January 19, 2010
HOUSE BILL No. 1186
_____
DIGEST OF HB 1186
(Updated January 13, 2010 5:54 pm - DI 69)
Citations Affected: IC 33-35; IC 33-36.
Synopsis: Interlocal agreements concerning courts. Allows a city or
town that has not established a city or town court or an ordinance
violations bureau to enter into an interlocal agreement with a city,
town, or other municipal corporation that has established: (1) a city or
town court; or (2) an ordinance violations bureau; to hear and dispose
of ordinance violations that would otherwise come under the
jurisdiction of a city or town court or an ordinance violations bureau
established by the city or town.
Effective: July 1, 2010.
Saunders, Pierce
January 7, 2010, read first time and referred to Committee on Courts and Criminal Code.
January 19, 2010, reported _ Do Pass.
January 19, 2010
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1186
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 33-35-1-6; (10)HB1186.1.1. -->
SECTION 1. IC 33-35-1-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 6. A city or town that has not established a court
under this chapter may enter into an interlocal agreement under
IC 36-1-7 with a city or town that:
(1) has established a court under this chapter; and
(2) is located in the same judicial circuit as the city or town
that has not established a court;
to hear and dispose of ordinance violations that would otherwise
come under the jurisdiction of a court established by the city or
town under this chapter.
SOURCE: IC 33-35-2-3; (10)HB1186.1.2. -->
SECTION 2. IC 33-35-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. A city court has the
following jurisdiction over crimes, infractions, and ordinance
violations:
(1) Jurisdiction of all violations of the ordinances of the city.
(2) Jurisdiction of all misdemeanors and all infractions.
(3) If the city that established the city court has entered into
an interlocal agreement described in IC 33-35-1-6 with
another city or a town, jurisdiction of all other ordinance
violations described in the interlocal agreement.
SOURCE: IC 33-35-2-8; (10)HB1186.1.3. -->
SECTION 3. IC 33-35-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) A town court has
exclusive jurisdiction of all violations of the ordinances of the town.
(b) A town court also has jurisdiction of all misdemeanors and all
infractions.
(c) If the town that established the town court has entered into
an interlocal agreement described in IC 33-35-1-6 with a city or
another town, the town court has jurisdiction of all other ordinance
violations described in the interlocal agreement.
SOURCE: IC 33-36-2-4; (10)HB1186.1.4. -->
SECTION 4. IC 33-36-2-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 4. A city or town that has not established a court
under IC 33-35-1 or an ordinance violations bureau under this
chapter may enter into an interlocal agreement under IC 36-1-7
with a municipal corporation that:
(1) has established an ordinance violations bureau under this
chapter; and
(2) is located in the same judicial circuit as the city or town
that has not established a court or an ordinance violations
bureau;
to hear and dispose of ordinance violations that would otherwise
come under the jurisdiction of an ordinance violations bureau
established by the city or town under this chapter.
SOURCE: IC 33-36-3-7; (10)HB1186.1.5. -->
SECTION 5. IC 33-36-3-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7.
(a) Subject to
subsection (b), all sums collected by the violations clerk as civil
penalties for ordinance violations shall be accounted for and paid to the
municipal corporation as provided by law.
(b) If a city or town that has not established a court under
IC 33-35-1 or an ordinance violations bureau under IC 33-36-2 has
entered into an interlocal agreement described in IC 33-36-2-4 with
a municipal corporation, the sums collected by the violations clerk
that involve the city or town that has not established a court or an
ordinance violations bureau shall be accounted for and paid as
provided in the interlocal agreement.