Rep. Greg Steuerwald

Makes numerous changes to the criminal law, including: (1) changing references from "county prosecuting attorney" to "prosecuting attorney"; (2) specifying the membership of county school safety commissions; (3) removing and replacing the organized theft statute; (4) increasing the penalty for fraud and battery under certain circumstances; and (5) defining "abusive head trauma" and permitting it to be used as an aggravating circumstance. Makes unlawful carrying of a handgun by a child a waivable offense. Specifies that "telephone sales call" includes certain types of electronically transmitted information. Makes certain other changes for consistency.

Requires the justice reinvestment advisory council (council) to conduct a study on criminal indigency determinations by all Indiana trial courts. Requires the council to submit a report containing recommendations on specified topics to the legislative council before July 1, 2025. Changes the name of the Indiana public defender commission to the Indiana commission on court appointed attorneys (commission). Provides that from July 1, 2025, through June 30, 2029, certain counties may be reimbursed for 40% of indigent defense services provided for misdemeanors in a superior or circuit court. (Current law excludes misdemeanors from reimbursement.) Requires the commission to submit a report to the legislative council and the budget committee not later than December 1, 2029, concerning the 40% reimbursement for indigent defense services provided for misdemeanors. Requires each clerk of the court to make an annual report to the commission concerning certain fees. Changes the distribution of fees for indigent defendant representation. Increases certain fees if a court finds a person is able to pay the cost of representation by counsel. Prohibits the commission from: (1) receiving additional appropriations from the general assembly for misdemeanor reimbursement; or (2) reimbursing certain counties for misdemeanor reimbursement; before July 1, 2029. Provides that each court in certain counties receiving reimbursement from the public defense fund shall require a person claiming indigency to submit a uniform form, prescribed by the office of judicial administration, to assist the court in determining whether the person is indigent. Specifies that such courts shall review or designate a staff member to review the form submitted to ensure accuracy of the information contained in the form. Allows such a court to request any additional information needed from the person to verify the accuracy of the information submitted in the form.

Prevents a CPAP provider from making any decision, having any influence, or directing the consumer claimant or the consumer claimant's attorney with respect to the conduct of the underlying civil proceeding. Provides that a commercial litigation financier may not provide funding to a commercial litigation financing agreement that is financed by a foreign entity of concern. Prevents a party from sharing information subject to a court order to seal or protect that is received in the course of the civil proceeding with a commercial litigation financier. Provides that a commercial litigation financier may not make any decision, have any influence, or direct the plaintiff with respect to the underlying civil proceeding. Specifies that a commercial litigation financing agreement is subject to discovery. Requires the plaintiff or the plaintiff's attorney to provide written notice of a commercial litigation financing agreement if the agreement is directly or indirectly financed by a foreign person.

Increases: (1) the amount of attorney's fees that may be incurred by an offeror to $250 per hour; and (2) the total amount of attorney's fees, costs, and expenses that may be awarded to not more than $5,000; with respect to a qualified settlement offer.

Expands the definition of a "health care representative". Creates a procedure to transfer the interest of certain single member, limited liability companies to a legatee or heir of the member upon the member's death. Provides that certain provisions in a will or revocable trust in favor of the testator's or trust settlor's former spouse are revoked upon dissolution or annulment of the marriage. Specifies that the provisions in favor of the testator's or trust settlor's former spouse are reinstated if the testator or the settlor remarries the former spouse. Provides that a court may order a convicted felon to serve as a domiciliary personal representative under certain circumstances. Provides that a claim by the estate recovery unit is forever barred unless the estate recovery unit takes certain action against the decedent's estate not later than 120 days after the date of death of the decedent. Provides that a personal representative or a trustee is not required to distribute particular assets based upon the potential gain or loss that a distributee would realize if the assets were sold. Provides that a verified petition for the issuance of a confidential health disclosure order must state whether the alleged incapacitated person cannot provide or has refused to provide written authorization for disclosure of certain medical information. Provides that a document creating a power of attorney that does not contain a notary and preparation statement may be recorded with the county recorder if the document meets certain criteria. Provides signature formats for an attorney in fact to use when signing an instrument on behalf of a principal. Provides recording requirements when including cross-references to a previously recorded document. Requires the endorsement of the county auditor to record a transfer on death deed and instrument. Specifies who an owner may designate as a grantee in a beneficiary designation instrument. Clarifies the form and scope of a transfer on death instrument. Resolves a technical conflict with HEA 1034-2024. Makes conforming and technical changes. (The introduced version of this bill was prepared by the probate code study commission.)

Provides that for counties other than Marion County, contracts entered into by the county (including contracts executed by county elected officers) must meet certain requirements. Allows the county executive to adopt an ordinance that delegates authority to other county elected officers and employees to approve contracts. Requires county elected officers to have certain contracts: (1) executed by the county executive; or (2) submitted for review by the county attorney and county executive. Provides that if the county attorney advises the county executive that a contract of a county elected officer does not comply with state law or the public purchasing or bidding laws, the county executive may disapprove the contract. Allows the county executive to void a contract if a county officer fails to comply with the review process.

Requires the Indiana criminal justice institute and the department of correction to collect and distribute certain criminal justice data.

Removes provisions in current law specifying that services provided to an individual while the individual is committed to a facility for mental health services are medically necessary when provided in accordance with generally accepted clinical care guidelines. Requires Medicaid reimbursement for Medicaid covered services provided to a Medicaid recipient while the individual is detained to a facility for mental health services. Sunsets this provision on June 30, 2025. Requires, on or before February 1, 2025, the office of the secretary of family and social services to report to the budget committee certain information for Medicaid claims data ranging from July 1, 2024, to December 31, 2024. Amends the requirements for an application for detention.

Makes the office of administrative law proceedings the ultimate authority in any administrative proceeding under its jurisdiction. Provides certain exceptions. Provides that the bill applies to certain proceedings filed after June 30, 2024. Specifies when a state agency may be required to pay reasonable attorney's fees for judicial review proceedings. Outlines procedures for the ultimate authority regarding nonfinal orders and procedures to file objections to final orders. Permits a final order to be corrected by means of a motion to correct error. Provides that the court shall decide all questions of law, including any interpretation of a federal or state constitutional provision, state statute, or agency rule, without deference to any previous interpretation made by the state agency. Provides that a court is not bound by a finding of fact made by the ultimate authority if the finding of fact is not supported by the record. Requires the state agency to transmit the agency record to the court for judicial review. Eliminates the office of environmental adjudication and transfers proceedings to the office of administrative law proceedings. Creates requirements for administrative law judges that are assigned to certain environmental matters. Provides that until the office of administrative law proceedings adopts or amends rules related to environmental matters, it must continue to follow and implement rules under 315 IAC. Requires the office of administrative law proceedings to continue to index and make publicly available, in a substantially similar online searchable format, the final orders of contested appeals currently maintained by the office. Makes conforming changes.

Amends the definition of "eligible student" to include a sibling of a student with a disability with regards to the education scholarship account program (ESA). Provides that the sibling may not use the ESA account for certain ESA qualified expenses. Provides that an annual grant amount awarded under the career scholarship account (CSA) program may be used for costs related to obtaining a driver's license if certain conditions are met. Establishes conditions regarding the amount of funds that may be used from CSA annual grant amounts for transportation costs. Amends certain requirements regarding ESA and CSA participating entities regarding providing evidence of unencumbered assets. Changes certain CSA application time frames from seven days to 30 days. Requires each state educational institution to provide to the commission for higher education (commission) certain information regarding degrees, degree completion, faculty members, administrative support staff, costs, compensation, and debt loads. Requires the commission to prepare longitudinal analysis regarding certain data. Requires each private postsecondary educational institution and each out-of-state public and nonprofit degree granting institution that offers instructional or educational services or training in Indiana to provide to the department of education information to carry out certain reporting requirements and requirements related to the Indiana Graduates Prepared to Succeed dashboard. Allows for the revocation of an out-of-state public or nonprofit degree granting institution's authorization if the institution fails to provide the information. Adds teaching to the employment sectors eligible for the next level jobs employer training grant program. Amends requirements regarding: (1) eligibility for career coaching grants; and (2) instruction on career awareness.