SB 263-1_ Filed 01/30/2002, 16:43

COMMITTEE REPORT




MR. PRESIDENT:

    The Senate Committee on Judiciary, to which was referred Senate Bill No. 263, 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; (02)AM026302.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 33-2.1-9-1; (02)AM026302.1. -->     "SECTION 1. IC 33-2.1-9-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) As used in this chapter, "judge" has the meaning set forth in IC 33-13-17-3.
    (b) As used in this chapter, "prosecuting attorney" includes a senior prosecuting attorney appointed under IC 33-14-1.
    (c)
If a judge or prosecuting attorney is sued for civil damages or equitable relief and the suit would be construed, under notice pleading, as arising out of an act performed within the scope of the duties of the judge or prosecuting attorney, the attorney general shall:
        (1) defend the judge or prosecuting attorney in the suit; or
        (2) authorize the executive director of the division of state court administration to hire private counsel to provide the defense.".
SOURCE: Page 1, line 6; (02)AM026302.1. -->     Page 1, line 6, after "or" insert " chief".
    Page 1, line 9, delete "served as a prosecuting attorney or deputy" and insert " is willing to serve as a senior".
    Page 2, between lines 2 and 3, begin a new paragraph and insert:
    " (c) The circuit court shall promptly forward each affidavit received under this section to the prosecuting attorneys council of

Indiana.".
    Page 3, line 5, delete "if:" and insert " if".
    Page 3, delete lines 6 through 8.
    Page 3, line 9, delete "(2)"
    Page 3, run in lines 5 through 10.
    Page 3, between lines 39 and 40, begin a new paragraph and insert:
    " (i) The combination of:
        (1) the compensation paid to a senior prosecuting attorney under this chapter; and
        (2) retirement benefits that the person appointed as a senior prosecuting attorney is receiving or entitled to receive;
may not exceed the minimum compensation to which a full-time prosecuting attorney is entitled under IC 33-14-7-5.

     (j) A senior prosecuting attorney appointed under this chapter may not be compensated as senior prosecuting attorney for more than one hundred (100) calendar days in the aggregate during a calendar year.".
    Page 3, line 42, delete "senior prosecuting attorney" and insert " person".
    Page 4, delete lines 1 through 7, begin a new line blocked left and insert:
" appointed a senior prosecuting attorney under section 6 of this chapter if the person:
        (1) is not available for the minimum period of commitment for service as a special prosecutor; or
        (2) has had a disciplinary sanction imposed by the Indiana supreme court disciplinary commission or a similar body in another state that restricts the person's ability to practice law.

SOURCE: IC 33-14-9-7; (02)AM026302.5. -->     SECTION 5. IC 33-14-9-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. (a) As used in this chapter, "services" means the period beginning on the first day upon which a person first became:
        (1) a prosecuting attorney or chief deputy prosecuting attorney;
        (2) any other deputy prosecuting attorney who is:
            (A) appointed under IC 33-14-7-2 ; and
            (B) paid by the state from the state general fund; or
        (3) the executive director or the assistant executive director of the prosecuting attorneys council of Indiana;
whether that date is before, on, or after January 1, 1990, and ending on the date under consideration, including all intervening employment in a position described in subdivisions (1) through (3). If an individual is elected or appointed to a position described in subdivisions (1) through

(3) 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 in a position described in subdivisions (1) through (3), the individual shall pay into the fund during all the periods that the individual serves in that position, except as otherwise provided in this chapter, whether the periods are connected or disconnected.
    (b) A senior prosecuting attorney appointed under IC 33-14-1
may not be required to pay into the fund during any period of service as a senior prosecuting attorney.

SOURCE: IC 33-14-9-13; (02)AM026302.6. -->     SECTION 6. IC 33-14-9-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 13. A participant whose employment in a position described in section 7 of this chapter is terminated is entitled to a retirement benefit computed under section 14 or 16 of this chapter, beginning on the date specified by the participant in a written application, if all of the following conditions are met:
        (1) The application for retirement benefits and the choice of the retirement date is filed on a form provided by the board and the retirement date is:
            (A) after the cessation of the participant's service;
            (B) on the first day of a month; and
            (C) not more than six (6) months before the date the application is received by the board.
        However, if the board determines that a participant is incompetent to file for benefits and choose a retirement date, the retirement date may be any date that is the first of the month after the time the participant became incompetent.
        (2) The participant:
            (A) is at least sixty-two (62) years of age and has at least ten (10) years of service credit; or
            (B) meets the requirements for disability benefits under section 15 of this chapter.
        (3) The participant is not receiving and is not entitled to receive any salary for services currently performed, except for services rendered as a senior prosecuting attorney under IC 33-14-1.
SOURCE: IC 33-14-11-2; (02)AM026302.7. -->     SECTION 7. IC 33-14-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. As used in the chapter, "prosecuting attorney" means a prosecuting attorney, or a deputy prosecuting attorney, or a senior prosecuting attorney appointed under IC 33-14-1.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 263 as introduced.)

and when so amended that said bill do pass .

Committee Vote: Yeas 10, Nays 0.

____________________________________

Senator Bray, Chairperson


AM 026302/DI 105    2002