HB 1062-1_ Filed 02/20/2008, 10:05 ChairPerson
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Corrections, Criminal, and Civil Matters, to which was referred House Bill
No. 1062, has had the same under consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
SOURCE: Page 4, line 30; (08)AM106202.4. -->
Page 4, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 36-2-13-5; (08)AM106202.5. -->
"SECTION 5. IC 36-2-13-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. (a) The sheriff shall:
(1) arrest without process persons who commit an offense within
the sheriff's view, take them before a court of the county having
jurisdiction, and detain them in custody until the cause of the
arrest has been investigated;
(2) suppress breaches of the peace, calling the power of the
county to the sheriff's aid if necessary;
(3) pursue and jail felons;
(4) execute all process directed to the sheriff by legal authority;
(5) serve all process directed to the sheriff from a court or the
county executive;
(6) attend and preserve order in all courts of the county;
(7) take care of the county jail and the prisoners there;
(8) take photographs, fingerprints, and other identification data as
the sheriff shall prescribe of persons taken into custody for
felonies or misdemeanors; and
(9) on or before January 31 and June 30 of each year, provide to
the department of correction the average daily cost of
incarcerating a prisoner in the county jail as determined under the
methodology developed by the department of correction under
IC 11-10-13.
(b) A person who:
(1) refuses to be photographed;
(2) refuses to be fingerprinted;
(3) withholds information; or
(4) gives false information;
as prescribed in subsection (a)(8), commits a Class C misdemeanor.
(c) The sheriff may supervise and inspect all pawnbrokers,
vendors, junkshop keepers, cartmen, expressmen, dealers in
secondhand merchandise, intelligence offices, and auctions. The
sheriff may authorize any deputy in writing to exercise the same
powers.".
SOURCE: Page 5, line 12; (08)AM106202.5. -->
Page 5, line 12, after "precinct", delete "," and insert " or district,".
Page 5, between lines 17 and 18, begin a new paragraph and insert:
SOURCE: ; (08)AM106202.7. -->
"SECTION 7. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "sentencing policy study committee" refers to the
committee established by P.L.216-2007, SECTION 56.
(b) The legislative council shall assign to the sentencing policy
study committee for study the topic of the theft of salvaged
material, including valuable metals and architectural salvage
material. The legislative council shall instruct the sentencing policy
study committee to specifically examine the effectiveness of
enforcement mechanisms in combating the theft of valuable metals,
architectural salvage materials, and other salvaged materials. The
sentencing policy study committee may examine any other issue
related the theft of salvaged material.
(c) This SECTION expires November 1, 2008.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1062 as printed January 18, 2008.)
and when so amended that said bill do pass .
Committee Vote: Yeas 7, Nays 0.
____________________________________
Senator Steele, Chairperson
AM 106202/DI 106 2008