SB 147-1_ Filed 01/31/2007, 14:09
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Judiciary, to which was referred Senate Bill No. 147, has had the
same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (07)CR014701.1. -->
Page 1, delete lines 1 through 9, begin a new paragraph and insert:
SOURCE: IC 33-25-1-1; (07)CR014701.1. -->
"SECTION 1. IC 33-25-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 1. The court of
appeals consists of fifteen (15) eighteen (18) judges, who serve for the
hearing and decision of causes in five (5) six (6) geographic districts
described in section 2 of this chapter under Article 7, Section 5 of the
Constitution of the State of Indiana.
SOURCE: IC 33-25-1-2; (07)CR014701.2. -->
SECTION 2. IC 33-25-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2. Indiana is
divided into
five (5) six (6) geographic districts, which shall be
designated as the "court of appeals - First District; Second District;
Third District; Fourth District;
and Fifth District;
and Sixth District"
as follows:
(1) First District: Bartholomew, Boone, Brown, Clark, Clay,
Crawford, Daviess, Dearborn, Decatur, Dubois, Fayette, Floyd,
Fountain, Franklin, Gibson, Greene, Hancock, Harrison,
Hendricks, Henry, Jackson, Jefferson, Jennings, Johnson, Knox,
Lawrence, Martin, Monroe, Montgomery, Morgan, Ohio, Orange,
Owen, Parke, Perry, Pike, Posey, Putnam, Randolph, Ripley,
Rush, Scott, Shelby, Spencer, Sullivan, Switzerland, Union,
Vanderburgh, Vermillion, Vigo, Warrick, Washington, and
Wayne.
(2) Second District: Adams, Blackford, Carroll, Cass, Clinton,
Delaware, Grant, Hamilton, Howard, Huntington, Jay, Madison,
Marion, Miami, Tippecanoe, Tipton, Wabash, Wells, and White.
(3) Third District: Allen, Benton, DeKalb, Elkhart, Fulton, Jasper,
Kosciusko, LaGrange, Lake, LaPorte, Marshall, Newton, Noble,
Porter, Pulaski, St. Joseph, Starke, Steuben, Warren, and Whitley.
(4) The entire state constitutes the Fourth District.
(5) The entire state constitutes the Fifth District.
(6) The entire state constitutes the Sixth District.
SOURCE: IC 33-25-1-3; (07)CR014701.3. -->
SECTION 3. IC 33-25-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 3. (a) Judges of
the First, Second, and Third Districts of the court of appeals must have
resided in their respective districts before appointment to the court.
However, judges of the court of appeals appointed before July 1, 1993,
must reside in the district from which they are appointed.
(b) The following requirements apply to judges of the Fourth, and
Fifth, and Sixth Districts of the court of appeals:
(1) One (1) judge must have resided in the First District before
appointment to the court.
(2) One (1) judge must have resided in the Second District before
appointment to the court.
(3) One (1) judge must have resided in the Third District before
appointment to the court.
(c) When a vacancy is created in the court of appeals, the individual
who is appointed by the governor to fill the vacancy must be a resident
of the district in which the vacancy occurred.".
SOURCE: IC 33-33-22-3; (07)CR014701.4. -->
SECTION 4. IC 33-33-22-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) IC 33-29-1-3
does not apply to this section.
(b) The Floyd superior court has one (1) judge, two (2) judges, who
shall be elected at the general election every six (6) years in Floyd
County. The A judge's term begins January 1 following the judge's
election and ends December 31 following the election of the judge's
successor.".
SOURCE: Page 2, line 5; (07)CR014701.2. -->
Page 2, line 5, after "judges" insert " .".
Page 2, line 5, strike "who shall hold sessions in".
Page 2, strike line 6.
Page 2, delete lines 7 through 17, begin a new paragraph, and insert:
SOURCE: ; (07)CR014701.8. -->
"SECTION 8. [EFFECTIVE JULY 1, 2007] (a) Notwithstanding
IC 33-33-22-3, as amended by this act, the Floyd superior court is
not expanded to two (2) judges until January 1, 2009.
(b) The initial election of the judge of the Floyd superior court
added by IC 33-33-22-3, as amended by this act, is the general
election on November 4, 2008. The term of the initially elected
judge begins on January 1, 2009.
(c) This SECTION expires January 2, 2009.".
SOURCE: Page 2, line 26; (07)CR014701.2. -->
Page 2, delete lines 26 through 33, begin a new paragraph and
insert:
SOURCE: ; (07)CR014701.10. -->
"SECTION 10. [EFFECTIVE JULY 1, 2007]
(a) The judicial
nominating commission shall, in accordance with IC 33-27-3,
nominate three (3) candidates for each of the three (3) judgeships
for the court of appeals - Sixth District created by IC 33-25-1, as
amended by this act. The commission shall submit the nominations
to the governor before July 1, 2008.
(b) The governor shall appoint the three (3) initial judges of the
court of appeals - Sixth District from the list of nominees submitted
by the judicial nominating commission. The effective date of the
appointments is January 1, 2009.
(c) The Indiana department of administration, with the
approval of the chief judge of the court of appeals, shall arrange
for facilities for the court of appeals - Sixth District in Indianapolis
before January 1, 2009.
(d) This SECTION expires January 2, 2009.".
Renumber all SECTIONS consecutively.
(Reference is to SB 147 as introduced.)
and when so amended that said bill be reassigned to the Senate Committee on Appropriations.
Committee Vote: Yeas 9, Nays 0.
____________________________________
Bray
CR014701/DI 106 2007