Editor’s Note: This report is a condensed version of the legislation enacted in the 2015 session of the Indiana General Assembly and only contains highlights of selected bills. The entire text of any law, as well as any other legislative action, is available at: http://www.iga.in.gov.
Constitutional Amendments
SJR 2 Right to Hunt, Fish and Harvest Wildlife – Passed Twice and Goes to Voters
Hunting and fishing are the preferred means of managing and controlling wildlife; and the people have a right, including the use of traditional methods, to hunt, fish, and harvest wildlife, subject only to the laws prescribed by the general assembly and rules prescribed by virtue of the authority of the general assembly to: (1) promote wildlife conservation and management; and (2) preserve the future of hunting and fishing. This constitutional amendment does not limit the application of any laws relating to trespass or property rights.
SJR 16 Limitation of Appropriations by Indiana General Assembly – First Passage
The total amount of expense appropriations enacted by the general assembly for a budget period may not exceed the estimated revenue of the state during the budget period unless suspended by a two-thirds vote of the members of the House of Representatives and the Senate. A state budget must appropriate money for the state’s pension funds in the amount necessary to actuarially fund the accrued liability of the state’s pension funds and to fully fund the liability for any cost of living increases or other increases or supplements authorized during the budget period for pension benefits.
Civil Law
Receipt of Gift by Alcoholic Beverage Permittee
HEA 1119, P.L. 64-2015
Effective: July 1, 2015
Increases the penalty for a violation to a Level 6 Felony.
Immunity for Volunteer Health Care Providers
HEA 1145, P.L. 161-2015
Effective: July 1, 2015
Grants civil immunity to volunteer, uncompensated health care providers and creates a healthcare volunteer registry.
Immunity for Damage Caused Rescuing a Child
HEA 1161, P.L. 132-2015
Effective: July 1, 2015
Grants civil immunity to a person who forcibly enters a locked motor vehicle for the purpose of rescuing a child unless the actions was grossly negligent or involved willful and wanton misconduct.
Impeachment of Public Officers
HEA 1335, P.L. 57-2015
Effective: July 1, 2015
Provides, upon conviction of a felony, for the impeachment and removal from office of elected state office, legislative office, school board office, or local office officials and appointed state, municipal corporation or special taxing district officials.
Public Officials, Liens and Addresses
HEA 1371, P.L. 191-2015
Effective: July 1, 2015
Provides a procedure to request restriction of access to home addresses for judicial and law enforcement officers, domestic violence victims, and other public official and voids common law liens against public employees unless lienholder initiates foreclosure within 30 days of notice.
Wage Assignments
HEA 1469, P.L. 193-2015
Effective: July 1, 2015
Provides for liquidated damages, including attorney fees, against an employer who in bad faith fails to pay timely wages or withhold wages and restricts the amount of wages assignable to an employer for uniforms, training, payroll advances and merchandise, goods or food.
Proceedings Supplemental to Execution
SEA 2, P.L. 41-2015
Effective: July 1, 2015
Defines “registered or certified mail” as any delivery means that provides a return receipt. Court costs cover only service of the “initial mailing” upon two parties and that service of the “initial mailing” on additional parties or of other documents after the “initial mailing” is paid by the service requestor who must provide a prepaid envelope including USPS forms for registered or certified mail.
Abandoned Mobile Homes
SEA 7, P.L. 71-2015
Effective: July 1, 2015
Changes procedure for the sale of an abandoned mobile home located on private property other than a mobile home community and bars the BMV from transferring a mobile home title or changing names on a title unless the owner has a valid permit issued within the past 90 days to move or transfer the title issued by county treasurer.
Worker’s Compensation
SEA 33, P.L. 225-2015
Effective: July 1, 2015
Permits an officer of a corporation who owns an interest in the corporation to elect nonemployee status under worker’s compensation.
Election Issues
SEA 59, P.L. 6-2015
Effective: July 1, 2015
Allows people who will meet voting age and residency requirements on the next general, municipal or special election to vote for precinct committeeman and state convention delegates.
Firearm Manufacturer Lawsuits
SEA 98, P.L. 106-2015
Effective: Retroactive
Prohibits lawsuits against firearms or ammunition manufacturers, trade associations or sellers to recover damages, injunctive relief or nuisance abatement for the lawful design, manufacture, marketing or sale of a firearm or ammunition or for damage recover from criminal or unlawful misuse of a firearm or ammunition by a third party.
Spinal Cord and Brain Injury Fund
SEA 166, P.L.
Effective: July 1, 2015
Allows the spinal cord and brain injury fund to be used to provide funding for facilities, treatment, and services for spinal cord and brain injuries.
Service of Process Fees Collected by a Sheriff
SEA 217, P.L. 165-2015
Effective: July 1, 2015
Requires a sheriff to collect a service of process fee of $25 instead of $13 from a party requesting service of a writ, an order, a process, a notice, a tax warrant, or any other paper completed by the sheriff and that a sheriff may collect an additional fee of $25 per case for post judgment service.
Tax Deeds and Conveyance Documents
SEA 524, P.L. 236-2015
Effective: July 1, 2015
Requires that when a county auditor sends out certain notices for a tax sale, the notices must be sent by certified mail, return receipt requested. Establishes procedures for serial tax delinquency sales and issuance of tax deeds.
Criminal Law
Expungements
HEA 1302, P.L. 142-2015
Effective: July 1, 2015
Establishes new procedures for expungements and clarifies when, and if, a filing fee is required.
See the article on Indiana’s expungement laws in this issue.
Criminal Law Issues
HEA 1304, P.L. 187-2015
Effective: July 1, 2015
Requires the Criminal Justice Institute to track the number of juveniles in adult court and custodial interrogations of juveniles. Raises the ages for waiver of jurisdiction of certain juveniles to adult court. Makes various changes to statutes related to criminal cases and procedures.
Medicare Fraud
HEA 1401, P.L. 58-2015
Effective: July 1, 2015
Expands the crime of Medicaid fraud to include knowingly or intentionally making, uttering, presenting, or causing to be presented a Medicaid claim that is materially false or misleading.
Powdered or Crystallized Alcohol
SEA 6, P.L. 70-2015
Effective: On Passage (April 29, 2015)
Possession, purchase, sale, offer to sell is a Class B Infraction.
Death Penalty Aggravator
SEA 8, P.L. 198-2015
Effective: July 1, 2015
Murder committed while decapitating or attempting to decapitate a live victim is eligible for the death penalty.
Rape Statute of Limitation Extension
SEA 94, P.L. 72-2015
Effective: July 1, 2015
Alters rape statute of limitations so that a case can be brought within 5 years of first discovery of DNA evidence or awareness of the existence of a recording sufficient to charge an offender or a confession of guilt.
DOC Specialized Vocational Program
SEA 173, P.L. 73-2015
Effective: July 1, 2015
Allows the Department of Correction to establish a specialized vocational program to train minimum security risk inmates in certain trades that are capable of providing inmates with employment at a sustainable wage.
Sentence Modification
SEA 174, P.L. 164-2015
Effective: On Passage (May 5, 2015)
Persons who commit an offense before July 1, 2014, are eligible for sentence modification on the same terms as a person sentenced on or after that date. Limits a “violent criminal” to one petition for sentence modification without the consent of the prosecuting attorney if the petition is filed within 365 days of sentencing. Allows a person who is not a “violent criminal” to file two petitions for sentence modification without the consent of the prosecuting attorney and allows certain offenders who committed an offense after June 30, 2014, and before May 15, 2015, to file an additional petition.
Credit Time
SEA 175, P.L. 74-2015
Effective: July 1, 2015
Defines “accrued credit”, “credit time”, “educational credit”, and “good time credit”, and applies the definitions uniformly in the criminal code and the corrections code.
Definition of Sexual Conduct
SEA 313, P.L. 80-2015
Effective: July 1, 2015
Modifies the definition of “sexual conduct.”
Shotguns
SEA 433, P.L. 84-2015
Effective: July 1, 2015
Redefines “sawed-off shotgun” and repeals the prohibition against manufacturing, importing, selling, or possessing a sawed-off shotgun.
Provides for a 10-year sentence enhancement if a person possesses a sawed-off shotgun in violation of federal law while committing certain offenses.
Serious Sex Offenders
SEA 522, P.L. 235-2015
Effective: July 1, 2015
Defines “serious sex offender” and makes entry on school property by a serious sex offender a Level 6 felony. Provides that a serious sex offender is entitled to vote by mail. Requires the department of correction to inform a serious sex offender at the time of discharge that knowingly or intentionally entering school property is a Level 6 felony and of the voting by mail option.
Human Trafficking and Nuisances
SEA 532, P.L. 237-2015
Effective: July 1, 2015
Allows a law enforcement agency to seize real or personal property when there has been an offense concerning human trafficking or promoting prostitution. Establishes the Human Trafficking Prevention and Victim Assistance Fund to fund victim services and prevention programs.
Crimes of Violence
SEA 559, P.L. 238-2015
Effective: July 1, 2015
Adds unlawful possession of a firearm by a serious violent felon to the definition of “crimes of violence.” Establishes new caps for consecutive sentences that result from a single episode of criminal conduct. A person may be a habitual offender if convicted of three prior unrelated felonies of any level. A person may be sentenced to an additional five to twenty years if the person knowingly or intentionally: (1) pointed a firearm; or (2) discharged a firearm at an individual whom the person knew, or reasonably should have known, was a police officer.
Family and Juvenile Law
CHINS and Delinquent Child Dual Determination
HEA 1196, P.L. 66-2015
Effective: July 1, 2015
In a CHINS case, the court determines if the child has a prior adjudication as a delinquent. In a delinquency case, the court determine if the child has a prior adjudication as a CHINS. Creates dual status assessment procedures and teams to assess children and make recommendations to a juvenile court whether to proceed with applicable CHINS petitions and delinquency petitions. A court may determine whether the Department of Child Services or the Probation Department of the court shall be the lead agency supervising the child.
Judicial Administration
Judicial Officer Changes
HEA 1110, P.L. 173-2015
Effective: July 1, 2015
Increases authority of magistrates. Allows the appointment of additional magistrates in Clark, Greene, Madison, Marion, Porter, St. Joseph and Vanderburgh Counties. Eliminates a magistrate in Sullivan County. Refers to an interim study committee the question of the appropriate number of courts for Pulaski County.
Judgment Dockets
HEA 1141, P.L. 55-2015
Effective: July 1, 2015
Separate judgment dockets are required for each circuit court and other courts served by a clerk. The Judgment Docket does not include judgments in which the state, a county, or another governmental entity is the sole creditor, except for cases in which the state obtains a judgment for unpaid taxes or any entry that is specifically
Lake County City and Town Court Jurisdiction
HEA 1307, P.L. 143-2015
Effective: July 1, 2015
Increases the maximum civil jurisdiction to $6,000 for the East Chicago, Gary, Hammond, Hobart, and Crown Point city courts and the Merrillville town court. Provides that a “clerk serving the county” includes the clerk of a city or town court for purposes of supplementing jury fees from the local jury pay fund.
Magistrates and Criminal Trials
SEA 137, P.L. 108-2015
Effective: July 1, 2015
Conforms statutes regarding right to a jury trial in criminal cases with the Rules of Criminal Procedure. Provides that a magistrate cannot preside over sentencing hearing, unless the defendant consents, if he did not preside over the trial.
Marion County Small Claims Courts
SEA 523, P.L. 170-2015
Effective: Portions on Passage (May 5, 2015) and July 1, 2015
Provides for the transition of the township small claims courts to courts of record. Permits a part-time small claims court to become a full-time court. All small claims courts will be full-time courts after December 31, 2016. Sets the annual salary of a full-time small claims court judge at 75% of the salary of a Marion County circuit court judge. Increases the jurisdictional limit to $8,000. Requires the courts to use a centralized Case Management System approved by the Division of State Court Administration. Provides a method for judges of low caseload courts to assists other small claims courts.
Probate Law
Estate Claim Deadlines
SEA 65, P.L. 163-2015
Effective: July 1, 2015
Extends provisions barring claims filed against a decedent’s estate more than nine months after the date of the decedent’s death under certain circumstances.
Probate and Trust Issues
SEA 355, P.L. 81-2015
Effective: July 1, 2015
Provides a trust may incorporate by reference a document that exists at the time the trust is executed. Specifies that funeral expenses and expenses of a tombstone are expenses of administration. Provides that a non-probate transfer to a testamentary trust is valid upon the will being admitted to probate and is not subject to claims against the probate estate. Allows a governmental entity or business entity (in addition to an individual) to be a transfer-on-death beneficiary of an automobile or a watercraft or appointed a health care representative. An entity acting under a power of attorney may delegate the authority of a parent or guardian with respect to the health care of a minor or protected person. Upon the filing of the attorney-in-fact’s petition to settle and allow an account, the attorney is entitled to judicial review and settlement of their account.
Traffic Law
Motor Vehicles Law
HEA 1305, P.L. 188-2015
Effective: July 1, 2015
Simultaneous possession of an out-of-state driver’s license or identification card and an Indiana driver’s license or identification card is a Class C infraction. Motorists must call 911 following a vehicular collision resulting in injury or death. Failure to render assistance to injured or entrapped victims of a vehicular collision is a Class C misdemeanor. A driver’s license suspension originating from another jurisdiction prohibits the receipt of specialized driving privileges. Certain felonies are qualifying offenses for habitual traffic violator status. Felony offenses requiring the operation of a vehicle as a material element of a crime are qualifying offenses for habitual traffic violator status. Precludes an individual from being adjudicated a habitual traffic violator more than once for the same underlying offenses. Allows holders of commercial driving licenses to seek specialized driving privileges. Creates the habitual vehicle substance offender enhancement. Establishes who is eligible for specialized driving privileges.
School Zone Speed Limits
SEA 35, P.L. 29-2015
Effective: July 1, 2015
Allows cities, counties and towns to reduce school zones speed limits to 20 miles per hour for streets or highways under their jurisdiction.