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Power of attorney, Allen County magistrate bills ready for enrollment

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Legislation that deals with power of attorney and that would give Allen Circuit Court a second full-time magistrate have made it through both houses of the Indiana Legislature.

Senate Bill 157 will allow for copies of a power of attorney to have the same force and effect as the original as long as the person granting the power of attorney certifies that the copy is correct and true. The bill also asks the Legislative Council to take a look at issues related to POA during the 2012 legislative interim. SB 152 allows for the Allen Circuit judge to appoint a second full-time magistrate beginning July 1, 2013. The bill repeals the judge’s authority to appoint a hearing officer who has the powers of a magistrate.

SB 97, which looks to narrow the scope of Indiana’s public intoxication law, is being considered by a conference committee. The bill will address the issues that arose in Moore v. State, in which the Indiana Supreme court reinstated the public intoxication conviction of a woman who was riding in her car that was being driven by a sober driver. The car was pulled over and police discovered the driver didn’t have a valid license. When Brenda Moore couldn’t drive the car because of her state of intoxication, police arrested her for public intoxication.

The legislation says that someone can’t be convicted of public intoxication unless the person endangers his or her own life, someone else’s life, or is likely to disturb the peace, create a disturbance, or harass someone else.

Another bill inspired by a Supreme Court ruling – Barnes v. State – has passed third reading in the House and has been sent back to the Senate with amendments. SB 1 specifies that a person may use reasonable force against any other person – including law enforcement – in certain circumstances.

SB 235, which would add a fee to address declining IOTLA funds, has stalled in the House Ways and Means Committee, but language was added to House Bill 1049 creating a $1 pro bono legal fee before July 1, 2020, that would go to the Indiana Bar Foundation. That bill, which also addresses courts, the inspector general and protection orders, is back in the House for consideration.

Legislation that would phase out Indiana’s inheritance tax, SB 293, has passed the House and been sent back to the Senate with amendments. SB 18, which dictates that a parent no longer has to provide child support after a child turns 19, is also back in the Senate with amendments.

Thus far, Gov. Mitch Daniels has received 26 enrolled acts this session and signed 18. To view the status of these or any other bills, visit the General Assembly’s bill watch page.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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