Compiled by Amanda Wishin, Staff Attorney | Office of Court Services
It was a long and interesting legislative session this year with a focus on dealing with novel issues raised in the last year by COVID-19. The following are the top changes of interest for judicial officers:
COVID-19 immunity
Several bills granted civil immunity related to COVID-19.
- For contracting COVID-19 and products liability for COVID-19 related products. E.A. 1, P.L. 1 (effective February 18, 2021)
- Hospital, employees, and contractors for exposure to COVID-19. E.A. 202, P.L. 142 (effective April 29, 2021)
- Emergency medical responder, paramedic, health care provider, governmental entity and employees. E.A. 1002, P.L. 166 (effective March 1, 2020)
Small claims limits
The filing limit for the small claims docket was increased to $10,000. H.E.A. 1110, P.L. 125
Protection orders
If a protection order petition is filed by a person or on behalf of an unemancipated minor, the court is now required to determine whether the protection order impacts a school’s ability to provide instruction for the protected person and creates a procedure to notifying the school. S.E.A. 79, P.L. 67
Sentencing
- Suspension for Level 2 or 3 felonies. A court may suspend only that part of a sentence that is more than the minimum sentence for a person convicted of a Level 2 or Level 3 felony who has a prior unrelated felony conviction, other than a conviction for a felony involving marijuana, hashish, hash oil, or salvia divinorum. E.A. 133, P.L. 119
- New enhanced penalties if serious bodily injury or death and dependent on the amount of property damage. S.E.A. 187, P.L. 94
- Domestic battery. New enhanced penalties for domestic battery if the offense was committed when there is a protection order or no contact order in place, or if the offender has a prior conviction for strangulations against the same family or household member. E.A. 79, P.L. 67
Local or regional justice reinvestment advisory councils
Local or regional justice reinvestment advisory councils are established in each county to review local or regional criminal justice systems, policies, and procedures. H.E.A. 1068, P.L. 30
Parents with disabilities
A court, in considering the appointment of a person as a guardian, hearing an action to modify custody or an action to determine or modify parenting time, or determining whether to grant a petition for adoption may not discriminate against, and shall take into consideration the provision of reasonable accommodations to, a person with a disability. S.E.A. 259, P.L. 146
Tribal orders
Courts shall give full faith and credit to judgments and orders of a tribal court affiliated with the Pokagon Band of Potawatomi Indians. H.E.A. 1441, P.L. 201
DCS interviews in school
DCS can interview a child at the child’s school, without parental consent, if the DCS employee presents their credentials upon arrival at the school; and DCS presents a written statement that DCS has parental consent, a court order, or exigent circumstances. H.E.A. 1531, P.L. 213
Juvenile law
- When a child reaches 19-years-old, or one year after the juvenile court discharges the child, whichever is later, the court shall, on its own motion, expunge juvenile records. S.E.A. 368, P.L. 157
- Juvenile detention. A juvenile arrestee cannot be housed with adult inmates prior to trial (with certain exceptions). E.A. 368, P.L. 157
- Dual status. Once a juvenile court has determined that a child is a dual status child, the juvenile court may refer the child to be assessed by a dual status assessment team under certain circumstances. E.A. 368, P.L. 157
- Juvenile court jurisdiction. Juvenile court has jurisdiction over a child who commits indecent display by a youth or commits dangerous possession of a firearm or provides a firearm to another child. E.A. 1256, P.L. 84 Effective: April 19, 2021
Mental health issues
- Treatment for inmates. When the offender consents or a court has ordered the offender to be committed to a treatment setting outside the Department of Correction, an offender committed to the DOC can be held within a treatment facility operated by the DOC up to 14 days beyond the offender’s mandatory release date.E.A. 63, P.L. 6
- Competency restoration. Competency restoration services were added to the list of treatment and wraparound recovery services made available to certain persons in the criminal justice system and to the list of services that qualify a person for mental health and addiction forensic treatment services. E.A. 1127, P.L. 57
- Juvenile competency determination. A procedure for determining juvenile competency was created. E.A. 368, P.L. 157
Adoption
An adoption petition can now be filed in any county if it also includes written consent as required or the termination of parental rights order. New notice procedures were also created; the Trial Rules on notice no longer apply. If a parent files a motion to contest the adoption, the court can consider the parent’s substance abuse, voluntary unemployment, or instability in their household, and if the parent has made substantial and continuing progress and it appears reasonably likely that progress will continue. H.E.A. 1448, P.L. 203
Guardian powers
Guardian powers are extended after the death of the protected person for the purposes of making arrangements for the funeral. S.E.A. 276, P.L. 26
Operating while intoxicated
A new defense was created if the operator has marijuana or its metabolite in their blood but was not intoxicated and did not cause an accident. S.E.A. 201, P.L. 49.
All bills are effective on July 1, 2021, unless otherwise noted. For summaries of all new relevant laws, see the Legislative Update. You can also subscribe by entering your email address in the top right corner. All bills that have been signed into law are also available online.