Introduced Version






HOUSE BILL No. 1369

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-47-3-4.5.

Synopsis: Indirect contempt of court. Provides that in an indirect contempt of court case, the prosecuting attorney of the judicial district in which the court has jurisdiction represents the state. Provides that if the prosecuting attorney decides not to prosecute the indirect contempt of court case after reviewing the case, the court may appoint another person who is: (1) an attorney in good standing; and (2) admitted to practice law in Indiana; to prosecute the indirect contempt of court case.

Effective: July 1, 2013.





Neese




    January 22, 2013, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 118th General Assembly (2013)


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HOUSE BILL No. 1369



    A BILL FOR AN ACT to amend the Indiana Code concerning civil law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-47-3-4.5; (13)IN1369.1.1. -->     SECTION 1. IC 34-47-3-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.5. (a) In an indirect contempt of court case under this chapter, the prosecuting attorney of the judicial district in which the court has jurisdiction shall represent the state.
    (b) The prosecuting attorney shall review the relevant facts and questions of law involved in an indirect contempt of court case under this chapter to determine if the case has merit.
    (c) After the review is conducted under subsection (b), if the prosecuting attorney decides not to prosecute the indirect contempt of court case, the court may appoint another person who is:
        (1) an attorney in good standing; and
        (2) admitted to practice law in Indiana;
to prosecute the indirect contempt of court case.