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.
__________________________________
CR004401/DI 107 2007