Defines "protection order records" and requires companies that provide background checks to periodically review their records and remove records relating to expunged protection orders (in the same manner as expunged convictions are removed). Permits a person to expunge protection order records in connection with the denial of an ex parte petition for a protection order. Provides that if a court reduces a Class D or Level 6 felony to a misdemeanor, the five-year waiting period for expungement begins on the date of the felony conviction and not on the date the felony was converted to a misdemeanor. Provides that, if a person whose records have been expunged seeks employment with a law enforcement agency or a probation or community corrections department, the law enforcement agency or the probation or community corrections department may: (1) inquire about the person's expunged records; and (2) refuse to employ the person. Specifies the procedure to expunge records of a collateral action entered in a different county than the county which issued the expungement order.
Sponsored bills
Extends eligibility for National Guard license plates to former members of the National Guard.
Amends the access to public records act to provide that personal information regarding a correctional officer, probation officer, community corrections officer, law enforcement officer, judge, crime victim, or their family members may be withheld from disclosure when requested by a person confined in a prison, county jail, detention facility, or in a community corrections program as a result of the person's arrest or conviction for a crime, or that person's agent or relative. (Currently the law permits withholding personal information of officers, judges, victims, or their family members, if the information is requested by a person incarcerated in a penal institution after conviction for a crime.) Provides that the term "agent" does not include an attorney in good standing admitted to the practice of law in Indiana.
Makes various changes to trust and probate laws concerning proof of title affidavits, small estate affidavits, execution of a trust by a third party, silent trusts, nonjudicial settlements of accounts, and legacy trusts. Makes technical corrections. (The introduced version of this bill was prepared by the probate code study commission.)
Provides that the department of education (department) must submit any guidance or recommendation to a school corporation or school that attempts to affect in any manner based on statewide assessment accommodations which instructional methods are included or excluded from the student's special education plan or program to the state board of education (state board) for approval. Provides that the department shall, to the extent permitted under federal law, provide the same text-to-speech, screen reader, or human reader and calculator accommodations to a student in grades 6 through 12 on every section of the statewide assessment program if that accommodation is provided as part of the student's special education plan or program. Provides that the state board, in consultation with The Arc of Indiana and the Indiana Council of Administrators of Special Education (ICASE), shall consult with one or more individuals who specialize in special education as part of the state board's oversight of the development and implementation of the Indiana's Learning Evaluation Assessment Readiness Network (ILEARN) program. Provides that a student's score on the statewide assessment may not be the primary factor or measure used to determine whether a student is eligible for a particular course or program. Establishes the Indiana standards and assessment accommodation task force to review: (1) the accommodations provided for by Indiana's statewide assessment to determine if appropriate accommodations are available to accurately measure a student's learning; and (2) the possibility of separating the academic standard of reading comprehension into a separate reading academic standard and a comprehension academic standard. Provides that the department, in consultation with The Arc of Indiana and ICASE, shall develop a notice for parents of certain students with disabilities that informs a parent that the student is not allowed to use certain accommodations on all or part of the statewide assessment. Provides that, not later than February 1, 2021, and not later than February 1, 2022, each public school, including each charter school, and each accredited nonpublic school shall do the following: (1) Provide the notice to the parent during the annual review of the student's special education plan or program. (2) If the parent does not attend the annual review, provide the notice to the parent by certified mail or personal delivery. (3) Discuss and determine, at the annual review of the student's special education plan or program in which a parent of the student participates, whether the student may be eligible to opt out of any applicable section of the statewide assessment. Provides that at least one member of the state board shall be a practicing licensed special education teacher or special education director at the time the member is appointed.
Provides that an otherwise barred offense may be commenced not later than five years from the earlier of the date on which: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense. Permits the alleged victim of certain child sex crimes to apply for victim compensation not later than five years after: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense.
Provides that in certain circumstances a court may stay the suspension of a person's driving privileges and grant specialized driving privileges for a period of time as determined by the court. Provides that the court may set periodic hearings to review the grant of specialized driving privileges. Provides that, if a probable cause affidavit must be sent by a judicial officer to the bureau of motor vehicles, the probable cause affidavit must be sent at the conclusion of the initial hearing.
Combines the volunteer advocates for seniors program and the volunteer advocates for incapacitated adults programs into one program. Requires that, in submitting a progress report to the court, a volunteer advocate for seniors and incapacitated adults shall include a person centered care plan in the progress report.
Provides that a participant in the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan (EG&C plan) who dies after January 31, 2018, is not required to have a minimum number of years of creditable service in the EG&C plan at the time of the participant's death in order for the participant's nominated survivor to be entitled to receive survivors' benefits. Provides that if a participant in the EG&C plan dies in the line of duty after January 31, 2018, the participant's nominated survivor is entitled to an annual survivors' allowance for life equal to 100% of the amount to which the participant would have been entitled had the participant retired with 25 years of service at 50 years of age. Provides that in the EG&C plan if: (1) an active participant regardless of the participant's years of creditable service and (2) an inactive participant with at least 15 years of creditable service dies other than in the line of duty after January 31, 2018, the participant's nominated survivor is entitled to an annual survivors' allowance for life equal to 50% of the amount to which the participant would have been entitled had the participant retired with 25 years of service at 50 years of age. Makes technical corrections. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)
A SENATE RESOLUTION honoring Senator Victoria Spartz upon her retirement from the Indiana Senate.