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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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