A CONCURRENT RESOLUTION honoring Indiana Secretary of State Connie Lawson upon her retirement from the Office of the Indiana Secretary of State.
A CONCURRENT RESOLUTION memorializing James C. Clark.
Amends the statute concerning the statute of limitations for actions for the recovery of the possession of real estate to provide that such an action that: (1) involves a line located and established by a professional surveyor; and (2) accrues before the lines are located and established by the surveyor; must be commenced before the expiration of the appeal period set forth in the statute governing county surveyors. Amends the provision concerning the establishment of property lines by means of a legal survey to specify that the lines established are binding on all affected landowners, including a landowner who claims title under a claim of adverse possession. Provides that certain information must be contained in a notice of survey sent to adjoining landowners, and that a legible copy of the plat of the legal survey must be enclosed with the notice.
Permits a prosecuting attorney to purchase a crime insurance policy instead of executing a surety bond. Allows a prosecuting attorney or deputy prosecuting attorney to solemnize a marriage. Permits the department of child services (DCS) or a prosecuting attorney to file a paternity action if the mother, the person with whom the child resides, the alleged father, or DCS has applied for services under Title IV-D of the federal Social Security Act. Requires a prosecuting attorney to investigate information received about the commission of a felony, a misdemeanor, acts of delinquency, or an infraction. Allows a prosecuting attorney to issue subpoenas or ask a court with jurisdiction to issue subpoenas, search warrants, or any other process necessary to support or aid an investigation. Broadens the types of expenses a county auditor pays for in connection with a criminal case. Allows a prosecuting attorney to appoint employees with the approval of the county council. Allows the prosecuting attorneys council of Indiana (council) to call two conferences each year and specifies who may attend the conferences. Requires the council to conduct training for prosecuting attorneys and their staffs. Renames the drug prosecution fund as the substance abuse prosecution fund. Makes other changes and conforming amendments.
A SENATE RESOLUTION honoring Senator John C. Ruckelshaus upon his retirement from the Indiana State Senate.
Adds a superior court in Hamilton County. Allows the judges of the Decatur circuit and superior courts to jointly appoint a magistrate to serve the Decatur County courts. Allows the judges of the Hancock circuit and superior courts to jointly appoint a magistrate to serve the Hancock County courts. Allows the judges of the Huntington circuit and superior courts to jointly appoint a magistrate to serve the Huntington County courts. Allows the judges of the Knox circuit and superior courts to jointly appoint a magistrate to serve the Knox County courts. Allows the judge of the Lake superior court division No. 4 to appoint a magistrate to serve the Lake superior court division No. 4. Makes clarifying changes to the powers and duties of the Marion superior court executive committee. Provides that an appointed judicial officer shall be vested by the judges of the family division of the Marion superior court with suitable powers for the handling of all probate matters of the court. Removes or reallocates the powers and duties of a probate hearing judge, probate commissioner, juvenile referee, bail commissioner, and master commissioner from the Marion superior court. Provides that the Marion County judicial selection committee nomination procedure shall be followed when filling a vacancy that occurs in a court. Provides that the: (1) clerk of a circuit court; (2) clerk of a city or town court; or (3) judge of a city or town court that does not have a clerk; may retain as an administrative fee an amount of up to $3 from the excess amount collected by the clerk for general court costs. Makes conforming changes.
Requires an animal care facility to adopt policies and procedures that govern the return of lost or stray dogs and cats to the dog's or cat's owner. Provides animal care policies and procedures that an animal care facility may include to return lost or stray dogs and cats to the dog's or cat's owner.
Grants, until January 1, 2025, the attorney general concurrent jurisdiction with the prosecuting attorney to prosecute an action in which a person is accused of committing a criminal offense while a member of an unlawful assembly. Permits the chief executive officer of a political subdivision to establish a curfew under certain circumstances. Makes refusing to leave a location in violation of a curfew, after having been informed of the curfew and ordered to leave by a law enforcement officer, a Class B misdemeanor. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Prohibits a person from being released on bail without a hearing in open court, establishes a rebuttable presumption that money bail shall be required, and requires a court to consider whether bail conditions more stringent than the local guidelines should be imposed. Adds enhanced penalties to the crimes of: (1) rioting; and (2) obstruction of traffic. Allows a conspiracy charge for a misdemeanor committed while a member of an unlawful assembly. Provides that a person may recover actual damages in a civil action against a county, city, or town (unit) for loss of property proximately caused by an unlawful assembly, if the unit recklessly fails to exercise reasonable diligence to prevent or suppress the unlawful assembly.
A SENATE RESOLUTION honoring Senator James W. Merritt, Jr. upon his retirement from the Indiana State Senate.
Changes a township trustee's duty to remove certain weeds from a cemetery it maintains from "noxious" weeds to "rampant" weeds. Amends the duties of a township trustee to care for and maintain a public cemetery in the township to include: (1) resetting and straightening all monuments; (2) leveling and seeding the ground; and (3) mowing the lawn. Provides that before entering into a sales contract with a consumer, an owner of a cemetery (excluding a county, city, town, or township cemetery) must provide a written description of available goods and services with a price list. Limits the fee charged by a cemetery owner for opening and closing a burial lot of a family member that is one of at least two burial lots purchased in the same transaction. Requires the state board of funeral and cemetery service to take at least the following actions as to a cemetery owner that charges an excessive opening and closing fee: (1) Issue an appropriate order to correct the violation. (2) Suspend the seller's certificate of authority. (3) Censure the cemetery owner. Provides the following are commodities: (1) A foundation. (2) The marking of a lot in preparation for a foundation. Provides that a service fee for marking a lot must be included with the lot purchase price and collected at the same time.
