MADAM PRESIDENT:
I move
that Engrossed House Bill 1510 be amended to read as follows:
previously served if the court finds that an appointment under this
subsection would not create the appearance of impropriety.
(d) A person appointed to serve as a special prosecutor under
this section has the same powers as the prosecuting attorney of the
county. However, the appointing judge may limit the scope of the
special prosecutor's duties to include only the investigation or
prosecution of particular cases or particular grand jury
investigations.
(e) The circuit court judge of the court in which a verified
petition is filed under subsection (a) is disqualified from hearing
the case. A special judge shall be selected in accordance with Trial
Rule 79. The special judge must be a judge of a circuit, superior, or
probate court in a county other than the county in which the
special prosecutor is to serve.
(f) The court shall conduct an expedited hearing on the petition
not later than fifteen (15) days after the verified petition is served
on the prosecuting attorney.
(g) The court shall establish the length of the special
prosecutor's term. If the target of an investigation by the special
prosecutor is a public servant (as defined in IC 35-41-1-24), the
court shall order the special prosecutor to file a report of the
investigation with the court at the conclusion of the investigation.
The report is a public record.
(h) If the special prosecutor is not regularly employed as a
full-time prosecuting attorney or full-time deputy prosecuting
attorney, the compensation for the special prosecutor's services:
(1) shall be paid to the special prosecutor from the
unappropriated funds of the appointing county; and
(2) may not exceed:
(A) a per diem equal to the regular salary of a full-time
prosecuting attorney of the appointing circuit; and
(B) travel expenses and reasonable accommodation
expenses actually incurred.
(i) If the special prosecutor is regularly employed as a full-time
prosecuting attorney or deputy prosecuting attorney, the
compensation for the special prosecutor's services:
(1) shall be paid out of the appointing county's
unappropriated funds to the treasurer of the county in which
the special prosecutor regularly serves; and
(2) must include a per diem equal to the regular salary of a
full-time prosecuting attorney of the appointing circuit, travel
expenses, and reasonable accommodation expenses actually
incurred.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1510 as printed April 3, 2007.)