January 14, 2009, read first time and referred to Committee on Courts and Criminal Code.
Introduced
First Regular Session 116th General Assembly (2009)
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HOUSE BILL No. 1494
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 33-39-6-2; (09)IN1494.1.1. -->
SECTION 1. IC 33-39-6-2, AS AMENDED BY P.L.127-2008,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec.
(a) A prosecuting attorney may appoint one (1)
chief deputy prosecuting attorney. The maximum annual salary paid by
the state of a chief deputy prosecuting attorney appointed under this
subsection is as follows:
(1) If the prosecuting attorney is a full-time prosecuting attorney
appointing a full-time chief deputy prosecuting attorney, the
annual salary of the chief deputy prosecuting attorney is equal to
seventy-five percent (75%) of the salary paid by the state to a
full-time prosecuting attorney.
(2) If the prosecuting attorney is a full-time prosecuting attorney
appointing a part-time chief deputy prosecuting attorney, the
annual salary of the chief deputy prosecuting attorney is equal to
seventy-five percent (75%) of the salary paid by the state to a
part-time prosecuting attorney serving the judicial district served
by the chief deputy prosecuting attorney.
(3) If the prosecuting attorney is a part-time prosecuting attorney
appointing a full-time chief deputy prosecuting attorney, the
annual salary of the chief deputy prosecuting attorney is equal to
seventy-five percent (75%) of the salary paid by the state to a
full-time prosecuting attorney.
(4) If the prosecuting attorney is a part-time prosecuting attorney
appointing a part-time chief deputy prosecuting attorney, the
annual salary of the chief deputy prosecuting attorney is equal to
seventy-five percent (75%) of the salary paid by the state to a
part-time prosecuting attorney.
(5) The state may not pay any amount of the annual salary of a
chief deputy prosecuting attorney appointed under this section by
the prosecuting attorney of the ninety-first judicial circuit.
(b) The prosecuting attorney in a county in which is located at least
one (1) institution operated by the department of correction that houses
at least one thousand five hundred (1,500) offenders may appoint two
(2) additional deputy prosecuting attorneys. In a county having two (2)
institutions, each of which houses at least one thousand five hundred
(1,500) offenders, the prosecuting attorney may appoint a third deputy
prosecuting attorney.
(c) The prosecuting attorney in a county in which is located an
institution operated by the department of correction that houses at least
one hundred (100) but less than one thousand five hundred (1,500)
adult offenders may appoint one (1) additional deputy prosecuting
attorney.
(d) The prosecuting attorney in a county in which is located a state
institution (as defined in IC 12-7-2-184) that has a daily population of
at least three hundred fifty (350) patients may appoint one (1)
additional deputy prosecuting attorney.
(e) The annual salary of a deputy prosecuting attorney appointed
under subsections (b) through (d) may not be less than seventy-five
percent (75%) of the annual salary of the appointing prosecuting
attorney, as determined under section 5 of this chapter as though the
prosecuting attorney had not elected full-time status.
(f) The salaries provided in this section shall be paid by the state
once every two (2) weeks from the state general fund. There is
appropriated annually out of the general fund of the state sufficient
funds to pay any amount necessary. However, the salaries fixed in this
chapter are determined to be maximum salaries to be paid by the state.
This chapter does not limit the power of counties comprising the
respective judicial circuits to pay additional salaries upon proper action
by the appropriate county officials.
(g) The various county councils shall appropriate annually for other
deputy prosecuting attorneys, investigators, clerical assistance, witness
fees, out-of-state travel, postage, telephone tolls and telegraph, repairs
to equipment, office supplies, other operating expenses, and equipment
an amount necessary for the proper discharge of the duties imposed by
law upon the office of the prosecuting attorney of each judicial circuit.