HOUSE BILL No. 1692
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.
January 26, 2007, read first time and referred to Committee on Judiciary.
First Regular Session 115th General Assembly (2007)
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between statutes enacted by the 2006 Regular Session of the General Assembly.
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.