YES:
MR. SPEAKER:
Your Committee on Courts and Criminal Code , to which was referred House Bill
1083 , has had the same under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT concerning the criminal code evaluation
committee.
Delete everything after the enacting clause and insert the following:
solicitation (IC 35-42-4-6), including whether or not there should
be an increased penalty for a person who is at least twenty-one (21)
years of age to knowingly or intentionally solicit a child less than
fourteen (14) years of age, or an individual the person believes to
be a child less than fourteen (14) years of age.
(c) (d) The commission may study other topics assigned by the
legislative council or as directed by the commission chair.
(d) (e) The commission may meet during the months of:
(1) July, August, and September of 2009;
(2) April, May, June, July, August, and September of 2010; and
(3) June, July, August, and September of 2011.
(e) (f) The commission consists of seventeen (17) members
appointed as follows:
(1) Four (4) members of the senate, not more than two (2) of
whom may be affiliated with the same political party, to be
appointed by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not more
than two (2) of whom may be affiliated with the same political
party, to be appointed by the speaker of the house of
representatives.
(3) The attorney general or the attorney general's designee.
(4) The commissioner of the department of correction or the
commissioner's designee.
(5) The executive director of the prosecuting attorneys council of
Indiana or the executive director's designee.
(6) The executive director of the public defender council of
Indiana or the executive director's designee.
(7) The chief justice of the supreme court or the chief justice's
designee.
(8) Two (2) judges who exercise criminal jurisdiction, who may
not be affiliated with the same political party, to be appointed by
the governor.
(9) Two (2) professors employed by a law school in Indiana
whose expertise includes criminal law, to be appointed by the
governor.
(f) (g) The chairman of the legislative council shall appoint a
legislative member of the commission to serve as chair of the
commission. Whenever there is a new chairman of the legislative
council, the new chairman may remove the chair of the commission
and appoint another chair.
(g) (h) If a legislative member of the commission ceases to be a
member of the chamber from which the member was appointed, the
member also ceases to be a member of the commission.
(h) (i) A legislative member of the commission may be removed at
any time by the appointing authority who appointed the legislative
member.
(i) (j) If a vacancy exists on the commission, the appointing
authority who appointed the former member whose position is vacant
shall appoint an individual to fill the vacancy.
(j) (k) The commission shall submit a final report of the results of
its study to the legislative council before November 1, 2011. The report
must be in an electronic format under IC 5-14-6.
(k) (l) The Indiana criminal justice institute shall provide staff
support to the commission to prepare:
(1) minutes of each meeting; and
(2) the final report.
(l) (m) The legislative services agency shall provide staff support to
the commission to:
(1) advise the commission on legal matters, criminal procedures,
and legal research; and
(2) draft potential legislation.
(m) (n) Each member of the commission is entitled to receive the
same per diem, mileage, and travel allowances paid to individuals who
serve as legislative and lay members, respectively, of interim study
committees established by the legislative council.
(n) (o) The affirmative votes of a majority of all the members who
serve on the commission are required for the commission to take action
on any measure, including the final report.
(o) (p) Except as otherwise specifically provided by this SECTION,
the commission shall operate under the rules of the legislative council.
All funds necessary to carry out this SECTION shall be paid from
and when so amended that said bill do pass.