Legislature addressing CHINS, judges, bail and more: A look at where each bill stands

By IL staff

The Indiana Lawyer staff has been keeping an eye on several bills making their way through the Indiana legislative process. Those bills deal with the right to bail, noncompete agreements, child in need of services cases and magistrate judges, among other issues.

The following is an update on each bill IL has been tracking in the 2023 legislative session. Updates are as of Feb. 10.

Senate Joint Resolution 1: Limitation on the right to bail

Digest: A defendant who poses a “substantial risk” to the public is not entitled to be released on bail.

Primary author: Sen. Eric Koch, R-Bedford

Committee action: Passed Senate Corrections and Criminal Law Committee 5-3, no amendment

Floor action: Passed Senate 34-15, amendments failed

Next step: House Courts and Criminal Code Committee, hearing not yet scheduled

Senate Bill 7: Physician noncompete agreements

Digest: Beginning July 1, a physician and an employer may not enter into a noncompete agreement.

Primary author: Sen. Justin Busch, R-Fort Wayne

Committee action: Passed Senate Health and Provider Services Committee 9-3, amended

Floor action: Passed Senate 45-5, amendment prevailed

Next step: Awaiting House committee assignment

Senate Bill 26: Representation of unlicensed caregiver in CHINS cases

Digest: An unlicensed caregiver is entitled to representation by counsel in a child in need of services proceeding under certain circumstances.

Primary author: Sen. Mike Bohacek, R-Michiana Shores

Committee action: Passed Senate Judiciary Committee 10-0, amended; reassigned to Senate Appropriations Committee

Floor action: N/A

Next step: Awaiting hearing in Appropriations Committee

Senate Bill 75: Delaware County magistrate

Digest: Allows the judges of the Delaware Circuit Court to appoint a full-time magistrate judge.

Primary author: Sen. Scott Alexander, R-Muncie

Committee action: Heard in Senate Judiciary Committee

Floor action: N/A

Next step: Awaiting vote from Judiciary Committee

Senate Bill 76: Elkhart County courts

Digest: Allows the judges of the Elkhart circuit and superior courts to appoint four full-time magistrate judges, effective July 1, then two additional full-time magistrate judges beginning Jan. 1, 2024.

Primary author: Sen. Linda Rogers, R- Granger

Committee action: Heard in Senate Judiciary Committee

Floor action: N/A

Next step: Awaiting vote in Judiciary Committee

Senate Bill 280: Prosecuting attorneys

Digest: Establishes a special prosecuting attorney unit as a division of the Indiana Prosecuting Attorneys Council, and establishes the Indiana Prosecuting Attorney Commission as a division of IPAC.

Primary author: Sen. Aaron Freeman, R-Indianapolis

Committee action: Passed Senate Corrections and Criminal Law Committee 7-0; reassigned to Senate Appropriations Committee

Floor action: N/A

Next step: Awaiting hearing in Appropriations Committee

Senate Bill 329: Dubois County courts

Digest: Allows the Dubois County judicial district to establish a second Superior Court.

Primary author: Sen. Mark Messmer, R-Jasper

Committee action: Heard in Senate Judiciary Committee

Floor action: N/A

Next step: Awaiting vote in Judiciary Committee

Senate Bill 331: Deposition of child victim

Digest: Specifies that “deposition” or “depose,” for purposes of a criminal case with a child victim, means a deposition pursuant to Indiana Trial Rule 30 or 31, or any other formal or informal statement or interview.

Primary author: Sen. Mark Messmer, R-Jasper

Committee action: Passed Senate Judiciary Committee 8-1

Floor action: Passed Senate 49-0

Next step: Awaiting House committee assignment

House Bill 1114: New courts and new magistrate judges

Digest: Allows the judges of the Daviess circuit and superior courts, Delaware Circuit Court and Spencer Circuit Court to appoint a magistrate; establishes a second Superior Court in Dubois County; allows the Vigo Superior Court to appoint one additional judge; and allows the judges of the Elkhart circuit and superior courts to appoint four full-time magistrates judges effective July 1, 2023, then two additional full-time magistrates beginning Jan. 1, 2024.

Primary author: Rep. Jerry Torr, R-Carmel

Committee action: Passed House Courts and Criminal Code Committee 13-0; referred to House Ways and Means Committee pursuant to House Rule 127

Floor action: N/A

Next step: Awaiting hearing in Ways and Means Committee

House Bill 1172: Paternity actions

Digest: Among other provisions, allows for the appointment of counsel to a child in a CHINS case if the child is at leat 14 years old and meets other requirements.

Primary author: Rep. Edward Clere, R-New Albany

Committee action: Heard House Judiciary Committee

Floor action: N/A

Next step: Awaiting vote from Judiciary Committee•