue paying in-state tuition. Soon thereafter, the bill failed after making it through the House and second reading in the Senate.

Energy and environment

SEA 133 allows the solid waste management board to adopt rules and establish requirements for underground storage tanks in conformance with the delivery prohibition program under 42 U.S.C. 6991k. Allows the commissioner of the Indiana Department of Environmental Management to enforce the delivery prohibition program if an owner or operator of an underground petroleum storage tank fails to register the tank or pay annual registration fees, and requires the commissioner to provide notice before issuing such a temporary order.

Health

HEA 1269 authorizes Indiana’s participation in a Health Care Compact, whereby states could collectively seek permission from Congress to suspend all federal laws, regulations and orders concerning health care that are inconsistent with the laws and regulations adopted by the member state under the compact, to the extent allowed under the Constitution of the United States and the constitution of the member state.

Juvenile justice and family law

SEA 19 lowers the age at which a parent’s obligation to pay child support ends – from age 21 to age 19 – with exceptions for higher education expenses. The bill brings Indiana’s law into alignment with support laws in most other states.

SEA 190 creates a study committee to determine whether parental rights should be terminated for rapists whose criminal act produces a child.

SEA 286 creates a Department of Child Services Interim Study Committee to examine how the DCS operates and responds to hotline calls. It also stipulates that a telephone call to the child abuse hotline is confidential and may be released only upon court order. An audio recording of a report of child abuse or neglect that is the subject of a complaint made to a prosecuting attorney under Indiana Code 31-33-22-3 shall be released without a court order to the prosecuting attorney upon written request of the prosecuting attorney.

Labor

Senate Bill 346 (FAILED) would have required the Worker’s Compensation Board, not later than January 1, 2013, to adopt rules to establish reimbursement rates for charges for medical services, treatment or supplies provided by a medical services facility to an employee for purposes of determining the pecuniary liability of an employer or an employer’s insurance carrier for a specific service, treatment or supply covered under worker’s compensation or occupational diseases compensation, and would have increased benefit amounts for injuries and disablements occurring on and after July 1, 2012.

HEA 1001 makes it a Class A misdemeanor to require an individual to become or remain a member of a labor organization; to pay dues, fees, or other charges to a labor organization; or to pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization as a condition of employment or continuation of employment.

Probate

SEA 293 phases out the inheritance tax over nine years, beginning in 2013. It reclassifies transferees, and increases the inheritance tax exemption amount for Class A transferees from $100,000 to $250,000 with respect to taxable transfers resulting from the deaths of individuals dying after Dec. 31, 2011.

HEA 1258 makes several changes to probate law, including eliminating authority to file a recovery claim against the estate of the recipient’s spouse. It also authorizes foreign wills to be probated after the expiration of the probate deadlines for the same limited purposes for which Indiana wills may be probated after the deadlines. It provides that costs of administration include the fee of a surrogate attorney to determine the priority of claims when an estate’s resources are insufficient to pay all claims.

Pro bono

SEA 235 stalled in committee, but Sen. Brent Steele was able to amend HEA1049 to include language originally contained in the bill. As of July 1, 2012 – and until July 1, 2017 – a fee of $1 assessed on any civil filing will benefit the Indiana Bar Foundation in order to supplement dwindling interest on lawyer trust accounts that fund the state’s pro bono districts.

Sentencing and criminal code

SEA 4, signed by Gov. Mitch Daniels on Jan. 30, went into effect before the Super Bowl, for the purpose of preventing human trafficking. The revision to Indiana code provides that recruiting, harboring or transporting another person to participate in sexual conduct by force, threat of force, or fraud constitutes human trafficking. It also provides that a person who recruits, harbors or transports a child less than 16 years of age with the intent of engaging the child in forced labor, involuntary servitude, prostitution or sexual conduct commits promotion of human trafficking of a minor, a Class B felony.

HEA 1033 allows a court to convert a Class D felony conviction to Class A misdemeanor, depending on the nature of the offense and the offender’s criminal history.

House Bill 1036 (FAILED) proposed making intimidation a Class C felony instead of a Class D felony if the person to whom a threat is communicated is a judge or bailiff of any court. It also would have made intimidation a Class C felony instead of a Class A misdemeanor if the person to whom a threat is communicated is a prosecuting attorney or deputy prosecuting attorney.

Tort law

SEA 273 allows the Indiana Department of Homeland Security’s Fire Prevention and Building Safety Commission to adopt rules to regulate outdoor stage equipment used in connection with an outdoor performance as a Class 1 structure. It also creates an interim committee to study the regulation of outdoor stage equipment and recommend permanent legislation.

House Bill 1234  (FAILED)  proposed increasing the liability cap in the tort claims act to $1.3 million per person and $22 million per occurrence for causes of action accruing on or after July 1, 2011.•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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