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Lawmakers miss self-imposed deadline

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The Indiana General Assembly tried to end the session more than a week before the constitutional March 14 deadline, but impasses on school funding and unemployment insurance caused the legislators to miss their March 4 self-imposed deadline.

Several bills of interest to the legal community made it out of conference committee, a few with major changes. Legislators cut out the language in Senate Enrolled Act 307 that established Bartholomew Superior Court 3 and reorganized Clark Superior Courts into a unified Circuit Court. Instead, the bill reverted back to its original form of dealing only with Floyd County court matters.

House Enrolled Act 1276, which had been amended to require the Judicial Technology and Automation Committee to report divorce decree statistics each year, was completely stripped in conference committee and converted into a bill on French Lick resort matters. When originally filed, the bill dealt with domestic violence, bullying, and sending of sexual material, but was later amended to focus on the release of records, HIV testing, and JTAC matters.

SEA 224 was amended in conference committee to make the new filing and notice requirements for sex offenders effective upon passage instead of July 1, 2010. The bill was amended during the session to include language addressing the process of removing names of sex offenders from the registry if they qualify.

The Indiana Supreme Court's 2009 decision in Wallace v. State had caused confusion about the process. Now sex offenders will need to file a petition in court and request a court order for removal. The prosecutor will receive notice and have a chance to respond, and the offender would have to provide information to prove he or she is no longer eligible for listing on the registry. If the judge orders removal, the Department of Correction would have to grant it.

Senate Bill 399, which deals with caps on fines for moving violations, now says that a person who admits the violation on the day of the person's court date or who contests the ticket under certain circumstances may not be required to pay more than court costs plus a judgment of $35.50. The conference committee also resolved a conflict between its language and language in HEA 1154, a bill dealing with Marion County courts.

Language concerning Local Development Agreement transparency may not be dead yet. The language was originally inserted into SB 405, which died in the House. There is a chance the language will be inserted into HB 1086, an economic-development bill currently in conference committee, said Bryan Corbin, public information officer for the Attorney General's Office. The AG supports only this language in the bill, which would require non-profit and for-profit LDA agencies that receive casino money to disclose to the state how they distribute grant money. This language failed to pass during the 2009 session.

Two bills of relevance to the courts remained in conference committee as of Indiana Lawyer deadline Thursday - SB 149, involving Department of Child Services matters including out-of-state placements; and HB 1271, which deals with problem-solving courts.

Already before the governor awaiting signatures are HEA 1100, which prohibits an inmate in a county jail from having a cell phone; HEA 1186 on interlocal agreements concerning courts; and HEA 1350 on uniform acts concerning civil procedure.

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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