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Indiana Senate to hold hearings on crime bills

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Two crime bills moving through the Indiana General Assembly are on the agenda for Senate hearings next week.

House Bill 1006 which rewrites Indiana’s Criminal Code will be reviewed by the Senate Corrections & Criminal Law Committee at 10 a.m. March 26. Also House Bill 1482, which allows for expungement of criminal records, will go before the Senate Judiciary Committee at 9 a.m. March 27.

Senators will be discussing HB 1006 days after Gov. Mike Pence raised concerns over the measure’s approach to low-level offenders. The bill provides intensive probation – particularly for minor drug offenses – rather than incarceration. For higher-level crimes, offenders will have to serve at least 75 percent of their sentences while the so-called “worst of the worst,” like murders and child molesters, will be required to serve 85 percent of their time.  

Supporters of the legislation say the approach will reduce recidivism and save the state money. However, the governor has said he is not in favor of reducing penalties.

HB 1006, authored by Danville Republican Rep. Greg Steuerwald, incorporates the sweeping changes recommended by the Criminal Code Evaluation Commission. The commission did an exhaustive examination of the state’s criminal code and offered several suggestions to address inconsistencies which had appeared over the years.

The bill passed through the House of Representatives on an 80 to 13 vote. It is being sponsored in the Senate by Republican Sens. Brent Steele and Michael Young, and Democratic Sen. Lindel Hume.

House Bill 1482, authored by Rep. Jud McMillian, R-Brookville, requires the courts to expunge nonviolent Class D felony and misdemeanor convictions from criminal records and gives courts the option of expunging other felony convictions.

Eighty-two representatives voted for the measure and 17 voted against it. Sens. Steele and Young are also sponsoring this bill along with Democratic Sen. Earline Rogers.

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  • expungement
    Does this Bill, 1482, only apply to non-violent offenses? I am a concerned citizen as well as a constituent of someone who was convicted of a sexual offense and he is concerned as to whether his offense may be expunged, after a certain amount of time, of course, due to his particular offense not being of any violent nature. I have briefly read the Bill and it is unclear as to which certain offenses, other than misdemeanors and lower class offenses are eligible. He was convicted of a class C felony offense. Does this constitute expungement under this enactment? I believe it is under advisement of,as well as the discretion of the courts as to whether he may be entitled to be removed from registry after a period of ten (10) years of law-abiding conduct so as not to pose a threat to society, but how will this affect the registry requirement? He is a well respected member of the community, a father of three (3), a grandfather of three (3)as well as a law major who cannot acquire gainful employment with criminal history. He is diligently attempting to obtain needed credits for J.D. so that he may partake in A.B.A. exam and possibly practice law perhaps in another state if applicable. Please advise of direction or suitable alternative. Thank you.

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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