Rep. Wendy McNamara

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.

Provides that a pregnant woman charged with a drug crime may be referred to a forensic diversion program or a drug court at an initial hearing.

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.

Changes the name of the northwest Indiana law enforcement academy and the northwest Indiana law enforcement training center. Removes the research and information consortium from the composition of the Indiana criminal justice institute (institute). Provides that the board of trustees of the institute shall designate four subcommittees. Provides for the continued existence of the institute's division of victim services. Provides that the board of trustees for the criminal justice institute must approve certain official actions. Repeals a provision concerning certain joint applications for a particular federal grant. Allows the institute to refer a matter to the inspector general. Changes requirements for a state entity purchasing or leasing a vehicle. Allows for advances of certain grant funds administered by the institute to be awarded before July 1, 2025. 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.

Provides that a state employee may affirmatively elect to enroll in the deferred compensation plan prior to the auto enroll date on day 31 of the state employee's employment. Removes a provision that sets a maximum employer surcharge for the legislators' defined benefit plan, state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan, public employees' retirement fund, and Indiana state teachers' retirement fund (fund). Requires the board of trustees of the Indiana public retirement system (board) to develop the technological and administrative capabilities sufficient to categorize fund members into separate groups in which: (1) certain members receive a service based thirteenth check; and (2) certain members receive a cost of living adjustment. Requires the board to set the surcharge rates at a level to actuarially prefund: (1) annual indexed thirteenth checks for all current retired members and beneficiaries retired before July 1, 2025; and (2) 1% annual cost of living adjustments to future in-payment members and beneficiaries retired on or after July 1, 2025. Provides that the board shall not reduce the surcharge rates from the prior year. Allows the board to increase the surcharge rates by not more than 0.1% of payroll from the prior year. Requires certain political subdivisions to present to the interim study committee on pension management oversight regarding a delinquent employee retirement plan offered by the political subdivision. Requires, effective July 1, 2025, the trustee of the state police pension trust to maintain two supplemental allowance reserve accounts for the purpose of paying postretirement benefit adjustments. Increases the maximum date that a member or participant of certain retirement funds can participate in the deferred retirement option plan from 36 to 60 months. Requires the member or participant to notify their employer if the member or participant elects to enter or extend the deferred retirement option plan. Provides for a thirteenth check in 2024 for certain members, participants, or beneficiaries of the: (1) Indiana state teachers' retirement fund; (2) Indiana public employees' retirement fund; (3) state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan; (4) state police pre-1987 benefit system; and (5) state police 1987 benefit system.

Requires the division of mental health and addiction to establish a training program to certify a competency evaluator to assist a court in determining competency. Provides that certain licensed individuals may examine a defendant and testify as to whether the defendant can understand the criminal proceedings and assist in the preparation of the defendant's defense. Allows a court to dismiss criminal charges, without prejudice if the defendant has a certain diagnosis and the defendant is charged with a misdemeanor or Level 6 felony. Makes conforming changes.

Relocates requirements that the board of pharmacy must comply with when adopting interim rules declaring a substance a synthetic drug from the professional licensing law to the statutes governing administrative rulemaking. Makes certain changes to the lists of controlled substances.

Provides that an individual less than 18 years of age is not required to wear a helmet while operating or riding on an off-road vehicle if certain requirements are met. Provides that a person may not knowingly authorize or permit an individual less than 18 years of age to operate or ride on an off-road vehicle in violation of the statute providing helmet requirements for off-road vehicle operators.