300 new laws take effect in Indiana on July 1

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By Melissa Hudson

Here are a few of the new laws that take effect in Indiana on July 1, 2013.

Ice skating rink liability
S.E.A. 117, P.L. 77-2013
Effective July 1, 2013
Specifies the duties and responsibilities of ice skaters and a postsecondary educational institution that operates an ice skating rink. Specifies that the operator of an ice skating rink who fulfills the operator’s duties and responsibilities has a complete defense to a civil action. Makes conforming amendments.

Methamphetamine vehicle information disclosure
S.E.A. 277, P.L. 76-2013
Effective July 1, 2013
Requires a dealer or seller who knows or reasonably should know that methamphetamine has been manufactured in a motor vehicle within the previous two years to disclose this fact, in writing, to a buyer, prospective buyer, lessee, or prospective lessee of the motor vehicle before the sale. Permits a dealer or seller to include a decontamination report with the written disclosure. Provides that failure to disclose gives rise to a cause of action in which the buyer may seek: (1) remediation to a certain standard; or (2) reimbursement for remediation costs. Provides that, in addition, a court may award a buyer or prospective buyer liquidated damages of not more than $10,000, and that existing tort remedies that may be available to a buyer or lessee are not eliminated or abrogated.

Nonnamed parties in foreclosure actions
S.E.A. 279, P.L. 189-2013
Effective July 1, 2013
Eliminates a provision under which certain omitted parties (parties who have an interest in the property subject to a mortgage foreclosure action but who are not named in the foreclosure action) are bound by the court’s judgment in the foreclosure action as if they had been parties to the foreclosure action. Limits the post-sale redemption rights of certain omitted parties.

Senior consumer protection act
S.E.A. 382, P.L. 250-2013
Effective July 1, 2013; §4 effective May 11, 2013
Creates the senior consumer protection act and makes conforming changes. Refers actions regulated by the: (1) department of insurance to the insurance commissioner; and (2) Indiana uniform securities act to the secretary of state.

Fraud
S.E.A. 559, P.L. 197-2013
Effective July 1, 2013
Establishes procedures for filing a civil action on behalf of the state to recover money owed to the state, plus civil penalties and damages, due to the filing of a false claim under the Medicaid program. Provides that the attorney general and the inspector general have concurrent jurisdiction to investigate such false claims. Permits an individual to file a civil action concerning false Medicaid claims on behalf of the individual and the state, and specifies the amounts an individual is entitled to receive if the state prevails in the action. Under certain conditions, allows the attorney general or the inspector general to intervene in an action filed by an individual or to seek dismissal of that action. Provides enhanced relief for a whistleblower who has been retaliated against by an employer for assisting in an investigation concerning a false Medicaid claim. Specifies that all state agencies shall cooperate with the department of state revenue (department) in tax administration by providing, at no charge to the department, relevant information that the department requests, including monthly reports identifying the use of a fraudulent identity. Requires the department of correction to annually provide to the department an electronic file listing the name and Social Security number of each individual under the jurisdiction of the department of correction. Requires the state department of health to annually provide to the department an electronic file listing the name of each individual for whom an Indiana death certificate was issued during the last year. Requires the state excise police to investigate allegations of electronic benefit transfer (EBT) fraud. Requires an owner, vendor, or third party processor of an automated teller machine or point of sale terminal to disable access to electronic cash assistance benefits in specified prohibited locations. Requires the division of family resources to assist owners, vendors, and third party processors in carrying out this provision. Makes it a Class B infraction for a person to violate these provisions. Requires the division of family resources to establish a process for certain recipients to follow in order to receive a replacement EBT card. Sets forth the Medicaid ineligibility time frame for a person who is convicted of forgery, fraud, legend drug deception, and other deceptions related to the application for or receipt of Medicaid assistance. Requires a transportation provider that applies to enroll in the Medicaid program to file with the office of Medicaid policy and planning a surety bond to be used for specified purposes. Provides certain exceptions. Includes pharmacy benefit managers in the definition of “insurer” for purposes of releasing specified information to the office of Medicaid policy and planning (office) and the office’s agents. Requires the office to visit certain Medicaid providers and provider applicants if certain conditions are met. Requires a national criminal history background check on certain Medicaid provider applicants at the cost of the applicant. Allows an audit and inspection of completed school lunch program applications to ensure that applicants meet the requirements to participate in the program.

School liability
H.E.A. 1159, P.L. 220-2013
Effective July 1, 2013
Limits the liability of a public school or an accredited nonpublic school that provides community use physical fitness activities to the general public. Specifies that the tort claims act applies to charter schools, and provides tort claims immunity to a public or charter school for a claim based on the adoption or enforcement of a policy, or on the failure to adopt or enforce a policy.

Various privacy issues
H.E.A. 1376, P.L. 151-2013
Effective July 1, 2013; §9 effective May 2, 2013
Makes the following changes to the statute concerning telephone caller identification services: (1) Repeals the definition of “telecommunications service provider”. (2) Adds the definition of “provider” in the statutes concerning: (a) telephone caller identification services; and (b) telephone solicitations; replaces the term “caller ID” with the term “caller identification”, as used in the federal Caller ID Act of 2009. Provides that a person shall not knowingly and with the intent to defraud or cause harm to another person, or to wrongfully obtain anything of value, cause any caller identification service to transmit misleading or inaccurate caller identification information to a subscriber in Indiana. Exempts certain activities from the prohibition. Provides that a violation of the prohibition is: (1) a Class B misdemeanor; and (2) a deceptive act actionable by the attorney general. Specifies that the attorney general may recover a civil penalty of not more than $10,000 for a knowing violation. Provides that a subsequent violation is a Class A misdemeanor. Provides a cause of action for: (1) damages; and (2) injunctive relief; for any person aggrieved by a violation. Prohibits the professional licensing agency (PLA) or a board administered by the PLA from disclosing to the public personal information of an individual who: (1) applies for or holds a license, certificate, registration, or permit issued by a board; or (2) is a member of a board administered by the PLA; subject to certain exceptions specified by law. Makes conforming amendments.

Various business law matters
H.E.A. 1394, P.L. 40-2013
Effective July 1, 2013
Makes various changes to provisions concerning: (1) corporations; (2) partnerships; (3) limited partnerships; (4) nonprofit corporations; and (5) limited liability companies.

Donations of agricultural products and livestock
H.E.A. 1519, P.L. 155-2013
Effective July 1, 2013
Adds agricultural products and livestock to the items for which a person, who in good faith donates the item to a charitable entity, is not liable for civil damages unless the damages are the result of that person’s intentional, knowing, or reckless misconduct. Provides that the immunity for a gift of a food item to a charitable entity does not apply to a person who makes the gift if the use, condition, or quality of the food results in damages from the person’s intentional, knowing, or reckless violation of food safety laws. Provides that a charitable entity that in good faith receives a gift of a food item, an agricultural product, or livestock is not liable for civil damages arising from its use, condition, quality, or content unless the damages are the result of that entity’s intentional, knowing, or reckless misconduct.

 

Habitual offender charge filing deadline
S.E.A. 31, P.L. 24-2013
Effective July 1, 2013
Allows an indictment or information to be amended to include a habitual offender charge if the amendment is filed at least 30 days before trial. Permits such an amendment to be made at any time if it does not prejudice the substantial rights of the defendant. Provides that if an amendment is made less than 30 days before trial, the court shall grant a continuance to the: (1) state, for good cause shown; or (2) defendant, for any reason. (Current law provides that such an amendment of an indictment or information to include a habitual offender charge must be made: (1) not later than 10 days after the omnibus date; or (2) upon a showing of good cause, at any time before the trial.)

Child seduction
S.E.A. 53, P.L. 208-2013
Effective July 1, 2013
Defines “professional relationship” and provides that a person who: (1) has a professional relationship with a child; (2) may exert undue influence on the child because of the professional relationship; and (3) uses the person’s professional relationship to engage in sexual conduct with a child at least 16 years of age but less than 18 years of age; commits child seduction. Provides that child seduction is a Class C felony if it involves intercourse or deviate sexual conduct, and a Class D felony if it involves fondling. (Under current law, child seduction is a Class D felony in all cases.)

Statutes of limitations involving child sex abuse
S.E.A. 142, P.L. 44-2013
Effective July 1, 2013
Increases the statute of limitations for a civil action based on child sexual abuse to the later of: (1) seven years after the cause of action accrues; or (2) four years after the person ceases to be a dependent of the person alleged to have performed the sexual abuse. Increases the statute of limitations for the criminal prosecution of certain sex offenses involving children from five years to the later of: (1) 10 years after the commission of the offense; or (2) four years after the person ceases to be a dependent of the person alleged to have committed the offense.

Chemical tests for intoxication
S.E.A. 168, P.L. 237-2013
Effective July 1, 2013
Provides that a bodily substance sample may be obtained by any person qualified through training, experience, or education to obtain a bodily substance sample. Provides that a law enforcement officer may not obtain a blood sample if the blood sample is to be obtained from another law enforcement officer as a result of the other law enforcement officer’s involvement in an accident or alleged crime. Permits a law enforcement officer who is otherwise qualified to obtain a bodily substance sample under this section to obtain a bodily substance sample from a person who is not a law enforcement officer only if: (1) before January 1, 2013, the officer obtained a bodily substance sample from an individual as part of the officer’s official duties as a law enforcement officer; and (2) the person consents to the officer obtaining a bodily substance sample, or taking the bodily substance sample from the individual is authorized by a search warrant.

Indiana public retirement system administrative matters
S.E.A. 228, P.L. 15-2013
Effective July 1, 2013
Requires that an order for restitution be issued by the sentencing court before money may be taken from a PERF member’s account to compensate an employer for a criminal taking by the member, and provides that money may be taken from a TRF member’s account in the same manner as with PERF.

Child solicitation and attempt
S.E.A. 347, P.L. 247-2013
Effective §1, 4 May 11, 2013; §§ 2, 3, 8-10 effective July 1, 2013; §§5-7 effective July 1, 2014
Raises the offense of child solicitation to a Class B felony if a person solicits the child to engage in sexual intercourse or deviate sexual conduct and the person: (1) has a previous conviction; or (2) travels to meet the child after using a computer network to solicit the child. As a condition of the sex offender’s probation, parole, or participation in a community transition program, prohibits a sex offender from using social media to contact a child less than 16 years of age; makes it a sex offender Internet offense, a Class A misdemeanor, if the sex offender knowingly or intentionally violates this condition; and makes the sex offender Internet offense a Class D felony if the sex offender has a prior unrelated conviction for a sex offender Internet offense. Provides a defense to a prosecution for a sex offender Internet offense if the sex offender reasonably believed that the child was at least 16 years of age. Provides that a person may be convicted of attempted child molesting if the person believed the intended victim was a child under 14 years of age at the time the person attempted to commit the offense. Expands the definition of “social networking web site” and “instant messaging or chat room program”. Provides that a person performs a “substantial step” for purposes of an attempt crime if the person, with intent to commit a sex crime against a child, communicates with the child concerning the sex crime and travels to another location to meet the child. Specifies that a person at least 18 years of age can commit the offense of inappropriate communication with a child. (Under current law, the offense can be committed only by a person at least 21 years of age.) Raises inappropriate communication with a child to a Class D felony if the person has a prior unrelated conviction for a sex offense. Urges the legislative council to assign to the criminal law and sentencing policy study committee or another existing study committee the topic of the collection of crime and delinquency data.

Intimidation
S.E.A. 361, P.L. 123-2013
Effective July 1, 2013
Provides that for the crime of intimidation, “communicates” includes posting a message electronically, including on a social networking web site. Provides that it is a Class D felony if the person to whom the threat is communicated is: (1) an employee of a hospital, school, church, or religious organization; or (2) is a person that owns a building or structure that is open to the public or is an employee of the person. Specifies that communicating a threat with the intent to interfere with the occupancy of certain buildings may constitute intimidation. Increases the penalty to a Class C felony if it is committed against a judge, bailiff, prosecuting attorney, or deputy prosecuting attorney.

Abandoned property; property safety; mobile homes
S.E.A. 433, P.L. 203-2013
Effective July 1, 2013
Amends a statute authorizing judicial determination that real property subject to a mortgage is abandoned so as to authorize a judicial determination under that statute that real property not subject to a mortgage is abandoned. Authorizes a municipality or county to bring an action to collect unpaid expenses relating to the abatement of high weeds and grass. (Under current law, the municipality or county may obtain only a lien on the property containing the high weeds and grass.) Provides that a creditor is a person immune from civil liability for entering abandoned real property to perform certain actions to clean up the real property. Provides that removal or painting over of graffiti is an action that is immunized. Provides that a person who enters or refuses to leave vacant or abandoned property after having been barred from the property by a court order or a law enforcement officer commits criminal trespass. Provides that for purposes of the statute relating to removal of weeds from properties, notice may be given by first class mail rather than by certified mail. Provides that only the owner of a mobile home may obtain the permit required to move the mobile home from one location to another.

Control of Ephedrine/Pseudoephedrine
S.E.A. 496, P.L. 193-2013
Effective July 1, 2013
Specifies that ephedrine or pseudoephedrine may be sold only by a pharmacy or a retailer that uses the NPLEx tracking system. Allows a retailer who: (1) does not use the NPLEx tracking system; and (2) meets certain other requirements; to sell ephedrine or pseudoephedrine in convenience packages until January 1, 2014. Provides that: (1) a pharmacy may not sell more than 61.2 grams of ephedrine or pseudoephedrine to an individual in a 365 day period; and (2) an individual may not purchase more than 61.2 grams of ephedrine or pseudoephedrine in a 365 day period. Prohibits a person convicted of certain offenses involving methamphetamine from possessing ephedrine, pseudoephedrine, or phenylpropanolamine within seven years of the person’s conviction, unless dispensed under a prescription. Increases the penalty for furnishing methamphetamine precursors to another person with knowledge that the recipient will use the precursors to manufacture a controlled substance if the person furnishes more than 10 grams of certain precursors. Removes a provision requiring certain signage where ephedrine or pseudoephedrine is sold.

Human trafficking
S.E.A. 509, P.L. 55-2013
Effective July 1, 2013
Makes it promotion of human trafficking of a minor to knowingly or intentionally recruit, harbor, or transport a child less than 18 years of age with the intent of: (1) engaging the child in forced labor or involuntary servitude; or (2) inducing or causing the child to engage in prostitution or an unlawful performance that includes sexual conduct. (Current law applies only to a child less than 16 years of age and does not apply to an unlawful performance.) Makes it sexual trafficking of a minor to knowingly or intentionally sell or transfer custody of a child less than 18 years of age for sexual purposes. (Current law applies only to a child less than 16 years of age).

Budget Bill - Funding for probation training and forensic diversion
H.E.A. 1001, P.L. 205-2013
Effective July 1, 2013
FY 2013-2014               FY 2014-2015
Appropriation                Appropriation
PROBATION OFFICERS TRAINING
Total Operating Expense            250,000                         250,000
FORENSIC DIVERSION PROGRAM
Total Operating Expense            0                                  2,000,000

Various changes to the criminal code
H.E.A. 1006, P.L. 158-2013
Effective July 1, 2014; §§317, 591, 683-684 effective July 1, 2013
Makes various changes to the criminal code, including changes to the law concerning community corrections, probation, sentencing, probation funding, drug and alcohol program funding, involuntary manslaughter, communicable disease crimes, battery, hazing, obstruction of traffic crimes, interference with medical services crimes, kidnapping, confinement, criminal mischief, railroad mischief, computer crimes, theft, deception and fraud crimes, timber spiking, offenses against general public administration, criminal gang activity crimes, stalking, offenses against public health, child care provider crimes, weapon crimes, drug crimes, protection zones, and rape. Repeals the law concerning criminal deviate conduct, and consolidates the crime of criminal deviate conduct into the crime of rape. Changes the phrase “deviate sexual conduct” to “other sexual conduct”. Repeals laws concerning carjacking, and failure of a student athlete to disclose recruitment. Removes the current four level felony penalty classification and replaces that classification with a six level felony penalty classification. Assigns new felony penalties to each crime. Permits a judge to contact the local department of child services directly to report suspected cases of child abuse or neglect under certain conditions, and provides that a child who lives in the same household as a person charged with and awaiting trial for certain sex offenses is a child in need of services. Removes the misdemeanor penalty for the entry or attempted entry by a person under the age of 21 into certain facilities that permit gambling and makes the violation an infraction. Urges the legislative council to: (1) require an existing study committee to evaluate the criminal law statutes in IC 7.1 and IC 9 and to make recommendations to the general assembly for the modification of the criminal law statutes in those titles; (2) study recidivism in Indiana; (3) study criminal justice funding issues; (4) study advisory sentences; and (5) study the suspendibility of sentences. Makes technical corrections. Makes conforming amendments. (The introduced version of this bill was prepared by the criminal code evaluation commission.)

Sex offenses and sex offenders
H.E.A. 1053, P.L. 214-2013
Effective July 1, 2013; §2, 15-29, 31-32, 34-37, 40, 44-46 effective July 1, 2014
Requires the department of correction to remove from the public portal of the sex offender registry the information relating to a sex or violent offender who is deceased or no longer required to register. Adds the vehicle identification number of the vehicle owned or regularly operated by the offender to the information required for sex offender registration, requires an offender to report certain information changes within 72 hours, and provides that an offender’s driver’s license or identification card must contain the offender’s current address and physical description. Provides that an offender who is scheduled to move must register in the appropriate location within 72 hours. Removes the requirement that a local law enforcement authority contact offenders by mail and permits local law enforcement authorities to contact the offenders in a manner approved by the department of correction. Makes it possession of child pornography, a Class D felony, for a person to knowingly or intentionally possess certain items that: (1) depict or describe sexual conduct by a child who the person knows is less than 18 years of age or who appears to be less than 18 years of age; and (2) lack serious literary, artistic, political, or scientific value. Makes knowingly or intentionally: (1) sending or bringing into Indiana obscene matter for sale or distribution; or (2) offering to distribute, distributing, or exhibiting to another person obscene matter; a Class D felony instead of a Class A misdemeanor if the obscene matter depicts or describes sexual conduct involving any person who is or appears to be under 18 years of age. Makes knowingly or intentionally engaging in, participating in, managing, producing, sponsoring, presenting, exhibiting, photographing, filming, or videotaping any obscene performance a Class D felony instead of a Class A misdemeanor if the obscene performance depicts or describes sexual conduct involving any person who is or appears to be under 18 years of age. Merges, effective July 1, 2014, the offense of criminal deviate conduct into the crime of rape and repeals the criminal deviate conduct statute. Increases the sexual assault victims fee to a range between $500 and $5,000. (Under current law, the fee ranges from $250 to $1,000.) Adds: (1) promotion of human trafficking; (2) promotion of human trafficking of a minor; (3) sexual trafficking of a minor; and (4) human trafficking; to the offenses for which a convicted individual is required to pay the sexual assault victims fee. Makes conforming amendments and technical corrections. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

Killing a law enforcement animal
H.E.A. 1093, P.L. 161-2013
Effective July 1, 2013
Requires a court to order a person convicted of the offense of: (1) striking, tormenting, injuring, or otherwise mistreating a law enforcement animal; or (2) interfering with the actions of a law enforcement animal while the animal is engaged in assisting a law enforcement officer; to make restitution to the person or law enforcement agency that owns the animal for reimbursement of replacement costs of the animal if the animal is permanently disabled or killed. Permits a law enforcement agency to apply to the violent crime victims compensation unit to obtain reimbursement for expenses incurred in connection with a law enforcement animal that is killed or permanently disabled. Urges the legislative council to assign to an interim study committee the topic of the appropriate penalty for a person who harms a law enforcement animal.

Sale of electronic cigarettes to minors
H.E.A. 1225, P.L. 20-2013
Effective July 1, 2013
Prohibits the sale of electronic cigarettes to individuals less than 18 years of age. Makes it a Class C infraction for an individual less than 18 years of age to purchase, accept for personal use, or possess an electronic cigarette. Regulates display and use of electronic cigarettes in vending machines. Makes other changes concerning the use of electronic cigarettes.

Controlled substances
H.E.A. 1382, P.L. 283-2013
Effective July 1, 2013
Adds additional drug compounds to Schedules I, II, IV, and V.

Restricting criminal background checks
H.E.A. 1392, P.L. 112-2013
Effective July 1, 2013
Specifies that the clerk of a court is not a “criminal history provider”. Permits a criminal history provider to provide certain information relating to an incident that did not result in a conviction. Provides that a criminal history provider may provide information concerning expunged, restricted, or reduced convictions to a person required by law to obtain this information. Specifies that a criminal history provider does not violate the requirement to provide current information if the public records used to obtain the information are not current. Provides that a violation of these requirements is a deceptive act. Repeals a provision requiring a clerk to restrict disclosure of an infraction five years after it has been satisfied and permits a person to petition a court to restrict disclosure of an infraction five years after it has been satisfied. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

Expungement
H.E.A. 1482, P.L. 159-2013
Effective July 1, 2013
Allows a court to enter judgment of conviction as a Class D felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor if the defendant fulfills certain conditions. Requires a court to seal the arrest records of a person who was arrested but not prosecuted or whose conviction was overturned on appeal. Provides that a court shall expunge records concerning misdemeanor convictions and minor Class D felony convictions under certain circumstances, and that a court may expunge records concerning certain more serious felony convictions. Specifies that misdemeanor and minor Class D felony records ordered expunged by the court are removed or sealed, and that more serious felony records ordered expunged are marked as expunged but remain public records. Permits a law enforcement officer to have access to certain expunged records without a court order. Establishes a procedure to expunge records, and requires payment of the civil filing fee to petition to expunge a conviction. Provides that a person may file a petition to expunge more than one conviction, and provides that a person may only petition for expungement once in the person’s lifetime. Provides that a petition to expunge a conviction may be filed not earlier than: (1) five years from the date of conviction, in the case of a misdemeanor; (2) eight years from the date of conviction in the case of minor Class D felonies; (3) eight years from the date the sentence is completed in the case of more serious felonies; and (4) ten years from the date the sentence is completed in the case of the most serious felonies. Requires consent of the prosecutor to petition for expungement of the most serious felonies, and prohibits granting expungement in the case of sex and violent offenders and persons convicted of specified serious crimes. Provides that the civil rights of a person whose records are expunged are restored, and requires a person questioned about a previous conviction for employment or other certain other purposes be asked about the previous conviction in a form such as “Have you ever been arrested for or convicted of a crime that has not been expunged by a court?” Specifies that an expunged conviction is not admissible in an action for negligent hiring, admission, or licensure. Repeals superseded provisions concerning expungement and restricted disclosure of records. This legislation applies to juvenile adjudications.

Natural resource matters
H.E.A. 1563, P.L. 263-2013
Effective July 1, 2013
Provides that a person who takes or possesses a deer or wild turkey: (1) unlawfully; (2) by illegal methods; or (3) with illegal devices; while using or possessing a silencer commits a Class C misdemeanor. Requires a nonresident of Indiana to acquire a special license to shoot on licensed shooting preserves in Indiana. Makes the fee for a special license equal to the fee for a resident annual hunting license. Requires DNR to issue the special licenses. Makes hunting on private land without the permission of the owner a Class B misdemeanor if the person does so while using or possessing a silencer. Reduces all hunter orange violations to a Class D infraction. Removes a provision that makes it a Class B misdemeanor for a person to manufacture, possess, display, offer, sell, lend, give away, or purchase certain knives with blades that open automatically.

Child support
S.E.A. 6, P.L. 207-2013
Effective May 9, 2013; §8, 10 effective July 1, 2013; §45 effective July 1, 2012
Makes child support provisions in proceedings relating to dissolution the same as child support provisions in proceedings relating to paternity. Specifies when certain educational support petitions may be filed, and permits certain persons to file a subsequent petition for educational support.

Child fatality reviews and commission on children
S.E.A. 125, P.L. 119-2013
Effective July 1, 2013
Establishes the commission on improving the status of children (the commission) in Indiana to: (1) study issues concerning vulnerable youth; (2) review legislation; (3) cooperate with other entities; and (4) take other actions relating to children. Establishes a child services oversight committee to: (1) review data reports from the department of child services (DCS); (2) review annual reports from the DCS ombudsman; (3) make recommendations to the commission to improve the delivery of child protection services; and (4) submit an annual report to the commission. Repeals the law establishing the department of child services interim study committee. Establishes a local child fatality review team in each county. Requires a local child fatality review team to submit an annual report to the state child fatality review coordinator. Requires a local child fatality review team to review the death of a child in certain circumstances. Establishes the statewide child fatality review committee and requires the committee to: (1) compile and analyze data recorded by local child fatality review teams; (2) review child mortality records; (3) assist local child fatality review teams; (4) assist in or conduct a review of the death of a child in certain circumstances; and (5) create strategies and make recommendations for the safety of children and prevention of serious injuries or deaths of children. Requires the state department of health to employ a state child fatality review coordinator. (The introduced version of this bill was prepared by the department of child services interim study committee.)

Child in need of services petitions
S.E.A. 164, P.L. 236-2013
Effective July 1, 2013
Allows a prosecuting attorney to request a juvenile court to authorize the filing of a petition alleging that a child is a child in need of services, and requires a prosecuting attorney to represent the interests of the state in the child in need of services proceeding, unless the prosecuting attorney and the department of child services agree that the department shall represent the interests of the state in that proceeding. Provides that if a prosecuting attorney is representing the interests of the state at a subsequent proceeding after a CHINS petition is filed, all deadlines and procedures concerning CHINS apply to the prosecuting attorney to the same extent as they apply to the department. (The introduced version of this bill was prepared by the department of child services interim study committee.)

Petition to modify custody and visitation
S.E.A. 202, P.L. 239-2013
Effective July 1, 2013
Provides that if a person files a petition to establish or modify a guardianship, visitation, or child custody, a party to the proceeding shall inform the court under seal if: (1) a party has been determined to be a perpetrator in a substantiated report of child abuse or neglect; or (2) the child named in the petition has been the subject of a substantiated report of child abuse and neglect, has been determined to be a child in need of services, or has been involved in an informal adjustment. DCS shall respond under seal to a request from the court. (The introduced version of this bill was prepared by the department of child services interim study committee.)

Budget bill – Judge calls DCS for assessment of abuse or neglect
H.E.A. 1001, P.L. 205-2013
Effective July 1, 2013
If a report of known or suspected child abuse or neglect is received from a judge or prosecutor requesting the Department of Child Services to initiate a child protection assessment, the department shall initiate an assessment in accordance with this section.

Criminal Code Reform Bill  - Judge calls DCS for assessment of abuse or neglect
H.E.A. 1006, P.L. 158-2013
Effective July 1, 2013
When confronted with a potential case of child abuse or neglect, a judge who wishes to contact the department shall first use the child abuse hotline to report the suspected child abuse or neglect to the department. If the: (1) judge does not obtain a response from the child abuse hotline; or (2) response the judge obtains from the hotline will not, in the opinion of the judge, serve the best interests of the child; the judge may contact a local office of the department directly to report the suspected child abuse or neglect

Adoption history information
H.E.A. 1029, P.L. 97-2013
Effective July 1, 2013
Adds a relative of an adoptee and a pre-adoptive sibling to the list of interested persons who may obtain medical history information and file a petition with an appropriate court to request the release of medical information, nonidentifying information, or identifying information. Requires that a petition requesting release of medical, nonidentifying, or identifying information must include the reasons why the release of information may be beneficial to an adoptee, birth parent, relative of an adoptee, or relative of a birth parent. (Current law requires that the petition must include reasons why the release of information may be beneficial to the adoptee or birth parent.) Requires the court to appoint a confidential intermediary if certain requirements are met and the petitioner has shown an emergency medical need or good cause relating to the welfare of an adoptee, birth parent, relative of an adoptee, or relative of a birth parent. (Current law requires the court to appoint a confidential intermediary if certain requirements are met and the petitioner has shown an emergency medical need or good cause relating to the welfare of an adoptee or birth parent.)

Sentencing alternatives for youthful offenders
H.E.A. 1108, P.L. 104-2013
Effective July 1, 2013
Establishes sentencing alternatives for courts with criminal jurisdiction for: (1) offenders who are less than 18 years of age who have been waived from a juvenile court to a court with criminal jurisdiction and who are charged as adult offenders; and (2) offenders who are less than 18 years of age who do not come under the jurisdiction of a juvenile court because the offenders are charged with certain criminal offenses. Provides that if such an offender is convicted of committing a felony or pleads guilty to committing a felony, a criminal court may: (1) impose an appropriate criminal sentence on the offender; (2) suspend the criminal sentence imposed; (3) order the offender to be placed into the custody of the department of correction to be placed in a juvenile facility of the division of youth services, if the department agrees to the placement; and (4) provide that the successful completion of the placement of the offender in the juvenile facility is a condition of the suspended criminal sentence. Provides that when an offender becomes 18 years of age, the sentencing court must hold a review hearing concerning the offender before the offender becomes 19 years of age. Allows the sentencing court, after the review hearing, to: (1) continue the offender’s placement in a juvenile facility until the objectives of the sentence imposed on the offender have been met, if the sentencing court finds that the objectives of the sentence imposed on the offender have not been met; (2) discharge the offender if the sentencing court finds that the objectives of the sentence imposed on the offender have been met; (3) order execution of all or part of the offender’s suspended criminal sentence in an adult facility of the department of correction; or (4) place the offender in home detention, in a community corrections program, on probation, or in any other appropriate alternative sentencing program. Prohibits a court from modifying the sentences of certain serious offenders following a review hearing if the prosecuting attorney objects.

Judicial officers
S.E.A. 486, P.L. 83-2013
Effective July 1, 2013
Allows the judges of the Hamilton superior court to jointly appoint a third full-time magistrate. Allows the judges of the Hendricks superior court to jointly appoint two full-time magistrates. Adds a second judge to the Owen circuit court, and establishes a unified circuit court in Owen County with two judges as of January 1, 2015. (The introduced version of this bill was prepared by the commission on courts.)

Problem solving courts
H.E.A. 1016, P.L. 95-2013
Effective July 1, 2013
Provides additional circumstances under which a person can participate in a problem solving court program. Provides that a problem solving court may provide rehabilitative services. Simplifies the problem solving court fee transfer process. Urges the legislative council to require the Commission on Courts to evaluate the funding of veteran’s courts during the 2013 interim.

Magistrates
H.E.A. 1061, P.L. 100-2013
Effective July 1, 2013
Allows the judges of the Marion superior court to appoint 12 full-time magistrates after December 31, 2013. Allows the judges of the Warrick circuit and superior courts to jointly appoint a magistrate.

Judicial technology and automation
H.E.A. 1393, P.L. 284-2013
Effective July 1, 2013
Establishes the judicial technology oversight committee (committee) to: (1) conduct a continuous study of information technology applications for Indiana’s judicial system; (2) make recommendations to the division of state court administration (division) for the establishment of a pilot program concerning electronic filing; (3) allow public court records to be available on the Internet; (4) study the appropriate use of private sector vendors; and (5) make recommendations to the supreme court concerning the implementation of policies, standards, and rules that promote the effective use of technology and automation in Indiana courts. Provides that the committee consists of: (1) the chief justice of the supreme court; (2) the chief information officer of the office of technology; (3) two members of the senate; (4) two members of the house of representatives; (5) one trial court judge; (6) two circuit court clerks, with one clerk for a county that does not operate under the state’s automated judicial system and one clerk for a county that operates under the state’s automated judicial system; (7) one attorney admitted to the practice of law in Indiana; and (8) an individual affiliated with a taxpayer organization. Requires the division to develop and implement a standard protocol for sending and receiving certain court data by December 31, 2013, and requires the standard protocol to permit vendors to access the system on an equitable basis. Allows the budget committee to release funds for the judicial technology and automation project after the division certifies in conjunction with the Indiana office of technology that the judicial technology automation project is in compliance with certain information sharing and exchange requirements. Provides that the automated record keeping fee increases for two years from $5 to $7 for all civil, criminal, infraction, and ordinance violation actions except actions resulting in the accused person entering into a: (1) pretrial diversion program agreement; or (2) deferral program agreement.  If the county is not operating under the state’s automated judicial system as follows the fee is distributed as follows: (1) 80% to the state before July 1, 2013 and after June 30, 2015, (2) $5 to the state after June 30, 2013 and before July 1, 2015. Provides that the automated record keeping fee is $5 for all civil, criminal, infraction, and ordinance violation actions resulting in the accused person entering into a: (1) pretrial diversion program agreement; or (2) deferral program agreement.

County extradition and sheriff’s assistance fund
S.E.A. 24, P.L. 42-2013
Effective July 1, 2013
Replaces the county extradition fund of a county with the county extradition and sheriff’s assistance fund. Provides that, in addition to providing funding to offset the costs of extraditing criminal defendants, a county extradition and sheriff’s assistance fund may also be used to provide funding to: (1) train and equip law enforcement officers in the county; and (2) offset other costs incurred by the county sheriff’s department in providing law enforcement services. Transfers any money in a county extradition fund on June 30, 2013, to the county extradition and sheriff’s assistance fund on July 1, 2013.

Deposit of sex or violent offender fees
S.E.A. 33, P.L. 26-2013
Effective July 1, 2013
Requires the county auditor to transfer fees semiannually (instead of monthly) to the treasurer of state for deposit in the state sex and violent offender administration fund.

Uniform crime reporting system
S.E.A. 567, P.L. 35-2013
Effective July 1, 2013
Requires the data division of the state police department to notify the Indiana criminal justice institute if a public official or agency dealing with crime or criminals fails to comply with its statutory reporting duties. Permits the Indiana criminal justice institute to withhold certain funds from a public official or agency that has failed to comply with its reporting requirements, and permits the institute to reinstate withheld funds if the public official or agency complies with reporting requirements within six months of the funds being withheld.

Budget Bill – Adult guardianship
H.E.A. 1001, P.L. 205-2013
Effective July 1, 2013
ADULT GUARDIANSHIP
Total Operating Expense 500,000 (FY 2013-2014) 500,000 (FY 2014-2015)
The above appropriation shall be used to provide matching funds to counties that implement in courts with probate jurisdiction a volunteer advocate program for seniors and incapacitated adults who are appointed a guardian under IC 29. The above appropriation also includes funds to develop and maintain an adult guardianship registry to serve as a data repository for adult guardianship cases and guardians appointed by the courts.

Probate and trust administration
H.E.A. 1056, P.L. 99-2013
Effective July 1, 2013
Makes numerous changes concerning a personal representative’s employment of an attorney, the powers and duties of a personal representative, guardianships, and the rules of trust construction. Provides that a personal representative may acquire an interest in real property from the estate if the transaction is authorized by an order of the court after notice and hearing. Removes a provision stating that the fee of a surrogate attorney is included in the costs and expenses of estate administration for purposes of prioritizing claims against an estate. (The introduced version of this bill was prepared by the probate code study commission.)

Immediate detention
H.E.A. 1130, P.L. 4-2013
Effective July 1, 2013
Provides that an individual who is gravely disabled, in addition to having a mental illness and being in immediate need of hospitalization, may be detained by a law enforcement officer and transported to the nearest appropriate facility. (This makes the immediate detention statute consistent with the emergency and temporary commitment statutes.) (The introduced version of this bill was prepared by the commission on mental health and addiction.)

 Judges’ pensions
S.E.A. 527, P.L. 56-2013
Effective July 1, 2013
Urges the legislative council to assign to the pension management oversight commission the task of studying the retirement, disability, and death benefits currently provided to judges and full-time magistrates.

Parking for persons with disabilities
S.E.A. 387, P.L. 50-2013
Effective July 1, 2013
Increases from $50 to $100 the minimum civil judgment imposed for certain infractions involving parking a motor vehicle in a space reserved for a person with a physical disability or a disabled veteran.

Various motor vehicle issues
S.E.A. 538, P.L. 85-2013
Effective July 1, 2013
Makes various changes to motor vehicles laws concerning credentials, convictions, restrictions, and suspensions. Amends related definitions. Amends certain requirements for various driver’s licenses. Amends provisions concerning examinations and investigations for licenses. Specifies minimum terms of suspension of driving privileges for various offenses. Provides that a nonresident must be at least 16 years and 180 days of age to operate a motor vehicle on a highway. Changes the membership of the motorcycle operator safety education program advisory committee. Makes technical corrections and corresponding changes.

Proof of financial responsibility
S.E.A. 620, P.L. 59-2013
Effective July 1, 2013
Provides that a court shall recommend suspension of a person’s driving privileges for at least 90 days but less than a year for failure to provide proof of financial responsibility. (Under current law, the court may make such a recommendation.) Provides that if a court suspends a person’s driving privileges or vehicle registration for failure to provide proof of financial responsibility, and fails to recommend a fixed term of suspension or recommends a fixed term that is less than the minimum term of suspension required by law, the bureau shall impose the applicable minimum term of suspension required by law.

Court late payment fees
H.E.A. 1124, P.L. 143-2013
Effective July 1, 2013
Provides that a defendant who is found to have committed a violation constituting a Class D infraction or Class C infraction for unlawfully parking in a space reserved for a person with a physical disability shall pay a late payment fee of $25 if the defendant: (1) is required to pay a fine or civil judgment; (2) is not determined by the court imposing the fine or civil judgment to be indigent; and (3) fails to pay the fine or civil judgment on time.

Open container laws
H.E.A. 1579, P.L. 290-2013
Effective July 1, 2013
Provides that, for purposes of open container laws, the exemption for a person who is in the passenger compartment of a vehicle used to transport passengers for compensation or the living quarters of a house coach or trailer does not apply to the operator of the vehicle.

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