HB 1156-2_ Filed 01/25/2006, 21:13


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

16

                                                        NO:
3

MR. SPEAKER:
    Your Committee on       Ways and Means     , to which was referred       House Bill 1156     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 11, line 18; (06)AM115602.11. -->     Page 11, between lines 18 and 19, begin a new paragraph and insert:
SOURCE: IC 33-33-49-6; (06)AM115602.8. -->     "SECTION 8. IC 33-33-49-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) There is established a superior court in Marion County. The court consists of: thirty-two (32)
        (1) thirty-four (34)
judges beginning January 1, 2007, and ending December 31, 2008; and
        (2) thirty-six (36) judges beginning January 1, 2009.

    (b) To be qualified to serve as a judge of the court, a person must be, at the time a declaration of candidacy or a petition of nomination under IC 3-8-6 is filed:
        (1) a resident of Marion County; and
        (2) an attorney who has been admitted to the bar of Indiana for at least five (5) years.
    (c) During the term of office, a judge of the court must remain a

resident of Marion County.

SOURCE: IC 33-33-49-13; (06)AM115602.9. -->     SECTION 9. IC 33-33-49-13, AS AMENDED BY P.L.2-2005, SECTION 93, AND AS AMENDED BY P.L.58-2005, SECTION 35, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) Each judge of the court shall be elected for a term of six (6) years that begins January 1 after the year of the judge's election and continues through December 31 in the sixth year. The judge shall hold office for the six (6) year term or until the judge's successor is elected and qualified. A candidate for judge shall run at large for the office of judge of the court and not as a candidate for judge of a particular room or division of the court.
    (b) Beginning with the primary election held in 1996 2008 and every six (6) years thereafter, a political party may nominate not more than eight (8) nine (9) candidates for judge of the court. Beginning with the primary election held in 2000 2006 and every six (6) years thereafter, a political party may nominate not more than nine (9) ten (10) candidates for judge of the court. The candidates shall be voted on at the general election. Other candidates may qualify under IC 3-8-6 to be voted on at the general election.
    (c) The names of the party candidates nominated and properly certified to the Marion County election board, along with the names of other candidates who have qualified, shall be placed on the ballot at the general election in the form prescribed by IC 3-11-2. IC 3-11. Beginning with the 1996 2008 general election and every six (6) years thereafter, persons eligible to vote at the general election may vote for fifteen (15) seventeen (17) candidates for judge of the court. Beginning with the 2000 2006 general election and every six (6) years thereafter, persons eligible to vote at the general election may vote for seventeen (17) nineteen (19) candidates for judge of the court.
    (d) The candidates for judge of the court receiving the highest number of votes shall be elected to the vacancies. The names of the candidates elected as judges of the court shall be certified to the county election board as provided by law.
SOURCE: IC 33-33-49-32; (06)AM115602.10. -->     SECTION 10. IC 33-33-49-32, AS AMENDED BY P.L.33-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 32. (a) In addition to the magistrate appointed under section 31 of this chapter, the judges of the superior court may, by a vote of a majority of the judges, appoint: four (4)
         (1) six (6) full-time magistrates under IC 33-23-5 until January 1, 2008, not more than three (3) of whom may be from the same political party; and
        (2) eight (8) full-time magistrates under IC 33-23-5 after December 31, 2007, not more than four (4) of whom may be from the same political party.

(b)
Not more than two (2) of the magistrates appointed under this section may be of the same political party.
    (c) (b) The magistrates continue in office until removed by the vote of a majority of the judges of the court.
    (d) (c) A party to a superior court proceeding that has been assigned to a magistrate appointed under this section may request that an elected judge of the superior court preside over the proceeding instead of the magistrate to whom the proceeding has been assigned. A request under this subsection must be in writing and must be filed with the court:
        (1) in a civil case, not later than:
            (A) ten (10) days after the pleadings are closed; or
            (B) thirty (30) days after the case is entered on the chronological case summary, in a case in which the defendant is not required to answer; or
        (2) in a criminal case, not later than ten (10) days after the omnibus date.
Upon a timely request made under this subsection by either party, the magistrate to whom the proceeding has been assigned shall transfer the proceeding back to the superior court judge.
SOURCE: IC 33-37-4-1; (06)AM115602.11. -->     SECTION 11. IC 33-37-4-1, AS AMENDED BY P.L.176-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) For each action that results in a felony conviction under IC 35-50-2 or a misdemeanor conviction under IC 35-50-3, the clerk shall collect from the defendant a criminal costs fee of one hundred twenty twenty- one dollars ($120). ($121).
    (b) In addition to the criminal costs fee collected under this section, the clerk shall collect from the defendant the following fees if they are required under IC 33-37-5:
        (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
        (2) A marijuana eradication program fee (IC 33-37-5-7).
        (3) An alcohol and drug services program user fee

(IC 33-37-5-8(b)).
        (4) A law enforcement continuing education program fee (IC 33-37-5-8(c)).
        (5) A drug abuse, prosecution, interdiction, and correction fee (IC 33-37-5-9).
        (6) An alcohol and drug countermeasures fee (IC 33-37-5-10).
        (7) A child abuse prevention fee (IC 33-37-5-12).
        (8) A domestic violence prevention and treatment fee (IC 33-37-5-13).
        (9) A highway work zone fee (IC 33-37-5-14).
        (10) A deferred prosecution fee (IC 33-37-5-17).
        (11) A document storage fee (IC 33-37-5-20).
        (12) An automated record keeping fee (IC 33-37-5-21).
        (13) A late payment fee (IC 33-37-5-22).
        (14) A sexual assault victims assistance fee (IC 33-37-5-23).
        (15) A public defense administration fee (IC 33-37-5-21.2).
        (16) A judicial insurance adjustment fee (IC 33-37-5-25).
        (17) A judicial salaries fee (IC 33-37-5-26).
        (18) A court administration fee (IC 33-37-5-27).
        (19) A DNA sample processing fee (IC 33-37-5-26.2).
    (c) Instead of the criminal costs fee prescribed by this section, the clerk shall collect a pretrial diversion program fee if an agreement between the prosecuting attorney and the accused person entered into under IC 33-39-1-8 requires payment of those fees by the accused person. The pretrial diversion program fee is:
        (1) an initial user's fee of fifty fifty- one dollars ($50); ($51); and
        (2) a monthly user's fee of ten eleven dollars ($10) ($11) for each month that the person remains in the pretrial diversion program.
    (d) The clerk shall transfer to the county auditor or city or town fiscal officer the following fees, not later than thirty (30) days after the fees are collected:
        (1) The pretrial diversion fee.
        (2) The marijuana eradication program fee.
        (3) The alcohol and drug services program user fee.
        (4) The law enforcement continuing education program fee.
The auditor or fiscal officer shall deposit fees transferred under this subsection in the appropriate user fee fund established under IC 33-37-8.


    (e) Unless otherwise directed by a court, if a clerk collects only part of a criminal costs fee from a defendant under this section, the clerk shall distribute the partial payment of the criminal costs fee as follows:
        (1) The clerk shall apply the partial payment to general court costs.
        (2) If there is money remaining after the partial payment is applied to general court costs under subdivision (1), the clerk shall distribute the remainder of the partial payment for deposit in the appropriate county user fee fund.
        (3) If there is money remaining after distribution under subdivision (2), the clerk shall distribute the remainder of the partial payment for deposit in the state user fee fund.
        (4) If there is money remaining after distribution under subdivision (3), the clerk shall distribute the remainder of the partial payment to any other applicable user fee fund.
        (5) If there is money remaining after distribution under subdivision (4), the clerk shall apply the remainder of the partial payment to any outstanding fines owed by the defendant.
SOURCE: IC 33-37-4-2; (06)AM115602.12. -->     SECTION 12. IC 33-37-4-2, AS AMENDED BY P.L.176-2005, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) Except as provided in subsections (d) and (e), for each action that results in a judgment:
        (1) for a violation constituting an infraction; or
        (2) for a violation of an ordinance of a municipal corporation (as defined in IC 36-1-2-10);
the clerk shall collect from the defendant an infraction or ordinance violation costs fee of seventy seventy-one dollars ($70). ($71).
    (b) In addition to the infraction or ordinance violation costs fee collected under this section, the clerk shall collect from the defendant the following fees, if they are required under IC 33-37-5:
        (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
        (2) An alcohol and drug services program user fee (IC 33-37-5-8(b)).
        (3) A law enforcement continuing education program fee (IC 33-37-5-8(c)).
        (4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
        (5) A highway work zone fee (IC 33-37-5-14).
        (6) A deferred prosecution fee (IC 33-37-5-17).
        (7) A jury fee (IC 33-37-5-19).
        (8) A document storage fee (IC 33-37-5-20).
        (9) An automated record keeping fee (IC 33-37-5-21).
        (10) A late payment fee (IC 33-37-5-22).
        (11) A public defense administration fee (IC 33-37-5-21.2).
        (12) A judicial insurance adjustment fee (IC 33-37-5-25).
        (13) A judicial salaries fee (IC 33-37-5-26).
        (14) A court administration fee (IC 33-37-5-27).
        (15) A DNA sample processing fee (IC 33-37-5-26.2).
    (c) The clerk shall transfer to the county auditor or fiscal officer of the municipal corporation the following fees, not later than thirty (30) days after the fees are collected:
        (1) The alcohol and drug services program user fee (IC 33-37-5-8(b)).
        (2) The law enforcement continuing education program fee (IC 33-37-5-8(c)).
        (3) The deferral program fee (subsection e).
The auditor or fiscal officer shall deposit the fees in the user fee fund established under IC 33-37-8.
    (d) The defendant is not liable for any ordinance violation costs fee in an action if all the following apply:
        (1) The defendant was charged with an ordinance violation subject to IC 33-36.
        (2) The defendant denied the violation under IC 33-36-3.
        (3) Proceedings in court against the defendant were initiated under IC 34-28-5 (or IC 34-4-32 before its repeal).
        (4) The defendant was tried and the court entered judgment for the defendant for the violation.
    (e) Instead of the infraction or ordinance violation costs fee prescribed by subsection (a), the clerk shall collect a deferral program fee if an agreement between a prosecuting attorney or an attorney for a municipal corporation and the person charged with a violation entered into under IC 34-28-5-1 (or IC 34-4-32-1 before its repeal) requires payment of those fees by the person charged with the violation. The deferral program fee is:
        (1) an initial user's fee not to exceed fifty-two fifty-three dollars ($52); ($53); and
        (2) a monthly user's fee not to exceed ten eleven dollars ($10) ($11) for each month the person remains in the deferral program.
    (f) The fees prescribed by this section are costs for purposes of IC 34-28-5-5 and may be collected from a defendant against whom judgment is entered. Any penalty assessed is in addition to costs.
SOURCE: IC 33-37-4-3; (06)AM115602.13. -->     SECTION 13. IC 33-37-4-3, AS AMENDED BY P.L.176-2005, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The clerk shall collect a juvenile costs fee of one hundred twenty twenty-one dollars ($120) ($121) for each action filed under any of the following:
        (1) IC 31-34 (children in need of services).
        (2) IC 31-37 (delinquent children).
        (3) IC 31-14 (paternity).
    (b) In addition to the juvenile costs fee collected under this section, the clerk shall collect the following fees, if they are required under IC 33-37-5:
        (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
        (2) A marijuana eradication program fee (IC 33-37-5-7).
        (3) An alcohol and drug services program user fee (IC 33-37-5-8(b)).
        (4) A law enforcement continuing education program fee (IC 33-37-5-8(c)).
        (5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
        (6) A document storage fee (IC 33-37-5-20).
        (7) An automated record keeping fee (IC 33-37-5-21).
        (8) A late payment fee (IC 33-37-5-22).
        (9) A public defense administration fee (IC 33-37-5-21.2).
        (10) A judicial insurance adjustment fee (IC 33-37-5-25).
        (11) A judicial salaries fee (IC 33-37-5-26).
        (12) A court administration fee (IC 33-37-5-27).
        (13) A DNA sample processing fee (IC 33-37-5-26.2).
    (c) The clerk shall transfer to the county auditor or city or town fiscal officer the following fees not later than thirty (30) days after they are collected:
        (1) The marijuana eradication program fee (IC 33-37-5-7).
        (2) The alcohol and drug services program user fee (IC 33-37-5-8(b)).
        (3) The law enforcement continuing education program fee (IC 33-37-5-8(c)).
The auditor or fiscal officer shall deposit the fees in the appropriate user fee fund established under IC 33-37-8.
SOURCE: IC 33-37-4-4; (06)AM115602.14. -->     SECTION 14. IC 33-37-4-4, AS AMENDED BY P.L.176-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) The clerk shall collect a civil costs fee of one hundred one dollars ($100) ($101) from a party filing a civil action. This subsection does not apply to the following civil actions:
        (1) Proceedings to enforce a statute defining an infraction under IC 34-28-5 (or IC 34-4-32 before its repeal).
        (2) Proceedings to enforce an ordinance under IC 34-28-5 (or IC 34-4-32 before its repeal).
        (3) Proceedings in juvenile court under IC 31-34 or IC 31-37.
        (4) Proceedings in paternity under IC 31-14.
        (5) Proceedings in small claims court under IC 33-34.
        (6) Proceedings in actions described in section 7 of this chapter.
    (b) In addition to the civil costs fee collected under this section, the clerk shall collect the following fees, if they are required under IC 33-37-5:
        (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
        (2) A support and maintenance fee (IC 33-37-5-6).
        (3) A document storage fee (IC 33-37-5-20).
        (4) An automated record keeping fee (IC 33-37-5-21).
        (5) A public defense administration fee (IC 33-37-5-21.2).
        (6) A judicial insurance adjustment fee (IC 33-37-5-25).
        (7) A judicial salaries fee (IC 33-37-5-26).
        (8) A court administration fee (IC 33-37-5-27).
        (9) A service fee (IC 33-37-5-28).
SOURCE: IC 33-37-4-5; (06)AM115602.15. -->     SECTION 15. IC 33-37-4-5, AS AMENDED BY P.L.2-2005, SECTION 104, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) For each small claims action the clerk shall collect from the party filing the action a small claims costs fee of thirty-five thirty-six dollars ($35). ($36). However, a clerk may not collect a small claims costs fee for a small claims action filed by or on behalf of the attorney general.
    (b) In addition to a small claims costs fee collected under this

section, the clerk shall collect the following fees, if they are required under IC 33-37-5:
        (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
        (2) A document storage fee (IC 33-37-5-20).
        (3) An automated record keeping fee (IC 33-37-5-21).
        (4) A judicial administration fee (IC 33-37-5-21.2).
        (5) A judicial insurance adjustment fee (IC 33-37-5-25).
    (c) This section expires July 1, 2005.

SOURCE: IC 33-37-4-6; (06)AM115602.16. -->     SECTION 16. IC 33-37-4-6, AS AMENDED BY P.L.176-2005, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) For each small claims action, the clerk shall collect the following fees:
        (1) From the party filing the action:
            (A) a small claims costs fee of thirty-five thirty-six dollars ($35); ($36); and
            (B) a small claims service fee of ten dollars ($10) for each named defendant.
        (2) From any party adding a defendant, a small claims service fee of ten dollars ($10) for each defendant added in the action.
However, a clerk may not collect a small claims costs fee or small claims service fee for a small claims action filed by or on behalf of the attorney general.
    (b) In addition to a small claims costs fee and small claims service fee collected under this section, the clerk shall collect the following fees, if they are required under IC 33-37-5:
        (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
        (2) A document storage fee (IC 33-37-5-20).
        (3) An automated record keeping fee (IC 33-37-5-21).
        (4) A public defense administration fee (IC 33-37-5-21.2).
        (5) A judicial insurance adjustment fee (IC 33-37-5-25).
        (6) A judicial salaries fee (IC 33-37-5-26).
        (7) A court administration fee (IC 33-37-5-27).
SOURCE: IC 33-37-4-7; (06)AM115602.17. -->     SECTION 17. IC 33-37-4-7, AS AMENDED BY P.L.176-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. (a) Except as provided under subsection (c), the clerk shall collect from the party filing the action a probate costs fee of

one hundred twenty twenty-one dollars ($120) ($121) for each action filed under any of the following:
        (1) IC 6-4.1-5 (determination of inheritance tax).
        (2) IC 29 (probate).
        (3) IC 30 (trusts and fiduciaries).
    (b) In addition to the probate costs fee collected under subsection (a), the clerk shall collect from the party filing the action the following fees, if they are required under IC 33-37-5:
        (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
        (2) A document storage fee (IC 33-37-5-20).
        (3) An automated record keeping fee (IC 33-37-5-21).
        (4) A public defense administration fee (IC 33-37-5-21.2).
        (5) A judicial insurance adjustment fee (IC 33-37-5-25).
        (6) A judicial salaries fee (IC 33-37-5-26).
        (7) A court administration fee (IC 33-37-5-27).
    (c) A clerk may not collect a court costs fee for the filing of the following exempted actions:
        (1) Petition to open a safety deposit box.
        (2) Filing an inheritance tax return, unless proceedings other than the court's approval of the return become necessary.
        (3) Offering a will for probate under IC 29-1-7, unless proceedings other than admitting the will to probate become necessary.".

SOURCE: Page 11, line 36; (06)AM115602.11. -->     Page 11, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: ; (06)AM115602.21. -->     "SECTION 21. [EFFECTIVE UPON PASSAGE] (a) The thirty-third and thirty-fourth judges of the Marion superior court added by IC 33-33-49-6, as amended by this act, shall be elected at the general election on November 7, 2006, for terms beginning January 1, 2007, and ending December 31, 2012. At the primary election held in 2006, a political party may nominate not more than nine (9) candidates for judge of the court. A political party may nominate one (1) additional candidate to be elected judge of the court at the 2006 general election using the candidate vacancy provisions under IC 3-13-1 for a total of not more than ten (10) candidates for judge of the court. Other candidates may qualify under IC 3-8-6 to be voted on at the general election. The candidates shall be voted on at the general election. At the 2006

general election, persons eligible to vote at the general election may vote for nineteen (19) candidates for judge of the court.
    (b) The thirty-fifth and thirty-sixth judges of the Marion superior court added by IC 33-33-49-6, as amended by this act, shall be elected at the general election on November 4, 2008, for terms beginning January 1, 2009, and ending December 31, 2014. At the primary election held in 2008, a political party may nominate not more than nine (9) candidates for judge of the court. Other candidates may qualify under IC 3-8-6 to be voted on at the general election. The candidates shall be voted on at the general election. At the 2008 general election, persons eligible to vote at the general election may vote for seventeen (17) candidates for judge of the court.
    (c) This act may not be construed to affect the term of any judge serving on the Marion superior court on the effective date of this act.
    (d) This SECTION expires January 2, 2015.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1156 as printed January 18, 2006.)

and when so amended that said bill do pass.

__________________________________

Representative Espich


AM115602/DI 92    2006