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. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon