Bill Text: IN HB1282 | 2013 | Regular Session | Introduced
Bill Title: Removal of public officers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-24 - Reassigned to Committee on Elections and Apportionment [HB1282 Detail]
Download: Indiana-2013-HB1282-Introduced.html
Citations Affected: IC 5-8-1-38.
Synopsis: Removal of public officers. Provides that a public officer
who has been removed from office after conviction of a felony is not
entitled to be reinstated to the office if the conviction is reversed,
vacated, set aside, reduced to a Class A misdemeanor, or not entered.
Effective: Upon passage.
January 23, 2013, read first time and referred to Committee on Education.
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A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
(1) "Felony" has the meaning set forth in IC 3-8-1-5.
(2) "Public officer" means any person, elected or appointed, who holds any state, county, township, city, or town office.
(b) Any public officer convicted of a felony during the public officer's term of office shall:
(1) be removed from office by operation of law when:
(A) in a jury trial, a jury publicly announces a verdict against the person for a felony;
(B) in a bench trial, the court publicly announces a verdict against the person for a felony; or
(C) in a guilty plea hearing, the person pleads guilty or nolo contendere to a felony; and
(2) not receive any salary or remuneration from the time the
public officer is removed from office under subdivision (1).
(c) The subsequent reduction of a felony to a Class A misdemeanor
under IC 35-50-2-7 or IC 35-38-1-1.5 after the:
(1) jury has announced its verdict against the person for a felony;
(2) court has announced its verdict against the person for a felony;
or
(3) person has pleaded guilty or nolo contendere to a felony;
does not affect the operation of subsection (b).
(d) Subsection (e) applies to a public officer if the public officer's
conviction is:
(1) reversed;
(2) vacated;
(3) set aside;
(4) for a felony other than a felony arising out of an action taken
in the public officer's official capacity, that is subsequently
reduced to a Class A misdemeanor under IC 35-50-2-7 or
IC 35-38-1-1.5; or
(5) not entered because the trial court did not accept the guilty
plea.
and the public officer's term has not expired, the public officer shall be
reinstated in office and receive any salary or other remuneration that
the public officer would have received had the public officer not been
removed from office.
(e) If the conviction is reversed, vacated, or set aside and the public
officer's term has expired, The A public officer described in
subsection (d): shall
(1) is entitled to receive any salary or other remuneration that the
public officer would have received had the public officer not been
removed from office; but
(2) is not entitled to be reinstated in the office from which the
public officer was removed under subsection (b).
(f) A vacancy in a public office caused by the removal of a public
officer under this section shall be filled as provided by law. If a
convicted public officer is reinstated, the person filling the office
during the appeal shall cease to hold the office.
(g) This subsection applies whenever:
(1) a public officer is removed from office by operation of law
under subsection (b); and
(2) a vacancy occurs in a state, county, township, city, or town
office as the result of the removal from office.
The court must file a certified copy of the sentencing order with the
person who is entitled under IC 5-8-6 to receive notice of the death of
an individual holding the office. The person receiving a copy of the
sentencing order must give notice of the vacancy in the same manner
as if the person had received a notice under IC 5-8-6. The person who
is required or permitted to fill the vacancy must comply with IC 3-13.
(h) This subsection applies if a public officer is reinstated in office
under subsection (d). The court must file a certified copy of the order
reversing, vacating, reducing, or setting aside the conviction with the
person who is entitled under IC 5-8-6 to receive notice of the death of
an individual holding the office. The person receiving a copy of the
order must give notice of the reinstatement in the same manner as
notice of a vacancy would be given under IC 5-8-6. The person
receiving a copy of the order must also give notice to the person who
was selected to fill the vacancy before the reinstatement occurred.
