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Mental health witnesses, nonsupport bills move to governor’s desk

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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.

Senate Bill 88 breaks down mental health witnesses into two categories: those who can be appointed in cases in which the defendant is not charged with a homicide offense under I.C. 35-42-1 and those who can be appointed when a defendant is charged under that statute. The bill passed 48-1.

Senators also concurred with changes the House of Representatives made to SB 63 regarding nonsupport of a child. The legislation changes the penalty enhancement for nonsupport of a child from a Level 6 felony to a Level 5 felony if the person has a previous conviction for the offense. Current law says the felony level increases if the total amount of support owed is at least $15,000. The bill also outlines when the sentencing court may lower a conviction for nonsupport. It passed the Senate 42-6.

SB 27 on petitions for adoptions passed the Senate on a concurrent vote of 48-0. The legislation prohibits an adoption while certain appeals are pending and also provides that the court in which a petition for adoption has been filed has exclusive jurisdiction over the child if there is a petition for adoption and a paternity action pending at the same time.

The bill also asks for a study committee to look at whether a father who has abandoned a birth mother during pregnancy should be required to consent to the adoption of the child.

Senators Tuesday voted 42-6 to pass House Bill 1155 on expungement. The bill rectifies the current inconsistent procedures for expunging arrest records and specifies where a petition for expungement must be filed. The bill grants a defense attorney and probation department access to expunged records if authorized by a court order. HB 1155 also grants access to expunged records to the Indiana Supreme Court and State Board of Law Examiners to determine a person’s fitness for admission to the bar.

Senators voted 45-2 to pass HB 1006, which reconciles technical and substantive conflicts between the legislation overhauling the criminal code, HEA 1006-2013, and other bills on criminal law. It went to the House with amendments, which the House dissented on Wednesday, sending the bill to a conference committee.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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