SB 45-5_ Filed 04/09/2007, 08:53 Walorski
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Engrossed Senate Bill 45 be amended to read as follows:
SOURCE: Page 4, line 19; (07)MO004507.4. -->
Page 4, between lines 19 and 20, begin a new paragraph and insert:
SOURCE: IC 31-30-1-4; (07)MO004507.4. -->
"SECTION 4. IC 31-30-1-4, AS AMENDED BY P.L.151-2006,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 4. (a) The juvenile court does not have jurisdiction
over an individual for an alleged violation of:
(1) IC 35-42-1-1 (murder);
(2) IC 35-42-3-2 (kidnapping);
(3) IC 35-42-4-1 (rape);
(4) IC 35-42-4-2 (criminal deviate conduct);
(5) IC 35-42-5-1 (robbery) if:
(A) the robbery was committed while armed with a deadly
weapon; or
(B) the robbery results in bodily injury or serious bodily
injury;
(6) IC 35-42-5-2 (carjacking);
(7) IC 35-45-9-3 (criminal gang activity);
(8) IC 35-45-9-4 (criminal gang intimidation);
(9) IC 35-47-2-1 (carrying a handgun without a license);
(10) IC 35-47-10 (children and firearms);
(11) IC 35-47-5-4.1 (dealing in a sawed-off shotgun); or
(12) any offense that may be joined under IC 35-34-1-9(a)(2) with
any crime listed in subdivisions (1) through (11);
if the individual was at least sixteen (16) years of age at the time of the
alleged violation.
(b) The juvenile court does not have jurisdiction for an alleged
violation of manufacturing or dealing in cocaine or a narcotic drug (IC
35-48-4-1), dealing in methamphetamine (IC 35-48-4-1.1), dealing in
a schedule I, II, or III controlled substance (IC 35-48-4-2), or dealing
in a schedule IV controlled substance (IC 35-48-4-3), if:
(1) the individual has a prior unrelated conviction under
IC 35-48-4-1, IC 35-48-4-1.1, IC 35-48-4-2, or IC 35-48-4-3; or
(2) the individual has a prior unrelated juvenile adjudication that,
if committed by an adult, would be a crime under IC 35-48-4-1,
IC 35-48-4-1.1, IC 35-48-4-2, or IC 35-48-4-3;
and the individual was at least sixteen (16) years of age at the time of
the alleged violation.
(c) The juvenile court does not have jurisdiction over an
individual who is alleged to have committed murder (IC 35-42-1-1)
if the individual is alleged to have committed the murder of a law
enforcement officer under the circumstances described in
IC 35-50-2-9.5(a).
(c) (d) Once an individual described in subsection (a), or (b), or (c)
has been charged with any crime listed in subsection (a), or (b), or (c),
the court having adult criminal jurisdiction shall retain jurisdiction over
the case even if the individual pleads guilty to or is convicted of a
lesser included offense. A plea of guilty to or a conviction of a lesser
included offense does not vest jurisdiction in the juvenile court.
SOURCE: IC 33-40-5-4; (07)MO004507.5. -->
SECTION 5. IC 33-40-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. The commission
shall do the following:
(1) Make recommendations to the supreme court concerning
standards for indigent defense services provided for defendants
against whom the state has sought the death sentence under
IC 35-50-2-9
and IC 35-50-2-9.5, including the following:
(A) Determining indigency and eligibility for legal
representation.
(B) Selection and qualifications of attorneys to represent
indigent defendants at public expense.
(C) Determining conflicts of interest.
(D) Investigative, clerical, and other support services
necessary to provide adequate legal representation.
(2) Adopt guidelines and standards for indigent defense services
under which the counties will be eligible for reimbursement under
IC 33-40-6, including the following:
(A) Determining indigency and the eligibility for legal
representation.
(B) The issuance and enforcement of orders requiring the
defendant to pay for the costs of court appointed legal
representation under IC 33-40-3.
(C) The use and expenditure of funds in the county
supplemental public defender services fund established under
IC 33-40-3-1.
(D) Qualifications of attorneys to represent indigent
defendants at public expense.
(E) Compensation rates for salaried, contractual, and assigned
counsel.
(F) Minimum and maximum caseloads of public defender
offices and contract attorneys.
(3) Make recommendations concerning the delivery of indigent
defense services in Indiana.
(4) Make an annual report to the governor, the general assembly,
and the supreme court on the operation of the public defense fund.
The report to the general assembly under subdivision (4) must be in an
electronic format under IC 5-14-6.
SOURCE: IC 33-40-6-4; (07)MO004507.6. -->
SECTION 6. IC 33-40-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) A county auditor
may submit on a quarterly basis a certified request to the public
defender commission for reimbursement from the public defense fund
for an amount equal to fifty percent (50%) one hundred percent
(100%) of the county's expenditures for indigent defense services
provided to a defendant against whom the death sentence is sought
under IC 35-50-2-9 or IC 35-50-2-9.5.
(b) A county auditor may submit on a quarterly basis a certified
request to the public defender commission for reimbursement from the
public defense fund for an amount equal to forty percent (40%) of the
county's expenditures for indigent defense services provided in all
noncapital cases except misdemeanors.
(c) A request under this section from a county described in
IC 33-40-7-1(3) may be limited to expenditures for indigent defense
services provided by a particular division of a court.
SOURCE: IC 33-40-6-5; (07)MO004507.7. -->
SECTION 7. IC 33-40-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) Except as
provided under section 6 of this chapter, upon certification by a county
auditor and a determination by the public defender commission that the
request is in compliance with the guidelines and standards set by the
commission, the commission shall quarterly authorize an amount of
reimbursement due the county:
(1) that is equal to
fifty percent (50%) one hundred percent
(100%) of the county's certified expenditures for indigent defense
services provided for a defendant against whom the death
sentence is sought under IC 35-50-2-9
or IC 35-50-2-9.5; and
(2) that is equal to forty percent (40%) of the county's certified
expenditures for defense services provided in noncapital cases
except misdemeanors.
The division of state court administration shall then certify to the
auditor of state the amount of reimbursement owed to a county under
this chapter.
(b) Upon receiving certification from the division of state court
administration, the auditor of state shall issue a warrant to the treasurer
of state for disbursement to the county of the amount certified.".
SOURCE: Page 5, line 30; (07)MO004507.5. -->
Page 5, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 35-36-9-1; (07)MO004507.9. -->
SECTION 9. IC 35-36-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. This chapter applies
when a defendant is charged with a murder for which the state seeks a
death sentence under IC 35-50-2-9 or IC 35-50-2-9.5.
SOURCE: IC 35-36-9-6; (07)MO004507.10. -->
SECTION 10. IC 35-36-9-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. If the court
determines that the defendant is a mentally retarded individual under
section 5 of this chapter, the part of the state's charging instrument filed
under IC 35-50-2-9(a) IC 35-50-2-9 or IC 35-50-2-9.5 that seeks a
death sentence against the defendant shall be dismissed.".
SOURCE: Page 10, line 21; (07)MO004507.10. -->
Page 10, between lines 21 and 22, begin a new paragraph and insert:
SOURCE: IC 35-50-2-9; (07)MO004507.17. -->
SECTION 17. IC 35-50-2-9, AS AMENDED BY P.L.1-2006,
SECTION 550, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 9. (a)
Except as provided in
subsection (m), this section does not apply to a defendant described
in section 9.5 of this chapter. The state may seek either a death
sentence or a sentence of life imprisonment without parole for murder
by alleging, on a page separate from the rest of the charging instrument,
the existence of at least one (1) of the aggravating circumstances listed
in subsection (b). In the sentencing hearing after a person is convicted
of murder, the state must prove beyond a reasonable doubt the
existence of at least one (1) of the aggravating circumstances alleged.
However, the state may not proceed against a defendant under this
section if a court determines at a pretrial hearing under IC 35-36-9 that
the defendant is a mentally retarded individual.
(b) The aggravating circumstances are as follows:
(1) The defendant committed the murder by intentionally killing
the victim while committing or attempting to commit any of the
following:
(A) Arson (IC 35-43-1-1).
(B) Burglary (IC 35-43-2-1).
(C) Child molesting (IC 35-42-4-3).
(D) Criminal deviate conduct (IC 35-42-4-2).
(E) Kidnapping (IC 35-42-3-2).
(F) Rape (IC 35-42-4-1).
(G) Robbery (IC 35-42-5-1).
(H) Carjacking (IC 35-42-5-2).
(I) Criminal gang activity (IC 35-45-9-3).
(J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
(2) The defendant committed the murder by the unlawful
detonation of an explosive with intent to injure
a person or
damage property.
(3) The defendant committed the murder by lying in wait.
(4) The defendant who committed the murder was hired to kill.
(5) The defendant committed the murder by hiring another person
to kill.
(6) The victim of the murder was a corrections employee,
probation officer, parole officer, community corrections worker,
home detention officer, fireman, or judge or law enforcement
officer and either:
(A) the victim was acting in the course of duty; or
(B) the murder was motivated by an act the victim performed
while acting in the course of duty.
(7) The defendant has been convicted of another murder.
(8) The defendant has committed another murder, at any time,
regardless of whether the defendant has been convicted of that
other murder.
(9) The defendant was:
(A) under the custody of the department of correction;
(B) under the custody of a county sheriff;
(C) on probation after receiving a sentence for the commission
of a felony; or
(D) on parole;
at the time the murder was committed.
(10) The defendant dismembered the victim.
(11) The defendant burned, mutilated, or tortured the victim while
the victim was alive.
(12) The victim of the murder was less than twelve (12) years of
age.
(13) The victim was a victim of any of the following offenses for
which the defendant was convicted:
(A) Battery as a Class D felony or as a Class C felony under
IC 35-42-2-1.
(B) Kidnapping (IC 35-42-3-2).
(C) Criminal confinement (IC 35-42-3-3).
(D) A sex crime under IC 35-42-4.
(14) The victim of the murder was listed by the state or known by
the defendant to be a witness against the defendant and the
defendant committed the murder with the intent to prevent the
person from testifying.
(15) The defendant committed the murder by intentionally
discharging a firearm (as defined in IC 35-47-1-5):
(A) into an inhabited dwelling; or
(B) from a vehicle.
(16) The victim of the murder was pregnant and the murder
resulted in the intentional killing of a fetus that has attained
viability (as defined in IC 16-18-2-365).
(c) The mitigating circumstances that may be considered under this
section are as follows:
(1) The defendant has no significant history of prior criminal
conduct.
(2) The defendant was under the influence of extreme mental or
emotional disturbance when the murder was committed.
(3) The victim was a participant in or consented to the defendant's
conduct.
(4) The defendant was an accomplice in a murder committed by
another person, and the defendant's participation was relatively
minor.
(5) The defendant acted under the substantial domination of
another person.
(6) The defendant's capacity to appreciate the criminality of the
defendant's conduct or to conform that conduct to the
requirements of law was substantially impaired as a result of
mental disease or defect or of intoxication.
(7) The defendant was less than eighteen (18) years of age at the
time the murder was committed.
(8) Any other circumstances appropriate for consideration.
(d) If the defendant was convicted of murder in a jury trial, the jury
shall reconvene for the sentencing hearing. If the trial was to the court,
or the judgment was entered on a guilty plea, the court alone shall
conduct the sentencing hearing. The jury or the court may consider all
the evidence introduced at the trial stage of the proceedings, together
with new evidence presented at the sentencing hearing. The court shall
instruct the jury concerning the statutory penalties for murder and any
other offenses for which the defendant was convicted, the potential for
consecutive or concurrent sentencing, and the availability of good time
credit and clemency. The court shall instruct the jury that, in order for
the jury to recommend to the court that the death penalty or life
imprisonment without parole should be imposed, the jury must find at
least one (1) aggravating circumstance beyond a reasonable doubt as
described in subsection (l) and shall provide a special verdict form for
each aggravating circumstance alleged. The defendant may present any
additional evidence relevant to:
(1) the aggravating circumstances alleged; or
(2) any of the mitigating circumstances listed in subsection (c).
(e) For a defendant sentenced after June 30, 2002, except as
provided by IC 35-36-9, if the hearing is by jury, the jury shall
recommend to the court whether the death penalty or life imprisonment
without parole, or neither, should be imposed. The jury may
recommend:
(1) the death penalty; or
(2) life imprisonment without parole;
only if it makes the findings described in subsection (l). If the jury
reaches a sentencing recommendation, the court shall sentence the
defendant accordingly. After a court pronounces sentence, a
representative of the victim's family and friends may present a
statement regarding the impact of the crime on family and friends. The
impact statement may be submitted in writing or given orally by the
representative. The statement shall be given in the presence of the
defendant.
(f) If a jury is unable to agree on a sentence recommendation after
reasonable deliberations, the court shall discharge the jury and proceed
as if the hearing had been to the court alone.
(g) If the hearing is to the court alone, except as provided by
IC 35-36-9, the court shall:
(1) sentence the defendant to death; or
(2) impose a term of life imprisonment without parole;
only if it makes the findings described in subsection (l).
(h) If a court sentences a defendant to death, the court shall order
the defendant's execution to be carried out not later than one (1) year
and one (1) day after the date the defendant was convicted. The
supreme court has exclusive jurisdiction to stay the execution of a
death sentence. If the supreme court stays the execution of a death
sentence, the supreme court shall order a new date for the defendant's
execution.
(i) If a person sentenced to death by a court files a petition for
postconviction relief, the court, not later than ninety (90) days after the
date the petition is filed, shall set a date to hold a hearing to consider
the petition. If a court does not, within the ninety (90) day period, set
the date to hold the hearing to consider the petition, the court's failure
to set the hearing date is not a basis for additional postconviction relief.
The attorney general shall answer the petition for postconviction relief
on behalf of the state. At the request of the attorney general, a
prosecuting attorney shall assist the attorney general. The court shall
enter written findings of fact and conclusions of law concerning the
petition not later than ninety (90) days after the date the hearing
concludes. However, if the court determines that the petition is without
merit, the court may dismiss the petition within ninety (90) days
without conducting a hearing under this subsection.
(j) A death sentence is subject to automatic review by the supreme
court. The review, which shall be heard under rules adopted by the
supreme court, shall be given priority over all other cases. The supreme
court's review must take into consideration all claims that the:
(1) conviction or sentence was in violation of the:
(A) Constitution of the State of Indiana; or
(B) Constitution of the United States;
(2) sentencing court was without jurisdiction to impose a
sentence; and
(3) sentence:
(A) exceeds the maximum sentence authorized by law; or
(B) is otherwise erroneous.
If the supreme court cannot complete its review by the date set by the
sentencing court for the defendant's execution under subsection (h), the
supreme court shall stay the execution of the death sentence and set a
new date to carry out the defendant's execution.
(k) A person who has been sentenced to death and who has
completed state postconviction review proceedings may file a written
petition with the supreme court seeking to present new evidence
challenging the person's guilt or the appropriateness of the death
sentence if the person serves notice on the attorney general. The
supreme court shall determine, with or without a hearing, whether the
person has presented previously undiscovered evidence that
undermines confidence in the conviction or the death sentence. If
necessary, the supreme court may remand the case to the trial court for
an evidentiary hearing to consider the new evidence and its effect on
the person's conviction and death sentence. The supreme court may not
make a determination in the person's favor nor make a decision to
remand the case to the trial court for an evidentiary hearing without
first providing the attorney general with an opportunity to be heard on
the matter.
(l) Before a sentence may be imposed under this section, the jury,
in a proceeding under subsection (e), or the court, in a proceeding
under subsection (g), must find that:
(1) the state has proved beyond a reasonable doubt that at least
one (1) of the aggravating circumstances listed in subsection (b)
exists; and
(2) any mitigating circumstances that exist are outweighed by the
aggravating circumstance or circumstances.
(m) The state may proceed against a defendant who is alleged to
have committed murder and at least one (1) aggravating
circumstance described in section 9.5(a) of this chapter and in
subsection (b). If the state proceeds against a defendant who is
alleged to have committed murder and at least one (1) aggravating
circumstance described in section 9.5(a) of this chapter and in
subsection (b), the procedures described in:
(1) this section apply to the proceedings concerning the
aggravating circumstances described in subsection (b); and
(2) section 9.5 of this chapter apply to the proceedings
concerning the aggravating circumstances described in
subsection (b).
Procedures described in this section and section 9.5 of this chapter
shall be combined if they are not inconsistent with each other.
SOURCE: IC 35-50-2-9.5; (07)MO004507.18. -->
SECTION 18. IC 35-50-2-9.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]:
Sec. 9.5. (a) If the prosecuting
attorney has reason to believe that the defendant committed
murder and the victim was a law enforcement officer:
(1) acting in the line of duty (including an off duty officer who
identified himself or herself as a law enforcement officer); or
(2) whose murder was motivated by an act the law
enforcement officer performed while acting in the course of
duty;
the state shall seek either a death sentence or a sentence of life
imprisonment without parole for murder by alleging the existence
of one (1) or both of these aggravating circumstances on a page
separate from the rest of the charging instrument. However, the
state may not proceed against a defendant under this section if a
court determines at a pretrial hearing under IC 35-36-9 that the
defendant is a mentally retarded individual.
(b) If the defendant was convicted of murder in a jury trial, the
jury shall reconvene for the sentencing hearing. If the trial was to
the court, or the judgment was entered on a guilty plea, the court
alone shall conduct the sentencing hearing. The jury or the court
may consider all the evidence introduced at the trial stage of the
proceedings, together with new evidence presented at the
sentencing hearing. The court shall instruct the jury concerning the
statutory penalties for murder and any other offenses for which the
defendant was convicted, the potential for consecutive or
concurrent sentencing, and the availability of good time credit and
clemency. The court shall instruct the jury that, in order for the
jury to recommend to the court that the death penalty or life
imprisonment without parole should be imposed, the jury must
find beyond a reasonable doubt the existence of at least one (1) of
the aggravating circumstances described in subsection (a), and
shall provide a special verdict form for these aggravating
circumstances. The defendant may present any additional evidence
relevant to:
(1) the aggravating circumstances alleged; or
(2) any of the mitigating circumstances listed in subsection (c).
(c) The mitigating circumstances that may be considered under
this section are as follows:
(1) The defendant has no significant history of prior criminal
conduct.
(2) The defendant was under the influence of extreme mental
or emotional disturbance when the murder was committed.
(3) The victim was a participant in or consented to the
defendant's conduct.
(4) The defendant was an accomplice in a murder committed
by another person, and the defendant's participation was
relatively minor.
(5) The defendant acted under the substantial domination of
another person.
(6) The defendant's capacity to appreciate the criminality of
the defendant's conduct or to conform that conduct to the
requirements of law was substantially impaired as a result of
mental disease or defect or of intoxication.
(7) The defendant was less than eighteen (18) years of age at
the time the murder was committed.
(8) Any other circumstances appropriate for consideration.
(d) Except as provided by IC 35-36-9, if the hearing is by jury,
the jury shall recommend to the court whether the death penalty
or life imprisonment without parole should be imposed. The jury
may recommend:
(1) the death penalty; or
(2) life imprisonment without parole;
only if it makes the findings described in subsection (k). If the jury
makes the findings described in subsection (k), the jury may not
recommend that the defendant be sentenced to a term of years. If
the state seeks a sentence of life imprisonment without parole and
does not seek the death penalty, the jury shall recommend a
sentence of life imprisonment without parole if it makes the
findings described in subsection (k). If the jury reaches a
sentencing recommendation, the court shall sentence the defendant
accordingly. After a court pronounces sentence, a representative
of the victim's family and friends may present a statement
regarding the impact of the crime on family and friends. The
impact statement may be submitted in writing or given orally by
the representative. The statement shall be given in the presence of
the defendant.
(e) If a jury is unable to agree on a sentence recommendation
after reasonable deliberations, the court shall discharge the jury
and proceed as if the hearing had been to the court alone.
(f) If the hearing is to the court alone, except as provided by
IC 35-36-9, the court shall:
(1) sentence the defendant to death; or
(2) impose a term of life imprisonment without parole;
if it makes the findings described in subsection (k). If the court
makes the findings described in subsection (k), the court may not
sentence the defendant to a term of years. If the state seeks a
sentence of life imprisonment without parole and does not seek the
death penalty, the court shall impose a sentence of life
imprisonment without parole if it makes the findings described in
subsection (k).
(g) If a court sentences a defendant to death, the court shall
order the defendant's execution to be carried out not later than one
(1) year and one (1) day after the date the defendant was convicted.
The supreme court has exclusive jurisdiction to stay the execution
of a death sentence. If the supreme court stays the execution of a
death sentence, the supreme court shall order a new date for the
defendant's execution.
(h) If a person sentenced to death by a court files a petition for
postconviction relief, the court, not later than ninety (90) days after
the date the petition is filed, shall set a date to hold a hearing to
consider the petition. If a court does not, within the ninety (90) day
period, set the date to hold the hearing to consider the petition, the
court's failure to set the hearing date is not a basis for additional
postconviction relief. The attorney general shall answer the
petition for postconviction relief on behalf of the state. At the
request of the attorney general, a prosecuting attorney shall assist
the attorney general. The court shall enter written findings of fact
and conclusions of law concerning the petition not later than ninety
(90) days after the date the hearing concludes. However, if the
court determines that the petition is without merit, the court may
dismiss the petition within ninety (90) days without conducting a
hearing under this subsection.
(i) A death sentence is subject to automatic review by the
supreme court. The review, which shall be heard under rules
adopted by the supreme court, shall be given priority over all other
cases. The supreme court's review must take into consideration all
claims that the:
(1) conviction or sentence was in violation of the:
(A) Constitution of the State of Indiana; or
(B) Constitution of the United States;
(2) sentencing court was without jurisdiction to impose a
sentence; and
(3) sentence:
(A) exceeds the maximum sentence authorized by law; or
(B) is otherwise erroneous.
If the supreme court cannot complete its review by the date set by
the sentencing court for the defendant's execution under subsection
(g), the supreme court shall stay the execution of the death sentence
and set a new date to carry out the defendant's execution.
(j) A person who has been sentenced to death and who has
completed state postconviction review proceedings may file a
written petition with the supreme court seeking to present new
evidence challenging the person's guilt or the appropriateness of
the death sentence if the person serves notice on the attorney
general. The supreme court shall determine, with or without a
hearing, whether the person has presented previously undiscovered
evidence that undermines confidence in the conviction or the death
sentence. If necessary, the supreme court may remand the case to
the trial court for an evidentiary hearing to consider the new
evidence and its effect on the person's conviction and death
sentence. The supreme court may not make a determination in the
person's favor nor make a decision to remand the case to the trial
court for an evidentiary hearing without first providing the
attorney general with an opportunity to be heard on the matter.
(k) Before a sentence may be imposed under this section, the
jury, in a proceeding under subsection (d), or the court, in a
proceeding under subsection (f), must find that the state has
proved beyond a reasonable doubt that at least one (1) of the
aggravating circumstances listed in subsection (a) exists.
(l) The state may proceed against a defendant who is alleged to
have committed murder and at least one (1) aggravating
circumstance described in subsection (a) and in section 9(b) of this
chapter. If the state proceeds against a defendant who is alleged to
have committed murder and at least one (1) aggravating
circumstance described in subsection (a) and in section 9(b) of this
chapter, the procedures described in:
(1) this section apply to the proceedings concerning the
aggravating circumstances described in subsection (a); and
(2) section 9 of this chapter apply to the proceedings
concerning the aggravating circumstances described in
section 9(b) of this chapter.
Procedures described in this section and section 9 of this chapter
shall be combined if they are not inconsistent with each other.
SOURCE: ; (07)MO004507.19. -->
SECTION 19. [EFFECTIVE JULY 1, 2007]
(a) IC 33-40-6-5, as
amended by this act, applies only to indigent defense services
provided after June 30, 2007.
(b) IC 35-50-2-9, as amended by this act, and IC 35-50-2-9.5, as
added by this act, apply only to crimes committed after June 30,
2007.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 45 as printed April 6, 2007.)
________________________________________
MO004507/DI 52 2007