Bill Text: IN HB1121 | 2012 | Regular Session | Introduced
Bill Title: County reimbursement for death penalty cases.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2012-01-12 - Representatives McMillin and Dobis added as coauthors [HB1121 Detail]
Download: Indiana-2012-HB1121-Introduced.html
Introduced Version
HOUSE BILL No. 1121
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 33-37; IC 33-40-6.
Synopsis: County reimbursement for death penalty cases. Allows a
county to submit a request to the public defender commission to be
reimbursed from the public defense fund for an amount equal to 80%
of the county's expenditures for indigent defense services provided to
a defendant against whom the death sentence is sought. Requires the
public defender commission to authorize an amount of reimbursement
due the county that is equal to at least 50% but not more than 80% of
the county's expenditures for indigent defense services provided for a
defendant against whom the death sentence is sought as determined by
the public defender commission. Requires the treasurer of state to
transfer $8,000,000 from the state general fund to the public defense
fund each year instead of $7,400,000. Requires a person to pay a public
defense administration fee of $6 instead of $5 to be deposited in the
state general fund if the person is: (1) convicted of an offense; (2)
required to pay a pretrial diversion fee; (3) found to have committed an
infraction; or (4) found to have violated an ordinance.
Effective: July 1, 2012.
McNamara, Steuerwald
January 6, 2012, read first time and referred to Committee on Ways and Means.
Introduced
Second Regular Session 117th General Assembly (2012)
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HOUSE BILL No. 1121
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 33-37-5-21.2; (12)IN1121.1.1. -->
SECTION 1. IC 33-37-5-21.2, AS AMENDED BY P.L.229-2011,
SECTION 259, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 21.2. (a) This subsection does not
apply to the following:
(1) A criminal proceeding.
(2) A proceeding to enforce a statute defining an infraction.
(3) A proceeding for an ordinance violation.
In each action filed in a court described in IC 33-37-1-1 and in each small claims action in a court described in IC 33-34, the clerk shall collect a public defense administration fee of five dollars ($5).
(b) In each action in which a person is:
(1) convicted of an offense;
(2) required to pay a pretrial diversion fee;
(3) found to have committed an infraction; or
(4) found to have violated an ordinance;
the clerk shall collect a public defense administration fee offive six
dollars ($5). ($6).
(1) A criminal proceeding.
(2) A proceeding to enforce a statute defining an infraction.
(3) A proceeding for an ordinance violation.
In each action filed in a court described in IC 33-37-1-1 and in each small claims action in a court described in IC 33-34, the clerk shall collect a public defense administration fee of five dollars ($5).
(b) In each action in which a person is:
(1) convicted of an offense;
(2) required to pay a pretrial diversion fee;
(3) found to have committed an infraction; or
(4) found to have violated an ordinance;
the clerk shall collect a public defense administration fee of
SOURCE: IC 33-37-7-9; (12)IN1121.1.2. -->
SECTION 2. IC 33-37-7-9, AS AMENDED BY P.L.229-2011,
SECTION 262, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 9. (a) On June 30 and on December
31 of each year, the auditor of state shall transfer to the treasurer of
state nine million two hundred seventy-seven thousand twenty-three
dollars ($9,277,023) for distribution under subsection (b).
(b) On June 30 and on December 31 of each year, the treasurer of state shall deposit into:
(1) the family violence and victim assistance fund established by IC 5-2-6.8-3 an amount equal to eight and three-hundredths percent (8.03%);
(2) the Indiana judges' retirement fund established by IC 33-38-6-12 an amount equal to thirty-eight and fifty-five hundredths percent (38.55%);
(3) the law enforcement academy building fund established by IC 5-2-1-13 an amount equal to two and fifty-six hundredths percent (2.56%);
(4) the law enforcement training fund established by IC 5-2-1-13 an amount equal to ten and twenty-seven hundredths percent (10.27%);
(5) the violent crime victims compensation fund established by IC 5-2-6.1-40 an amount equal to eleven and ninety-three hundredths percent (11.93%);
(6) the motor vehicle highway account an amount equal to nineteen and forty-nine hundredths percent (19.49%);
(7) the fish and wildlife fund established by IC 14-22-3-2 an amount equal to twenty-five hundredths percent (0.25%);
(8) the Indiana judicial center drug and alcohol programs fund established by IC 12-23-14-17 for the administration, certification, and support of alcohol and drug services programs under IC 12-23-14 an amount equal to one and sixty-three hundredths percent (1.63%); and
(9) the DNA sample processing fund established under IC 10-13-6-9.5 for the funding of the collection, shipment, analysis, and preservation of DNA samples and the conduct of a DNA data base program under IC 10-13-6 an amount equal to seven and twenty-nine hundredths percent (7.29%);
of the amount transferred by the auditor of state under subsection (a).
(c) On June 30 and on December 31 of each year, the auditor of state shall transfer to the treasurer of state for deposit into the public defense fund established under IC 33-40-6-1three four million seven
hundred thousand dollars ($3,700,000). ($4,000,000).
(b) On June 30 and on December 31 of each year, the treasurer of state shall deposit into:
(1) the family violence and victim assistance fund established by IC 5-2-6.8-3 an amount equal to eight and three-hundredths percent (8.03%);
(2) the Indiana judges' retirement fund established by IC 33-38-6-12 an amount equal to thirty-eight and fifty-five hundredths percent (38.55%);
(3) the law enforcement academy building fund established by IC 5-2-1-13 an amount equal to two and fifty-six hundredths percent (2.56%);
(4) the law enforcement training fund established by IC 5-2-1-13 an amount equal to ten and twenty-seven hundredths percent (10.27%);
(5) the violent crime victims compensation fund established by IC 5-2-6.1-40 an amount equal to eleven and ninety-three hundredths percent (11.93%);
(6) the motor vehicle highway account an amount equal to nineteen and forty-nine hundredths percent (19.49%);
(7) the fish and wildlife fund established by IC 14-22-3-2 an amount equal to twenty-five hundredths percent (0.25%);
(8) the Indiana judicial center drug and alcohol programs fund established by IC 12-23-14-17 for the administration, certification, and support of alcohol and drug services programs under IC 12-23-14 an amount equal to one and sixty-three hundredths percent (1.63%); and
(9) the DNA sample processing fund established under IC 10-13-6-9.5 for the funding of the collection, shipment, analysis, and preservation of DNA samples and the conduct of a DNA data base program under IC 10-13-6 an amount equal to seven and twenty-nine hundredths percent (7.29%);
of the amount transferred by the auditor of state under subsection (a).
(c) On June 30 and on December 31 of each year, the auditor of state shall transfer to the treasurer of state for deposit into the public defense fund established under IC 33-40-6-1
SOURCE: IC 33-40-6-4; (12)IN1121.1.3. -->
SECTION 3. IC 33-40-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) A county auditor
may submit on a quarterly basis a certified request to the public
defender commission for reimbursement from the public defense fund
for an amount equal to fifty eighty percent (50%) (80%) of the
county's expenditures for indigent defense services provided to a
defendant against whom the death sentence is sought under
IC 35-50-2-9. The public defender commission shall determine the
specific amount of a county's reimbursement as provided under
section 5(a)(1) of this chapter.
(b) A county auditor may submit on a quarterly basis a certified request to the public defender commission for reimbursement from the public defense fund for an amount equal to forty percent (40%) of the county's expenditures for indigent defense services provided in all noncapital cases except misdemeanors.
(c) A request under this section from a county described in IC 33-40-7-1(3) may be limited to expenditures for indigent defense services provided by a particular division of a court.
(b) A county auditor may submit on a quarterly basis a certified request to the public defender commission for reimbursement from the public defense fund for an amount equal to forty percent (40%) of the county's expenditures for indigent defense services provided in all noncapital cases except misdemeanors.
(c) A request under this section from a county described in IC 33-40-7-1(3) may be limited to expenditures for indigent defense services provided by a particular division of a court.
SOURCE: IC 33-40-6-5; (12)IN1121.1.4. -->
SECTION 4. IC 33-40-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) Except as
provided under section 6 of this chapter, upon certification by a county
auditor and a determination by the public defender commission that the
request is in compliance with the guidelines and standards set by the
commission, the commission shall quarterly authorize an amount of
reimbursement due the county:
(1) that is:
(A) equal to at least fifty percent (50%) but not more than eighty percent (80%) of the county's certified expenditures for indigent defense services provided for a defendant against whom the death sentence is sought under IC 35-50-2-9; and
(B) determined by the public defender commission; and
(2) that is equal to forty percent (40%) of the county's certified expenditures for defense services provided in noncapital cases except misdemeanors.
The division of state court administration shall then certify to the auditor of state the amount of reimbursement owed to a county under this chapter.
(b) Upon receiving certification from the division of state court administration, the auditor of state shall issue a warrant to the treasurer of state for disbursement to the county of the amount certified.
(1) that is:
(A) equal to at least fifty percent (50%) but not more than eighty percent (80%) of the county's certified expenditures for indigent defense services provided for a defendant against whom the death sentence is sought under IC 35-50-2-9; and
(B) determined by the public defender commission; and
(2) that is equal to forty percent (40%) of the county's certified expenditures for defense services provided in noncapital cases except misdemeanors.
The division of state court administration shall then certify to the auditor of state the amount of reimbursement owed to a county under this chapter.
(b) Upon receiving certification from the division of state court administration, the auditor of state shall issue a warrant to the treasurer of state for disbursement to the county of the amount certified.
