Introduced Version






HOUSE BILL No. 1393

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-23-17; IC 33-24-6-3; IC 33-37-5-21.

Synopsis: Judicial technology and automation. Establishes the judicial technology oversight committee (committee) to: (1) conduct a continuous study of information technology applications for Indiana's judicial system; (2) develop a long range strategy for technology and automation in Indiana's judicial system; and (3) make recommendations to the supreme court concerning the implementation of policies, standards, and rules that promote the effective use of technology and automation in Indiana courts. Provides that the committee consists of: (1) the chief justice of the supreme court; (2) the chief information officer of the office of technology; (3) one member of the senate; (4) one member of the house of representatives; (5) one trial court judge; (6) one circuit court clerk; and (7) one attorney admitted to the practice of law in Indiana. Increases the automated record keeping fee from $5 to $10 for all civil, criminal, infraction, and ordinance violation actions except actions resulting in the accused person entering into a: (1) pretrial diversion program agreement; or (2) deferral program agreement. Provides that the automated record keeping fee is $5 for all civil, criminal, infraction, and ordinance violation actions resulting in the accused person entering into a: (1) pretrial diversion program agreement; or (2) deferral program agreement.

Effective: July 1, 2013.





Steuerwald, Richardson, Stemler




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







Introduced

First Regular Session 118th General Assembly (2013)


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.
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HOUSE BILL No. 1393



    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 33-23-17; (13)IN1393.1.1. -->     SECTION 1. IC 33-23-17 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 17. Judicial Technology Oversight Committee
    Sec. 1. As used in this chapter, "committee" refers to the judicial technology oversight committee established in section 2 of this chapter.
    Sec. 2. (a) The judicial technology oversight committee is established.
    (b) The committee consists of the following seven (7) members:
        (1) The chief justice of the supreme court or the chief justice's designee.
        (2) The chief information officer of the office of technology appointed under IC 4-13.1-2-3 or the chief information officer's designee.
        (3) One (1) member of the senate appointed by the president pro tempore of the senate.
        (4) One (1) member of the house of representatives appointed by the speaker of the house of representatives.
        (5) One (1) trial court judge appointed by the president of the Indiana Judges Association.
        (6) One (1) circuit court clerk appointed by the president of the Association of Clerks of Circuit Courts of Indiana.
        (7) One (1) attorney in good standing admitted to the practice of law in Indiana appointed by the president of the Indiana State Bar Association.
    (c) The term of each appointed member of the committee is two (2) years. A member appointed to fill the unexpired term of a member serves until the end of the unexpired term.
    Sec. 3. (a) The chief justice or the chief justice's designee shall serve as the chairperson of the committee.
    (b) The committee shall meet at the call of the chairperson.
    Sec. 4. The committee shall do the following:
        (1) Conduct a continuous study of information technology applications for Indiana's judicial system.
        (2) Develop a long range strategy for technology and automation in Indiana's judicial system, including:
            (A) establishing plans for funding and implementing technology and automation; and
            (B) studying any other issues the committee considers appropriate.
        (3) Make recommendations to the supreme court concerning the implementation of policies, standards, and rules that promote the effective use of technology and automation in Indiana courts.
    Sec. 5. The division of state court administration shall staff the committee.
    Sec. 6. (a) Except as provided in subsection (b), per diem, mileage, travel allowances, and other expenses paid to committee members shall be paid from appropriations made to the supreme court.
    (b) Per diem, mileage, and travel allowances paid to committee members who are members of the general assembly shall be paid from appropriations made to the legislative council or the legislative services agency.
    Sec. 7. Each member of the committee who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other

expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    Sec. 8. Each member of the committee who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    Sec. 9. Each member of the committee who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council.
    Sec. 10. The affirmative votes of a majority of the members of the committee are required for the committee to take action on any measure.

SOURCE: IC 33-24-6-3; (13)IN1393.1.2. -->     SECTION 2. IC 33-24-6-3, AS AMENDED BY P.L.1-2010, SECTION 132, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The division of state court administration shall do the following:
        (1) Examine the administrative and business methods and systems employed in the offices of the clerks of court and other offices related to and serving the courts and make recommendations for necessary improvement.
        (2) Collect and compile statistical data and other information on the judicial work of the courts in Indiana. All justices of the supreme court, judges of the court of appeals, judges of all trial courts, and any city or town courts, whether having general or special jurisdiction, court clerks, court reporters, and other officers and employees of the courts shall, upon notice by the executive director and in compliance with procedures prescribed by the executive director, furnish the executive director the information as is requested concerning the nature and volume of judicial business. The information must include the following:
            (A) The volume, condition, and type of business conducted by the courts.
            (B) The methods of procedure in the courts.
            (C) The work accomplished by the courts.
            (D) The receipt and expenditure of public money by and for the operation of the courts.
            (E) The methods of disposition or termination of cases.
        (3) Prepare and publish reports, not less than one (1) or more than two (2) times per year, on the nature and volume of judicial work performed by the courts as determined by the information required in subdivision (2).
        (4) Serve the judicial nominating commission and the judicial qualifications commission in the performance by the commissions of their statutory and constitutional functions.
        (5) Administer the civil legal aid fund as required by IC 33-24-12.
        (6) Administer the judicial technology and automation project fund established by section 12 of this chapter.
        (7) Develop a standard protocol for the exchange of information, by not later than December 31, 2009:
            (A) between the protective order registry, established by IC 5-2-9-5.5, and county court case management systems;
            (B) at the option of the county prosecuting attorney, for:
                (i) a prosecuting attorney's case management system;
                (ii) a county court case management system; and
                (iii) a county court case management system developed and operated by the division of state court administration;
            to interface with the electronic traffic tickets, as defined by IC 9-30-3-2.5; and
            (C) between county court case management systems and the case management system developed and operated by the division of state court administration.
        (8) Establish and administer an electronic system for receiving information that relates to certain individuals who may be prohibited from possessing a firearm and transmitting this information to the Federal Bureau of Investigation for inclusion in the NICS.
         (9) Staff the judicial technology oversight committee established by IC 33-23-17-2.
    (b) All forms to be used in gathering data must be approved by the supreme court and shall be distributed to all judges and clerks before the start of each period for which reports are required.
    (c) The division may adopt rules to implement this section.
SOURCE: IC 33-37-5-21; (13)IN1393.1.3. -->     SECTION 3. IC 33-37-5-21, AS AMENDED BY P.L.229-2011, SECTION 258, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 21. (a) This section applies to all civil, criminal, infraction, and ordinance violation actions.
    (b) The clerk shall collect an automated record keeping fee as follows:
        (1) Seven dollars ($7) after June 30, 2003, and before July 1, 2011.
        (2) Five dollars ($5) after June 30, 2011. of:
        (1) ten dollars ($10) in all actions except actions described in subdivision (2); and
        (2) five dollars ($5) with respect to actions resulting in the accused person entering into a:
            (A) pretrial diversion program agreement under IC 33-39-1-8; or
            (B) deferral program agreement under IC 34-28-5-1.