criminal family law and probate legislation 2010 selected statutes n.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Criminal, Family Law, and Probate Legislation 2010 Selected Statutes PowerPoint Presentation
Download Presentation
Criminal, Family Law, and Probate Legislation 2010 Selected Statutes

Loading in 2 Seconds...

play fullscreen
1 / 147

Criminal, Family Law, and Probate Legislation 2010 Selected Statutes - PowerPoint PPT Presentation


  • 159 Views
  • Uploaded on

<?xml version="1.0"?><AllQuestions />. <?xml version="1.0"?><AllResponses />.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Criminal, Family Law, and Probate Legislation 2010 Selected Statutes' - wayde


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
criminal family law and probate legislation 2010 selected statutes

<?xml version="1.0"?><AllQuestions />

<?xml version="1.0"?><AllResponses />

<?xml version="1.0"?><Settings><answerBulletFormat>Numeric</answerBulletFormat><answerNowAutoInsert>No</answerNowAutoInsert><answerNowStyle>Explosion</answerNowStyle><answerNowText>Answer Now</answerNowText><chartColors>Use PowerPoint Color Scheme</chartColors><chartType>Horizontal</chartType><correctAnswerIndicator>Checkmark</correctAnswerIndicator><countdownAutoInsert>No</countdownAutoInsert><countdownSeconds>10</countdownSeconds><countdownSound>TicToc.wav</countdownSound><countdownStyle>Box</countdownStyle><gridAutoInsert>No</gridAutoInsert><gridFillStyle>Answered</gridFillStyle><gridFillColor>255,255,0</gridFillColor><gridOpacity>50%</gridOpacity><gridTextStyle>Keypad #</gridTextStyle><inputSource>Response Devices</inputSource><multipleResponseDivisor># of Responses</multipleResponseDivisor><participantsLeaderBoard>5</participantsLeaderBoard><percentageDecimalPlaces>0</percentageDecimalPlaces><responseCounterAutoInsert>No</responseCounterAutoInsert><responseCounterStyle>Oval</responseCounterStyle><responseCounterDisplayValue># of Votes Received</responseCounterDisplayValue><insertObjectUsingColor>Red</insertObjectUsingColor><showResults>Yes</showResults><teamColors>Use PowerPoint Color Scheme</teamColors><teamIdentificationType>None</teamIdentificationType><teamScoringType>Voting pads only</teamScoringType><teamScoringDecimalPlaces>1</teamScoringDecimalPlaces><teamIdentificationItem></teamIdentificationItem><teamsLeaderBoard>5</teamsLeaderBoard><teamName1></teamName1><teamName2></teamName2><teamName3></teamName3><teamName4></teamName4><teamName5></teamName5><teamName6></teamName6><teamName7></teamName7><teamName8></teamName8><teamName9></teamName9><teamName10></teamName10><showControlBar>Slides with Get Feedback Objects</showControlBar><defaultCorrectPointValue>0</defaultCorrectPointValue><defaultIncorrectPointValue>0</defaultIncorrectPointValue><chartColor1>187,224,227</chartColor1><chartColor2>51,51,153</chartColor2><chartColor3>0,153,153</chartColor3><chartColor4>153,204,0</chartColor4><chartColor5>128,128,128</chartColor5><chartColor6>0,0,0</chartColor6><chartColor7>0,102,204</chartColor7><chartColor8>204,204,255</chartColor8><chartColor9>255,0,0</chartColor9><chartColor10>255,255,0</chartColor10><teamColor1>187,224,227</teamColor1><teamColor2>51,51,153</teamColor2><teamColor3>0,153,153</teamColor3><teamColor4>153,204,0</teamColor4><teamColor5>128,128,128</teamColor5><teamColor6>0,0,0</teamColor6><teamColor7>0,102,204</teamColor7><teamColor8>204,204,255</teamColor8><teamColor9>255,0,0</teamColor9><teamColor10>255,255,0</teamColor10><displayAnswerImagesDuringVote>Yes</displayAnswerImagesDuringVote><displayAnswerImagesWithResponses>Yes</displayAnswerImagesWithResponses><displayAnswerTextDuringVote>Yes</displayAnswerTextDuringVote><displayAnswerTextWithResponses>Yes</displayAnswerTextWithResponses><questionSlideID></questionSlideID><controlBarState>Expanded</controlBarState><isGridColorKnownColor>True</isGridColorKnownColor><gridColorName>Yellow</gridColorName></Settings>

<?xml version="1.0"?><AllAnswers />

Criminal, Family Law, and Probate Legislation2010Selected Statutes

Michael McMahon

Indiana Judicial Center

involuntary manslaughter fetus killed by owi
Involuntary Manslaughter-Fetus killed by OWI
  • The involuntary manslaughter statute, IC 35-42-1-4, was amended to include killing a fetus while committing or attempting to commit a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated).
  • Effective July 1, 2010.
criminal law and sentencing policy study committee
Criminal Law and Sentencing Policy Study Committee
  • The new Criminal Law and Sentencing Policy Study Committee is established in IC 2-5.5-5.  Committee membership will differ from present Sentencing Policy Study Committee, including a change to a single judicial member appointed by the Chief Justice, and the addition of a probation member appointed by the Probation Officers’ Professional Association.  Expands the responsibilities of the Committee to include a broad spectrum of criminal law issues.
  • Effective July 1, 2010.
sentencing policy to study sexting
Sentencing Policy to study sexting
  • The Sentencing Policy Study Committee is to study and make recommendations regarding the sending of sexually suggestive or sexually explicit material over the Internet or by use of a cellular telephone or similar device, including whether school corporations should adopt policies regarding this topic.
  • S.E.A. 81, P.L. 100-2010, Effective July 1, 2010.
sex offender registration remedy
Sex offender registration remedy
  • IC 11-8-8-22 is amended to establish procedures to remove sex offender designation due to the ex post facto holding in Wallace v. State.
  • Petition to remove designation is to be filed in county where the person resides or, if not a resident, where the person works or studies. Notice to DOC, AG, and sheriff. Notice to prosecutors where person resides, and also where last convicted of sex offense, and also where petition filed.
  • Pros’r where filed represents state, can invite AG to represent. AG can appeal. Petition must be verified and list and describe all convictions with date, court, the crime, and whether trial or plea, as well as all jurisdictions where person must register.
  • Effective March 24, 2010.
sex offender registration remedy bill forecloses other actions
Sex offender registration remedy bill forecloses other actions

“The procedures set out in the amended statute allow the trial court, and this court on appeal, to be fully informed of a sex offender’s circumstances, including the offender’s full criminal history, dates of offenses, and reason for being required to register. Further, all interested parties are given notice of the proceedings. For these reasons, we direct Wiggins to file a petition in the proper county pursuant to the amended Indiana Code Section 11-8-8-22.”

Wiggins v. State, 928 N.E.2d 837 (Ind. Ct. App., May 24, 2010) (dismissing appeal of motion raising Wallace challenge in court of conviction).

parole and community placement
Parole and community placement
  • The IC 35-50-6-1 standard period of parole is reduced from two years to one year unless the parolee: (1) is a repeat parolee; (2) is being placed on parole for a conviction for a crime of violence; (3) is a sex offender; or (4) has violated a DOC rule in the six months prior to release. Effective July 1, 2010.
  • Provides that DOC rules concerning the maintenance of order and discipline among committed persons applies to persons placed in a community corrections program or assigned to a community transition program. IC 11-11-5-1, Effective July 1, 2010.
home for home detention as a condition of probation
“Home” for home detentionas a condition of probation
  • Amends statute on home detention as a condition of probation, IC 35-38-2.5-2, to expand definition of “home” to include residence of a person who is not part of the “social unit formed by the offender’s immediate family.”
  • Effective July 1, 2010.
community corrections charges and evaluations
Community Corrections:charges and evaluations
  • Counties receiving community corrections grants will no longer have to pay for committing certain persons to the DOC.  
  • Mandates a community corrections plan to include a method to evaluate each component of the program to determine the overall use of DOC approved best practices for the program.  Provides that the DOC must require community corrections programs to submit an evaluation of the use of DOC approved best practices for community correction program components in proposed budget requests.
  • Effective July 1, 2010.
credit time for ic 35 38 2 6 home detention
Credit time forIC 35-38-2.6 home detention
  • For direct placements in community corrections to serve minimum sentences made nonsuspendible by IC 35-50-2-2, IC 35-50-2.6-6 is amended to provide that persons on electronic home monitoring shall receive credit time.
  • Legislation does not specify whether the credit time change applies to persons already in direct placements as of July 1.
  • Effective July 1, 2010.
community corrections reports on ic 35 38 2 6 commitments
Community Corrections: Reportson IC 35-38-2.6 commitments
  • Requires community corrections agencies supervising IC 35-38-2.6 direct placements for nonsuspendible minimum sentences to provide local law enforcement agencies with a list of all placed offenders with name, offense, date placement ends, phone for supervising officer, and whether offense was violent. I.C. 35-38-2.6-4-2(c), effective July 1, 2010.
  • Requires contract agency monitoring direct placements to notify community corrections of violations within one hour and to give first notification to local police. Monitor agency is also to set device to minimize chance offender may enter a residence or structure in violation of placement order. I.C. 35-38-2.6-4-2(e), effective July 1, 2010.
costs of incarceration expires
Costs of incarceration “expires”
  • The IC 35-38-1-5(b) requirement that costs of incarceration be included in sentencing orders “expires June 30, 2012.”
  • Also provides, effective March 24, 2010, that “[t]he general assembly urges the legislative council to assign to the sentencing policy study committee the issue of whether a sentencing court should include the total costs of incarceration in its sentencing order.”
  • S.E.A. 340, P.L. 105-2010, Sections 10 and 17.
notice to bail agent of plea hearing
Notice to bail agent ofplea hearing
  • Amends IC 27-10-2-8: “The court shall give the bail agent or insurer legal written notice of the defendant's trial or hearing for purposes of entering a plea at least seventy-two (72) hours before the defendant's appearance is required unless the appearance is scheduled within seventy-two (72) hours from the execution of the bond.”
  • Effective July 1, 2010.
more bail changes
More Bail changes

Amends IC 27-10-2-12:

  • to provide that only if defendant fails to appear court is to issue arrest warrant and send an order to bail agent and surety to surrender defendant, and
  • adds a time requirement that in less than 30 days after the failure to appear the clerk must mail the court’s order to surrender to both the bail agent and the surety, and
  • adds as a fourth excuse for nonproduction, to be proved by a preponderance, that authorities have refused to extradite the defendant.
  • Effective July 1, 2010.
notice added to exception to bail bond s 36 month expiration
Notice added to exception to bail bond’s 36 month expiration
  • IC 27-10-2-3 provides that a bail bond expires after 36 months unless it has been forfeited. The forfeiture exception to the 36 month expiration is amended by the addition of a requirement that the bail agent and the surety have been notified by the clerk as required by IC 27-10-2-12, which requires the clerk to mail to bail agent and surety, in less than 30 days after the surrender order is issued, the court’s order to surrender defendant .
  • Effective July 1, 2010.
no 10 cash bail forfeiture for first 120 days after no show
No 10% Cash Bail Forfeiturefor first 120 days after no-show
  • Amends IC 35-33-8-7 to require that when a defendant on 10% cash bail fails to appear the court shall “declare the bond forfeited not earlier than one hundred twenty (120) days after the defendant's failure to appear.”
  • Effective July 1, 2010.
victim of alleged sex crime demand for 48 hour hiv test
Victim of alleged sex crime demand for 48 hour HIV test
  • New IC 16-41-8-6 gives the alleged victim of a charged sex crime committed by force or threat of force the right to demand that the defendant be tested for HIV within 48 hours.
  • Results to be sent “as soon as practicable” to victim, parents or guardian if victim under 18, and defendant.
  • Effective July 1, 2010.
no contact bail order if no bail hearing
No-contact bail order if no bail hearing
  • Adds a new IC 35-33-8-3.6:
  • If a defendant charged with committing a felony or an A misdemeanor [with 5 exceptions listed in IC 5-2-6.1-8] that resulted in bodily injury is released on bail without a bail hearing, the court shall include as a condition of bail that the defendant refrain from any direct or indirect contact with the victim for 10 days after release or until the initial hearing, whichever occurs first. Provides that violations of these no contact orders are an invasion of privacy.
  • Court may reinstate or modify the no contact condition at initial hearing.
  • Effective July 1, 2010
gps monitor as bail cond n for domestic violence charges
GPS monitor as bail cond’nfor domestic violence charges
  • A new IC 35-33-8-11 provides that a court may require a person who has been charged with a crime of domestic violence (as described in IC 35-41-1-6.3) to wear a GPS tracking device as a condition of bail.
  • Provides that the court may order a person ordered to wear a GPS tracking device to pay any costs associated with the GPS tracking device.
  • Effective July 1, 2010.
batterer s intervention
Batterer’s intervention
  • Enacts IC 35-50-9-1 to provide that at the time of sentencing for a person convicted of domestic battery under IC 35-42-2-1.3 or a crime that involved domestic abuse, neglect, or violence, the court may require the person to complete a batterer's intervention program approved by the court.  The person shall pay all expenses of the batterer's intervention program. The batterer's intervention program must be a certified intervention program.
  • Effective July 1, 2010.
notice of adoption case to man bars paternity action
Notice of adoption case toman bars paternity action
  • Amends IC 31-19-4-4, IC 31-19-4-5 and IC 31-19-9-12 to provide that if a man receives notice of adoption, he must file a notice to contest the adoption in the adoption court and cannot file a paternity action to contest the adoption.
  • Effective July 1, 2010.
no next friend paternity by dad when adoption pending
No next friend paternity byDad when adoption pending
  • Enacts IC 31-14-5-9 to provide that a man who is barred from establishing paternity under IC 31-19 (adoption), is prohibited from establishing paternity by filing a paternity action as next friend of the child or requesting a prosecuting attorney to file a paternity action.
  • Effective July 1, 2010.
no putative father registry if mom discloses dad s name
No putative father registryif Mom discloses Dad’s name
  • Amends IC 31-19-5-1 to provide that on or before the date the mother executes a written consent to the child’s adoption, a man is only required to register with the putative father registry if the mother has not disclosed the name or address of the putative father to the attorney or agency arranging the child’s adoption.
  • Effective July 1, 2010.
multiple adoption consents limited
Multiple adoption consentslimited
  • IC 31-19-9-2 now provides that once a person executes a consent to the adoption of a child, the same person may not execute a second or subsequent consent to adopt to another person, unless the steps in this section are taken to withdraw the first consent.
  • Effective July 1, 2010.
withdrawing consents to adoption
Withdrawing consents to adoption
  • IC 31-19-9-2 establishes the following methods to withdraw a first consent to adoption, to allow a second consent:

(1) Each original petitioner provides a written statement that the petitioner is not adopting the child, or(2) The person consenting to the adoption has been permitted to withdraw the first consent to adoption under IC 31-19-10, or(3) The court dismisses the petition for adoption filed by the original petitioner or petitioners for adoption based upon a showing, by clear and convincing evidence, that it is not in the best interests of the child that the petition for adoption be granted, or(4) The court denies the petition to adopt the child filed by the original petitioner or petitioners for adoption.

crimes barring adoption
Crimes barring adoption
  • IC 31-19-11-1, which lists felonies which prevent a person from adopting, is changed to include attempts or conspiracies of those offenses in the list.
  • Adds to the IC 31-19-11-1 list any offenses in other jurisdictions “substantially equivalent” to the Indiana felonies listed.
  • IC 31-19-11-1’s prohibition of adoptions by sex or violent offenders was amended to prohibit adoptions by sexually violent predators.
  • Effective July 1, 2010.
terminations for 2 chins decrees
Terminations for 2 CHINS decrees
  • IC 31-35-2-4(b)(2)(B) and IC 31-35-3-5(2)(D) now provide an alternative ground for termination of parental rights, as follows:

“that one (1) of the following is true:                (i) There is a reasonable probability that the conditions that resulted in the child's removal or the reasons for placement outside the home of the parents will not be remedied.                 (ii) There is a reasonable probability that the continuation of the parent-child relationship poses a threat to the well-being of the child.                (iii) The child has, on two (2) separate occasions, been adjudicated a child in need of services.”

  • Effective July 2, 2010.
adoption business for hoosiers only
Adoption business forHoosiers only
  • Amends IC 35-46-1-21 and IC 35-46-1-22 to provide that only an attorney or child placing agency licensed under Indiana law may provide adoption services or place certain advertisements about adoptions.
  • Effective July 1, 2010.
immediate support withholding for all cases
Immediate supportwithholding for all cases
  • A court must now immediately withhold child support in all cases, rather than only Title IV-D cases. I.C. 31-14-11-2(b) and I.C. 31-16-15-0.5
  • If parties reach an agreement to stay immediate withholding, adds a requirement the agreement be entered in the court’s record. IC 31-16-15-.5.
  • Specifies the information to be included in the Child Support Bureau’s standard form for an income withholding order. I.C. 31-16-15-2.7(c).
  • Effective July 1, 2010.
withholding for gamblers
Withholding for gamblers
  • Establishes the withholding of cash winnings of support obligors who are delinquent in court ordered child support if delinquent more than $2,000 or three months past due.  I.C. 4-33-4-27. Provides penalties for noncompliance with these provisions.
  • Removes the mandatory reinstatement fee for a driver’s license suspended because of delinquent child support. I.C. 9-25-6-16(b).
  • Effective July 1, 2010.
duties to cooperate with child support bureau
Duties to cooperate withChild Support Bureau
  • A guardian or custodian must now make a good faith effort to cooperate with the Child Support Bureau and other agencies regarding paternity and child support matters, including assisting a prosecutor to locate or identify parents and providing other information.  I.C. 12-14-7-2, I.C. 12-14-7-3, I.C. 12-14-2-24.
  • A parent, custodian or guardian who refuses to cooperate in a paternity action or the establishment or enforcement of a child support order is subject to sanctions or revocation or suspension of TANF benefits. I.C. 12-14-2-18(c).
  • Effective July 1, 2010.
good faith effort to cooperate defined
Good faith effort to cooperate defined
  • I.C. 12-14-7-3(c) defines a guardian’s or custodian’s good faith effort to cooperate with the Support Bureau as answering calls or mail, appearing for appointments or hearings, and providing information about a child and the parents as detailed in a new “cooperate” definition in I.C. 12-7-2-43.5.
  • Effective July 1, 2010.
soldier emancipation only if on active duty
Soldier emancipation onlyif on active duty
  • A court may now consider a child emancipated if the child is on active duty, rather than only enlisted, in the United States armed forces.
  • I.C. 31-16-6-6(b)(1), amended effective July 1, 2010.
active duty defined for custody modifications
“Active duty” definedfor custody modifications
  • "Active duty", for purposes of IC 31-14-13-6.3 and IC 31-17-2-21.3, means full-time service in:        (1) the armed forces of the United States (as defined in IC 5-9-4-3); or        (2) the National Guard (as defined in IC 5-9-4-4);for a period that exceeds thirty (30) consecutive days in a calendar year.
  • I.C. 31-9-2-0.8, enacted effective July 1, 2010.
active duty limits on custody changes
Active duty limits on custody changes
  • A court may not consider a parent's absence or relocation due to active duty service as a factor in determining custody or permanently modifying a child custody order.
  • IC 31-14-13-6.3 , effective July 1, 2010.
active duty temporary custody order expires 10 days after return
Active duty temporary custodyorder expires 10 days after return
  • If a court temporarily modifies a custody order due to a parent's active duty service, the order temporarily modifying the custody order terminates automatically not later than ten (10) days after the date the parent notifies the temporary custodian in writing that the parent has returned from active duty service. This subsection does not prevent a court from modifying a child custody order as provided under this article after a parent returns from active duty service.
  • IC 31-17-2-21.3, enacted effective July 1, 2010.
additional info for isets
Additional info for ISETS
  • At the time a support decree or modification issues, a parent shall supply, in addition to social security number and employer, the following information to the clerk for entry into the Indiana support enforcement tracking system (ISETS): (1) current mailing address, (2) telephone numbers, (3) date of birth, and (4) driver’s license number.  The address does not have to be supplied in the case of a participant in the address confidentiality program under IC 5-26.5.
  • I.C. 31-14-11-14, for paternity, as amended, and I.C. 31-16-6-9, for support orders generally, effective July 1, 2010.
notices of address and other changes with support
Notices of address and otherchanges with support
  • A party affected by a support order must notify the Clerk and the State Central Collection Unit of any change of address not more than 15 days after the party’s address is changed.  When a support order is issued or modified, the parties shall inform the child support bureau of the receipt of any AFDC, TANF and the social security number of a child affected by the order.
  • I.C. 31-16-6-10, effective July 1, 2010.
due process defined for support notice
Due process definedfor support notice
  • A court or administrative agency in any child support enforcement action is now to deem state due process for notice purposes met for a party if a diligent effort was made to ascertain the location of the party in child support cases.  Diligent effort in this case means mailing written notice to the party at the most recent residential or employer address filed with the clerk or state central collection unit.
  • I.C. 31-16-12-14, effective July 1, 2010.
paternity order to both parents to provide health insurance
Paternity order to both parentsto provide health insurance
  • Amends existing provision on court’s obligation in a paternity support modification proceeding to order medical support through health insurance for the child if a Title IV-D agency petitions for the modification and the coverage is available to the parent at a reasonable cost.
  • Amendment authorizes the court to order either parent or both to provide the health insurance.
  • I.C. 31-14-11-3, effective July 1, 2010.
support order must require child health insurance
Support order must requirechild health insurance
  • Amendment of 31-16-6-4(a) as follows: A child support order must include an order for medical support to be provided by require either parent or both parents to provide medical support for the child through health insurance coverage if the health insurance coverage is available to the parent at a reasonable cost.
  • Effective July 1, 2010.
national medical support notice
National Medical Support Notice
  • Requires an employer to transfer the National Medical Support Notice to the employer’s health insurance plan within 20 days after the date of the National Medical Support Notice.
  • I.C. 31-16-15-4.5 (b)(2), effective July 1, 2010.
pro rata for multiple income withholding
Pro rata $ for multipleincome withholding
  • When there is more than one income withholding obligation, provides for the distribution of withheld income pro rata among the persons entitled to receive the support, giving priority to current child support, and in a manner that will not result in one of the current child support obligations not being honored.
  • I.C. 31-16-15-17, effective July 1, 2010.
support bureau duty to seek paternity and support
Support Bureau duty to seekpaternity and support
  • Child Support Bureau shall in any Title IV-D case, petition:            (A) a court to:                (i) establish paternity for a child born out of wedlock; and                (ii) establish a support order, including an order for health insurance coverage under IC 27-8-23, IC 31-14-11-3, or IC 31-16-6-4; and (B) a court to establish or modify a support order, including an order for health insurance coverage under IC 27-8-23, IC 31-14-11-3, or IC 31-16-6-4, if:                (i) there is no existing support order; or                (ii) the existing order does not include a provision for private health insurance.
  • I.C. 31-25-4-17 (a)(7), effective July 1, 2010.
no disclaiming property to avoid support
No disclaiming propertyto avoid support
  • Prohibits a person from disclaiming an interest in property up to the extent of the person’s child support arrearage.
  • I.C. 32-17.5-8-2.5, effective July 1, 2010.
income withholder keeps normal pay cycle
Income withholder keepsnormal pay cycle
  • An income payor is not required to vary the income payor’s normal pay and distribution cycles in order to comply with the income withholding provisions.  An income payor is not subject to civil liability for income withheld and paid in accordance with an income withholding order that appears regular on its face.
  • I.C. 31-16-15-23.5 and I.C. 31-16-15-23.7, effective July 1, 2010.
paternity affidavit custody either joint or to mom
Paternity affidavit:Custody either joint or to Mom
  • A paternity affidavit must now contain a statement that the parents agree to share joint legal custody of the child, and if not, that mother has sole legal custody. 
  • Defines joint legal custody as sharing “authority and responsibility for the major decisions concerning the child's upbringing, including the child's education, health care, and religious training; and hav[ing] equal access to the child's school and medical records.”
  • I.C. 16-37-2-2.1, amended effective July 1, 2010.
paternity affidavit adult consult and guidelines
Paternity affidavit:Adult consult and Guidelines
  • Establishes a statement with signature lines on the paternity affidavit affirming that a person under eighteen (18) years of age had a chance to consult with an adult before signing the affidavit. Provides affidavit is voidable if there was no adult consultation. 
  • Provides that parenting time under the paternity affidavit shall be under the parenting time guidelines.
  • I.C. 16-37-2-2.1, amended effective July 1, 2010.
paternity de novo affidavits reviewed alone
Paternity de novoAffidavits reviewed alone
  • If there is an action to establish custody or parenting time of a party who has agreed to share joint legal custody, it shall be tried de novo.
  • Before the paternity affidavit is signed, it must be presented separately to the mother and the father so that they each may review it alone.  A paternity affidavit is voidable if this does not occur.
  • I.C. 16-37-2-2.1, amended effective July 1, 2010.
affidavit joint custody and genetic testing
Affidavit joint custody andgenetic testing
  • A paternity affidavit agreement to share joint legal custody is void if either of the following applies:  (1) a genetic test indicates the man who signed the affidavit as father is not the biological father; (2) the person who signed the affidavit as father fails to submit to a local health officer, not later than sixty (60) days after the date of the child’s birth, the results of a genetic test indicating the person is the biological father.
  • I.C. 16-37-2-2.1, amended effective July 1, 2010.
decedent s car or boat transfer by certificate of title
Decedent’s car or boat transfer bycertificate of title
  • I.C. 9-17-3-9(e) and I.C. 9-21-2-30 have allowed a decedent’s interest in a vehicle or watercraft to be transferred by a certificate of title naming a beneficiary who survives decedent. These provisions are amended to provide that the interest of a beneficiary named on the title certificate who dies before the decedent will pass per stirpes to the beneficiary’s lineal descendants as provided in I.C. 31-17-14-22 (if beneficiary is lineal descendant, no notation needed on title; if not a lineal descendant, “beneficiary and lineal descendants per stirpes” on title).
  • I.C. 9-17-3-9(e) and I.C. 9-21-2-30(e), as amended effective July 1, 2010.
personal rep s copy delivery statements
Personal rep’s copy deliverystatements
  • Requires the personal representative to include a statement in each petition or other document filed with the court that the personal representative delivered a copy of the petition or other document to each person whose written consent or waiver of notice is presented to the court in support of the petition or document. 
  • IC 29-1-7-4.5, effective July 1, 2010.
corporate fiduciary removal
Corporate fiduciary removal
  • Provides that the I.C. 29-1-10-6.5 petition for the removal of a corporate fiduciary, when there has been a change in the control of the fiduciary, may be brought by any “interested person,” not just an heir.
  • Effective July 1, 2010.
incapacitated person or minor protective order info
Incapacitated person or minor protective order info
  • IC 29-3-5-1 provides for a petition for guardianship or a protective order for an incapacitated person or a minor. The section is amended effective July 1, 2010, to make all the requirements concerning the information the petition is to contain for a guardian’s appointment (e.g., relationship if any to the incapacitated person or minor) applicable as well to “the person proposed to carry out the protective order.”
new guardian estate planning statute
New guardian estate planningstatute
  • I.C. 29-3-9-4, on authority of a guardian to make estate-planning dispositions of assets with the court’s permission, was repealed and replaced by a new I.C. 29-3-9-4.5, which confers more latitude for the guardian and court on dealing with assets.
  • Effective July 1, 2010.
former guardian estate plan provision
Former guardian estate planprovision
  • The repealed I.C. 29-3-9-4 required that a protected person's assets must be used to support the protected person and the protected person's dependents during the protected person's lifetime, and (2) outlined the permissible disposition of assets that exceeded that amount.
  • I.C. 29-3-9-4 provided that the guardian could examine the ward’s will.
new guardian estate plan powers
New guardian estate planpowers

Under the new I.C. 29-3-9-4.5, if the court finds the ward lacks testamentary capacity, it may authorize the guardian to take a number of specified actions: making gifts, exercising powers to transfer on death, disposing of contingent interests, exercising or releasing powers of appointments, creating trusts, changing beneficiaries in insurance policies and retirement plans cashing insurance, exercising the elective share in a deceased spouse’s estate, and renouncing interests by testate or intestate succession or inter vivos transfer.

factors for court s approval of guardian s estate plan
Factors for court’s approvalof guardian’s estate plan

The new I.C. 29-3-9-4.5 provides that the court “shall consider primarily” what disposition of assets the ward would want, the will being prima facie evidence of intent. The court is authorized to consider a list of other specified matters, including: the needs of the ward and dependents; interests of creditors; reduction of income, estate, and inheritance taxes; eligibility of ward for governmental assistance; the ward’s precious pattern of gifts; the existing estate plan; life expectancy; and any other factor the court considers relevant.

guardian can see more than just the will
Guardian can see morethan just the will

I.C. 29-3-9-4.5 authorizes the guardian to examine and receive, at the guardian’s expense, copies of the following documents of the ward: a will, a trust, a power of attorney, a health care appointment, or any other estate planning document.

appointing volunteer advocates for seniors
Appointing volunteer advocatesfor seniors
  • Provides that a court will appoint volunteer advocates for seniors programs or volunteer advocates for incapacitated adults programs (programs) rather than individual advocates.  I.C. 29-3-1-15.5 and 29-3-1-16., effective July 1, 2010.
  • Requires program reports to the court at fixed intervals concerning the adult, the adult’s property, placement, and continuing need for guardianship. Requires a final report after death of the adult.   I.C. 29-3-8.5-2, effective July 1, 2010.
volunteer advocates for seniors compensation
Volunteer advocates for seniorscompensation
  • Provides that a program may petition the court for reasonable compensation or reimbursement of expenses. 
  • I.C. IC 29-3-8.5-10, effective July 1, 2010.
joint county and nonprofit volunteer advocates programs
Joint county and nonprofitvolunteer advocates programs
  • Probate courts in adjacent counties may establish joint or multiple county volunteer advocates for seniors programs or volunteer advocates for incapacitated adults programs. 
  • Probate courts may contract with an Indiana nonprofit or municipal corporation to provide programs.
  • I.C. 29-3-8.5-11, effective July 1, 2010.
powers of volunteer advocates for seniors
Powers of volunteer advocatesfor seniors
  • Volunteer advocates for seniors programs have the duties and powers of a guardian of a minor in I.C. 29-3-8-1 through I.C. 29-3-8-4.  
  • Amendments specify that program guardianship responsibilities and powers include protecting the property of the incapacitated adult or senior.
  • I.C. 29-3-8.5-3 (duties) and I.C. 29-3-8.5-4 (powers), amended effective July 1, 2010.
wills and trusts when death in 2010
Wills and trusts whendeath in 2010
  • Wills and trusts of decedents who die in 2010 that contain certain federal estate tax and generation-skipping transfer tax laws refers to these tax laws as they applied with respect to estates of decedents on Dec. 31, 2009.  Does not apply to wills made or amended after Dec. 31, 2009.
  • I.C. 29-1-6-1(n) to (r), amended “EFFECTIVE JULY 1, 2009 (RETROACTIVE)].”
no inheritance tax affidavit
No-inheritance-tax affidavit
  • A no inheritance tax due affidavit must contain the decedent's name and date of death, the name of each known transferee and the transferee's relationship to the decedent, the total value of property transferred to each known transferee as a result of the decedent's death, and a statement that the total value of property transferred to each known transferee as a result of the decedent's death is less than the amount of the exemption provided to the transferee under IC 6-4.1-3.
  • May be filed with county recorder - presumed no inheritance tax is due.
  • I.C. 6-4.1-4-0.5, as amended effective July 1, 2010.
transfer on death and disclaimer of interest changes
Transfer on death anddisclaimer of interest changes
  • Amendments were made to the transfer on death and disclaimer of interest provisions.
  • S.E.A. 65, P.L. 6-2010, effective July 1, 2010.
marital trusts authorized
Marital trusts authorized
  • Authorization for the marital trust, for which husband and wife are settlors . Can be established by guardians or attorneys-in-fact under specified circumstances.
  • “Matrimonial property” owned by the trust is not severable unless husband and wife agree or property is subject to a mortgage or lien which is foreclosed.
  • Survives death of a settlor if surviving spouse has a life estate or other specified interests exist. Ends with death or disclaimer of surviving spouse.
  • I.C. 30-4-3-35, effective July 1, 2010.
selling trust shares if beneficiary can t be found
Selling trust shares ifbeneficiary can’t be found
  • Provides that if a beneficiary to a trust cannot be found, the court may order the trustee to sell the shares of the trust, with some specific exceptions, to which the beneficiary was entitled and deposit the proceeds with the clerk of the court. 
  • The clerk shall hold the proceeds for the use and benefit of the person or persons thereafter determined by law to be entitled to the proceeds.
  • I.C. 30-4-3-37, effective July 1, 2010.
trustee s power to use principal
Trustee’s power to use principal
  • Addresses and establishes procedures for exercise of trust authority for trustee’s absolute power to invade and distribute the principal of the trust.
  • I.C. 30-4-3-36, effective July 1, 2010.
discretionary interest rules
Discretionary interest rules
  • New rules for trust “discretionary interests,” which are “mere expectancies” that are neither property interests or enforceable rights. Creditors may not compel trustees to make discretionary distributions, which are reviewable only for dishonest or improper motive. “[S]ole, absolute, uncontrolled, or unfettered discretion dispense with the trustee acting reasonably.” If trust language allows unequal distributions to beneficiaries, trustee has discretion to distribute all income and principal to a sole beneficiary.
  • I.C. 30-4-2.1-14, effectively July 1, 2010.
trust law limits on what is control by settlor or beneficiary
Trust law limits on what iscontrol by settlor or beneficiary
  • New list of eleven factors which cannot be considered dominion and control by a settlor or beneficiary.
  • Examples of factors: a beneficiary serving as a trustee or co-trustee; settlor or beneficiary holds an unrestricted power to remove or replace a trustee; person related by blood or adoption to a settlor or beneficiary is appointed as trustee; beneficiary holds any power of appointment over part or all of the trust property; trustee may loan trust property to the settlor for less than a full and adequate rate of interest or without adequate security.
  • I.C. 30-4-2.1-15, effective July 1, 2010.
settlor actions ruled out as alter ego control of trustee
Settlor actions ruled outas “alter ego” control of trustee
  • Absent clear and convincing evidence otherwise, a settlor of an irrevocable trust may not be considered the alter ego of a trustee. The following factors, alone or in combination, are not sufficient evidence to conclude that the settlor controls a trustee or is the alter ego of the trustee: (1) any combination of the factors listed in I.C. 30-4-2.1-15 [see prior slide]; (2) isolated occurrences of the settlor signing checks, making disbursements, or executing other documents related to the trust as a trustee when the settlor is, in fact, not a trustee; (3) requesting a trustee to make distributions on behalf of a beneficiary; (4) requesting a trustee to hold, purchase, or sell any trust property.
  • IC 30-4-2.1-16, effective July 1, 2010.
creditor can t reach beneficiary s power to remove trustee
Creditor can’t reach beneficiary’spower to remove trustee
  • A creditor may not reach, exercise, or otherwise acquire an interest of a beneficiary or any other person who holds an unconditional or conditional removal or replacement power over a trustee. A power described in this subsection is personal to a beneficiary or other person and may not be exercised by the person's creditors. A court may not direct a person to exercise the power. A creditor may not:        (1) reach an interest of a beneficiary who is also a trustee or co-trustee; or        (2) otherwise compel a distribution to a beneficiary who is also a trustee or co-trustee.A court may not foreclose against an interest held by a beneficiary described in (1) and (2).
  • 30-4-2.1-17, effective July 1, 2010.
2010 update traffic civil judicial administration

<?xml version="1.0"?><AllQuestions />

<?xml version="1.0"?><AllResponses />

<?xml version="1.0"?><Settings><answerBulletFormat>Numeric</answerBulletFormat><answerNowAutoInsert>No</answerNowAutoInsert><answerNowStyle>Explosion</answerNowStyle><answerNowText>Answer Now</answerNowText><chartColors>Use PowerPoint Color Scheme</chartColors><chartType>Horizontal</chartType><correctAnswerIndicator>Checkmark</correctAnswerIndicator><countdownAutoInsert>No</countdownAutoInsert><countdownSeconds>10</countdownSeconds><countdownSound>TicToc.wav</countdownSound><countdownStyle>Box</countdownStyle><gridAutoInsert>No</gridAutoInsert><gridFillStyle>Answered</gridFillStyle><gridFillColor>255,255,0</gridFillColor><gridOpacity>50%</gridOpacity><gridTextStyle>Keypad #</gridTextStyle><inputSource>Response Devices</inputSource><multipleResponseDivisor># of Responses</multipleResponseDivisor><participantsLeaderBoard>5</participantsLeaderBoard><percentageDecimalPlaces>0</percentageDecimalPlaces><responseCounterAutoInsert>No</responseCounterAutoInsert><responseCounterStyle>Oval</responseCounterStyle><responseCounterDisplayValue># of Votes Received</responseCounterDisplayValue><insertObjectUsingColor>Red</insertObjectUsingColor><showResults>Yes</showResults><teamColors>Use PowerPoint Color Scheme</teamColors><teamIdentificationType>None</teamIdentificationType><teamScoringType>Voting pads only</teamScoringType><teamScoringDecimalPlaces>1</teamScoringDecimalPlaces><teamIdentificationItem></teamIdentificationItem><teamsLeaderBoard>5</teamsLeaderBoard><teamName1></teamName1><teamName2></teamName2><teamName3></teamName3><teamName4></teamName4><teamName5></teamName5><teamName6></teamName6><teamName7></teamName7><teamName8></teamName8><teamName9></teamName9><teamName10></teamName10><showControlBar>Slides with Get Feedback Objects</showControlBar><defaultCorrectPointValue>0</defaultCorrectPointValue><defaultIncorrectPointValue>0</defaultIncorrectPointValue><chartColor1>187,224,227</chartColor1><chartColor2>51,51,153</chartColor2><chartColor3>0,153,153</chartColor3><chartColor4>153,204,0</chartColor4><chartColor5>128,128,128</chartColor5><chartColor6>0,0,0</chartColor6><chartColor7>0,102,204</chartColor7><chartColor8>204,204,255</chartColor8><chartColor9>255,0,0</chartColor9><chartColor10>255,255,0</chartColor10><teamColor1>187,224,227</teamColor1><teamColor2>51,51,153</teamColor2><teamColor3>0,153,153</teamColor3><teamColor4>153,204,0</teamColor4><teamColor5>128,128,128</teamColor5><teamColor6>0,0,0</teamColor6><teamColor7>0,102,204</teamColor7><teamColor8>204,204,255</teamColor8><teamColor9>255,0,0</teamColor9><teamColor10>255,255,0</teamColor10><displayAnswerImagesDuringVote>Yes</displayAnswerImagesDuringVote><displayAnswerImagesWithResponses>Yes</displayAnswerImagesWithResponses><displayAnswerTextDuringVote>Yes</displayAnswerTextDuringVote><displayAnswerTextWithResponses>Yes</displayAnswerTextWithResponses><questionSlideID></questionSlideID><controlBarState>Expanded</controlBarState><isGridColorKnownColor>True</isGridColorKnownColor><gridColorName>Yellow</gridColorName></Settings>

<?xml version="1.0"?><AllAnswers />

2010 UpdateTrafficCivil Judicial Administration

sea no 74 intrastate motor carrier safety and insurance certification
SEA No. 74 – Intrastate Motor Carrier Safety and Insurance Certification

Amends IC 8-2.1-24-1 and IC 8-2.1-24-18 which provides that this chapter applies to the certification of a motor carrier providing intrastate transportation by motor vehicle of property or passengers for compensation and a private carrier of persons or property and interstate and intrastate motor carriers of persons or property throughout Indiana.

sea no 74 intrastate motor carrier safety and insurance certification1
SEA No. 74 – Intrastate Motor Carrier Safety and Insurance Certification

Amends IC 8-21-24-3 which provides a new exception for certification of commercial motor carriers which includes motor vehicles operating exclusively in intrastate commerce that have a gross vehicle weight equal to or less than 26,000 pounds, so long as the motor vehicle is not transport for-hire, made for transport of 16 or more passengers including driver or made for transport of hazardous material.

sea no 74 motor vehicle definitions
SEA No. 74 Motor Vehicle Definitions
  • Definitions in Motor Vehicle Code:
    • Enacts IC 9-13-2-2.2 and IC 9-24-6-0.3 which provides alcohol for the purposes of IC 9-24-6 has the meaning set forth in new IC 9-24-6-0.3 which provides alcohol has the meaning set forth in 49 CFR 383.5 in effect July 1, 2010.
    • Amends IC 9-13-2-29 to provide that commercial driver’s license has meaning set forth in 49 CFR 383.5 as in effect July 1, 2010.
sea no 74 motor vehicle definitions1
SEA No. 74 Motor Vehicle Definitions
  • Amends IC 9-13-2-35 which provides that controlled substance has the meaning set forth in IC 35-48-1.
  • Amends IC 9-13-2-38 and IC 9-13-2-105 which provides that for purposes of IC 9-24-6, conviction, and Motor vehicle have the meanings set forth in 49 CFR 383.5 as in effect July 1, 2010.
sea no 74 motor vehicle definitions2
SEA No. 74 Motor Vehicle Definitions
  • Amends IC 9-13-2-173 which provides that State for purposes of section 120.5 of this chapter and IC 9-24-6, means any state in the United States or the District of Columbia.
  • Amends IC 9-13-2-196 which provides that Vehicle” for purposes of IC 9-24-6, has the meaning set forth in 49 CFR 383.5 as in effect July 1, 2010.
sea no 74 commercial driver s license
SEA No. 74 Commercial Driver’s License
  • Amends IC 9-24-6-6 which provides for serious traffic violations if committed while holding any class of commercial driver’s license.
  • Also, adds 3 serious traffic offenses.
    • Operating a commercial motor vehicle without having ever obtained a commercial driver’s license.
sea no 74 commercial driver s license1
SEA No. 74 Commercial Driver’s License
  • Operating a commercial motor vehicle without a commercial driver’s license in the possession of the individual.
  • Operating a commercial motor vehicle without holding the proper class or endorsement or a commercial driver’s license for the operation of the class of the commercial motor vehicle.
sea no 74 commercial driver s license2
SEA No. 74 Commercial Driver’s License

Amends IC 9-24-6-8 which provides for disqualifying offenses if committed while holding any class of commercial driver’s license.

sea no 74 commercial driver s license3
SEA No. 74 Commercial Driver’s License

Amends IC 9-24-6-17 which provides that a person commits C misdemeanor who knowingly allows, requires, permits or authorizes another person, to drive a commercial motor vehicle during a period when either (1) the other person is disqualified under this article or (2a) the driver, or (2b) the CMV driven by other person or (2c) the motor carrier operation is subject to an out-of service order.

sea no 74 commercial driver s license4
SEA No. 74 Commercial Driver’s License

Amends IC 9-24-6-19 which provides that the civil penalty imposed for violation of an out-of service order shall be in accordance with 49 CFR 383.53 as in effect July 1, 2010.

sea no 81 restricted or hardship license
SEA No. 81- Restricted or Hardship License

Amends IC 9-24-15-4 to provide that, when a license is suspended for either a pending charge or a conviction of an Indiana motor vehicle felony or a felony in which a motor vehicle was used, the defendant may file a petition for a restricted driving permit only in the court in which the charges are pending or the conviction was entered.

sea no 81 driving penalties
SEA No. 81- Driving Penalties

Amends IC 9-24-18-1 to make C misdemeanor driving without ever having obtained a valid license a Class A misdemeanor if the person has a prior unrelated conviction, and provides that a person convicted of either the C or A misdemeanor shall be prohibited from obtaining a valid license for a period of 90 days to two years.

sea no 81 license suspensions and revocations
SEA No. 81- License Suspensions and Revocations

Amends IC 9-30-4-6 and IC 35-44-3-3 to provide for a one-year license suspension for a person who commits D,C or B felony resisting law enforcement with a motor vehicle if the person exceeded the speed limit by 20 miles per hour, committed criminal recklessness with a motor vehicle, or engaged in IC 9-21-8-55(b) aggressive driving, and requires the suspension to be for two years if the person has a prior D, C, or B felony resisting law enforcement conviction.

sea no 81 license suspensions and revocations1
SEA No. 81- License Suspensions and Revocations

Enacts IC 9-30-4-6.5, to provide that any license suspension under IC 9-30-4 for motor vehicle crimes or specified crimes if committed with a motor vehicle does not commence until the person is released from incarceration.

sea no 170 operating while intoxicated
SEA No. 170 – Operating While Intoxicated

Amends IC 9-30-5-5 to make a D felony if a person causes the death of a law enforcement animal, as defined in IC 35-46-3-4.5, when operating a motor vehicle with an ACE of at least .08 grams of alcohol per (100) milliliters of the person’s blood or (210) liters of the person’s breath or with a controlled substance (schedule I or II of IC 35-48-2) or its metabolite in the person’s blood.

sea no 170 operating while intoxicated1
SEA No. 170 – Operating While Intoxicated

Also, it is a separate offense for the death of each person or law enforcement animal.

Also, makes an A felony if, while committing any offense described in subsection (a), the person operates a vehicle in a manner that causes the death of a law enforcement officer while the law enforcement officer is engaged in the officer’s official duties.

sea no 221 restricted or hardship license
SEA No. 221 – Restricted or Hardship License

Amends IC 9-24-15-3 to require a petition for hardship license to include statement whether the person is a habitual violator of traffic laws.

Amends IC 9-24-15-6, 6.5 and 6.7 to include the provision that if the court recommends to the Bureau that a person who is a habitual traffic violator be granted a restricted driving permit, the court shall require the person to submit to reasonable monitoring requirements.

sea no 221 habitual traffic violator
SEA No. 221- Habitual Traffic Violator

IC -9-30-10-4 which provides that a judgment as used in this section to determine the status as an habitual traffic violator includes a judgment in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of the offenses described in subsections (a) and (b).

sea no 221 habitual traffic violator1
SEA No. 221- Habitual Traffic Violator
  • Amends IC 9-30-10-9 to provide when the court places an Habitual Traffic Violator on probation and restricts his driving privileges, these restrictions shall specify the hours during which the person may drive.
  • And, when the court orders probation for an Habitual Traffic Violator, the court shall:
    • require him to submit to reasonable monitoring requirement ; and
    • impose other appropriate conditions of probation which, if the person is determined an Habitual Traffic Violator because at least 1 of the underlying offenses occurred within 5 years prior to the grant of a probationary or restricted license, then must include 1 or more of the following conditions:
sea no 221 habitual traffic violator2
SEA No. 221- Habitual Traffic Violator
  • New Probation Conditions:
    • Order prohibiting person from operating a motor vehicle or motorized bicycle with ACE of .02 grams or while under influence of intoxicating substance.
    • Order to submit to method to monitor compliance with the prohibition above, determined by court.
      • Ignition Interlock
      • Chemical Test if lawfully stopped by officer
      • Wear recording device that detects alcohol use
      • Submit to any other reasonable monitoring requirement.
sea no 221 habitual traffic violator3
SEA No. 221- Habitual Traffic Violator

Amends IC 9-30-10-13 to provide the bureau may issue a license to an Habitual Traffic Violator if the Bureau places a 3 year restriction on the person’s driver’s license and driving record indicating prohibited from operating a motor vehicle or motorized bicycle with an ACE of .02 gram or while intoxicated. And the person signs agreement with the bureau to submit to a chemical test if stopped while operating a motor vehicle or motorized bicycle by law enforcement at any time during the 3 years after the bureau issues the restricted license.

sea no 221 habitual traffic violator4
SEA No. 221- Habitual Traffic Violator

Amends IC 9-30-10-15 to provide that the court in an order reinstating driving privileges the court may require the bureau issue a restricted driving license for specified time which, if the person is an Habitual Traffic Violator and at least 1 or more of the underlying offenses occurred within prior 5 years, must include 1 or more of the following conditions:

sea no 221 habitual traffic violator5
SEA No. 221-Habitual Traffic Violator
  • Order specifying hours person may drive
  • Order prohibiting person from operating a motor vehicle or motorized bicycle with ACE of .02 grams or while under influence of intoxicating substance.
  • Order to submit to method to monitor compliance with the prohibition above, determined by court.
      • Ignition Interlock
      • Chemical Test if lawfully stopped by officer
      • Wear recording device that detects alcohol use
      • Submit to any other reasonable monitoring requirement.
sea no 221 habitual traffic violator6
SEA No. 221- Habitual Traffic Violator

Enacts IC 9-30-10-17.5 makes an A misdemeanor for a person who operates a vehicle or motorized bicycle in violation of conditions of a restricted license ordered by a court under IC 9-30-10-6(d)(9) or IC 9-30-10-15(d)(2).

sea no 342 implied consent and evidentiary matters
SEA No. 342 – Implied Consent and Evidentiary Matters

Amends IC 9-30-6-6 which provides a bodily substance sample does not have to be taken at a licensed hospital.

sea no 399 judgments for moving violations
SEA No. 399Judgments for Moving Violations

Amends IC 34-28-5-4 and establishes maximum amounts of fines for moving violations constituting a Class C Infraction, whether by admission, plea of no contest, or by finding of a Court after contest.

sea no 399 judgments for moving violations1
SEA No. 399Judgments for Moving Violations

Applies to all Indiana counties and became effective July 1, 2010.

In Marion County, applies to traffic violations after December 31, 2010

Refer to the code for definition of “moving violation”

sea no 399 judgments for moving violations2
SEA No. 399 –Judgments for Moving Violations
  • If admission, plea of no contest, or finding by court after contest, then Court costs and judgment not to exceed:
    • $35.50, if 0 moving violations within 5 years of appearance date.
    • $250.50,if 1 moving violation within 5 years of appearance date.
    • $500.00, if 2 or more moving violations within 5 years
    • Fines are in addition to cost for defensive driving school
sea no 399
SEA No. 399
  • Amends the following to include fees in reference to payments for fines or costs.
    • IC 34-28-5-5
    • IC 35-33.5-5-4
    • IC 35-33-8.5-11
    • IC 35-33-7-6
    • IC 35-38-4-6
    • IC 35-50-5-4
sea no 394 declaratory judgment act
SEA No. 394 – Declaratory Judgment Act

Amends IC 34-14-1-11 and enacts IC 34-33.1 in actions for declaratory relief, when a statute, ordinance, or franchise is alleged to be unconstitutional, the court shall certify this fact to the attorney general who shall be permitted to intervene for presentation of evidence, if admissible, and for arguments on the question of constitutionality.

sea no 394 declaratory judgment act1
SEA No. 394 - Declaratory Judgment Act

The State by the attorney general may file an amicus curiae brief in any matter pending in any state court without the consent of the parties or leave of court. Such brief shall be filed within the time allowed for the party with whom the state is substantively aligned. For good cause shown, a court may permit belated filing, if allowed, shall set a deadline opposing reply brief.

hea no 1021 execution of judgment bankruptcy exemptions
HEA No. 1021 – Execution of Judgment; Bankruptcy Exemptions

Amends IC 34-55-10-2 which includes as an exemption for debtor’s property domiciled in Indiana a refund or a credit received by a debtor under federal or state earned income credit.

hea no 1047 name change actions
HEA No. 1047 – Name Change Actions

Amends IC 34-28-2-2 to provide that the petition for name change must include, if applicable, information required in the new section 2.5 of this chapter and requires a petition filed by a person described in section 2.5 be subscribed and sworn to or affirmed under penalties of perjury and before a notary public or person authorized to administer an oath.

hea no 1047 name change actions1
HEA No. 1047 - Name Change Actions

Enacts IC 34-28-2-2.5 that if a person at least 17 years old petitions for a name change, the petition must include (subject to Ind. Admin. Rule 9): date of birth, current address, valid Indiana driver’s license number or identification card, list of all previous names used, proof of United States citizenship, statement concerning whether petitioner holds valid U.S. passport and description of all state of federal felony convictions.

hea no 1047 name change actions2
HEA No. 1047-Name Change Actions

Amends IC 34-28-2-3 to delete requirement of publication of first notice of petition not more than 7 days after petition filed for cases where parent or guardian wishes to change name of a minor child.

hea no 1062 uniform enforcement of judgment
HEA No. 1062 - Uniform Enforcement of Judgment

Amends IC 34-6-2-48.3 which provides that foreign judgment is any judgment of a court of the United State or that is entitled to full faith and credit of Indiana.

hea no 1062 uniform enforcement of judgment1
HEA No. 1062 - Uniform Enforcement of Judgment

Amends IC 34-54-11-1 which provides a copy of any judgment authenticated in accordance with 28 USC 1963 or an Indiana statute may be filed with county clerk.

A foreign judgment is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as an Indiana judgment.

hea no 1062 uniform enforcement of judgment2
HEA No. 1062 - Uniform Enforcement of Judgment
  • Amends IC 34-54-11-2 which provides the manner for filing of foreign judgment.
    • Judgment creditor must file an affidavit with the clerk of the court at time of filing foreign judgment.
    • Promptly after filing, clerk must send to judgment debtor at address provided notice of the filing.
hea no 1062 uniform enforcement of judgment3
HEA No. 1062 - Uniform Enforcement of Judgment
  • Judgment creditor shall mail notice to judgment debtor and file proof of mailing with clerk.
  • Lack of mailing notice by clerk does not affect enforcement if proof of mailing filed.
hea no 1062 uniform enforcement of judgment4
HEA No. 1062 - Uniform Enforcement of Judgment

Enacts IC 34-54-11-6 which provides that this chapter shall be interpreted and construed to effectuate its general purpose to make uniform the law of those states that enact the uniform enforcement of foreign judgments act.

Enacts IC 34-45-11-7 which provides that this chapter may be cited as the “Uniform Enforcement of Foreign Judgments Act.”

hea no 1122 mortgage foreclosure abatement of abandoned property
HEA No. 1122 – Mortgage Foreclosure; Abatement of Abandoned Property

Amends IC 33-29-7-3 and provides, if, praecipe not filed within 180 days after the latter of: (1) the period specified in subsection (a) or the judgment is filed; and

(2) the sale is not: (a) prohibited by law, (b) subject to voluntary statewide foreclosure moratoruim or (c) subject to a written agreement executed between judgment holder and property owner providing for a delay in the sale, then, an enforcement authority that has issued an abatement order regarding mortgage property may file praecipe with court in any county where judgment is filed. If filed, then clerk shall certify judgment to sheriff.

hea no 1122 mortgage foreclosure abatement of abandoned property1
HEA No. 1122 – Mortgage Foreclosure; Abatement of Abandoned Property
  • IC 32-30-10.5-8 is amended to provide that creditor’s notice of foreclosure must inform the debtor:
    • If foreclosure is filed and obtained, debtor has right before a sheriff’s sale occurs to:
      • Appeal a finding of abandonment by the court
      • Redeem the real estate from judgment
      • Retain possession of property
hea no 1122 mortgage foreclosure abatement of abandoned property2
HEA No. 1122 – Mortgage Foreclosure; Abatement of Abandoned Property

The following statement is required in the notice: Mortgage foreclosure is a complex process. People may approach you about “saving” your home. You should be careful about any such promises. There are government agencies and nonprofit organizations you may contact for helpful information about the foreclosure process. For the name and telephone number of an organization near you, please call the Indiana Foreclosure Prevention Network.

hea 1165 veteran s benefits
HEA 1165 – Veteran’s Benefits
  • Amends IC 34-55-10-2 to provide the following exemptions for debtors:
    • Money in health savings account
    • Interest in qualified tuition program
    • Interest in education savings account
    • Interest in tax refund or credit
    • Disability benefit for service connected disability
hea 1165 veteran s benefits1
HEA 1165 – Veteran’s Benefits

The amount of these property exemptions applies until a rule is adopted by the Department of Financial Institutions.

Bankruptcy of Debtor’s property held as tenancy by entireties that results in ownership by bankruptcy estate does not sever the tenancy by entireties.

hea 1350 uniform interstate deposition discovery act
HEA 1350 – Uniform Interstate Deposition Discovery Act

Enacts IC 34-44.5 which provides to request issuance of subpoena based on a foreign subpoena must submit foreign subpoena to clerk in county where discovery sought and clerk shall promptly issue foreign subpoena.

hea 1350 uniform interstate deposition discovery act1
HEA 1350 – Uniform Interstate Deposition Discovery Act

Subpoena must incorporate terms used in foreign subpoena and contain names addresses and phone number of all counsel of record in proceeding and any party not represented by counsel.

Also provides for Protective Order Application to enforce, quash or modify subpoena

hea 1350 uniform unsworn foreign declarations act
HEA 1350 – Uniform Unsworn Foreign Declarations Act

Enacts IC 34-59 which provides if Indiana law requires or allows the use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.

If Indiana law required the sworn declaration to be presented in a particular medium, then the unsworn declaration must be presented in that medium.

hea 1350 uniform unsworn foreign declarations act1
HEA 1350 – Uniform Unsworn Foreign Declarations Act
  • Does not apply to:
    • A deposition
    • An oath of office
    • An oath required to be given before a specified official other than a notary public
    • A declaration to be recorded in IC 32; or
    • An oath required by IC 29-1-5
sea no 23
SEA No. 23

Office of Management and Budget

Amends IC 4-3-22-16 to include in the definition of a coordinator an ombudsman as designated under I.C. 5-28-17-5.

sea no 23 administrative rule and procedures
SEA No. 23 - Administrative Rule and Procedures

Amends IC 4-22-2-28 provides the definition of Ombudsman refers to the small business ombudsman designated under IC 5-28-17-5.

judicial nominating commission requirements of senior judges
Judicial Nominating Commission; Requirements of Senior Judges

SEA No. 36

Amends IC 33-27-4-3 which provides that a senior judge may also have served or be serving as a magistrate.

sea no 1271
SEA No. 1271

Community Corrections Advisory Board; Powers and Duties

Amends IC 11-12-2-3 and IC 11-12-37-7 which replaces the reference of drug court with that of problem solving court established under I.C. 33-23-16 that authorizes a court the power to address specific issues.

sea no 1271 commission on courts
SEA No. 1271 – Commission on Courts

Enacts IC 33-23-16 which provides for problem solving courts or community courts that are focused on addressing specific neighborhood or local criminal problems and specifically defines domestic violence court, drug court, family dependency court, mental health court, reentry court, and veterans court.

corrections inmate identification progress
Corrections; Inmate; identification; progress

SEA No. 415

Amends I.C. 11-13-9-2 which provides for discharge and parole for DOC inmates confined for 21years if the inmate has received 4 years of credit time under IC 35-50-6.

sea no 415 corrections
SEA No. 415 - Corrections

Amends IC 35-50-6-3.3 which provides for credit for persons in credit Class I for successfully completing requirements of a reformative program approved by DOC. And the amount of credit time earned for completion is not more than a total of 6 months credit time as determined by DOC, but if inmate is serving a sentence for an offense listed under IC 11-8-8-4.5, then no credit time.

sea no 415 corrections1
SEA No. 415 Corrections

Also, an inmate committed to the DOC who commits an offense listed under IC 11-8-8-4.5 while the person is required to register as a sex or violent offender under IC 11-8-8-7 may not earn credit time.

hea no 1061 court identification security protection fee
HEA No. 1061 – Court Identification Security Protection Fee

Enacts IC 33-32-2-9 which provides requirement and payment for training of clerks elected to office after November 2, 2010. Clerks shall complete at 15 hours of training course within 1 year and 40 hours of training courses within 3 years after beginning the individual’s term as clerk. Also, training courses refers to those courses related to the office of clerk developed by the Association of Indiana Counties and approved by state board of accounts.

hea no 1061 county government
HEA No. 1061 – County Government

Amends IC 36-2-7-19 which provides for the county elected officials training fund which each county legislative body shall establish before July 1, 2011 and the county fiscal body shall appropriate money from the fund. The funds do not revert to the county general fund. The fund shall be used solely for training of county elected officials and consists of money deposited under IC 36-2-7.5-6(c)(3) and any other sources permitted by law.

hea no 1061 county government1
HEA No. 1061 – County Government
  • Amends IC 36-2-7.5-6 which provides beginning July 1, 2011, the county recorder shall deposit the fee charged under subsection (a) in the following manner:
    • $1.00 in the county recorder’s records perpetuation fund established under IC 36-2-7-10(d).
    • $0.50 in the county identification security protection fund established under section 11 of this chapter.
    • $0.50 in the county elected officials training fund established under IC 36-2-7-19.
hea no 1061 county government2
HEA No. 1061 – County Government

Amends IC 36-2-7.5-11 which provides a fund consists of money deposited in the fund under section 6(b) of this chapter (before July 1, 2011) and section 6 (c) of this chapter (after June 30, 2011).

hea no 1065 emergency management firearms
HEA No. 1065 – Emergency Management; Firearms

Amends IC 10-14-3-12 allows persons who hold a license to practice medicine, dentistry, pharmacy, nursing, engineering, veterinary medicine, mortuary service and other similar profession, as may be specified by the governor, to practice their profession in Indiana during a period of the state of emergency, if the state where the person is registered has a mutual aid compact for emergency management with Indiana.

hea 1065 emergency management firearms
HEA 1065 – Emergency Management; Firearms

Enacts IC 10-14-3-33.5 which provides that during a disaster emergency, energy emergency or a local disaster emergency, the state, political subdivision, or any other person may not prohibit or restrict the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition.

hea no 1065 emergency management firearms1
HEA No. 1065 – Emergency Management; Firearms

Except on: school property, or property being used by a school for school function or school bus; or property of a child caring institution, emergency shelter care child caring institution, private secure facility, group home or emergency shelter care group home, a penal facility, in violation of federal law, on property belonging to a post-secondary educational institution, domestic violence shelter, a person’s residence, or property controlled Under U.S. Homeland Security’s Chemical Facility Antiterrorism Standards or that is required to have a security plan under the Maritime Transportation Security Act of 2002.

hea no 1065 definitions
HEA No. 1065 - Definitions

Amends IC 34-6-2-46.7 which defines firearm for purposes of IC 34-28-7 and IC 34-30-20 with the meaning set forth in IC 35-47-1-5.

Amends IC 34-6-2-49 which defines governmental entity for purposes of Section 91 of this chapter, IC 34-13-2, IC 34-13-3 and IC 34-13-4 to means the state or a political subdivision of the state

hea no 1065 definitions1
HEA No. 1065 - Definitions

Amends IC 34-6-2-103 which defines person for purposes of IC 34-28-7 to mean an individual , governmental entity, corporation, firm, trust, partnership or an incorporated or unincorporated association that exists under or is authorized by the laws of this state, another state, or a foreign country.

hea no 1065 possession of firearms in locked vehicles
HEA No. 1065 – Possession of Firearms in Locked Vehicles

Enacts IC 34-28-7 which applies to possession of a firearm or ammunition by an individual who may possess the firearm or ammunition legally.

A person may not adopt or enforce an ordinance, resolution, policy or rule the prohibits an employee or contractor of the person from possessing a firearm or ammunition that is locked in the trunk of the employee’s vehicle in the glove compartment, in the locked vehicle or stored out of plain sight.

hea no 1065 possession of firearms in locked vehicles1
HEA No. 1065 – Possession of Firearms in Locked Vehicles

This new chapter does not prevent or prohibit a person from adopting or enforcing an ordinance, resolution or policy that prohibits his employee, contract employee from possessing a firearm in those areas of exception.

hea no 1065 possessions of firearms in locked vehicles
HEA No. 1065 – Possessions of Firearms in Locked Vehicles

Except on: school property, or property being used by a school for school function or school bus; or property of a child caring institution, emergency shelter care child caring institution, private secure facility, group home or emergency shelter care group home, a penal facility, in violation of federal law, on property belonging to a postsecondary educational institution, domestic violence shelter, a person’s residence, or property controlled Under U.S. Homeland Security’s Chemical Facility Antiterrorism Standards and licensed by the U.S. Nuclear Regulatory Commission under Title 10 of the Code of Federal Regulations, owned by public utility, and employee’s personal vehicle.

hea no 1065 possession of firearms in locked vehicles2
HEA No. 1065 – Possession of Firearms in Locked Vehicles

Remedy for violation: Person may bring a civil action.

If court finds violation, then may award actual damages, court costs, attorney’s fees to the prevailing individual; or enjoin further violations.

This remedy does not limit a person’s rights or remedies under any other state or federal law.

A court has no jurisdiction over an action brought against an employer who is in compliance with section 2 of this chapter for injury or damage resulting from the employer’s compliance with section 2 of this chapter.