SB 44-1_ Filed 04/03/2007, 16:21
Adopted 4/5/2007


Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

10

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Judiciary     , to which was referred       Senate Bill 44     , 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 1, line 1; (07)CR004401.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 5-8-2-2; (07)CR004401.1. -->     "SECTION 1. IC 5-8-2-2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. Any person holding any office under the Constitution of the State of Indiana or Indiana law who:
        (1) is delinquent in the payment of at least fifteen thousand dollars ($15,000) in child support; and
        (2) has been subject to a judgment under IC 31-16-16 for delinquent child support payments for more than sixty (60) days;
forfeits office and shall be removed from office under IC 34-17.
".
SOURCE: Page 1, line 2; (07)CR004401.1. -->     Page 1, line 2, delete "JULY 1, 2007]:" and insert "UPON PASSAGE]:".
    Page 2, line 19, delete "JULY 1, 2007]:" and insert "UPON PASSAGE]:".
    Page 2, line 30, delete "JULY 1, 2007]:" and insert "UPON PASSAGE]:".
    Page 3, line 8, delete "JULY 1, 2007]:" and insert "UPON PASSAGE]:".
    Page 4, line 14, delete "JULY 1, 2007]:" and insert "UPON PASSAGE]:".
    Page 4, line 17, delete "related" and insert " relating".
    Page 4, line 24, delete "JULY 1, 2007]:" and insert "UPON PASSAGE]:".
    Page 5, line 33, delete "JULY 1, 2007]:" and insert "UPON PASSAGE]:".
    Page 8, between lines 34 and 35, begin a new paragraph and insert:
SOURCE: IC 35-40-4-4.5; (07)CR004401.8. -->     "SECTION 8. IC 35-40-4-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4.5. "Employee" means a victim employed by an employer.
SOURCE: IC 35-40-4-4.6; (07)CR004401.9. -->     SECTION 9. IC 35-40-4-4.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4.6. "Employer" means a person who:
        (1) employs or will employ at least fifty (50) persons for each working day in each of twenty (20) or more calendar weeks in the current calendar year; or
        (2) employed at least fifty (50) persons for each working day in each of twenty (20) or more calendar weeks in the previous calendar year.
The term includes a person who acts directly or indirectly in the interest of an employer in relation to an employee.

SOURCE: IC 35-40-5-10; (07)CR004401.10. -->     SECTION 10. IC 35-40-5-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. (a) Subject to subsections (b), (c), and (f), an employee has the right to leave work to:
        (1) be present at a proceeding in accordance with:
            (A) sections 5 through 7 of this chapter, in order to exercise the rights of a victim; and
            (B) IC 35-40-11-1, in order to exercise the employee's rights as a victim to be present and to be heard at court proceedings;
        (2) file a petition for an order for protection under

IC 34-26-5-2;
        (3) attend a hearing on a petition upon notification from a court under IC 34-26-5-10(a); and
        (4) confer with a representative of the prosecuting attorney's office in accordance with section 3 of this chapter.
    (b) An employer:
        (1) may not:
            (A) dismiss an employee; or
            (B) reduce or restrict the:
                (i) seniority;
                (ii) precedence;
                (iii) eligibility for a promotion;
                (iv) eligibility for a salary increase; or
                (v) eligibility for any other work related benefit;
        of an employee who exercises the employee's rights under this section;
        (2) may require an employee to use the employee's accrued vacation time, personal time, sick time, or compensatory leave time during the period the employee is absent from work while exercising the employee's rights under this section; and
        (3) is not required to compensate an employee for any work time lost due to the employee's exercise of the employee's rights under this section.
    (c) An employee may not exercise the employee's rights under this section unless the employee provides the employer with a copy of:
        (1) the notice of victim's rights provided to the employee under IC 35-40-6-4; and
        (2) any notice of scheduled proceedings that has been provided to the employee.
    (d) Records maintained by an employer concerning an employee's exercise of the employee's rights under this section are confidential.
    (e) An employer may not refuse to employ a person because the person has exercised the person's rights under this section.
    (f) An employer may restrict the amount of time an employee is absent under this section if the employee's absence would create significant difficulty or cause significant expense to the employer

in light of the size of the employer's business and the importance of the employee to the operation of the employer's business.

SOURCE: IC 35-40-6-4; (07)CR004401.11. -->     SECTION 11. IC 35-40-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. A prosecuting attorney or a victim assistance program shall do the following:
        (1) Inform a victim that the victim may be present at all public stages of the criminal justice process to the extent that:
            (A) the victim's presence and statements do not interfere with a defendant's constitutional rights; and
            (B) there has not been a court order restricting, limiting, or prohibiting attendance at the criminal proceedings.
        (2) Timely notify a victim of all criminal justice hearings and proceedings that are scheduled for a criminal matter in which the victim was involved.
        (3) Promptly notify a victim when a criminal court proceeding has been rescheduled or canceled.
        (4) Obtain an interpreter or translator, if necessary, to advise a victim of the rights granted to a victim under the law.
        (5) Coordinate efforts of local law enforcement agencies that are designed to promptly inform a victim after an offense occurs of the availability of, and the application process for, community services for victims and the families of victims, including information concerning services such as the following:
            (A) Victim compensation funds.
            (B) Victim assistance resources.
            (C) Legal resources.
            (D) Mental health services.
            (E) Social services.
            (F) Health resources.
            (G) Rehabilitative services.
            (H) Financial assistance services.
            (I) Crisis intervention services.
            (J) Transportation and child care services to promote the participation of a victim or a member of the victim's immediate family in the criminal proceedings.
        (6) Inform the victim that the court may order a defendant convicted of the offense involving the victim to pay restitution to the victim under IC 35-50-5-3.
        (7) Upon request of the victim, inform the victim of the terms and conditions of release of the person accused of committing a crime against the victim.
        (8) Upon request of the victim, give the victim notice of the criminal offense for which:
            (A) the defendant accused of committing the offense against the victim was convicted or acquitted; or
            (B) the charges were dismissed against the defendant accused of committing the offense against the victim.
        (9) In a county having a victim-offender reconciliation program (VORP), provide an opportunity for a victim, if the accused person or the offender agrees, to:
            (A) meet with the accused person or the offender in a safe, controlled environment;
            (B) give to the accused person or the offender, either orally or in writing, a summary of the financial, emotional, and physical effects of the offense on the victim and the victim's family; and
            (C) negotiate a restitution agreement to be submitted to the sentencing court for damages incurred by the victim as a result of the offense.
        (10) Assist a victim in preparing verified documentation necessary to obtain a restitution order under IC 35-50-5-3.
        (11) Advise a victim of other rights granted to a victim under the law, including the rights of an employee under IC 35-40-5-10.".
SOURCE: Page 8, line 37; (07)CR004401.8. -->     Page 8, line 37, delete "JULY 1, 2007]:" and insert "UPON PASSAGE]:".
    Page 9, line 7, delete "JULY 1, 2007]:" and insert "UPON PASSAGE]:".

    Page 9, after line 24, begin a new paragraph and insert:
SOURCE: ; (07)CR004401.14. -->     "SECTION 14. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 44 as printed January 19, 2007.)

and when so amended that said bill do pass.

__________________________________

Representative Lawson L


CR004401/DI 107    2007