Introduced Version






SENATE BILL No. 499

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 11-8-8-21; IC 36-2-13-5.6.

Synopsis: Sex offender fees. Permits a county to adopt: (1) an annual sex offender registration fee that does not exceed $50; and (2) a sex offender address change fee that does not exceed $5. Provides that 90% of each fee is deposited in the county sex offender administration fund, and 10% of each fee is transferred to the state for deposit in the state sex offender administration fund. Specifies that the funds are to be used for expenses related to the operation of the Indiana sex offender registry.

Effective: July 1, 2007.





Heinold, Steele




    January 18, 2007, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

First Regular Session 115th General Assembly (2007)


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 2006 Regular Session of the General Assembly.

SENATE BILL No. 499



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure and to make an appropriation.

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

SOURCE: IC 11-8-8-21; (07)IN0499.1.1. -->     SECTION 1. IC 11-8-8-21 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 21. (a) The state sex offender administration fund is established to assist the department in carrying out its duties under IC 11-8-2-12.4 concerning the Indiana sex offender registry. The fund shall be administered by the department.
    (b) The expenses of administering the fund shall be paid from money in the fund.
    (c) The fund consists of grants, donations, appropriations, and money from the annual sex offender registration fee (IC 36-2-13-5.6(a)(1)(A)) and the sex offender address change fee (IC 36-2-13-5.6(a)(1)(B)).
    (d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
    (e) Money in the fund is continually appropriated to carry out the purposes of the fund.

SOURCE: IC 36-2-13-5.6; (07)IN0499.1.2. -->     SECTION 2. IC 36-2-13-5.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5.6. (a) The legislative body of a county may adopt an ordinance:
        (1) requiring the local law enforcement authority (as defined in IC 11-8-8-2) to collect:
            (A) an annual sex offender registration fee; and
            (B) a sex offender address change fee; and
        (2) establishing a county sex offender administration fund to fund the administration of the sex offender registration system.
    (b) If an ordinance is adopted under subsection (a), the legislative body of the county
shall establish the amount of the annual sex offender registration fee. However, the annual sex offender registration fee may not exceed fifty dollars ($50).
    (c) If an ordinance is adopted under subsection (a), the legislative body of the county shall establish the amount of the sex offender address change fee. However, a sex offender address change fee may not exceed five dollars ($5) per address change.
    (d) The legislative body of the county shall determine the manner in which the local law enforcement authority shall collect the annual sex offender registration fee and the sex offender address change fee. However, the annual sex offender registration fee may be collected only one (1) time per year. The sex offender address change fee may be collected each time a sex offender registers an address change with the local law enforcement authority.
    (e) The local law enforcement authority shall transfer fees collected under this section to the county auditor of the county in which the local law enforcement authority exercises jurisdiction.
    (f) The county auditor shall monthly:
        (1) deposit ninety percent (90%) of the fees collected under this section in the county sex offender administration fund established under subsection (a); and
        (2) transfer ten percent (10%) of the fees collected under this section to the treasurer of state for deposit in the state sex offender administration fund under IC 11-8-8-21.

     (g) A county fiscal body may appropriate money from the county sex offender administration fund to an agency or organization involved in the administration of the sex offender registry to defray the expense of administering or ensuring compliance with the laws concerning the Indiana sex offender

registry.