A SENATE RESOLUTION honoring Senator Tim Lanane for his years of service to the Indiana State Senate and Senate District 25.
Provides that a person who has been found guilty, or guilty but mentally ill, on a charge of causing an unlawful death of a decedent is a constructive trustee of certain property acquired or entitled to be received by the culpable person. Includes a married individual who does not have any dependents and whose death was caused by a spouse within the definition of "adult person" for the purpose of a wrongful death action. Makes conforming changes.
Amends the statute concerning attachments of equipment by cable operators (attaching entities) to electric distribution poles owned or controlled by rural electric cooperatives or by municipalities providing electric service (pole owners) as follows: (1) Specifies that a pole owner's duty under the law to permit attachments to the pole owner's poles is subject to the terms of a written agreement between the pole owner and the attaching entity. (2) Provides that the written agreement between the attaching entity and the pole owner must establish the process by which the attaching entity may apply for access to the pole owner's poles. (3) Sets forth: (A) a time frame for the pole owner to respond to the attaching entity's application based on the number of poles included in the application; and (B) a pole owner's duty to do one of the following within that time frame: (i) Approve the application and authorize the attaching entity to make the attachments without the need for any make ready work. (ii) Submit to the attaching entity an invoice setting forth all necessary make ready work, the estimated make ready costs, and the estimated make ready completion date. (iii) Reject all or part of the attaching entity's application based on certain concerns that cannot be resolved by make ready work. (4) Specifies that an attaching entity must have the pole owner's written permission specifically authorizing an attachment for each pole on which the attaching entity seeks to place an attachment. (5) Provides that if the attaching entity violates this requirement, the attaching entity shall pay to the pole owner accrued rental fees for each pole on which an unauthorized attachment is made, dating back to the date the attachment is considered to have been made under existing law, plus a $500 penalty for each pole on which an unauthorized attachment is made. (6) Provides that before January 1, 2023, if a contract granting the pole owner's written permission for an attachment to a particular pole does not exist at the time an attachment is made, the attaching entity shall pay to the pole owner accrued rental fees for each pole on which an attachment is made without a contract authorizing the attachment on that pole, dating back to the date the attachment is considered to have been made under existing law, plus any penalty that may be prescribed for such an attachment under any existing contract between the pole owner and the attaching entity. (7) Provides that if, after December 31, 2022, the attaching entity has not paid all accrued rental fees for such attachments made before January 1, 2023, the attaching entity shall, in addition to the accrued rental fees that remain outstanding, be liable for the $500 fine that otherwise applies for each pole on which such an attachment was made before January 1, 2023, and for which the attaching entity has not paid all accrued rental fees. (8) Changes from 90 days (under current law) to 60 days the amount of time by which an attaching entity is responsible for transferring an authorized attachment after receiving written notice from the pole owner to do so. Makes a corresponding change in the amount of time after which the pole owner may rearrange, transfer, or relocate the attaching entity's system (or portion of the system) after the attaching entity has failed to do so. (9) Provides that the pole owner is immune from civil liability for the pole owner's actions in rearranging, transferring, or relocating the attaching entity's system, as long as the pole owner exercises reasonable care in taking such actions, and unless the pole owner's actions constitute gross negligence or willful or wanton misconduct. (10) Creates the offense of unlawful pole attachment, a Class C misdemeanor, for the knowing and intentional attachment to a pole without the pole owner's written permission specifically authorizing the attachment.
Specifies that "reasonable force" includes the pointing of a loaded or unloaded firearm for purposes of self-defense and arrest statutes.
Establishes certain conditions of parole for a person on lifetime parole and makes the violation of parole conditions and commission of specified other acts by a person on lifetime parole a Level 6 felony, with an enhancement to a Level 5 felony for a second or subsequent offense. Provides that, for purposes of calculating accrued time and good time credit, a calendar day includes a partial calendar day.
Requires the Indiana utility regulatory commission (IURC) to include in its annual report to the governor and the chairman of the legislative council the following information concerning utility grade wind power devices (devices) and utility grade solar energy facilities (facilities) for each county in Indiana: (1) The total number of devices and facilities installed or under construction. (2) The total generating capacity of the devices and facilities. (3) The county's total land acreage that is occupied by, or otherwise part of a project or development that includes, one or more devices or facilities. (4) Of the occupied acreage, the percentage of that acreage that was assessed as agricultural land for property tax purposes: (A) as of the most recent assessment date; or (B) immediately before the commencement of construction of one or more devices or facilities on the land. Requires the IURC to present: (1) the IURC's annual report to the interim study committee on energy, utilities, and telecommunications (committee) before October 1 each year; and (2) the new information required under the bill: (A) before October 1, 2022, to the 21st century energy policy development task force; and (B) before October 1 of each year, to the standing committees of the senate and the house of representatives having subject matter jurisdiction over agricultural matters. Makes conforming amendments to the statute governing the committee's duties to monitor changes and competition in the energy utility industry.
A SENATE RESOLUTION honoring Senator Ron Grooms upon his retirement from the Indiana Senate.
Establishes a procedure for the general assembly to call itself into session at times not specifically scheduled in statute.
Allows a charitable organization to pay bail on behalf of a defendant if the organization meets certain criteria. Exempts from the certification requirement a charitable organization that pays bail for not more than two individuals in any 180 day period. Prohibits the state and a political subdivision from: (1) posting bail for any person; or (2) providing a grant to any entity that provides funding for any person. Requires a court to apply the bail to certain court costs. Prohibits an entity that has received a grant from the state or a political subdivision from posting bail for any person or providing a grant, directly or indirectly, to an entity that posts bail for any person.
Defines "violent crime", "violent arrestee", "repeat violent arrestee", and "minimum bail amount", and requires: (1) a court to review the probable cause affidavit or arrest warrant before releasing a violent arrestee or repeat violent arrestee on bail; (2) bail to be set for a violent arrestee or repeat violent arrestee following a hearing in open court; and (3) a repeat violent arrestee released on bail to pay 100% of the minimum bail amount by cash deposit. Prohibits a third party who is not a close relative of a repeat violent arrestee from posting bail for the repeat violent arrestee. Requires mandatory bail revocation for a violent arrestee who commits a felony while released. Provides for victim notification of bail hearings. Requires nonmonetary release for non-violent arrestees under certain circumstances. Makes conforming amendments.
