Indiana Coalition Against Domestic Violence 2008 Indiana General Assembly Final Report

The 2008 session of the Indiana General Assembly completed its work last Friday, March 14. After extensive negotiations to reach a compromise on property tax reform, in HB 1001, and some spirited fireworks prior to the demise of all immigration bills, both chambers adjourned after passing a relatively small number of bills. This was an extremely active session for issues related to domestic violence, and 3 bills passed benefiting victims of domestic violence, including SB 227: ICADV's priority legislation to update victim/advocate confidentiality law; SB 27: a statutorily required-cooling off period of at least 8 hours for a person arrested for domestic violence; and SB 78: a prohibition against a person convicted of causing the death of another parent from inheriting an intestate share of a child's estate, or a refund of certain insurance premiums paid by the child.

As session started, Senator Vaneta Becker filed SB 299, ICADV's priority bill to ensure that Indiana is in compliance with federal law by providing confidentiality protections to victims of domestic violence, sexual assault, stalking, and dating violence in communications with advocates. Senator Vi Simpson joined as co-author. Senator Richard Bray did not have enough time to hear SB 299 in his committee; however, he agreed to let SB 299 be amended into SB 227 (also authored by Senator Vaneta Becker).

SB 227 was filed by Senator Vaneta Becker to move the sexual assault victims advocate standards and certification board from the Women's Commission to the Indiana Criminal Justice Institute, and this bill passed the Senate unanimously. Representative Linda Lawson sponsored SB 227 in the House, and in her Judiciary committee, Rep. Lawson offered an amendment to include three additional parts: 1. the substance of SB 299; 2. language allowing Judges to issue no-contact orders against individuals in detention, and as part of executed sentences; and 3. a requirement that casinos and horse racing enterprises keep confidential all application information for victims of domestic violence, sexual assault, and stalking. On second reading, the confidentiality protections were expanded to victims of family or domestic violence, human and sexual trafficking, and violent crimes. SB 227 passed the House unanimously, and then went to conference committee for technical clean-up. The conference committee report for SB 227 ultimately passed both chambers unanimously, and is now on its way to the Governor's desk for approval.

Another bill of note was SB 155, which required Health Finance Commission to study which agency should administer domestic violence this summer. When SB 155 was not heard in the House, the language from this bill was amended into HB 1172, which now requires this study, and recommendations for action. ICADV also worked with the advocates for a bill to expand 2-1-1 services, HB 1159, to clarify that the intent was not to supplant existing domestic violence hotlines.

In addition to being very active with testimony, amendments and technical support for the foregoing bills, ICADV was proactive in expressing concerns with other pieces of legislation, all of which did not pass this session. These were: SJR 7, the constitutional amendment to ban gay marriage and its "legal incidents;" SB 172, a bill creating "covenant marriages" in the State of Indiana; HB1205, a bill establishing a rebuttable presumption that joint legal custody is in a child's best interest; and a number of immigration proposals which would have deputized local law enforcement to enforce federal immigration laws, and which would have created crimes for those who transport, harbor or conceal illegal immigrants.

Study will continue this summer concerning many of these issues. Health Finance Commission will be taking testimony and issuing recommendations concerning which state agency should administer domestic violence funding; the Regulatory Flexibility Committee will be studying 2-1-1 services; and it is likely that summer committees will also be studying covenant marriage and presumptive joint custody, and issues pertaining to illegal immigration.

Below are updated summaries of these and other bills. To see full texts of these bills, go to: http://www.in.gov/apps/lsa/session/billwatch/billinfo, type in the bill number and click.
And, for your information, following is a brief description of the property tax bill which occupied much of the legislature's attention this past session: HB 1001 increases homestead credits, and circuit breaker tax credits will be given for the amount that property taxes exceed a capped amount of the assessed gross value of the real estate (phasing in by 2010 to 1% for homeowners; 2% for rental property, assisted livings, nursing homes, and agricultural lands; and 3% for non-residential real estate and personal property.) The renters' deduction will increase from $2500 to $3000 per year, and the earned income tax credit will increase from 6% to 9% of the federal credit. HB 1001 also contains a provision imposing a 2% annual cap on increases in property tax bills for seniors with individual incomes of less than $30,000, or with joint incomes of less than $40,000, and a house valued at less than $160,000. Sales tax will increase from 6% to 7% effective April 1, 2008. Obligations for child welfare, housing juveniles in department of corrections, health care for the indigent, and police and fire pensions, will be shifted from county levies to the state. There are no provisions for payment in lieu of taxes, nor for taxes on services.

I. Domestic Violence

SB0227 Domestic violence and invasion of privacy. (Becker, L. Lawson) Renames the "sexual assault standards and certification board" as the "sexual assault victims advocate standards and certification board" and moves control of the board to the criminal justice institute from the department of workforce development. Moves the sexual assault victims assistance account and all balances and encumbrances to the criminal justice institute from the department of workforce development. Removes the executive director of the commission for women from membership on the commission and adds representatives of the office of family and social services and state department of health as members. Provides that victim advocates and victim services providers may not give testimony, produce records, or disclose certain confidential communications and confidential information without the victim's consent. Provides that a victim may not be forced to consent to the disclosure of confidential information in order to receive services. Requires a victim to be notified if confidential information is disclosed. Makes certain information obtained as part of an application for certain gaming licenses confidential. Allows a court: (1) to prohibit a defendant who has not been released from lawful detention from contacting a particular individual; and (2) to require, as a part of a person's executed sentence, that the person refrain from contact with a particular individual. Makes it a Class A misdemeanor to contact a particular individual in violation of: (1) a prohibition imposed on a defendant while in lawful detention; or (2) a requirement imposed as a condition of an executed sentence. Makes conforming changes. Repeals provisions being superseded by this bill.
03/13/2008 S: Conf Report Adopted(45-0) S
03/13/2008 H: Conf Report Adopted(96-0) H

SB0027 Cooling off period for domestic battery. (Arnold, L. Lawson) Requires a facility having custody of a person arrested for a crime of domestic violence to keep the person in custody for at least eight hours from the time of the arrest, and prohibits a person arrested for a crime of domestic violence from being released on bail during the eight hour period. 03/12/2008 Governor Signed

SB0078 Probate and trust matters. (Zakas, VanHaaften) Including other provisions, specifies: Provides that if a parent was convicted of causing the death of the other parent by murder, voluntary manslaughter, or another criminal act, and the death does not result from the operation of a vehicle, the parent may not receive: (1) an intestate share of the child's estate; or (2) a refund of unused accident and sickness insurance premiums upon the death of the insured child, if the child paid the insurance premiums. 03/18/2008 Received by the Governor .

HB1172 Various professions and occupations. (Welch, Mishler) Now includes study on domestic violence funding. Codifies the uniform emergency volunteer health practitioners act to provide a procedure for recognizing other states' licenses for health practitioners who volunteer to provide assistance during an emergency requiring significant health care assistance. Requires the office of the secretary of family and social services to form a nonprofit corporation to establish and operate an umbilical cord blood bank. Requires the nonprofit corporation to establish an umbilical cord blood donation initiative to promote public awareness concerning the medical benefits of umbilical cord blood. Requires beginning July 1, 2008, and until June 30, 2009, a home health agency and a personal services agency to obtain an employee's limited criminal history not more than three business days after the date that an employee begins to provide services. Establishes criteria when a nursing home is not required to provide cardiopulmonary resuscitation or other intervention on a patient who has died. Makes certain changes to the law concerning defibrillators in health clubs. Amends the definition of "regulated occupation". Removes physician referral requirements to receive acupuncture and specifies training and testing requirements. Amends the places a dental hygienist may practice under direct supervision, prescriptive supervision, and without supervision of a dentist. Establishes requirements for a dental hygienist to administer local dental anesthesia. Requires a dental assistant to work under the direct supervision of a dentist. Specifies certain procedures that may and may not be delegated to a dental assistant. Exempts licensed mental health counselors from the licensed hypnotist requirements. Establishes the interstate nurse licensure compact beginning July 1, 2009. Allows the state board of nursing to issue a registered nurse's license to certain applicants. Requires specified examination and registration fees to be used for the rehabilitation of impaired registered nurses and impaired licensed practical nurses. Allows an optometrist to refer patients to an occupational therapist. Establishes licensing and continuing education requirements for marriage and family therapist associates, and requires emergency rules for the implementation of the licensure. Requires the office of Medicaid policy and planning to receive approval to cover umbilical cord transplants under the Medicaid program. Makes conforming changes. Requires the health finance commission to study domestic violence programs and recommend the most appropriate state agency to administer programs. Repeals a provision that abolishes and transfers the rights, powers, and duties of the state board of examination and registration of nurses. Exact language is as follows: a) As used in this SECTION, "commission" refers to the health finance commission established by IC 2-5-23-3. (b) During the 2008 interim, the commission shall: (1) study domestic violence programs administered by the state; and (2) recommend the most appropriate state agency to administer domestic violence programs. (c) This SECTION expires December 31, 2008.
03/13/2008 H: Conf Report Adopted(67-28) H
03/13/2008 S: Conf Report Adopted(46-1) S

HB1159 211 services. (Welch, Merritt) Requires the regulatory flexibility committee (committee) to study certain issues concerning human service information and referral services in Indiana. Requires the committee to submit a report on its recommendations to the legislative council not later than December 1, 2008.
03/13/2008 H: 1st House Dissent Withdrawn

SB0010 Inmate fraud. (Steele, L. Lawson) Permits the department of correction to freeze all or a portion of an inmate's account while investigating whether the inmate has committed inmate fraud or while a criminal case involving inmate fraud is pending against the inmate. Requires the department to return money in the inmate's account to the rightful owner if the inmate is convicted, and specifies that the money will be deposited in the violent crime victims' compensation fund if the rightful owner cannot be located. Makes it inmate fraud, a Class C felony, for an inmate to, with the intent of obtaining money or other property from a person who is not an inmate, knowingly or intentionally: (1) make a misrepresentation to a person who is not an inmate and obtain or attempt to obtain money or other property from the person who is not an inmate; or (2) obtain or attempt to obtain money or other property from the person who is not an inmate through a misrepresentation made by another person. Authorizes the disclosure of certain information to a person who is or may be the victim of inmate fraud.
03/14/2008 Received by the Governor .

HB1144 Failure to report a dead body. (Pelath, Steele) A person who discovers or has custody of the body of a deceased person and who knowingly or intentionally fails to report the dead body to a public safety officer, coroner, physician, or 911 telephone call center within three hours of finding the body, when it appears the deceased person died by violence, suicide, accident, or under certain other suspicious or unusual circumstances, commits failure to report a dead body, a Class A misdemeanor. Provides that the reporting requirement does not supersede any law governing the reporting of a death by a hospital, health care facility, or provider.
03/13/2008 Governor Signed

Legislation opposed by ICADV which failed to pass: SJR0007 Definition of marriage. (Bray, Hershman, Boots) Amendment to state constitution that provides that marriage in Indiana consists only of the union of one man and one woman. Provides that Indiana law may not be construed to require that marital status or the legal incidents of marriage be conferred upon unmarried couples or groups. Not heard in the House. Amendment is dead. Would require starting again in 2009 and passing same version of the amendment again in 2011 or 2012. HB1205 Joint legal custody. (Pond) Establishes a rebuttable presumption that an award of joint legal custody is in the best interest of a child. Requires a court, if a party seeks to rebut the presumption, to consider: (1) the fitness and suitability of each of the persons awarded joint legal custody; (2) the ability of the parents to communicate and advance the child's welfare; and (3) whether the child has established a close and beneficial relationship with both of the persons awarded joint legal custody. Repeals a provision containing language that is relocated within the Indiana Code. Repeals provisions that provide that a: (1) mother of a child born out of wedlock has sole legal custody of the child; and (2) custodial parent may determine the child's upbringing. Representative Vanessa Summers, Chair of House Family and Children, pulled this bill off the hearing calendar in the House. SB0172 Covenant marriage. (Kruse) Defines "covenant marriage". Provides that a couple may designate a covenant marriage when applying for a marriage license or after marriage. Requires that a marriage license must indicate whether the marriage is a covenant marriage. Establishes the procedure for declaring a covenant marriage. Requires the state department of health to maintain records of covenant marriage declarations. Requires the attorney general to develop an informational pamphlet regarding covenant marriage. Senator Richard Bray, Chair of Senate Judiciary, tabled this bill after hearing some testimony in his committee. Likely to be studied this summer. All immigration bills: SB0335 Illegal alien matters. (Kruse, Delph, Boots, Tincher) Amended into HB 1219 in the Senate. Another House version amended into SB 345 in the House. HB1219 Labor and safety. (Tyler, Kruse) Amended to remove immigration language. SB0345 Labor and safety. (Weatherwax, Niezgodski) Immigration language and rest of bill died in conference committee.

Indiana Coalition Against Domestic Violence 2007 Indiana General Assembly Final Report

SJR0007 Definition of marriage Provides that marriage in Indiana consists only of the union of one man and one woman. Provides that Indiana law may not be construed to require that marital status or the legal incidents of marriage be conferred upon unmarried couples or groups. ICADV opposed the language of this proposed constitutional amendment because it could have a negative impact on Indiana's domestic battery statute, and other laws that refer to those parties "living as spouses". Although it passed the Senate, it did not pass committee in the House and died in 2007. HB1509 Lease protections for domestic violence victims. Provides that a tenant who is a victim or an alleged victim of a crime involving domestic or family violence, a sex offense, or stalking may have the locks of the tenant's dwelling unit changed at the tenant's expense. Prohibits a landlord from taking certain actions related to such a tenant. Provides that such a tenant is entitled to terminate the tenant's rights and obligations under the rental agreement under certain circumstances. Provides such a tenant and the tenant's landlord immunity from civil liability in certain situations and for taking certain actions. Signed into law on April 4th, 2007 by Governor Mitch Daniels! The effective date on this is July 1, 2007. A special thanks to all who worked hard to develop this legislation that will help survivors obtain and retain independence. Please look for special training sessions at our conference in the fall. SB0271 Next of kin control of bodies in murder cases. Prohibits a person who is arrested for one of certain specified crimes in connection with a death from making certain determinations concerning the remains of the victim of the apparent crime for which the person was arrested. Requires the coroner, in consultation with law enforcement, to notify a cemetery owner, a crematory authority, or a seller of prepaid funeral and burial services that the person is barred from making the determinations concerning the remains because of the person's arrest. Specifies the order of priority among individuals permitted to authorize the interment, entombment, or inurnment of the body or cremated remains of a deceased human. Provides that, when a coroner investigates a death, the coroner may hold the remains of the decedent until the investigation is concluded. Permits the parent or adult child of a decedent to receive a full autopsy report and, with certain exceptions, prohibits the parent or adult child from publicly disclosing the contents of the full autopsy report. Signed into law on May 2, 2007 by Governor Mitch Daniels to be effective July 1, 2007. A special thanks to Linda Young for her brave and exceptional work on this. SB0108 Cruelty to animals Requires a court to consider counseling as part of the sentence imposed on an adult or juvenile who has committed animal cruelty. Permits a court to order the adult or juvenile to receive counseling. Signed into law on March 30, 2007 by Governor Mitch Daniels . A special thanks to State Senator Tim Lanane for pursuing this issue so intently and for recognizing that animal abuse is very often a precursor or symptom of domestic abuse. HB 1019 Criminal law matters. This bill includes a couple of important DV issues: we testified in committee to get the interference with custody defense italicized below. This bill also absorbed Senate Bill 283, which originally increased the penalty for battery on a pregnant woman. Now 1019 reads as follows in its entirety: Provides that a person who commits interference with custody must intend to deprive another person of custody rights. Eliminates the condition that, for an individual to commit the offense of interference with custody by failing to return a child to Indiana, the individual must have taken the child outside Indiana. Eliminates the condition under which an individual who takes or detains a child with intent to deprive another of custody or parenting time does not commit the offense of interference with custody unless the individual conceals the child. Provides that an individual who conceals a child with the intent to deprive another of custody or parenting time commits interference with custody even if the individual did not take or detain the child. Provides a defense if the accused person: (1) was threatened; or (2) reasonably believed the child was threatened. Increases the penalty for battery to a Class D felony for an offense against a family or household member if: (1) the person who committed the offense was at least 18 years of age; and (2) the offense occurred while in the physical presence of a child less than 16 years of age who might be able to see or hear the offense. Increases the penalty for battery to a Class C felony if it results in bodily injury to a pregnant woman and the person knew the woman was pregnant. 05/04/2007 Signed into law by Governor Daniels SB0463 Identification required for drivers' licenses Makes certain changes concerning the contents of and application procedure for a driver's license, learner's permit, or identification card to comply with federal law. Provides for varying expiration dates for a driver's license, learners' permit, and identification cards based on the holder's lawful status in the United States. Requires that an application for a driver's license, permit, or identification card by a person who does not have a Social Security number include: (1) a verification of the applicant's ineligibility for a Social Security number; and (2) a verification of the applicant's identity and lawful status in the United States. Permits the bureau to adopt rules to temporarily invalidate a motor vehicle registration, license, permit, or identity card if the bureau believes that the registration, license, permit, or identification card was issued based on fraudulent documentation. Makes other changes and conforming amendments. Makes technical corrections. Provides that an individual participating in the address confidentiality program may provide to the bureau an address designated by the attorney general as the principal residence address. Authorizes the bureau to adopt a written exceptions process to create exceptions for the issuance of driver's licenses, permits, and cards when certain documentary evidence is lacking. Signed into law by Governor Daniels on May 8, 2007. . (Our concern in this bill was that it had no exceptions for victims who are using the Attorney General's Address Confidentiality Program. We were successful in lobbying for inclusion of that language. SB 463 really is much better now because it includes a specific exemption for the AG's ACP, and requires BMV to adopt written exceptions for homeless, those with court-protected addresses, and immigrants who have been victims of extreme cruelty. This is especially important because all the providers will need to know about this law when helping their clients get IDs with confidential addresses. This highlights the importance of helping get all victims into the ACP.)

Indiana Coalition Against Domestic Violence Final Legislative Report: March 20, 2006

Indiana Coalition Against Domestic Violence 2005 Indiana General Assembly Final Bill Report April 29, 2005

Final Session Report The Indiana General Assembly adjourned sine die on April 29, 2005. It was a tumultuous and exhausting session, filled with controversial debates. In the end, a number of ICADV's priority bills have become law, and the budget continues to fund programs to fight domestic violence at $2 million per year. HEA 1113 now contains the provision of HB 1454 which clarifies that service and filing fees cannot be charged for foreign orders of protection, and SEA 32 includes the language from SB 245 which prohibits a person who: (1) is prohibited by court order from possessing a handgun; or (2) has been convicted of a crime of domestic violence (unless a court has restored the person's right to possess a firearm); from obtaining a license to carry a handgun. Also, HEA 1776 will grant law enforcement more ability to remove firearms from dangerous individuals, including perpetrators of domestic violence. SEA 230 includes language allowing the department of correction to establish an automated victim notification system. Fortunately, HB 1692, which ICADV opposed, ultimately did not pass, which would have prohibited employer policies banning employees from bringing guns to work in their locked cars. On the other hand, the House did not hear another bill supported by ICADV: SB 159, which would have required Judges to consider counseling for those convicted of cruelty to animals.

Below are summaries of final legislation of interest to ICADV. To access full texts of these bills, go to: http://www.in.gov/legislative/, click on "Bills and Resolutions," and type in the bill number.

I. Priority Bills

HB1113 Court fees and administration. Creates the DNA sample processing fund to fund the collection, shipment, analysis and preservation of DNA samples. Adds a judicial salaries fee, court administration fee, DNA sample processing fee, and service fee to the fees collected in certain judicial proceedings. Changes the name of the judicial administration fee to the public defense administration fee and increases the fee. Increases the small claims service fee, deferred moving traffic violation fee, and deferred prosecution fee. Provides for 75% of the judicial salaries fee collected by city, town, and Marion County small claims courts to be retained by the jurisdiction in which the court operates. Provides for 100% of the service fees to be retained by the jurisdiction in which the court operates. Provides for the remainder of the fees to be distributed to the state. Allocates revenue equal to the estimated amount to be collected from the increase in the: (1) DNA sample processing fee to the DNA sample processing fund; and (2) public defense administration fee to the public defense fund. Allocate part of the revenue raised from increased fees to the judges' retirement fund. Limits the uses to which funds derived from a pretrial deferral or pretrial diversion program may be put, and requires these funds to be expended in accordance with guidelines adopted by the prosecuting attorneys council. Prohibits persons arrested or charged with operating while intoxicated or an offense involving intoxication or the operation of a motor vehicle that arose from the same episode of criminal conduct as the operating while intoxicated offense from participating in a pretrial diversion or deferral program, and prohibits deferral for certain offenses in connection with the operation of a commercial motor vehicle. Exempts foreign protective orders from filing and service fees. Author: Kathy Kreag Richardson, Sponsor: Connie Lawson 05/06/2005 H: Governor Signed SB0032 Handgun licenses and noncitizens. Permits the issuance of a license to carry a handgun only to: (1) citizens; and (2) noncitizens who are allowed under federal law to carry a firearm in the United States. Prohibits a person who: (1) is prohibited by court order from possessing a handgun; or (2) has been convicted of a crime of domestic violence (unless a court restores the person's right to possess a firearm); from obtaining a license to carry a handgun. Author: Joseph C. Zakas, Sponsor: John Ulmer; 4/21/2005 Governor signed.

II. Other Bills Affecting Domestic Violence

HB1776 Seizing weapons from a dangerous individual. Permits a law enforcement officer to seize a firearm possessed by an individual whom the officer reasonably believes to be dangerous. Requires the firearm to be returned to the individual within 14 days unless a court finds that the individual is dangerous and that retention of the firearm by the law enforcement agency is appropriate. Permits a court to issue a search warrant for a firearm possessed by an individual believed to be dangerous if certain conditions are met. Permits a person from whom a firearm has been seized and ordered retained to petition a court for return of the firearm after 180 days. Authorizes a court to order a firearm retained by a law enforcement agency to be destroyed or otherwise disposed of after five years. Makes conforming amendments. Author: Lawrence Lee Buell, Sponsor: Patricia L. Miller 05/09/2005 H: Governor Signed SB0096 Sentencing. Replaces the fixed term of imprisonment for murder and other felonies with an advisory sentence to be used as a guideline sentence that a court may voluntarily consider as the midpoint between the maximum sentence and the minimum sentence that may be imposed for murder and other felonies. Makes conforming amendments. Author: Glenn L. Howard, David C. Long; Sponsor: Luke Messer 04/25/2005 S: Governor Signed SB0175 Home detention monitoring devices. Changes the definition of "monitoring device" to include a device that can: (1) record information 24 hours a day regarding an offender's location; (2) track where an offender has been; and (3) notify the appropriate agency if an offender violates a home detention order. Requires a probation department or community corrections program that monitors an offender on home detention to: (1) maintain constant supervision of the offender; and (2) have staff available at all times to respond if the offender violates a home detention order. Requires a sex offender or violent offender on home detention to use a monitoring device that can determine the offender's precise location. Makes technical change correcting the definition of "violent offender" for purposes of home detention. Author: Gary Dillon, Sponsor: Tim Neese 04/15/2005 S: Governor Signed

Bills that died:

SB0124 Credit time for pretrial home detention (passed Senate but not heard in House);SB0334, Murder sentencing (passed Senate but not heard in House.); SB0159 Cruelty to animals.(passed Senate but not heard in House.); HB1825 Human and sexual trafficking; matchmaking; intimidation. Author: Terri Jo Austin. Passed second reading but died in boycott. SB0143 Postmortem radiographs. (Not heard.); SB0394 Covenant marriage. (Not heard); SB0182 Insurance practices and victims of abuse. (Not heard.); SB0521 Waiting period for divorce (not heard.) HB1049 Grandparent visitation(Not heard); HB1266 Joint parenting. (Not heard); HB1512 Various family law issues. (Not heard); HB1266 Joint parenting. (Not heard).

III. Other gun bills Bills that are dead:

HB1692 Firearms in locked vehicles; SB0219 Handgun licensing policy. HB1203 Weapon sales on county property. (Not heard);HB1204 Handguns. (Not heard.); HB1205 Destruction of confiscated firearms. (Not heard.) HB1206 Handgun licenses and ammunition.(Not heard); HB1207 Handgun permits and transfers. )(Not heard.); HB1208 Ban on assault weapons.(Not heard); HB1254 Violence free community fee. (Not heard.) SB0477Assault weapons. (Not heard.); SB0610 Violence free community fee. (Not heard.)

IV. Sexual assault

SB0472 Services to sex crime victims. Increases from 48 to 96 hours the time a victim of a sex crime who is at least 18 years of age has to report the crime to qualify for reimbursement for emergency medical services. Provides that a victim less than 18 years of age must report a sex crime to child protective services or a law enforcement officer to qualify for reimbursement, but the action is not subject to any time requirements in doing so. Requires the victim services division of the criminal justice institute to make prompt decisions on applications for reimbursement for emergency services provided to victims of sex crimes. Author: Tim Lanane, Sponsor: Peggy Welch 04/26/2005 S: Governor signed HB1241 DNA samples from felons. Requires a person convicted of: (1) a felony; (2) conspiracy to commit a felony; or (3) attempt to commit a felony; to provide a DNA sample to the department of correction or a sheriff. Permits the department of correction to perform DNA analysis on a sample at any time, and requires the department of correction to perform DNA analysis on a sample when federal funds for testing become available. Provides that the mistaken placement of a DNA sample in the database does not invalidate a conviction based on the DNA sample. Author: Timothy Harris; Sponsor: Joseph C. Zakas 05/04/2005 H: Governor Signed SB0013 DNA testing of felons. Permits the use of DNA data erroneously obtained or added to the DNA data base. Requires a person convicted of: (1) a felony; (2) conspiracy to commit a felony; or (3) attempt to commit a felony; to submit a DNA sample to the department of correction or a sheriff. Permits the department of correction to perform DNA analysis on a sample at any time, and requires the department of correction to perform DNA analysis on a sample when federal funds for testing become available. Author: Joseph C. Zakas; Sponsor: Timothy Harris 04/25/2005 S: Governor Signed SB0164 Sex offender registration. Requires a person convicted of possession of child pornography who has a prior conviction for possession of child pornography to register as a sex offender. Author: Jeff Drozda; Sponsor: John Ulmer 04/21/2005 S: Governor Signed SB0230 Sex offender directory and victim notification. Adds registered neighborhood associations to the list of entities that must periodically receive the sex and violent offender directory published by the criminal justice institute. Allows the department of correction to establish an automated victim notification system. Allows a crime victim to register for the system by telephone. Provides that a system must notify a registered crime victim by telephone when: (1) a committed offender's status changes; or (2) the offender is released or has escaped. Allows a crime victim to obtain the most recent status of an offender by calling the system. Allows money in the victim and witness assistance fund to be used to establish and maintain a victim notification system. Provides that there is no cause of action based on a system's failure to notify. Requires a sheriff or the police chief of Indianapolis to notify the department when a sex offender files a new sex offender registration form if the department has established an automated victim notification system. Author: Teresa S. Lubbers; Sponsor: Vaneta Becker 04/22/2005 S: Governor Signed SB0233 Child solicitation. Provides that a person at least 21 years of age commits the crime of soliciting a child if the person solicits a child at least 14 but less than 16 years of age. (Does not change current law that a person at least 18 years of age commits the crime of soliciting a child if the person solicits a child under 14 years of age). Author: Jeff Drozda; Sponsor: John Ulmer; 05/04/2005 S: Governor Signed SB0525 Life imprisonment for certain repeat sex offenders. Authorizes the state to seek a sentence of life imprisonment without parole for a person who commits a Class A felony constituting a sex offense against a child and who has a prior unrelated Class A felony conviction for a sex offense against a child. Provides that a person serving life without parole does not earn credit time. Author: Joseph C. Zakas; Sponsor: Andy Thomas 04/21/2005 S: Governor Signed

Bills that are dead:

HB1841 State funding for the Kinsey Institute. Provides that state appropriations may not be used for the administration, operation, or programs of the Kinsey Institute for Research in Sex, Gender, and Reproduction (Not heard). SB0040 Sex and violent offender registry. (Not heard.); SB0046 Sexual battery. (Not heard.) SB0097 Repeat sexual offender. (No vote taken in committee.); SB0116 Sex offender penalties. (Not heard.) SB0118 Offender registry(Not heard.); SB0492 Lifetime probation for child molesters. (Not heard.), SB0494 Civil commitment of sexual predators. (Not heard.);SB0522 DNA testing of certain offenders. (Not heard.)

For up-to-date Information regarding the 2005 Legislative Session log on to: www.ai.org or ICADV LBerry@violenceresource.org 317-917-3685 800-538-3393

Indiana Coalition Against Domestic Violence 2004 Indiana General Assembly Final Bill Report April 4, 2004

The 2004 short session of the Indiana General Assembly passed only one bill directly affecting domestic violence: HB 1200, a clean-up of last year's bill facilitating creation of domestic violence fatality review teams. ICADV requested this legislation, and again Rep. Linda Lawson was the primary author. The other sponsors were Rep. Phyllis Pond, Sen. Murray Clark, Sen. Vi Simpson, and Sen. Glenn Howard. Governor Joe Kernan held a ceremonial bill signing for HB 1200 on March 24, with Rep. Lawson, Rep. Pond, and ICADV. It was a very politically charged session because of the impending gubernatorial and House seat elections, with an overlay of anxiety caused by a budget deficit now again around $1 billion. An unusually small number of bills passed, and the session ended rather abruptly on March 4, following a chaotic rush to resurrect many Senate bills in conference committee reports. At the session's end, House Republicans repeatedly walked out of the chamber to protest the non-hearing of a constitutional amendment to ban gay marriage and civil unions, and over 70 Senate bills perished on second or third reading. Only 19 Senate bills emerged under their own numbers. ICADV also actively supported two other pieces of legislation that did not pass this year: HB 1056, and HB 1081, both authored by Rep. Carolene Mays. HB1056, Domestic violence and dissolution of marriage, provided that a court could order a spouse who had been determined to have committed domestic violence to pay attorneys' fees and other expenses of the other spouse. This bill passed the House 95-0, but never received a hearing in the Senate Judiciary committee. Current law does already provide that a court may order one party to pay attorney fees and other expenses for the other party, upon a showing of cause, but this bill was more specific in relating that cause to domestic violence. HB1081, Domestic violence prevention and treatment fee, would have raised the domestic violence prevention and treatment fee(DVPT) from a flat $50 to a range of $50 to $500. The intent was to create more funding for domestic violence shelters and services, and with this understanding the bill passed the House Courts and Criminal Code unanimously. However, legislative services fiscal staff drew our attention to the fact that the bill, as drafted, would not increase funding for domestic violence programs. Under current law, the DVPT fee goes into the State User Fee Fund, along with 7 other fees. Every year about $2.6 million is distributed from the fund to 7 different funds, including the Family Violence and Victim Assistance Fund. The balance all goes to the Judicial Technology and Automation Project Fund. The only way to generate more money for domestic violence from DVPT is to rearrange allocations, and we were not able to do that in a non-budget year, and without knowing exactly how much is generated in DVPT fees. This issue is one that needs to be undertaken this summer in legislative study committee. One significant legislative change was in the area of child protection services. HB 1194, authored by Rep. Avery and sponsored by Sen. Dillon, restores the "indicated" status in child abuse investigation files, creates a statewide child fatality review team, allows for disclosure of child protection files after a child's death (following redaction of "irrelevant" information by a juvenile court), and requires a court to review a criminal history background check before placing a child. SB 194, authored by Sen. Dillon and sponsored by Rep. Orentlicher, creates a rebuttable presumption that a child is a child in need of services if living in the same household as a child victim of certain sex offenses and the perpetrator, and a caseworker determines that informal adjustment has not worked or is inappropriate.

Summaries of the bills that did and did not pass are listed below.

I. Legislation that passed

HB1200 Domestic violence fatality review team. Permits a coroner or deputy coroner to serve on a local domestic violence fatality review team. Requires a team to review a death resulting from domestic violence if the person who caused the death is deceased or is charged with a crime that results in certain types of final judgment. (Current law requires a team review only when the person is charged with a crime resulting in a final judgment of conviction.) Makes the testimony of a local domestic violence fatality review team member or a report, record, or recommendation of a team inadmissible in a criminal or civil proceeding or a disciplinary action by a state agency or municipal corporation if the testimony or the report, record, or recommendation concerns the investigation of a death that the team has reviewed. Author: Linda Lawson, Sponsor: J. Murray Clark 03/16/2004 H: Governor Signed

HB1194 Child abuse. 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. Author: Dennis T. Avery, Sponsor: Gary Dillon SB0194 CHINS. Provides that a child is a child in need of services (CHINS) if the child: (1) lives in the same household as another child who is the victim of certain sex offenses; (2) lives in the same household as the adult who committed the sex offense; (3) needs care, treatment, or rehabilitation that the child is not receiving and that is unlikely to be provided or accepted without the coercive intervention of the court; and (4) has been placed in or has been considered for placement in an informal adjustment program. Establishes a rebuttable presumption that a child is a CHINS if: (1) another child in the same household has been the victim of a sex offense; (2) the offense was committed by an adult living in the household; and (3) the offense resulted in the conviction of the adult or a CHINS adjudication concerning the child victim. Provides that a child presumed to be a CHINS may not be taken into custody unless a court finds cause following a hearing. Author: Gary Dillon, Sponsor: David Orentlicher 03/16/2004 S: Governor Signed

HB1349 Litigation by inmates and gun immunity. Provides that a firearm owner is immune from civil liability for an act or omission relating to a firearm used by another person if the other person directly or indirectly obtained the firearm by means of burglary, robbery, theft, conversion, or receiving stolen property. Author: Alan Chowning, Sponsor: Robert L. Meeks

II. Legislation that did not pass

A. Domestic Violence

HB1056 Domestic violence and dissolution of marriage. Provides that in a dissolution of marriage or legal separation, a court may order an individual to pay certain expenses to the spouse if the court determines in a hearing that the individual committed domestic or family violence against the spouse. Author: Carolene Mays, Sponsor: J. Murray Clark 02/09/2004 S: 1st Reading Assigned Judiciary

HB1081 Domestic violence prevention and treatment fee. Requires that a court order a person who commits certain crimes, including stalking, to pay the domestic violence prevention and treatment fee if the victim is a family or household member. Provides that the domestic violence prevention and treatment fee is at least $50 and not more than $500. Author: Carolene Mays 02/02/2004 H: 2nd Reading Pass

SB0146 Insurer practices and victims of abuse. Imposes certain prohibitions on automobile insurers and homeowners insurers related to insuring an individual who is a victim or a potential victim of abuse. Makes the violation of a prohibition an unfair and deceptive act or practice in the business of insurance. Author: Tim Lanane 01/06/2004 S: 1st Reading Assigned Insurance And Financial Institutions

SB0148 Cruelty to animals. Provides that a person who commits cruelty to an animal must receive psychological, behavioral, or other counseling. Author: Tim Lanane 01/06/2004 S: 1st Reading Assigned Criminal, Civil and Public Policy

B. DNA Testing

SB0017 Expanded DNA testing. Adds residential entry and incest to the crimes for which an offender committed to the department of corrections (DOC) is required to submit a DNA sample, and requires an offender to submit a DNA sample if the offender is convicted of conspiracy or an attempt to commit certain crimes. Permits the use of DNA data erroneously added to the database. Author: Joseph C. Zakas, Sponsor: Ryan Dvorak 02/19/2004 H: Referred to Ways And Means

C. Bills pertaining to sex and violent offender registries

HB1130 Sex registry listing of cases involving a child's death. Provides that a person convicted of a crime resulting in a child's death is required to register as a sex offender if the crime involved a sex offense. Author: Mary Kay Budak

SB0192 Distribution of sex and violent offender directory. Adds neighborhood associations that register with the c