Legislation Archive

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LIST OF BILLS BEING TRACKED BY POPAI LEGISLATIVE COMMITTEE
MARCH 9, 2004
Compliled by Linda Brady
For more information on these bills, go to Access Indiana Billwatch.

HB 1136 Methamphetamine abuse task force.
Synopsis: Establishes a task force which expires June 30, 2007 to review information and develop a long range plan for combating the abuse and manufacturing of methamphetamine.
Current Status: Signed by the President Pro Tempore.

HB 1194 Child abuse reporting.
Synopsis: Provides that a child protective services child abuse or neglect report may conclude that abuse or neglect is indicated. (Current law allows only substantiated and unsubstantiated findings.) Provides that criminal history checks are required of certain individuals. Requires the local child protection service to provide training to caseworkers concerning the statutory and constitutional rights of persons subject to investigation. Establishes the statewide child fatality review team to investigate fatalities involving children. Requires the disclosure of information relevant to establishing the facts and circumstances concerning the death of a child determined to be the result of abuse, abandonment, or neglect if this information has been redacted by a juvenile court to exclude irrelevant information, including identifying information. Specifies that information concerning caseworkers and employees of certain social service agencies is not to be redacted. Provides that the juvenile court has 30 days to redact the record. Permits a court to place a child in the home of a person having a substantiated report of abuse or neglect, or in the home of a person who has committed certain crimes or delinquent acts, only if the court makes a written finding that the placement is in the best interest of the child, and that the conviction, adjudication, or substantiated report is not relevant to the person's present ability to care for a child, and specifies certain factors that the court must consider in its order. Prohibits a court from placing a child in a home with a person who has committed certain other specified felonies or juvenile offenses. Provides that a CPS child abuse or neglect report may conclude that abuse or neglect is indicated. (Current law allows only substantiated and unsubstantiated findings.) Provides that criminal history checks are required of certain individuals.
Current Status: Conference committee report adopted by House and Senate.

HB 1394 Driving while intoxicated and causing death.
Synopsis: To honor the memory of Representative Roland Stine, provides that a person at least 21 years of age who causes the death of another person while operating a motor vehicle with an alcohol concentration of at least 0.15 gram of alcohol per: (1) 100 milliliters of the person's blood or 210 liters of the person's breath; or with a Schedule I or II controlled substance in the blood; commits a Class B felony. Provides that a person who causes the death of another person while having a BAC of between .08% and .15% , and who knowingly operated the motor vehicle with driver's license that was suspended or revoked based on a previous conviction for OWI commits a Class B felony. Provides that a person at least 21 years of age who operates while intoxicated a motor vehicle in which at least one passenger is less than 18 commits a Class D felony. Requires lifetime license suspension of a person with two convictions for OWI causing death.
Current Status: House concurred in Senate amendments.

HB 1449 Curfew violations.
Synopsis: Provides that a law enforcement officer may not detain a child or take a child into custody for a curfew violation unless the law enforcement officer reasonably believes: (1) the child has violated the curfew law; and (2) there is not a defense to the curfew violation.
Current Status: House concurred in Senate amendments.

HB 1437 Treatment of nonviolent drug offenders.
Synopsis: Corrections. Creates a forensic diversion program to provide community treatment and mental health and addiction services for offenders suffering from mental illness or addictive disorders who have not been charged or convicted of a violent crime. Requires a county having a community corrections advisory board to formulate a forensic diversion plan, and permits a county without a community corrections advisory board to establish a forensic diversion advisory board to operate a forensic diversion program. Offenders eligible for the program who have been charged with a non-violent misdemeanor or D felony that can be reduced to a misdemeanor are required to plead guilty before participating in the program. Persons already convicted of a crime that is not a violent crime or a drug dealing offense may participate in the program as a condition of probation. Specifies that offenders convicted of certain crimes may not participate in the forensic diversion plan. Establishes a forensic diversion study committee. Requires the department of correction to determine the average daily cost of incarceration and the anticipated future costs of incarceration. Requires each county sheriff to provide the department of correction with the average daily cost of incarceration in a county jail. Repeals the existing forensic diversion program. Establishes a judicial administration fee and requires court clerks to semiannually distribute to the auditor of state for deposit in the state general fund 100% of the judicial administration fee collected. Increases the amount transferred semi-annually for deposit into the public defense fund from $1,200,000 to $1,700,000 in FY05 and $2,200,000 in following state fiscal years. Provides a range of dates under which a person is eligible for release to a community transition program, permits persons convicted of murder to participate in the program, and makes other changes. Requires training in interacting with persons with mental illness, addictive disorders, mental retardation, and developmental disabilities for law enforcement personnel, jail officers, probation officers, and correctional officers. Changes the designation of time of community restitution or service for a person convicted of operating a vehicle while intoxicated (OWI) from days to hours. Provides that a school is entitled to receive juvenile court records for a student of the school under certain circumstances. Provides immunity for improper disclosures of education records made in good faith. Allows a court to order restitution payments that are a condition of probation to be paid to a probation department that must forward the restitution payments to a victim, victim's family, or victim's estate. Provides that for purposes of the battery by bodily waste statute, an individual employed by certain courts is a "corrections officer."
Current Status: Conference committee report 1 adopted by the House and Senate.


BILLS WHICH DID NOT PASS BOTH HOUSES

SB 0154 Operating a vehicle while intoxicated.

SB 0017 Expanded DNA testing.

SB 0104 Student suspensions and expulsions.

SB 0139 Forensic diversion program. Combined with HB 1437.

SB 0220 Communication between schools and juvenile courts. Combined with HB 1437.

SB 0179 Community restitution or service for OWI offenses. Combined with HB 1437.

SB 0233 Restitution as a condition of probation. Combined with HB 1437.

SB 0271 Law enforcement training academy - MRDD training. Combined with HB 1437. “The conference shall, in cooperation with the division of mental health and addiction (IC 12-21) and the division of disability, aging, and rehabilitative services (IC 12-9-1), provide probation departments with training and technical assistance concerning mental illness, addictive disorders, mental retardation, and developmental disabilities.”