Introduced Version






SENATE BILL No. 212

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 2-5-1.5-5; IC 3-8-1; IC 3-10; IC 3-11-2-12; IC 3-13-6-1; IC 5-8-1-19; IC 5-22-4-3; IC 12-26-1-2; IC 31-31; IC 32-26-5-2; IC 32-31-3-11; IC 33-23; IC 33-24-3-7; IC 33-28; IC 33-29; IC 33-30; IC 33-31; IC 33-33; IC 33-34-3-15; IC 33-35-5-9; IC 33-37; IC 33-38; IC 33-41-1-6; IC 34-9-1-1; IC 34-24-1-3; IC 34-28-5-10; IC 34-35-1-4; IC 35-33; IC 36-2-16-9.

Synopsis: Trial court jurisdiction; county courts. Provides that all circuit courts, superior courts, and probate courts have: (1) original and concurrent jurisdiction in all civil cases and in all criminal cases; (2) de novo appellate jurisdiction of appeals from city and town courts; and (3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts. Makes conforming amendments. Repeals the law concerning the establishment and operation of county courts. (Since January 1, 2009, no county court exists in Indiana.) Makes conforming amendments. (The introduced version of this bill was prepared by the commission on courts.)

Effective: July 1, 2011.





Bray




    January 5, 2011, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

SENATE BILL No. 212



    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 2-5-1.5-5; (11)IN0212.1.1. -->     SECTION 1. IC 2-5-1.5-5, AS AMENDED BY P.L.127-2008, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. As used in this chapter, "public officer" refers to any of the following:
        (1) The governor.
        (2) The lieutenant governor.
        (3) The secretary of state.
        (4) The auditor of state.
        (5) The treasurer of state.
        (6) The attorney general.
        (7) The state superintendent of public instruction.
        (8) A justice of the supreme court of Indiana.
        (9) A judge of the court of appeals of Indiana.
        (10) A judge of the Indiana tax court.
        (11) A judge of a circuit, superior, or probate or county court.
        (12) A member of the general assembly.
SOURCE: IC 3-8-1-33; (11)IN0212.1.2. -->     SECTION 2. IC 3-8-1-33, AS AMENDED BY P.L.2-2005,

SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 33. (a) A candidate for an office listed in subsection (b) must file a statement of economic interests.
    (b) Whenever a candidate for any of the following offices is also required to file a declaration of candidacy or is nominated by petition, the candidate shall file a statement of economic interests before filing the declaration of candidacy or declaration of intent to be a write-in candidate, before the petition of nomination is filed, before the certificate of nomination is filed, or before being appointed to fill a candidate vacancy under IC 3-13-1 or IC 3-13-2:
        (1) Governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, and state superintendent of public instruction, in accordance with IC 4-2-6-8.
        (2) Senator and representative in the general assembly, in accordance with IC 2-2.1-3-2.
        (3) Justice of the supreme court, judge of the court of appeals, judge of the tax court, judge of a circuit court, judge of a superior court, judge of a county court, judge of a probate court, and prosecuting attorney, in accordance with IC 33-23-11-14 and IC 33-23-11-15.

SOURCE: IC 3-10-1-19; (11)IN0212.1.3. -->     SECTION 3. IC 3-10-1-19, AS AMENDED BY P.L.146-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 19. (a) The ballot for a primary election shall be printed in substantially the following form for all the offices for which candidates have qualified under IC 3-8:
OFFICIAL PRIMARY BALLOT

_________________ Party

    For paper ballots, print: To vote for a person, make a voting mark (X or .) on or in the box before the person's name in the proper column. For optical scan ballots, print: To vote for a person, darken or shade in the circle, oval, or square (or draw a line to connect the arrow) that precedes the person's name in the proper column. For optical scan ballots that do not contain a candidate's name, print: To vote for a person, darken or shade in the oval that precedes the number assigned to the person's name in the proper column. For electronic voting systems, print: To vote for a person, touch the screen (or press the button) in the location indicated.
            Vote for one (1) only
    Representative in Congress
        [] (1) AB    __________
        [] (2) CD    __________
        [] (3) EF    __________
        [] (4) GH    __________
    (b) The offices with candidates for nomination shall be placed on the primary election ballot in the following order:
        (1) Federal and state offices:
            (A) President of the United States.
            (B) United States Senator.
            (C) Governor.
            (D) United States Representative.
        (2) Legislative offices:
            (A) State senator.
            (B) State representative.
        (3) Circuit offices and county judicial offices:
            (A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
            (B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
            (C) Judge of the probate court.
            (D) Judge of the county court, with each division separate, as required by IC 33-30-3-3.
            (E) (D) Prosecuting attorney.
            (F) (E) Circuit court clerk.
        (4) County offices:
            (A) County auditor.
            (B) County recorder.
            (C) County treasurer.
            (D) County sheriff.
            (E) County coroner.
            (F) County surveyor.
            (G) County assessor.
            (H) County commissioner.
            (I) County council member.
        (5) Township offices:
            (A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
            (B) Township trustee.
            (C) Township board member.
            (D) Judge of the small claims court.
            (E) Constable of the small claims court.
        (6) City offices:
            (A) Mayor.
            (B) Clerk or clerk-treasurer.
            (C) Judge of the city court.
            (D) City-county council member or common council member.
        (7) Town offices:
            (A) Clerk-treasurer.
            (B) Judge of the town court.
            (C) Town council member.
    (c) The political party offices with candidates for election shall be placed on the primary election ballot in the following order after the offices described in subsection (b):
        (1) Precinct committeeman.
        (2) State convention delegate.
    (d) The following offices and public questions shall be placed on the primary election ballot in the following order after the offices described in subsection (c):
        (1) School board offices to be elected at the primary election.
        (2) Other local offices to be elected at the primary election.
        (3) Local public questions.
    (e) The offices and public questions described in subsection (d) shall be placed:
        (1) in a separate column on the ballot if voting is by paper ballot;
        (2) after the offices described in subsection (c) in the form specified in IC 3-11-13-11 if voting is by ballot card; or
        (3) either:
            (A) on a separate screen for each office or public question; or
            (B) after the offices described in subsection (c) in the form specified in IC 3-11-14-3.5;
        if voting is by an electronic voting system.
    (f) A public question shall be placed on the primary election ballot in the following form:
(The explanatory text for the public question,

if required by law.)

"Shall (insert public question)?"

            [] YES
            [] NO
SOURCE: IC 3-10-2-11; (11)IN0212.1.4. -->     SECTION 4. IC 3-10-2-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. (a) A judge of the circuit court shall be elected at:
        (1) the first general election following an appointment by the governor to fill a vacancy in the office of judge of the circuit court; or
        (2) the general election before the term of the judge expires under

Article 7, Section 7 of the Constitution of the State of Indiana;
whichever occurs first, and every six (6) years thereafter.
    (b) Except as otherwise provided by law, judges of the superior and probate and county courts shall be elected at the general election before their terms of office expire and every six (6) years thereafter.

SOURCE: IC 3-11-2-12; (11)IN0212.1.5. -->     SECTION 5. IC 3-11-2-12, AS AMENDED BY P.L.146-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12. The following offices shall be placed on the general election ballot in the following order:
        (1) Federal and state offices:
            (A) President and Vice President of the United States.
            (B) United States Senator.
            (C) Governor and lieutenant governor.
            (D) Secretary of state.
            (E) Auditor of state.
            (F) Treasurer of state.
            (G) Attorney general.
            (H) Superintendent of public instruction.
            (I) United States Representative.
        (2) Legislative offices:
            (A) State senator.
            (B) State representative.
        (3) Circuit offices and county judicial offices:
            (A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
            (B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
            (C) Judge of the probate court.
            (D) Judge of the county court, with each division separate, as required by IC 33-30-3-3.
            (E) (D) Prosecuting attorney.
            (F) (E) Clerk of the circuit court.
        (4) County offices:
            (A) County auditor.
            (B) County recorder.
            (C) County treasurer.
            (D) County sheriff.
            (E) County coroner.
            (F) County surveyor.
            (G) County assessor.
            (H) County commissioner.
            (I) County council member.
        (5) Township offices:
            (A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
            (B) Township trustee.
            (C) Township board member.
            (D) Judge of the small claims court.
            (E) Constable of the small claims court.
        (6) City offices:
            (A) Mayor.
            (B) Clerk or clerk-treasurer.
            (C) Judge of the city court.
            (D) City-county council member or common council member.
        (7) Town offices:
            (A) Clerk-treasurer.
            (B) Judge of the town court.
            (C) Town council member.
SOURCE: IC 3-13-6-1; (11)IN0212.1.6. -->     SECTION 6. IC 3-13-6-1, AS AMENDED BY P.L.119-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) As used in this section, "judge" refers to a judge of a circuit, superior, or probate or county court.
    (b) If a judge wants to resign from office, the judge must resign as provided in IC 5-8-3.5.
    (c) A vacancy that occurs because of the death of a judge may be certified to the governor under IC 5-8-6.
    (d) A vacancy that occurs, other than by resignation or death of a judge, shall be certified to the governor by the circuit court clerk of the county in which the judge resided.
    (e) A vacancy in the office of judge of a circuit court shall be filled by the governor as provided by Article 5, Section 18 of the Constitution of the State of Indiana. However, the governor may not fill a vacancy that occurs because of the death of a judge until the governor receives notice of the death under IC 5-8-6. The person who is appointed holds the office until:
        (1) the end of the unexpired term; or
        (2) a successor is elected at the next general election and qualified;
whichever occurs first. The person elected at the general election following an appointment to fill the vacancy, upon being qualified, holds office for the six (6) year term prescribed by Article 7, Section 7 of the Constitution of the State of Indiana and until a successor is

elected and qualified.
    (f) A vacancy in the office of judge of a superior or probate or county court shall be filled by the governor subject to the following:
        (1) IC 33-33-2-39.
        (2) IC 33-33-2-43.
        (3) IC 33-33-45-38.
        (4) IC 33-33-71-40.
However, the governor may not fill a vacancy that occurs because of the death of a judge until the governor receives notice of the death under IC 5-8-6. The person who is appointed holds office for the remainder of the unexpired term.

SOURCE: IC 5-8-1-19; (11)IN0212.1.7. -->     SECTION 7. IC 5-8-1-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 19. (a) Under Article 7, Section 13 of the Constitution of the State of Indiana, whenever a circuit, superior, or probate or county court judge or prosecuting attorney has been convicted of corruption or any other high crime, the attorney general shall bring proceedings in the supreme court, on information, in the name of the state, for the removal from office of the judge or prosecuting attorney.
    (b) If the judgment is against the defendant, the defendant is removed from office. The governor, the officer, or the entity required to fill a vacancy under IC 3-13-6-2 shall, subject to:
        (1) IC 33-33-2-39;
        (2) IC 33-33-2-43;
        (3) IC 33-33-45-38; and
        (4) IC 33-33-71-40;
appoint or select a successor to fill the vacancy in office.
SOURCE: IC 5-22-4-3; (11)IN0212.1.8. -->     SECTION 8. IC 5-22-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) Except as provided in subsections (c) and (d), a court in the judicial branch is the purchasing agency for that court.
    (b) The individuals designated by a court are the purchasing agents for that court.
    (c) Notwithstanding subsections (a) and (b), if a county has established a purchasing agency for the county, both of the following apply:
        (1) The purchasing agency established by the county is the purchasing agency for a circuit or superior or county court of the county.
        (2) Section 5 of this chapter applies to the purchases of a circuit or superior or county court of the county.
    (d) Notwithstanding subsections (a) and (b), a court may request

either of the following to be the purchasing agency for the court:
        (1) A purchasing agency of the executive branch.
        (2) A purchasing agency of a political subdivision.
If a court requests a purchasing agency described in this subsection to be the purchasing agency for the court, the section of this chapter applicable to that purchasing agency applies to purchases made for the court.

SOURCE: IC 12-26-1-2; (11)IN0212.1.9. -->     SECTION 9. IC 12-26-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. Except as provided in sections 3 and 4 of this chapter, the following Indiana courts have jurisdiction over a proceeding under this article:
        (1) A court having probate jurisdiction.
        (2) A superior court in a county in which the circuit court has exclusive probate jurisdiction.
        (3) A mental health division of a superior court to the extent the mental health division has jurisdiction under IC 33-33-49-9. IC 33-33-49.
SOURCE: IC 31-31-3-3; (11)IN0212.1.10. -->     SECTION 10. IC 31-31-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. The judge of
        (1) a juvenile court or
        (2) a probate court under IC 33-31-1;
may appoint one (1) or more part-time juvenile court referees.
SOURCE: IC 31-31-4-2; (11)IN0212.1.11. -->     SECTION 11. IC 31-31-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. The judge of
        (1) a juvenile court or
        (2) a probate court under IC 33-31-1;
may appoint one (1) or more part-time juvenile court referees.
SOURCE: IC 32-26-5-2; (11)IN0212.1.12. -->     SECTION 12. IC 32-26-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) Upon receiving a complaint in writing signed by an owner of land adjoining a hedge or fence to which this chapter applies alleging that the owner of the fence has neglected to cut and trim the hedge or fence, the township trustee shall examine, within five (5) days after receiving the complaint, the hedge or other live fence.
    (b) If the hedge or other live fence that is the subject of the complaint under subsection (a) has not been cut and trimmed, the township trustee shall give the owner of the hedge or other live fence written notice to cut and trim the hedge or other live fence and to remove the brush to the owner's property within thirty (30) days after receiving the notice.
    (c) The notice required under subsection (b) must be served by reading the notice to the owner or by leaving a copy of the notice at the

owner's usual place of residence. If the owner of properties divided by the hedge or other live fence is not a resident of the township where the hedge or other live fence is located, the notice shall be served by mailing a copy of the notice to the owner directed to the owner's last known post office address.
    (d) If the owner or the owner's agents or tenants do not cut and trim the fences and remove the brush, the trustee shall, immediately after the expiration of thirty (30) days, cause the hedge or other live fence to be cut and trimmed and the brush removed to the owner's property.
    (e) The trustee shall recover all expenses incurred under subsection (d) by bringing a suit against the owner of the property on which the hedge or live fence is situated before the county court, the circuit court or the superior court of the county in which the hedge or other live fence is situated. Collection of the expenses and any judgment recovered shall be without relief from valuation or appraisement laws.

SOURCE: IC 32-31-3-11; (11)IN0212.1.13. -->     SECTION 13. IC 32-31-3-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. (a) The following courts have original and concurrent jurisdiction in cases arising under this chapter:
        (1) A circuit court.
        (2) A superior court.
        (3) A county court.
        (4) (3) A municipal court.
        (5) (4) A small claims court.
    (b) A case arising under this chapter may be filed on the small claims docket of a court that has jurisdiction.
SOURCE: IC 33-23-3-1; (11)IN0212.1.14. -->     SECTION 14. IC 33-23-3-1, AS AMENDED BY P.L.32-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) A circuit court, a superior court, a county court, a probate court, the tax court, or the court of appeals may apply to the supreme court for the appointment of a senior judge to serve the court.
    (b) The application submitted under this section must include the following:
        (1) Reasons for the request.
        (2) Estimated duration of the need for a senior judge.
SOURCE: IC 33-23-3-2; (11)IN0212.1.15. -->     SECTION 15. IC 33-23-3-2, AS AMENDED BY P.L.32-2005, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. Upon approving the request by a circuit court, a superior court, a county court, a probate court, the tax court, or the court of appeals for a senior judge, the supreme court may appoint a senior judge to serve that court for the duration specified in the

application submitted under section 1 of this chapter.

SOURCE: IC 33-23-3-4; (11)IN0212.1.16. -->     SECTION 16. IC 33-23-3-4, AS AMENDED BY P.L.32-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. The supreme court may not require a senior judge to accept an assignment to serve a circuit court, a superior court, a county court, a probate court, the tax court, or the court of appeals. If a senior judge declines an assignment to serve, the supreme court may offer the senior judge subsequent assignments to serve a circuit court, a superior court, a county court, a probate court, the tax court, or the court of appeals.
SOURCE: IC 33-23-12-2; (11)IN0212.1.17. -->     SECTION 17. IC 33-23-12-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) As used in this chapter, "court employee" means a person employed by any of the following:
        (1) The supreme court.
        (2) The court of appeals.
        (3) The tax court.
        (4) A circuit court.
        (5) A superior court.
        (6) A juvenile court.
        (7) A probate court.
        (8) A county court.
        (9) (8) A municipal court.
        (10) (9) A city or town court.
        (11) (10) A small claims court.
    (b) The term does not include a judge of any of the courts listed in subsection (a)(1) through (a)(11). (a)(10).
SOURCE: IC 33-24-3-7; (11)IN0212.1.18. -->     SECTION 18. IC 33-24-3-7, AS AMENDED BY P.L.32-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) The supreme court may appoint a judge who is certified as a senior judge by the judicial nominating commission to serve a circuit court, a superior court, a county court, a probate court, the tax court, or the court of appeals if the court requests the services of a senior judge.
    (b) The supreme court may adopt rules concerning:
        (1) certification by the judicial nominating commission; and
        (2) appointment by the supreme court;
of senior judges.
SOURCE: IC 33-28-1-2; (11)IN0212.1.19. -->     SECTION 19. IC 33-28-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) The All circuit court has courts have:
        (1)
original and concurrent jurisdiction in all civil cases and in

all criminal cases; except where exclusive jurisdiction is conferred by law upon other courts of the same territorial jurisdiction.
         (2) de novo appellate jurisdiction of appeals from city and town courts; and
        (3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.

    (b) The circuit court also has the appellate jurisdiction that may be conferred by law upon it.

SOURCE: IC 33-28-3-1; (11)IN0212.1.20. -->     SECTION 20. IC 33-28-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. This chapter applies to each circuit court for which this title provides that has a standard small claims and misdemeanor division.
SOURCE: IC 33-28-3-8; (11)IN0212.1.21. -->     SECTION 21. IC 33-28-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. (a) The minor offenses and violations docket has jurisdiction over the following:
        (1) All Class D felony cases.
        (2) All misdemeanor cases.
        (3) All infraction cases.
        (4) All ordinance violation cases.
    (b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through IC 34-28-5-10. IC 34-28-5-9.
SOURCE: IC 33-29-1-1.5; (11)IN0212.1.22. -->     SECTION 22. IC 33-29-1-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.5. All standard superior courts have:
        (1) original and concurrent jurisdiction in all civil cases and in all criminal cases;
        (2) de novo appellate jurisdiction of appeals from city and town courts; and
        (3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.

SOURCE: IC 33-29-1.5; (11)IN0212.1.23. -->     SECTION 23. IC 33-29-1.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 1.5. Jurisdiction of Nonstandard Superior Courts
    Sec. 1. This chapter applies to a superior court that is not a standard superior court described in IC 33-29-1.
    Sec. 2. All superior courts have:
        (1) original and concurrent jurisdiction in all civil cases and in all criminal cases;
        (2) de novo appellate jurisdiction of appeals from city and town courts; and
        (3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.

SOURCE: IC 33-29-2-1; (11)IN0212.1.24. -->     SECTION 24. IC 33-29-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. This chapter applies to each superior court for which IC 33-33 provides that has a standard small claims and misdemeanor division.
SOURCE: IC 33-31-1-9; (11)IN0212.1.25. -->     SECTION 25. IC 33-31-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) The All probate court in the county for which it is organized has courts have:
        (1)
original and concurrent jurisdiction with the superior courts of the county in all matters pertaining to the following:
        (1) The probate of wills.
        (2) Proceedings to resist probate of wills.
        (3) Proceedings to contest wills.
        (4) The appointment of guardians, assignees, executors, administrators, and trustees.
        (5) The administration and settlement of estates of protected persons (as defined in IC 29-3-1-13) and deceased persons.
        (6) The administration of trusts, assignments, adoption proceedings, and surviving partnerships.
        (7) Any other probate matters.
    (b) The probate court has exclusive juvenile jurisdiction in St. Joseph County.
    (c) The probate court does not have jurisdiction in civil actions. in all civil cases and in all criminal cases;
        (2) de novo appellate jurisdiction of appeals from city and town courts; and
        (3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.

SOURCE: IC 33-31-1-24; (11)IN0212.1.26. -->     SECTION 26. IC 33-31-1-24, AS AMENDED BY P.L.127-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 24. In addition to any appointments made by the judge of the St. Joseph probate court under IC 31-31-3, The judge of the St. Joseph probate court may appoint three (3) full-time magistrates under IC 33-23-5. The magistrates may exercise:
        (1) probate jurisdiction under section 9(a) of this chapter; and
        (2) juvenile jurisdiction under section 9(b) of this chapter;
and continue in office until removed by the judge.
SOURCE: IC 33-31-2; (11)IN0212.1.27. -->     SECTION 27. IC 33-31-2 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 2. Small Claims and Misdemeanor Division
    Sec. 1. This chapter applies to each probate court that has a standard small claims and misdemeanor division.
    Sec. 2. The small claims and misdemeanor division of the court has the following dockets:
        (1) A small claims docket.
        (2) A minor offenses and violations docket.
    Sec. 3. The small claims docket has jurisdiction over the following:
        (1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than six thousand dollars ($6,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any claim that exceeds six thousand dollars ($6,000) in order to bring it within the jurisdiction of the small claims docket.
        (2) Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed six thousand dollars ($6,000).
        (3) Emergency possessory actions between a landlord and tenant under IC 32-31-6.
    Sec. 4. (a) The exceptions provided in this section to formal practice and procedure apply to all cases on the small claims docket.
    (b) A defendant is considered to have complied with the statute and rule requiring the filing of an answer upon entering an appearance personally or by attorney. The appearance constitutes a general denial and preserves all defenses and compulsory counterclaims, which may then be presented at the trial of the case.
    (c) If, at the trial of the case, the court determines:
        (1) that the complaint is so vague or ambiguous that the defendant was unable to determine the nature of the plaintiff's claim; or
        (2) that the plaintiff is surprised by a defense or compulsory counterclaim raised by the defendant that the plaintiff could not reasonably have anticipated;
the court shall grant a continuance.
    (d) The trial shall be conducted informally, with the objective of

dispensing speedy justice between the parties according to the rules of substantive law. The trial is not bound by the statutes or rules governing practice, procedure, pleadings, or evidence except for provisions relating to privileged communications and offers of compromise.
    Sec. 5. There is no change of venue from the county as of right in cases on the small claims docket. However, a change of venue from the judge shall be granted as provided by statute and by rules of the supreme court.
    Sec. 6. (a) The filing of a claim on the small claims docket is considered a waiver of trial by jury.
    (b) The defendant may, not later than ten (10) days following service of the complaint in a small claims case, demand a trial by jury by filing an affidavit that:
        (1) states that there are questions of fact requiring a trial by jury;
        (2) specifies those questions of fact; and
        (3) states that the demand is in good faith.
    (c) Notice of the defendant's right to a jury trial, and the ten (10) day period in which to file for a jury trial, must be clearly stated on the notice of claim or on an additional sheet to be served with the notice of claim on the defendant.
    (d) Upon the deposit of seventy dollars ($70) in the small claims docket by the defendant, the court shall transfer the claim to the plenary docket. Upon transfer, the claim then loses its status as a small claim.
    Sec. 7. (a) The minor offenses and violations docket has jurisdiction over the following:
        (1) All Class D felony cases.
        (2) All misdemeanor cases.
        (3) All infraction cases.
        (4) All ordinance violation cases.
    (b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through IC 34-28-5-9.
    Sec. 8. (a) The court shall provide by rule for an evening session to be held once each week.
    (b) The court shall hold additional sessions in the evening and on holidays as necessary to ensure the just, speedy, and inexpensive determination of every action.
    Sec. 9. The court shall comply with all requests made under IC 33-24-6-3 by the executive director of the division of state court administration concerning the small claims and misdemeanor

division.

SOURCE: IC 33-33-2-4; (11)IN0212.1.28. -->     SECTION 28. IC 33-33-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) The Allen circuit court has concurrent jurisdiction with the Allen superior court concerning paternity actions.
    (b) (a) In addition to the magistrate appointed under section 3 of this chapter, the judge of the Allen circuit court may appoint a hearing officer with the powers of a magistrate under IC 33-23-5. The hearing officer continues in office until removed by the judge.
    (c) (b) The salary of a hearing officer appointed under subsection (b) (a) is equal to that of a magistrate under IC 33-23-5. The hearing officer's salary must be paid by the county. The hearing officer is a county employee.
SOURCE: IC 33-33-4-1; (11)IN0212.1.29. -->     SECTION 29. IC 33-33-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Benton County constitutes the seventy-sixth judicial circuit.
    (b) The Benton circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-7-1; (11)IN0212.1.30. -->     SECTION 30. IC 33-33-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Brown County constitutes the eighty-eighth judicial circuit.
    (b) The Brown circuit court has a standard small claims and misdemeanor division.
    (c) (b) The judge of the Brown circuit court may appoint one (1) full-time magistrate under IC 33-23-5. The magistrate continues in office until removed by the judge.
SOURCE: IC 33-33-8-1; (11)IN0212.1.31. -->     SECTION 31. IC 33-33-8-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Carroll County constitutes the seventy-fourth judicial circuit.
    (b) The Carroll circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-10-4; (11)IN0212.1.32. -->     SECTION 32. IC 33-33-10-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) The superior courts shall be known as Clark superior court No. 1, Clark superior court No. 2, and Clark superior court No. 3, and the county of Clark shall constitute the judicial district of each court.
    (b) Each superior court shall be a court of record. having the same jurisdiction as the circuit court. A judge of the superior court has the same powers relating to the conduct of business of the court as the judge of the circuit court.
    (c) Each court shall have a seal containing the words "Clark Superior Court _________ (insert "No. 1", "No. 2", or "No. 3") of Clark

County, Indiana".
    (d) Clark superior court No. 3 has a standard small claims and misdemeanor docket.

SOURCE: IC 33-33-13-1; (11)IN0212.1.33. -->     SECTION 33. IC 33-33-13-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Crawford County constitutes the seventy-seventh judicial circuit.
    (b) The Crawford circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-23-1; (11)IN0212.1.34. -->     SECTION 34. IC 33-33-23-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Fountain County constitutes the sixty-first judicial circuit.
    (b) The Fountain circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-24-1; (11)IN0212.1.35. -->     SECTION 35. IC 33-33-24-1, AS AMENDED BY P.L.127-2008, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Franklin County constitutes the thirty-seventh judicial circuit.
    (b) There are two (2) judges of the Franklin circuit court.
    (c) The Franklin circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-45-6; (11)IN0212.1.36. -->     SECTION 36. IC 33-33-45-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) The court has:
        (1) the same jurisdiction as the Lake circuit court in all civil and probate cases and matters whether original or appellate;
        (2) original exclusive jurisdiction of all felony cases;
        (3) original concurrent jurisdiction of all misdemeanor cases, infraction cases, and ordinance violation cases;
        (4) appellate jurisdiction in criminal cases as is vested in the circuit court; and
        (5) original exclusive juvenile jurisdiction.
    (b) Notwithstanding IC 31-30-1-2, the juvenile court has exclusive jurisdiction over a child who:
        (1) has been taken into custody in the county; and
        (2) has allegedly committed an act that would be a misdemeanor traffic offense if committed by an adult.
SOURCE: IC 33-33-51-1; (11)IN0212.1.37. -->     SECTION 37. IC 33-33-51-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Martin County constitutes the ninetieth judicial circuit.
    (b) The Martin circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-60-1; (11)IN0212.1.38. -->     SECTION 38. IC 33-33-60-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Owen County

constitutes the seventy-eighth judicial circuit.
    (b) The Owen circuit court has a standard small claims and misdemeanor division.

SOURCE: IC 33-33-61-1; (11)IN0212.1.39. -->     SECTION 39. IC 33-33-61-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Parke County constitutes the sixty-eighth judicial circuit.
    (b) The Parke circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-62-1; (11)IN0212.1.40. -->     SECTION 40. IC 33-33-62-1, AS AMENDED BY P.L.246-2005, SECTION 222, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Perry County constitutes the seventieth judicial circuit.
    (b) The Perry circuit court has a standard small claims and misdemeanor division.
    (c) (b) The judge of the Perry circuit court may appoint one (1) full-time magistrate under IC 33-23-5. The magistrate continues in office until removed by the judge.
SOURCE: IC 33-33-63-1; (11)IN0212.1.41. -->     SECTION 41. IC 33-33-63-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Pike County constitutes the eighty-third judicial circuit.
    (b) The Pike circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-74-1; (11)IN0212.1.42. -->     SECTION 42. IC 33-33-74-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Spencer County constitutes the eighty-fourth judicial circuit.
    (b) The Spencer circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-75-1; (11)IN0212.1.43. -->     SECTION 43. IC 33-33-75-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Starke County constitutes the forty-fourth judicial circuit.
    (b) The Starke circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-78-2; (11)IN0212.1.44. -->     SECTION 44. IC 33-33-78-2, AS AMENDED BY P.L.127-2008, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) Switzerland County constitutes the ninety-first judicial circuit.
    (b) The Switzerland circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-80-1; (11)IN0212.1.45. -->     SECTION 45. IC 33-33-80-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Tipton County constitutes the thirty-sixth judicial circuit.
    (b) The Tipton circuit court has a standard small claims and

misdemeanor division.

SOURCE: IC 33-33-81-1; (11)IN0212.1.46. -->     SECTION 46. IC 33-33-81-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Union County constitutes the eighty-ninth judicial circuit.
    (b) The Union circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-86-1; (11)IN0212.1.47. -->     SECTION 47. IC 33-33-86-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Warren County constitutes the twenty-first judicial circuit.
    (b) The Warren circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-88-1; (11)IN0212.1.48. -->     SECTION 48. IC 33-33-88-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Washington County constitutes the forty-second judicial circuit.
    (b) The Washington circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-34-3-15; (11)IN0212.1.49. -->     SECTION 49. IC 33-34-3-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 15. (a) All appeals from judgments of the small claims court shall be taken to the circuit court or superior court of the county and tried de novo.
    (b) The rules of procedure for appeals must be in accordance with the rules established by the circuit court and superior court.
    (c) The appellant shall pay all costs necessary for the filing of the case in the circuit court or superior court, as if the appeal were a case that had been filed initially in that court.
SOURCE: IC 33-35-5-9; (11)IN0212.1.50. -->     SECTION 50. IC 33-35-5-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) An appeal from a judgment of a city court may be taken to the circuit, or superior, or probate court of the county and tried de novo.
    (b) An appeal from a judgment of a town court may be taken to the superior, or circuit, or probate court of the county within thirty (30) days after the rendition of the judgment.
    (c) A prisoner against whom punishment is adjudged by a city court may appeal to the circuit, superior, or probate court of the county within thirty (30) days after the judgment. If the prisoner, within the thirty (30) days, enters into recognizance for his the prisoner's appearance in court and causes to be filed in the court, within forty-five (45) days, all other papers, documents, and transcripts necessary to complete the appeal, the appeal stays all further proceedings on the judgment in the court below. However, the prisoner may remain in jail on the prisoner's sentence instead of furnishing a recognizance, and an appeal without recognizance does not stay the execution of the court

below.

SOURCE: IC 33-37-1-1; (11)IN0212.1.51. -->     SECTION 51. IC 33-37-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. This article applies to all proceedings in the following courts:
        (1) Circuit courts (Article 7, Section 7 of the Constitution of the State of Indiana, IC 33-28, and IC 33-33).
        (2) Superior courts (IC 33-29 and IC 33-33).
        (3) County courts (IC 33-30).
        (4) (3) Probate courts (IC 33-31).
        (5) (4) City and town courts (IC 33-35).
SOURCE: IC 33-37-7-6; (11)IN0212.1.52. -->     SECTION 52. IC 33-37-7-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) The qualified municipality share to be distributed to each city and town maintaining a law enforcement agency that prosecutes at least fifty percent (50%) of the city's or town's ordinance violations in a circuit or superior or county court located in the county is three percent (3%) of the amount of fees collected under the following:
        (1) IC 33-37-4-1(a) (criminal costs fees).
        (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
        (3) IC 33-37-4-3(a) (juvenile costs fees).
        (4) IC 33-37-4-4(a) (civil costs fees).
        (5) IC 33-37-4-6(a)(1) (small claims costs fees).
        (6) IC 33-37-4-7(a) (probate costs fees).
        (7) IC 33-37-5-17 (deferred prosecution fees).
    (b) The county auditor shall determine the amount to be distributed to each city and town qualified under subsection (a) as follows:
        STEP ONE: Determine the population of the qualified city or town.
        STEP TWO: Add the populations of all qualified cities and towns determined under STEP ONE.
        STEP THREE: Divide the population of each qualified city and town by the sum determined under STEP TWO.
        STEP FOUR: Multiply the result determined under STEP THREE for each qualified city and town by the amount of the qualified municipality share.
    (c) The county auditor shall distribute semiannually to each city and town described in subsection (a) the amount computed for that city or town under STEP FOUR of subsection (b).
    (d) This section applies after June 30, 2005.
SOURCE: IC 33-38-1-2; (11)IN0212.1.53. -->     SECTION 53. IC 33-38-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. Each judge of each:
        (1) judicial circuit containing more than one (1) county;
        (2) county court serving more than one (1) county; and
        (3) (2) superior court district containing more than one (1) county;
shall be paid two thousand dollars ($2,000) per year to reimburse the judge for traveling and other necessary expenses. Two thousand dollars ($2,000) for each judge is appropriated annually from the state general fund not otherwise appropriated.
SOURCE: IC 33-38-9-3; (11)IN0212.1.54. -->     SECTION 54. IC 33-38-9-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The judicial conference of Indiana is established.
    (b) The membership of the judicial conference consists of the following:
        (1) All justices of the supreme court.
        (2) All judges of the court of appeals.
        (3) The judge of the tax court.
        (4) All circuit, superior, and probate and county court judges.
        (5) All municipal court judges who are serving on a full-time basis.
        (6) Any retired judge who serves as a special judge and notifies the conference of the service.
    (c) A full-time magistrate under IC 33-23-5 is a nonvoting member of the conference.
SOURCE: IC 33-38-11-1; (11)IN0212.1.55. -->     SECTION 55. IC 33-38-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) The judge of a circuit or superior or county court may appoint temporary judges. Each temporary judge must be:
        (1) a competent attorney admitted to the practice of law in Indiana; and
        (2) a resident of the judicial district of the court after the temporary judge's appointment.
The temporary judge's appointment must be in writing. The temporary judge continues in office until removed by the judge.
    (b) A temporary juvenile law judge may be appointed under this subsection for the exclusive purpose of hearing cases arising under IC 31-30 through IC 31-40. The appointment shall be made under an agreement between at least two (2) judges of courts located:
        (1) in the same county; or
        (2) in counties that are adjacent to each other.
    (c) An agreement under subsection (b) must:
        (1) be filed with the circuit court clerk of each county in which a court subject to the agreement is located;
        (2) specify the duration of the agreement, which may not exceed one (1) year; and
        (3) permit a judge to end the participation of a court in the agreement.
SOURCE: IC 33-41-1-6; (11)IN0212.1.56. -->     SECTION 56. IC 33-41-1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) Every official circuit, superior, criminal, probate, and juvenile and county court reporter appointed under section 1 of this chapter or IC 33-30-7-2 may do the following:
        (1) Take and certify all acknowledgments of deeds, mortgages, or other instruments of writing required or authorized by law to be acknowledged.
        (2) Administer oaths generally.
        (3) Take and certify affidavits, examinations, and depositions.
        (4) Perform any duty conferred upon a notary public by Indiana statutes.
    (b) Any official reporter taking examinations and depositions may:
        (1) take them in shorthand;
        (2) transcribe them into typewriting or longhand; and
        (3) have them signed by the deposing witness.
    (c) Before performing any official duty as authorized, an official reporter must:
        (1) provide a bond as is required for notaries public; and
        (2) procure a seal that will stamp a distinct impression indicating the reporter's official character, to which may be added any other device as the reporter chooses.
SOURCE: IC 34-9-1-1; (11)IN0212.1.57. -->     SECTION 57. IC 34-9-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except as provided under subsection (c), a civil action may be prosecuted or defended by a party:
        (1) in person; or
        (2) represented by an attorney.
    (b) If the state of Indiana is a party to a civil action filed on the small claims docket of a circuit court or superior court, or county court, the state of Indiana is not required to appear by attorney.
    (c) A corporation and any organization required to make application to the secretary of state under IC 25-11-1-3 must appear by attorney in all cases. However, corporations organized under:
        (1) IC 23-1;
        (2) IC 23-1.5;
        (3) IC 23-7-1.1 (before its repeal on August 1, 1991); or
        (4) IC 23-17;
are not required to appear by attorney in civil cases filed on a small claims docket of a circuit or superior or county court.
SOURCE: IC 34-24-1-3; (11)IN0212.1.58. -->     SECTION 58. IC 34-24-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The prosecuting attorney for the county in which the seizure occurs may, within ninety (90) days after receiving written notice from the owner demanding return of the seized property or within one hundred eighty (180) days after the property is seized, whichever occurs first, cause an action for reimbursement of law enforcement costs and forfeiture to be brought by filing a complaint in the circuit or superior or county court in the jurisdiction where the seizure occurred. The action must be brought:
        (1) in the name of the state or the state and the unit that employed the law enforcement officers who made the seizure if the state was not the employer; and
        (2) within the period that a prosecution may be commenced under IC 35-41-4-2 for the offense that is the basis for the seizure.
    (b) If the property seized was a vehicle or real property, the prosecuting attorney shall serve, under the Indiana Rules of Trial Procedure, a copy of the complaint upon each person whose right, title, or interest is of record in the bureau of motor vehicles, in the county recorder's office, or other office authorized to receive or record vehicle or real property ownership interests.
    (c) The owner of the seized property, or any person whose right, title, or interest is of record may, within twenty (20) days after service of the complaint under the Indiana Rules of Trial Procedure, file an answer to the complaint and may appear at the hearing on the action.
    (d) If, at the end of the time allotted for an answer, there is no answer on file, the court, upon motion, shall enter judgment in favor of the state and the unit (if appropriate) for reimbursement of law enforcement costs and shall order the property disposed of in accordance with section 4 of this chapter.
SOURCE: IC 34-35-1-4; (11)IN0212.1.59. -->     SECTION 59. IC 34-35-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) When a practicing attorney is called upon to preside in the place of the regular judge as a judge pro tempore, the attorney shall be allowed the following:
        (1) The sum of twenty dollars ($20) per day for each day or part of a day actually served.
        (2) For each mile necessarily traveled each day in going to and returning from the place where the court is being held, a sum for mileage equal to that sum per mile paid to state officers and employees. The rate per mile shall change each time the state government changes its rate per mile.
    (b) If such judge pro tempore is a resident of another county, the

judge pro tempore shall be paid an additional sum of twenty dollars ($20) for each day or part of a day actually served, making a total of forty dollars ($40).
    (c) The judge pro tempore shall be paid on the presentation of:
        (1) an order made by the court for the allowance, specifying the days of service and mileage, if any, supported by the affidavit of the judge pro tempore that the judge pro tempore actually served the days, and the miles traveled were necessary; and
        (2) an affidavit of the regular judge stating the reason for the service of the judge pro tempore.
    (d) The payment under subsection (c) shall be paid out of the county treasury for the time being, for which the county shall have credit on settlement with the treasurer of state.
    (e) In change of venue from one (1) court to another court of the same county, or from one (1) judge to another judge of the same county, the compensation provided for in this section does not apply, unless the other court or judge to which the change is taken is situated in another city in the same county.
    (f) A full-time judge of a circuit or superior or county court may not be paid compensation for serving as a special judge, except reasonable expenses for meals, lodging, travel, and other incidental expenses approved by the state court administrator.

SOURCE: IC 35-33-2-3; (11)IN0212.1.60. -->     SECTION 60. IC 35-33-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The warrant is issued to the sheriff of the county where the indictment or information is filed. This warrant may be served or arrests on it made:
        (1) by any law enforcement officer;
        (2) on any day of the week; and
        (3) at any time of the day or night.
    (b) A law enforcement officer may break open any outer or inner door or window in order to execute an arrest warrant, if he the officer is not admitted following an announcement of his the officer's authority and purpose.
    (c) The accused person shall be delivered to the sheriff of the county in which the indictment or information was filed, and the sheriff shall commit the accused person to jail or hold him the accused person to bail as provided in this article.
    (d) A person or persons whose property is wrongfully damaged or whose person is wrongfully injured by any law enforcement officer or officers who wrongfully enter may recover such damage from the responsible authority and the law enforcement officer or officers as the court may determine. The action may be filed in the circuit court or

superior court or county court in the county where the wrongful entry took place.

SOURCE: IC 35-33-5-7; (11)IN0212.1.61. -->     SECTION 61. IC 35-33-5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) A search warrant issued by a court of record may be executed according to its terms anywhere in the state. A search warrant issued by a court that is not a court of record may be executed according to its terms anywhere in the county of the issuing court.
    (b) A search warrant must be:
        (1) executed not more than ten (10) days after the date of issuance; and
        (2) returned to the court without unnecessary delay after the execution.
    (c) A search warrant may be executed:
        (1) on any day of the week; and
        (2) at any time of the day or night.
    (d) A law enforcement officer may break open any outer or inner door or window in order to execute a search warrant, if he the officer is not admitted following an announcement of his the officer's authority and purpose.
    (e) A person or persons whose property is wrongfully damaged or whose person is wrongfully injured by any law enforcement officer or officers who wrongfully enter may recover such damage from the responsible authority and the law enforcement officer or officers as the court may determine. The action may be filed in the circuit court or superior court or county court in the county where the wrongful entry took place.
SOURCE: IC 36-2-16-9; (11)IN0212.1.62. -->     SECTION 62. IC 36-2-16-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. If a county has:
        (1) a superior or county court; or
        (2) two (2) or more courthouses in which branches of county offices are maintained;
the deputies in charge of the various courts or branches rank as, and shall be compensated as, first or chief deputies.
    SECTION 63. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 3-8-1-18; IC 33-23-7; IC 33-30; IC 33-31-1-10; IC 33-31-1-23; IC 33-33-1-4; IC 33-33-1-5; IC 33-33-2-20; IC 33-33-3-7; IC 33-33-3-8; IC 33-33-5-5; IC 33-33-5-6; IC 33-33-6-5; IC 33-33-6-7; IC 33-33-6-8; IC 33-33-8-4; IC 33-33-8-5; IC 33-33-9-5; IC 33-33-9-6; IC 33-33-11-5; IC 33-33-11-6; IC 33-33-12-4; IC 33-33-12-5; IC 33-33-14-4; IC 33-33-14-5; IC 33-33-15-5; IC 33-33-15-6; IC 33-33-16-4; IC 33-33-16-5; IC 33-33-17-6;

IC 33-33-17-7; IC 33-33-19-5; IC 33-33-19-6; IC 33-33-20-6; IC 33-33-20-7; IC 33-33-21-4; IC 33-33-21-5; IC 33-33-22-5; IC 33-33-22-7; IC 33-33-25-4; IC 33-33-25-5; IC 33-33-26-4; IC 33-33-26-5; IC 33-33-27-9; IC 33-33-27.2-6; IC 33-33-27.3-4; IC 33-33-27.3-12; IC 33-33-28-4; IC 33-33-28-5; IC 33-33-29-7; IC 33-33-29-8; IC 33-33-30-9; IC 33-33-30-10; IC 33-33-31-4; IC 33-33-31-5; IC 33-33-32-8; IC 33-33-32-9; IC 33-33-33-6; IC 33-33-33-7; IC 33-33-34-18; IC 33-33-34-19; IC 33-33-35-5; IC 33-33-35-6; IC 33-33-36-4; IC 33-33-36-5; IC 33-33-37-7; IC 33-33-37-8; IC 33-33-38-4; IC 33-33-38-5; IC 33-33-39-4; IC 33-33-39-5; IC 33-33-40-4; IC 33-33-40-5; IC 33-33-41-7; IC 33-33-41-8; IC 33-33-42-6; IC 33-33-42-7; IC 33-33-43-6; IC 33-33-43-7; IC 33-33-44-4; IC 33-33-44-5; IC 33-33-46-7; IC 33-33-46-8; IC 33-33-47-8; IC 33-33-47-9; IC 33-33-48-10; IC 33-33-48-11; IC 33-33-49-9; IC 33-33-50-4; IC 33-33-50-5; IC 33-33-52-4; IC 33-33-52-5; IC 33-33-54-4; IC 33-33-54-6; IC 33-33-55-9; IC 33-33-55-10; IC 33-33-56-5; IC 33-33-56-6; IC 33-33-57-4; IC 33-33-57-5; IC 33-33-59-5; IC 33-33-59-6; IC 33-33-64-5; IC 33-33-64-22; IC 33-33-65-4; IC 33-33-65-5; IC 33-33-66-4; IC 33-33-66-5; IC 33-33-67-5; IC 33-33-67-6; IC 33-33-68-4; IC 33-33-68-5; IC 33-33-69-4; IC 33-33-69-5; IC 33-33-70-4; IC 33-33-70-5; IC 33-33-71-8; IC 33-33-71-9; IC 33-33-72-4; IC 33-33-72-5; IC 33-33-73-6; IC 33-33-73-7; IC 33-33-76-4; IC 33-33-76-5; IC 33-33-77-4; IC 33-33-77-5; IC 33-33-79-6; IC 33-33-79.2-6; IC 33-33-79.3-4; IC 33-33-79.4-4; IC 33-33-79.4-13; IC 33-33-82-9; IC 33-33-82-10; IC 33-33-84-5; IC 33-33-84-21; IC 33-33-85-4; IC 33-33-85-5; IC 33-33-87-6; IC 33-33-87-15; IC 33-33-88-4; IC 33-33-88-5; IC 33-33-89-7; IC 33-33-89.2-7; IC 33-33-89.3-4; IC 33-33-89.3-12; IC 33-33-90-4; IC 33-33-90-5; IC 33-33-91-4; IC 33-33-91-5; IC 33-33-92-5; IC 33-33-92-6; IC 34-28-5-10.