Introduced Version






HOUSE BILL No. 1141

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-33-54.

Synopsis: Courts in Montgomery County. Establishes the Montgomery superior court No. 2 and abolishes the Montgomery county court. Transfers cases pending in the Montgomery county court to the Montgomery superior court No. 2. Provides that the judge of the Montgomery county court serves as the initial judge of Montgomery superior court No. 2. (The introduced version of this bill was prepared by the commission on courts.)

Effective: July 1, 2005.





Brown T, Thompson, Kuzman




    January 6, 2005, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 114th General Assembly (2005)


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 2004 Regular Session of the General Assembly.

HOUSE BILL No. 1141



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

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

SOURCE: IC 33-33-54-2; (05)IN1141.1.1. -->     SECTION 1. IC 33-33-54-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) There is are established a court two (2) courts of record to be known as the:
         (1) Montgomery superior court No. 1; and
        (2) Montgomery superior court No. 2.

    (b) The Each Montgomery superior court is a standard superior court as described in IC 33-29-1.
    (c) Montgomery County comprises the judicial district of the each court.
SOURCE: IC 33-33-54-3; (05)IN1141.1.2. -->     SECTION 2. IC 33-33-54-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. The Each court has one (1) judge who shall hold sessions in:
        (1) the Montgomery County courthouse in Crawfordsville; or
        (2) other places in the county as the Montgomery County executive may provide.
SOURCE: IC 33-33-54-4; (05)IN1141.1.3. -->     SECTION 3. IC 33-33-54-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. The Each

Montgomery superior court has the same jurisdiction as the Montgomery circuit court.

SOURCE: IC 33-33-54-5; (05)IN1141.1.4. -->     SECTION 4. IC 33-33-54-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. Beginning January 1, 2006, each Montgomery superior court has a standard small claims and misdemeanor division.
SOURCE: ; (05)IN1141.1.5. -->     SECTION 5. [EFFECTIVE JULY 1, 2005] (a) Notwithstanding the amendment of IC 33-33-54 by this act, the Montgomery superior court No. 2 is not established until January 1, 2006.
    (b) As of January 1, 2006, the Montgomery county court is abolished.
    (c) Any case pending in the Montgomery county court after the close of business on December 31, 2005, is transferred on January 1, 2006, to the Montgomery superior court No. 2
established by IC 33-33-54-2, as amended by this act. All cases transferred under this SECTION that are eligible to be heard by the standard small claims and misdemeanor division, established by IC 33-33-54-5, as added by this act, shall be transferred to the standard small claims and misdemeanor division of the Montgomery superior court No. 2 in accordance with the venue requirements prescribed in Rule 75 of the Indiana Rules of Trial Procedure. A case transferred under this SECTION shall be treated as if the case were filed in the Montgomery superior court No. 2.
     (d) On January 1, 2006, all property and obligations of the Montgomery county court become the property and obligations of the Montgomery superior court No. 2.
    (e) The initial judge of the Montgomery superior court No. 2 established by IC 33-33-54-2, as amended by this act, shall be the person who is the Montgomery county court judge on December 31, 2005. The term of the initial judge of the Montgomery superior court No. 2 begins January 1, 2006, and ends December 31, 2006. The initial election of a judge for the Montgomery superior court No. 2, established by IC 33-33-54-2, as amended by this act, is the general election on November 7, 2006. The term of the initial elected judge of the Montgomery superior court No. 2 begins January 1, 2007.
    (f) This SECTION expires January 2, 2007.