Rep. Ed DeLaney

Provides for an adjusted gross income tax credit for donations to a public school foundation. Provides that the maximum individual taxpayer credit is $1,000 in the case of a single return or $2,000 in the case of a joint return. Provides that the maximum corporate taxpayer credit is the greater of 10% of the corporation's total adjusted gross income tax liability or $10,000.

Provides that, after January 21, 2021, the office of community and rural affairs (office) may use money in the rural economic development fund to provide grants for use by a nonprofit organization in assisting one or more refugees in relocating to an Indiana county that has provided notice to the office of the county's willingness to accommodate refugees. Provides for distribution of 90% of a grant to the nonprofit organization that applies for the grant, and 10% of the grant to the county specified in the grant application as the county that will accommodate the refugee or refugees.

Repeals all provisions concerning the county jail overcrowding task force. Adds additional members to the justice reinvestment advisory council ("advisory council"), including members of the Indiana evidence based decision making initiative (which is a partnership between state and local criminal justice stakeholders). Specifies the purpose and certain duties of the advisory council, including: (1) to conduct a state level review and evaluation of jail overcrowding to identify a range of possible solutions; and (2) to develop incarceration alternatives and recidivism reduction programs at the county and community level by promoting the development of the incorporation of evidence based decision making into decisions concerning jail overcrowding. Provides that the advisory council may make a recommendation to the county sheriffs concerning strategies to address jail overcrowding and implementing evidence based practices for reducing recidivism for individuals in county jails. Requires the criminal justice institute to coordinate with state and local criminal justice agencies for the collection and transfer of data from sheriffs concerning jail: (1) populations; and (2) statistics; for the purpose of providing jail data to the management performance hub.

Provides that a student meets the residency requirements for enrollment at a public school if a parent of the student: (1) is transferred to or is pending transfer to a military installation within Indiana while on active duty pursuant to an official military order; and (2) submits to the public school certain information, including official documentation, as determined by the state board of education, regarding the transfer or pending transfer. Provides that the student is considered to have legal settlement in the attendance area of the school corporation in which the parent: (1) has submitted the required application and documentation; and (2) intends to reside. Requires a parent who is transferred to or is pending transfer to a military installation within Indiana to provide proof of residence to the public school not later than 10 instructional days after the arrival date provided on the required documentation. Provides that if the parent of the student fails to provide the proof of residence, the public school may exclude the student from attendance pending an expulsion proceeding. Makes the following changes to provisions concerning resident tuition rate eligibility for active duty armed forces personnel and dependents of active duty armed forces personnel: (1) Defines "dependent". (2) Amends the definition of "qualified course". (3) Provides that spouses of active duty armed forces personnel are eligible for the resident tuition rate. (4) Provides that spouses and dependents of active duty armed forces personnel are eligible, from the date that the state educational institution accepts the spouse or dependent for enrollment, for the resident tuition rate if the spouse or dependent enrolls in the state educational institution within a certain amount of time. (5) Provides that a dependent or spouse of a person who serves on active duty in the armed forces is eligible for the resident tuition rate for the duration of the spouse's or dependent's continuous enrollment at a state educational institution regardless of whether the person serving on active duty continues, after the spouse or dependent is accepted for enrollment in the state educational institution, to satisfy certain resident rate tuition eligibility criteria.

Provides that the state board of education (state board) shall determine the timing, frequency, and method of certain teacher training requirements, including whether the training should be required for purposes of obtaining or renewing a license or as part of the completion requirements for a teacher preparation program. Provides that the following apply to nonpublic schools accredited by a national or regional accrediting agency recognized by the state board: (1) Indiana secured school fund provisions. (2) Certain sale of school building provisions. (3) Certain textbook assistance provisions. Changes a provision concerning waivers from postsecondary readiness competency requirements that references "nonaccredited nonpublic school" to "nonaccredited nonpublic school that has less than one employee". Provides that the state board and the governing body of a school corporation or nonpublic school may not enter into, renew, or otherwise extend a contract to establish a freeway school after June 30, 2020. Provides that provisions relating to the establishment and administration of freeway schools expire July 1, 2025. Establishes new requirements to accredit a public or private school in Indiana. Provides that the state board may grant an application by a school or group of schools that requests to waive compliance with certain statutes or rules. Requires the state board to annually prepare a report that includes certain information regarding compliance waiver requests and provide the report to the general assembly. Provides that a school corporation may publish in a local newspaper a summary of the annual performance report with a description of how to find and view the full annual performance report on the Internet in lieu of publishing the whole annual performance report. Provides that a school corporation may publish in a local newspaper a summary of the annual financial report with a description of how to find and view the full annual financial report on the Internet in lieu of publishing the whole annual financial report. Repeals a provision that requires the state board to implement a system of recognizing certain education programs of nonpublic schools. Repeals: (1) a provision relating to performance based school accreditation; (2) a provision pertaining to school improvement plans; and (3) a provision pertaining to the recognition of educational programs of nonpublic schools. Makes conforming amendments and technical corrections.

Resolves technical conflicts and addresses technical errors in the Indiana Code. (The introduced version of this bill was prepared by the code revision commission.)

Allows the Honor and Remember flag to be displayed at each state office building, the Indiana veterans' cemetery, and each veterans cemetery managed by the Indiana department of veterans' affairs. Provides that the Honor and Remember flag may be annually displayed during the month of May. Allows the Honor and Remember flag to be displayed at any time by certain entities.

Establishes a procedure for a criminal court to use in determining if a defendant is indigent. Provides that, if a court has ordered a defendant to pay part of the cost of representation, the court shall inquire at sentencing whether the defendant has paid the required amount. Specifies that a court may prorate fines, fees, and court costs based on the person's reasonable ability to pay. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)

Addresses problems in the Indiana Code not suitable for resolution in the annual Technical Corrections bill, including resolution of the conflicts between versions of sections that were both amended and repealed during the 2019 legislative session. Resolves technical conflicts between various enrolled acts passed during the 2020 legislative session. Corrects technical errors in various enrolled acts passed during the 2020 legislative session.

Defines "child victim" as a child less than 16 years of age who is the victim of a sex offense, and specifies that a child victim has the right to confer with a representative of the prosecuting attorney's office before being deposed. Repeals and replaces the current statute concerning the deposition of a child with a new statute that provides that a defendant may only depose a child victim if the prosecuting attorney agrees to the deposition or if a court authorizes the deposition. Establishes a procedure for a court to use to determine whether to authorize the deposition of a child victim, and to specify the manner in which the deposition may be conducted. Provides that an order authorizing the deposition of a child must expressly prohibit the presence of the person accused of committing the offense against the child unless certain conditions apply and the presence of the accused is necessary to preserve the person's rights under the United States or Indiana constitution. Makes conforming amendments.