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Lawmakers revising sex-offender registry rules

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Hoosier lawmakers are revising state law following the confusion created by an Indiana Supreme Court ruling last year relating to how convicted sex offenders can be removed from a statewide registry if they believe registration wasn't required at the time of their conviction.

This week, the House Judiciary Committee amended Senate Bill 224 to set up a statutory mechanism for removing registered offenders from the online public database. The move comes after months of debate caused by the April 2009 ruling of Richard P. Wallace v. State, 905 N.E.2d 371 (Ind. 2009).

In Wallace, the state justices unanimously held that Indiana's Sex Offender Registration Act from 1994 imposed retroactive punishment on offenders convicted before that time in violation of Indiana Constitution Article I, §24. But the justices did not specify how offenders should be removed from the registry if there's a potential or alleged ex post facto claim. Since then, the Indiana Department of Correction has been at odds with county prosecutors and sheriffs about the Wallace decision's scope and how specifically offenders convicted in 1994 or before should be removed from that list. Several lawsuits have been filed throughout the state on the issue of post-Wallace registration requirements as well, and those remain pending. 

Seeing this void in state law resulting from the Wallace ruling, the Attorney General's Office began working with everyone involved to provide some clarity in the procedures. The state agency also worked with the Indiana Prosecuting Attorney's Council and Indiana Public Defender's Council to craft a legislative fix for this problem, specifically by putting into law the procedure and stance taken by the DOC. The language would revise the statute regarding offenders seeking relief from registry requirements by requiring that person to file a petition in court and request a court order for removal. The prosecutor would receive notice and have a chance to respond, and the offender would have to provide information to prove he's no longer eligible for listing on the registry. If the judge orders removal, the DOC would be required to grant it.

It was attached to a bill originally designed to address the issue of sexually explicit text messages, or "sexting," but that topic has been watered down in the legislation and now would create a panel to study and make recommendations on that topic.

The full House voted unanimously in favor of the committee-amended legislation on Monday, and the bill passed on third reading Thursday and was sent back to the Senate with amendments. Since the Senate had approved the initial bill prior to the Wallace language being added, senators would have to sign off on the changes or send it to conference committee for review before it could move on to the governor for consideration. If passed into law, it would take effect July 1.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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