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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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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

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  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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