Introduced Version






HOUSE BILL No. 1120

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 32-7-5-11 ; IC 33-1-17-2 ; IC 33-13-8-2 ; IC 33-17-1-1 ; IC 33-19-1 ; IC 35-38-2-1.

Synopsis: Municipal courts. Eliminates obsolete references to the municipal court.

Effective: July 1, 2000.





Kersey




    January 10, 2000, read first time and referred to Committee on Courts and Criminal Code.







Introduced

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. 1120



    A BILL FOR AN ACT to amend the Indiana Code concerning law and the judiciary.

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

SOURCE: IC 32-7-5-11; (00)IN1120.1.1. -->     SECTION 1. IC 32-7-5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 11. (a) The following courts have original and concurrent jurisdiction in cases arising under this chapter:
        (1) Each circuit court.
        (2) Each superior court.
        (3) Each county court.
        (4) Each municipal court.
        (5) (4) Each small claims court.
    (b) A case arising under this chapter may be filed on the small claims docket of a court that has jurisdiction.
SOURCE: IC 33-1-17-2; (00)IN1120.1.2. -->     SECTION 2. IC 33-1-17-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. As used in this chapter, "court employee" means a person employed by any of the following:
        (1) The supreme court.
        (2) The court of appeals.
        (3) The tax court.
        (4) A circuit court.
        (5) A superior court.
        (6) A juvenile court.
        (7) A probate court.
        (8) A county court.
        (9) A municipal court.
        (10) (9) A city or town court.
        (11) (10) A small claims court.
The term does not include a judge of any of the courts listed in subdivisions (1) through (11). (10).
SOURCE: IC 33-13-8-2; (00)IN1120.1.3. -->     SECTION 3. IC 33-13-8-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. The following words and phrases as used in this chapter, unless different meanings are plainly indicated by their context, shall have the following respective meanings:
    "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act.
    "His" and "widow" means "her" and "widower" in the event the participant is a woman.
    "Fund" means the Indiana judges' retirement fund, the fund created by this chapter.
    "Board" means the board of trustees of the public employees' retirement fund.
    "Employer" means the state of Indiana.
    "Judge" means any person who has served, is serving, or shall serve as a regular judge of any of the following courts:
    Supreme court of the state of Indiana.
    Court of appeals of the state of Indiana.
    Circuit court of any judicial circuit.
    Superior court of any county or counties.
    Criminal court of any county having a separate criminal court.
    Probate court of any county having a separate probate court.
    Juvenile court of any county having a separate juvenile court.
    Municipal court of any county (repealed by P.L.16-1995).
    County court of any county or counties.
    "Participant" means any judge participating in the fund.
    "Services" means the period beginning on the first day upon which any person first became a judge, whether such date is prior or subsequent to March 11, 1953, and ending on the date under

consideration, including all intervening employment as a judge, following resignation or expiration of any term of election or appointment. Services in any fraction of a month shall be considered as a month of service. However, no more than one (1) month shall be credited for services in any one (1) calendar month. If a judge is elected or appointed and serves one (1) or more terms or part of a term, then retires from office, but at a later period, or periods, is appointed or elected and serves as judge, the judge shall pay into said fund during all the periods served as judge, except as otherwise provided in this chapter, whether said periods be a connected period or disconnected period, but shall not be required to pay into said fund at any time when the judge is not serving as judge, or during any period of service as a senior judge under IC 33-4-8 , except as otherwise provided in this chapter.
    "Fiscal year" means the period beginning on July 1, in any year, and ending on June 30 of the succeeding year.
    "Salary" means the total salary paid to any participant by the state of Indiana and by a county or counties, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code.

SOURCE: IC 33-17-1-1; (00)IN1120.1.4. -->     SECTION 4. IC 33-17-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. As used in this article, "clerk" means a clerk of the circuit court elected and qualified under Article 6, Sections 2 and 4 of the Constitution of the State of Indiana. In a county having one (1) or more superior courts or a county municipal, or probate court, the clerk shall serve as clerk of the superior, county, municipal, and probate court as well as clerk of the circuit court.
SOURCE: IC 33-19-1-1; (00)IN1120.1.5. -->     SECTION 5. IC 33-19-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. This article applies to all proceedings in:
        (1) circuit courts (Article 7, Section 7 of the Constitution of the State of Indiana and IC 33-4);
        (2) superior courts (IC 33-5);
        (3) county courts (IC 33-10.5);
        (4) probate courts (IC 33-8);
        (5) municipal courts (IC 33-6); and
        (6) (5) city and town courts (IC 33-10.1).
SOURCE: IC 33-19-1-4; (00)IN1120.1.6. -->     SECTION 6. IC 33-19-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) Jurors of circuit, superior, county, and probate and municipal courts and members of a grand jury are entitled to fees equal to:
        (1) the mileage rate paid to state officers for each mile necessarily traveled to and from the court; and
        (2) payment at the rate of:
            (A) fifteen dollars ($15) for each day the juror is in actual attendance in court until the jury is impaneled; and
            (B) forty dollars ($40) for each day the juror is in actual attendance after impaneling and until the jury is discharged.
    (b) A county fiscal body may adopt an ordinance to pay from county funds a supplemental fee in addition to the fees prescribed by subsection (a)(2).
    (c) Jurors of city and town courts are entitled to:
        (1) fifteen dollars ($15) per day while in actual attendance; and
        (2) receive a sum for mileage equal to that sum per mile paid to state officers and employees for each mile necessarily traveled to and from the court.
    (d) A city or town fiscal body may adopt an ordinance to pay from city or town funds a supplemental fee in addition to the fee prescribed by subsection (c)(1).
    (e) A prospective juror who is summoned for jury duty and who reports to the summoning court on the day specified in the summons is in actual attendance on that day for the purposes of this section.
SOURCE: IC 35-38-2-1; (00)IN1120.1.7. -->     SECTION 7. IC 35-38-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. (a) Whenever it places a person on probation, the court shall:
        (1) specify in the record the conditions of the probation; and
        (2) advise the person that if the person violates a condition of probation during the probationary period, a petition to revoke probation may be filed before the earlier of the following:
            (A) One (1) year after the termination of probation.
            (B) Forty-five (45) days after the state receives notice of the violation.
    (b) In addition, if the person was convicted of a felony and is placed on probation, the court shall order the person to pay to the probation department the user's fee prescribed under subsection (c). If the person was convicted of a misdemeanor, the court may order the person to pay the user's fee prescribed under subsection (d). The court may:
        (1) modify the conditions (except a fee payment under subsection (c)); or
        (2) terminate the probation;
at any time. If the person commits an additional crime, the court may revoke the probation.
    (c) In addition to any other conditions of probation, the court shall

order each person convicted of a felony to pay:
        (1) not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) as an initial probation user's fee;
        (2) a monthly probation user's fee of not less than five dollars ($5) nor more than fifteen dollars ($15) for each month that the person remains on probation;
        (3) the costs of the laboratory test or series of tests to detect and confirm the presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV) if such tests are required by the court under section 2.3 of this chapter; and
        (4) an alcohol abuse deterrent fee and a medical fee set by the court under IC 9-30-9-8 , if the court has referred the defendant to an alcohol abuse deterrent program;
to the probation department.
    (d) In addition to any other conditions of probation, the court may order each person convicted of a misdemeanor to pay:
        (1) not more than a fifty dollar ($50) initial probation user's fee;
        (2) not more than a ten dollar ($10) monthly probation user's fee for each month that the person remains on probation; and
        (3) the costs of the laboratory test or series of tests to detect and confirm the presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV) if such tests are required by the court under section 2.3 of this chapter;
to the probation department.
    (e) All money collected by the probation department under this section shall be transferred to the county treasurer who shall deposit the money into the county supplemental adult probation services fund. The fiscal body of the county shall appropriate money from the county supplemental adult probation services fund to the county, superior, or circuit or municipal court of the county that provides probation services to adults.
    (f) All money collected by the probation department of a city or town court under this section shall be transferred to the fiscal officer of the city or town. The fiscal officer shall deposit the money into the local supplemental adult probation services fund. The fiscal body of the city or town shall appropriate money from the local supplemental adult probation services fund to the city or town court of the city or town for the court's use in providing probation services to adults or for the court's use for other purposes as may be appropriated by the fiscal body. Money may be appropriated under this subsection only to those

city or town courts that have an adult probation services program. If a city or town court does not have such a program, the money collected by the probation department must be transferred and appropriated as provided under subsection (e).
    (g) Except as provided in subsection (i), the county or local supplemental adult probation services fund may be used only to supplement probation services and to increase salaries for probation officers. A supplemental probation services fund may not be used to replace other funding of probation services. Any money remaining in the fund at the end of the year does not revert to any other fund but continues in the county or local supplemental adult probation services fund.
    (h) A person placed on probation for more than one (1) crime may not be required to pay more than:
        (1) one (1) initial probation user's fee; and
        (2) one (1) monthly probation user's fee per month;
to the probation department.
    (i) This subsection applies to a city or town located in a county having a population of more than one hundred fifty thousand (150,000) but less than one hundred sixty thousand (160,000). Any money remaining in the local supplemental adult probation services fund at the end of the local fiscal year may be appropriated by the city or town fiscal body to the city or town court for use by the court for purposes determined by the fiscal body.