SB 569-1_ Filed 03/01/2001, 10:37

COMMITTEE REPORT

MR. PRESIDENT:

    The Senate Committee on Judiciary, to which was referred Senate Bill No. 569, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 1; (01)CR056901.1. -->     Page 1, delete lines 1 through 17, begin a new paragraph and insert:
SOURCE: IC 31-14-1.5; (01)CR056901.1. -->     SECTION 1. IC 31-14-1.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 1.5. Security to Secure Child Support, Custody, and Visitation Rights".
SOURCE: Page 2, line 1; (01)CR056901.2. -->     Page 2, delete lines 1 through 6.
    Page 2, line 7, delete "(d)" and insert " Sec. 1.".
    Page 2, line 7, delete "or surety".
    Page 2, line 7, delete "chapter" and insert " article to secure the obligation of child support, enforcement of a custody order, or enforcement of a visitation order".
    Page 2, line 8, after ";" insert " and".
    Page 2, line 11, delete "; and" and insert " .".
    Page 2, delete line 12, begin a new paragraph and insert:
    " Sec. 2. A bond described in section 1 of this chapter may be prepared in substantially the following form:".
    Page 4, line 5, delete "(e) The" and insert " Sec. 3. Upon forfeiture, the".
    Page 4, line 5, after "of" insert " the security,".
    Page 4, line 5, delete "or surety forfeited under this section" and insert " , or other guarantee ordered to secure the obligation of

child support, enforcement of a custody order, or enforcement of a visitation order under this article".
    Page 4, line 10, delete ";" and insert " , if the security, bond, or guarantee covers custody or visitation, or both;".
    Page 4, line 13, delete "(f) The" and insert " Sec. 4. Upon forfeiture, the".
    Page 4, line 13, after "of" insert " security,".
    Page 4, line 13, delete "or surety forfeited under this section" and insert " , or other guarantee ordered to secure the obligation of child support, enforcement of a custody order, or enforcement of a visitation order under this article".
    Page 4, line 14, delete "subsection (e)" and insert " section 3 of this chapter".
    Page 4, line 15, delete "placed in trust to provide for:" and insert " applied toward:".
    Page 4, line 17, delete "upon" and insert " .".
    Page 4, delete lines 18 through 42, begin a new paragraph and insert:
SOURCE: IC 31-14-11-7; (01)CR056901.2. -->     "SECTION 2. IC 31-14-11-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. The court may require that the parent obligated to make support payments provide appropriate in:
        (1) a support order; or
        (2) modification of a support order;
for the
security, bond, or other guarantee that is satisfactory to ensure that the parent will fulfill the parent's court to secure the obligation to make support payments.
SOURCE: IC 31-14-13-6.5; (01)CR056901.3. -->     SECTION 3. IC 31-14-13-6.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6.5. The court may provide in:
        (1) a custody order; or
        (2) a modification of a custody order;
for the security, bond, or other guarantee that is satisfactory to the court to secure enforcement of the custody order.

SOURCE: IC 31-14-13-6.7; (01)CR056901.4. -->     SECTION 4. IC 31-14-13-6.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6.7. The court shall consider requiring security, a bond or another guarantee under section 6.5

of this chapter if the court determines that there is a reasonable likelihood from the totality of the evidence that one (1) or more parties may commit a violation of IC 35-42-3-4 (interference with custody). In making a determination under this section, the court may consider the following:
        (1) Whether a party has previously taken a child out of Indiana or another state in violation of a custody or visitation order.
        (2) Whether a party has previously threatened to take a child out of Indiana or another state in violation of a custody or visitation order.
        (3) Whether a party has strong ties to Indiana.
        (4) Whether a party is a citizen of another country and has strong emotional or cultural ties to the other county in which the person is a citizen.
        (5) Whether a party has friends or family living outside Indiana.
        (6) Whether a party does not have a financial reason to stay in Indiana, such as whether the party is unemployed, able to work anywhere, or is financially independent.
        (7) Whether a party has engaged in planning that would facilitate removal from Indiana, such as quitting a job, selling the party's primary residence, terminating a lease, closing an account, liquidating other assets, hiding or destroying documents, applying for a passport, applying for a birth certificate, or applying for school or medical records.
        (8) Whether a party has a history of marital instability, a lack of parental cooperation, domestic violence, or child abuse.
        (9) Whether a party has a criminal record.

SOURCE: IC 31-14-14-2.5; (01)CR056901.5. -->     SECTION 5. IC 31-14-14-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.5. The court may provide in:
        (1) a visitation order; or
        (2) a modification of a visitation order;
for the security, bond, or other guarantee that is satisfactory to

secure enforcement of the visitation order.
SOURCE: IC 31-14-15-3; (01)CR056901.6. -->     SECTION 6. IC 31-14-15-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) This section does not apply to an order under IC 31-14-11-7 , IC 31-14-13-6.5 , or IC 31-14-14-2.5.
    (b)
A court may not require an applicant for a temporary restraining order or an injunction under this chapter (or IC 31-6-6.1-12.1 before its repeal) to give security.
SOURCE: IC 31-14-16-2; (01)CR056901.7. -->     SECTION 7. IC 31-14-16-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) This section does not apply to an order under IC 31-14-11-7 , IC 31-14-13-6.5 , or , IC 31-14-14-2.5.
    (b)
A court may not require the moving party under this chapter to give security.
SOURCE: IC 31-16-3.5; (01)CR056901.8. -->     SECTION 8. IC 31-16-3.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 3.5. Security to Secure Child Support
     Sec. 1. A bond required under this article to secure the obligation of child support must:
        (1) be in writing; and
        (2) be secured by:
            (A) at least one (1) resident freehold surety; or
            (B) a commercial insurance company.
    Sec. 2. A bond described in section 1 of this chapter may be prepared in substantially the following form:
STATE OF INDIANA    )
                            ) SS:
COUNTY OF _________________ )
                            )
                            )
IN THE MATTER OF:
                            )
                            )
Name of Parent (As the Principal)
                            )
Name of Parent (As the Obligee)
                            )


                            )
CHILD:
                            )
Name of Child
                            )
    KNOW ALL MEN BY THESE PRESENTS, that we _________, as Principal, and _____, as Surety, are held and firmly bound unto _____, as Obligee, in the penal sum of ____ Dollars ($____), for the payment of which well and truly to be made we hereby bind ourselves and our heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents.
    WHEREAS, an Order was duly made and entered by the above Court in the State of Indiana, County of ____, dated ____, defining custody, visitation, and support rights regarding the named children.
    NOW THEREFORE, the conditions of this obligation are such that:
    1.        No right of action on this bond shall be granted for the use or benefit of any individual, partnership, corporation, or other entity, other than the named Obligee.
    2.        It is agreed that neither this bond nor the obligation of this bond, nor any interest in this bond, may be assigned without the prior express written consent of the Surety.
    3.        Payment under this bond shall be conditioned upon the Obligee's, or the representative of the Obligee's filing a motion with the court seeking a declaration of forfeiture of the bond and the Court's finding and entry of a final judgment ordering the Principal and Surety to make such payment. A certified copy of the filing shall be provided to the Surety at its address of record. The Surety shall make payment within thirty (30) days of receiving notification of the final judgment directly to a Trustee appointed by the Court who shall administer the funds in a fiduciary capacity.
    4.        The Surety shall not be liable hereunder for any amount larger than the face amount of this bond.
    5.        This bond and the obligation hereunder shall terminate

and be of no further effect if the Court order requiring it is modified in any way without the Surety's consent, expires, or this cause is removed to another jurisdiction.
    6.        The Surety may file a motion with the Court for discharge of this bond and its obligation hereunder for any good cause. Good cause includes, but is not limited to, misrepresentation or fraud in the initial application for this bond, nonpayment of premium, loss of collateral, or resignation of the Indemnitor. The Surety shall give notice of any such motion to the Obligee.
    NOW THEREFORE, if the Principal faithfully complies with the requirements and conditions of the Court Order within the limitations and parameters set forth therein, then this Obligation shall be void, otherwise it shall remain in full force and effect.
    In witness whereof, each party to this bond has caused it to be executed at the place and on the date indicated below.
    Signed, sealed and dated on this ____ day of ____, 20___.
Principal:                Surety
_______                _______
(Name and address of Principal)
        (Name and address of Surety)
_______                _______
(Signature of Principal)
        (Countersigned by attorney-in-fact)
        (Surety seal)
Witness:
    Sec. 3. Upon forfeiture, the proceeds of security, a bond , or other guarantee ordered to secure the obligation of child support, enforcement of a custody order, or enforcement of a visitation order under this article may only be used to:
        (1) reimburse the nonviolating party for actual costs or damages incurred in upholding the court's order;
        (2) locate and return the child to the residence as set forth in the court's order, if the security, bond, or guarantee covers custody or visitation, or both; or
        (3) reimburse reasonable fees and court costs to the court appointed trustee.
    Sec. 4. The proceeds of the security, bond
, or other guarantee

ordered to secure the obligation of child support ordered under this article that are not applied to the expenses described in section 3 of this chapter must be applied toward:
        (1) the child's higher education; or
        (2) the support and maintenance of the child.

SOURCE: IC 31-16-8-3; (01)CR056901.9. -->     SECTION 9. IC 31-16-8-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. The court may provide in a modification of a support order for the security, bond, or other guarantee that is satisfactory to the court to secure the obligation to make support payments.
SOURCE: IC 31-17-1.5; (01)CR056901.10. -->     SECTION 10. IC 31-17-1.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 3.5. Security to Secure Custody and Visitation Orders".
SOURCE: Page 5, line 1; (01)CR056901.5. -->     Page 5, delete lines 1 through 5.
    Page 5, line 6, delete "(d)" and insert " Sec. 1.".
    Page 5, line 6, delete " or surety".
    Page 5, line 6, delete "chapter" and insert " article to secure enforcement of a custody order or visitation order".
    Page 5, line 7, after ";" insert " and".
    Page 5, line 10, delete "; and" and insert " .".
    Page 5, delete line 11, begin a new paragraph and insert:
    " Sec. 2. A bond described in section 1 of this chapter may be prepared in substantially the following form:".
    Page 7, line 5, delete "(e) The" and insert " Sec. 3. Upon forfeiture, the".
    Page 7, line 5, after "of" insert " security,".
    Page 7, line 5, delete "or surety forfeited under this section" and insert " , or other guarantee ordered to secure enforcement of a custody order or visitation order under this article".
    Page 7, line 13, delete "(f) The" and insert " Sec. 4. Upon forfeiture, the".
    Page 7, line 13, after "of" insert " the security,".
    Page 7, line 13, delete "or surety forfeited under this section" and insert " , or other guarantee ordered to secure enforcement of a custody order or visitation order under this article".
    Page 7, line 14, delete "subsection (e)" and insert " section 3 of this

chapter".
    Page 7, line 15, delete "placed in trust to provide for:" and insert " applied toward:".
    Page 7, line 17, delete "upon" and insert " .".
    Page 7, delete lines 18 through 22, begin a new paragraph and insert:
SOURCE: IC 31-17-2-21.5; (01)CR056901.11. -->     "SECTION 11. IC 31-17-2-21.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21.5. The court may provide in:
        (1) a custody order; or
        (2) a modification to a custody order;
for the security, bond, or other guarantee that is satisfactory to the court to secure enforcement of the custody order.

SOURCE: IC 31-17-2-21.7; (01)CR056901.12. -->     SECTION 12. IC 31-17-2-21.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21.7. The court shall consider requiring security, a bond or another guarantee under section 21.5 of this chapter if the court determines that there is a reasonable likelihood from the totality of the evidence that one (1) or more parties may commit a violation of IC 35-42-3-4 (interference with custody). In making a determination under this section, the court may consider the following:
        (1) Whether a party has previously taken a child out of Indiana or another state in violation of a custody or visitation order.
        (2) Whether a party has previously threatened to take a child out of Indiana or another state in violation of a custody or visitation order.
        (3) Whether a party has strong ties to Indiana.
        (4) Whether a party is a citizen of another country and has strong emotional or cultural ties to the other county in which the person is a citizen.
        (5) Whether a party has friends or family living outside Indiana.
        (6) Whether a party has not financial reason to stay in Indiana, such as whether the party is unemployed, able to work anywhere, or is financially independent.
        (7) Whether a party has engaged in planning that would facilitate removal from Indiana, such as quitting a job, selling

the party's primary residence, terminating a lease, closing an account, liquidating other assets, hiding or destroying documents, applying for a passport, applying for a birth certificate, or applying for school or medical records.
        (8) Whether a party has a history of marital instability, a lack of parental cooperation, domestic violence, or child abuse.
        (9) Whether a party has a criminal record.

SOURCE: IC 31-17-4-2.5; (01)CR056901.13. -->     SECTION 13. IC 31-17-4-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.5. The court may provide in:
        (1) a visitation order; or
        (2) a modification to a visitation order;
for the security, bond, or other guarantee that is satisfactory to the court to secure enforcement of the provisions of the visitation order.

SOURCE: IC 31-17-4-7; (01)CR056901.14. -->     SECTION 14. IC 31-17-4-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) This section does not apply to an order under IC 31-17-4-2.5.
    (b)
A court may not require an applicant for a temporary restraining order or an injunction under section 4 of this chapter (or IC 31-1-11.5-26 before its repeal) to give security.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 569 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 8, Nays 0.

____________________________________

    Bray
Chairperson


CR056901/DI 51    2001