Introduced Version






HOUSE BILL No. 1692

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-38-4-7.

Synopsis: Reimbursement of expenses for new criminal trials. Requires the state to reimburse a trial court, prosecuting attorney, and public defender for certain expenses that would ordinarily be incurred by a county in conducting a new trial if: (1) a defendant appeals the defendant's criminal conviction to the Indiana court of appeals or Indiana supreme court; and (2) the court of appeals or supreme court remands the case to the trial court for a new trial.

Effective: July 1, 2007.





Cochran, Kuzman




    January 26, 2007, read first time and referred to Committee on Judiciary.







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.
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HOUSE BILL No. 1692



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

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

SOURCE: IC 35-38-4-7; (07)IN1692.1.1. -->     SECTION 1. IC 35-38-4-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. (a) This section applies to state reimbursement of expenses for conducting a new trial if:
        (1) a defendant is convicted of an offense in a criminal proceeding conducted in a trial court;
        (2) the defendant appeals the defendant's conviction to the Indiana court of appeals or Indiana supreme court; and
        (3) the court of appeals or supreme court remands the case to the trial court for a new trial.
    (b) The state shall reimburse the trial court, the prosecuting attorney, and, if the defendant is represented by a public defender, the public defender for expenses:
        (1) incurred by the trial court, prosecuting attorney, and public defender in conducting a new trial described in subsection (a); and
        (2) that would ordinarily be paid by the county in which the

trial court is located.
    (c) The expenses of a trial court, prosecuting attorney, and public defender reimbursed under this section:
        (1) may not include any salary or other remuneration paid to a trial court judge, prosecuting attorney, deputy prosecuting attorney, or public defender; and
        (2) must be paid from money in the state general fund.