legislation

Indiana lawmakers return to correct errors

June 17, 2014
 Associated Press
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.
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Pence signs criminal code update, mental health witness bills into law

March 27, 2014
IL Staff
Gov. Mike Pence this week has signed numerous bills into law, including the legislation that reconciles conflicts between HEA 1006-2013, which reformed the state’s criminal code, and other bills touching on criminal law.
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General Assembly, Supreme Court ponder big changes for small claims

March 26, 2014
Dave Stafford
A national nonprofit organization has been tasked with a fresh study of Marion County’s troubled township small claims court system, while a bill that passed the General Assembly has implications for small claims courts around the state.
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Statehouse says yes to meth house database

March 26, 2014
Marilyn Odendahl
The methamphetamine bill that passed during the 2014 session turns attention away from the ingredients and to the contamination left behind by active meth labs. House Enrolled Act 1141 establishes an online database where potential homebuyers and renters will be able to see if their property was the site of a lab.
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Mental health witnesses, nonsupport bills move to governor’s desk

March 6, 2014
Jennifer Nelson
The Indiana Senate Wednesday concurred with changes made to legislation outlining who a court may appoint in determining whether a defendant is insane. On Tuesday, senators approved language in the expungement bill granting the Board of Law Examiners access to sealed expunged conviction records.
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Bills heading to governor’s desk

February 26, 2014
Jennifer Nelson
As the legislative session heads toward its March 14 close, several bills have passed both houses and are on their way to Gov. Mike Pence for his signature.
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Lawmakers fly through bills to meet deadlines, beat weather

February 4, 2014
IL Staff
The Indiana General Assembly has adjourned for the week after working quickly to move bills out of the House of Representatives and Senate by their respective deadlines. The legislators also kept an eye on a winter storm heading toward Indiana Tuesday.
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Marion County Small Claims bill may be headed for study committee

January 31, 2014
IL Staff
Legislation that would require Marion County Small Claims judges to select among themselves an administrative judge to carry out the duties currently performed by the Marion Circuit judge passed the Senate Judiciary Committee Wednesday. The committee also is asking for a study committee to look at Small Claims court administration.
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Sen. Long sends marriage amendment to rules committee

January 30, 2014
IL Staff
Indiana Senate President Pro Tem David Long announced Thursday morning that House Joint Resolution 3 – which seeks to amend Indiana’s Constitution to ban gay marriage – will be heard by the Rules and Legislative Procedure Committee.
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Bill proposes modest Marion County small claims reforms

January 27, 2014
Dave Stafford
Modest reforms to the derided Marion County township small claims courts are proposed in a bill scheduled to get a committee hearing Wednesday.
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IndyBar takes public position against marriage amendment

January 27, 2014
Marilyn Odendahl
Backed by the results of a membership survey, the Indianapolis Bar Association has announced its opposition to the marriage amendment being debated at the Statehouse.
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Lifeline Law expansion clears Senate committee

January 22, 2014
Dave Stafford
Indiana’s Lifeline Law that provides immunity for minors who report dangerous underage intoxication would expand to cover reporting of any medical crisis, sexual assault or crime if a bill that cleared a Senate committee Wednesday is enacted.
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Bosma moves HJR3 to new committee, citing need to vote

January 22, 2014
IL Staff
Speaker of the House of Representatives Brian Bosma Tuesday moved House Joint Resolution 3, which would ban same-sex marriage through Indiana’s Constitution, and related House Bill 1153 from the House Judiciary Committee to the Elections and Apportionment Committee. The move led Democrats to accuse the speaker of “changing the rules in the middle of the game.”
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Judiciary committee to consider guardians being able to file for divorce

January 21, 2014
Jennifer Nelson
Tackling an issue that has appeared in the Court of Appeals twice in recent months, the Senate Judiciary Committee will hear legislation that would allow guardians to file for divorce on behalf incapacitated adults.
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Committee continues hearing on ‘ag-gag’ bill Tuesday

January 20, 2014
IL Staff
The Corrections and Criminal Law Committee will hear six bills Tuesday, including controversial legislation concerning trespassing on agricultural land.
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Magistrate, expungement bills pass committee

January 17, 2014
IL Staff
Legislation updating Indiana’s expungement law – including language specifying where a petition for expungement must be filed – is now eligible for consideration by the full House. The expungement bill is one of several that moved out of committee Thursday.
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Judge firearm, ‘ag-gag’ bills to get hearings Tuesday

January 13, 2014
IL Staff
Legislation that would increase the penalties for battery on a judicial officer and provide judges the same immunity as law enforcement officers for possession and use of a firearm will be heard by an Indiana Senate Committee on Tuesday.
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Rep. Turner introduces resolution defining marriage

January 9, 2014
IL Staff
Rep. Eric Turner, R-Cicero, filed House Joint Resolution 3 Thursday, which looks to ban same-sex marriage in Indiana through the state Constitution. He also introduced a bill describing the legislative intent of offering the amendment.
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Legislators return to Statehouse Monday

January 3, 2014
IL Staff
The Indiana House of Representatives and Senate will reconvene at 1:30 p.m. Monday. Among the bills before the legislators this session are measures making battery against judicial officers a Level 5 or 6 felony instead of a misdemeanor; outlining when juvenile court records may not be confidential, and various probate and trust matters.
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Bill pledges greater gun immunity, protection for judges

December 27, 2013
Dave Stafford
Judicial officers would be granted the same ability to carry firearms and immunity as law enforcement officers under a bill introduced by the chairman of the Senate Judiciary Committee.
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Criminal code study committee sets 2 December meeting dates

November 25, 2013
IL Staff
The Criminal Law and Sentencing Policy Study Committee will hold two final meetings in December – Dec. 10 and 19 – to look at funding and sentencing.
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House, Senate override veto of HEA 1546

June 12, 2013
Jennifer Nelson
Indiana legislators gathered Wednesday on the first regular technical session of the 118th General Assembly to vote on whether to override Gov. Mike Pence’s veto of House Enrolled Act 1546, a bill concerning tax administration matters. Pence vetoed the bill over concerns about retroactive approval of taxes collected in Jackson and Pulaski counties.
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Governor signs JTAC, workers’ comp bills into law

May 13, 2013
IL Staff
The Division of State Court Administration’s Judicial Technology and Automation Committee will see a temporary boost in funding for its Odyssey case management system under a new law signed by Gov. Mike Pence.
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Pence signs into law changes to sex offender registry

May 10, 2013
IL Staff
Changes are coming to Indiana’s sex offender registry, thanks to a new law signed by Gov. Mike Pence Thursday.
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Attorney General touts consumer bills passed in 2013 legislative session

May 8, 2013
Marilyn Odendahl
Indiana Attorney General Greg Zoeller applauded the Legislature on the number of bills it passed this session which, he said, support law enforcement as well as serve and protect the state’s residents.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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