Reprinted

January 28, 2000






HOUSE BILL No. 1305

_____


DIGEST OF HB 1305 (Updated January 27, 2000 2:16 PM - DI 69)



Citations Affected: IC 34-28; IC 35-32.

Synopsis: County roads and venue. Specifies that a county is responsible for the construction, reconstruction, maintenance, and operation of the roads, including the ditches and signs for the roads, that make up the southern and eastern boundaries of the county. Provides that if an infraction allegedly took place on a public highway that runs on and along a common boundary shared by two or more judicial circuits, a prosecuting attorney for any judicial circuit sharing the common boundary may bring the action. Provides that if a person commits a crime on a public highway that runs on and along a common boundary shared by at least two counties, the person's trial may be held in any county that shares the common boundary.

Effective: July 1, 2000.





Richardson , Summers , Budak , Cherry




    January 11, 2000, read first time and referred to Committee on Courts and Criminal Code.
    January 24, 2000, reported _ Do Pass.
    January 27, 2000, read second time, amended, ordered engrossed.







Reprinted

January 28, 2000

Second Regular Session 111th General Assembly (2000)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 1999 General Assembly.

HOUSE BILL No. 1305



    A BILL FOR AN ACT to amend the Indiana Code concerning venue.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 8-17-1-45; (00)HB1305.2.1. -->     SECTION 1. IC 8-17-1-45 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 45. (a) Each county is responsible for the construction, reconstruction, maintenance, and operation of the roads , including the ditches and signs for those roads, making up its southern and eastern boundaries.
    (b) The county executives of two (2) adjoining counties may enter into an agreement under IC 36-1-7 for the construction, reconstruction, maintenance, or operation of any road or part of a road that makes up the boundary between the two (2) counties. In addition to the requirements of IC 36-1-7-3, an agreement under this section must provide for the following:
        (1) The division of costs between the counties.
        (2) The schedule for the work.
        (3) The method of resolving disputes concerning the agreement if any arise.
        (4) Any other terms the counties consider necessary.
SOURCE: IC 34-28-5-1; (00)HB1305.2.2. -->     SECTION 2. IC 34-28-5-1 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. (a) An action to enforce a statute defining an infraction shall be brought in the name of the state of Indiana by the prosecuting attorney for the judicial circuit in which the infraction allegedly took place. However, if the infraction allegedly took place on a public highway (as defined in IC 9-25-2-4) that runs on and along a common boundary shared by two (2) or more judicial circuits, a prosecuting attorney for any judicial circuit sharing the common boundary may bring the action.
    (b) An action to enforce an ordinance shall be brought in the name of the municipal corporation. The municipal corporation need not prove that it or the ordinance is valid unless validity is controverted by affidavit.
    (c) Actions under this chapter (or IC 34-4-32 before its repeal):
        (1) shall be conducted in accordance with the Indiana Rules of Trial Procedure; and
        (2) must be brought within two (2) years after the alleged conduct or violation occurred.
    (d) The plaintiff in an action under this chapter must prove the commission of an infraction or ordinance violation by a preponderance of the evidence.
    (e) The complaint and summons described in IC 9-30-3-6 may be used for any infraction or ordinance violation.
    (f) The prosecuting attorney or the attorney for a municipal corporation may establish a deferral program for deferring actions brought under this section. Actions may be deferred under this section if:
        (1) the defendant in the action agrees to conditions of a deferral program offered by the prosecuting attorney or the attorney for a municipal corporation;
        (2) the defendant in the action agrees to pay to the clerk of the court an initial user's fee and monthly user's fee set by the prosecuting attorney or the attorney for the municipal corporation in accordance with IC 33-19-5-2(e);
        (3) the terms of the agreement are recorded in an instrument signed by the defendant and the prosecuting attorney or the attorney for the municipal corporation;
        (4) the defendant in the action agrees to pay court costs of twenty-five dollars ($25) to the clerk of court if the action involves a moving traffic offense (as defined in IC 9-13-2-110); and
        (5) the agreement is filed in the court in which the action is

brought.
When a defendant complies with the terms of an agreement filed under this subsection (or IC 34-4-32-1(f) before its repeal), the prosecuting attorney or the attorney for the municipal corporation shall request the court to dismiss the action. Upon receipt of a request to dismiss an action under this subsection, the court shall dismiss the action. An action dismissed under this subsection (or IC 34-4-32-1(f) before its repeal) may not be refiled.

SOURCE: IC 35-32-2-1; (00)HB1305.2.3. -->     SECTION 3. IC 35-32-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. (a) Criminal actions shall be tried in the county where the offense was committed, except as otherwise provided by law.
    (b) If a person committing an offense upon the person of another is located in one (1) county and his victim is located in another county at the time of the commission of the offense, the trial may be in either of the counties.
    (c) If the offense involves killing or causing the death of another human being, the trial may be in the county in which the:
        (1) cause of death is inflicted;
        (2) death occurs; or
        (3) victim's body is found.
    (d) If an offense is committed in Indiana and it cannot readily be determined in which county the offense was committed, trial may be in any county in which an act was committed in furtherance of the offense.
    (e) If an offense is commenced outside Indiana and completed within Indiana, the offender may be tried in any county where any act in furtherance of the offense occurred.
    (f) If an offense commenced inside Indiana is completed outside Indiana, the offender shall be tried in any county where an act in furtherance of the offense occurred.
    (g) If an offense is committed on the portions of the Ohio or Wabash Rivers where they form a part of the boundaries of this state, trial may be had in the county that is adjacent to the river and whose boundaries, if projected across the river, would include the place where the offense was committed.
    (h) If an offense is committed at a place which is on or near a common boundary which is shared by two (2) or more counties and it cannot be readily determined where the offense was committed, then the trial may be had in any county sharing the common boundary.
     (i) If an offense is committed on a public highway (as defined in IC 9-25-2-4) that runs on and along a common boundary shared by

two (2) or more counties, the trial may be held in any county sharing the common boundary.