Bill Text: IN HB1400 | 2013 | Regular Session | Introduced
Bill Title: Marion County courts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Courts and Criminal Code [HB1400 Detail]
Download: Indiana-2013-HB1400-Introduced.html
Citations Affected: IC 33-33-49-32; IC 34-28-5-1.
Synopsis: Marion County courts. Allows the judges of the Marion
superior court to appoint 12 full-time magistrates after December 31,
2013. Provides that, if an action brought in Marion County for a traffic
violation infraction is deferred under a deferral program, the defendant
must pay a fee of $35 in addition to any other fee the defendant is
required to pay under the deferral program. Requires these fees to be
transferred to the Marion County dedicated fund that is used to pay for
compensation of commissioners and the costs of the county's guardian
ad litem program.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Courts and Criminal Code.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
(2) twelve (12) full-time magistrates under IC 33-23-5 after December 31, 2013, not more than six (6) of whom may be from the same political party.
(b) The magistrates continue in office until removed by the vote of a majority of the judges of the court.
(c) A party to a superior court proceeding that has been assigned to
a magistrate appointed under this section may request that an elected
judge of the superior court preside over the proceeding instead of the
magistrate to whom the proceeding has been assigned. A request under
this subsection must be in writing and must be filed with the court:
(1) in a civil case, not later than:
(A) ten (10) days after the pleadings are closed; or
(B) thirty (30) days after the case is entered on the
chronological case summary, in a case in which the defendant
is not required to answer; or
(2) in a criminal case, not later than ten (10) days after the
omnibus date.
Upon a timely request made under this subsection by either party, the
magistrate to whom the proceeding has been assigned shall transfer the
proceeding back to the superior court judge.
(b) An action to enforce a statute defining an infraction shall be brought in the name of the state of Indiana by the prosecuting attorney for the judicial circuit in which the infraction allegedly took place. However, if the infraction allegedly took place on a public highway (as defined in IC 9-25-2-4) that runs on and along a common boundary shared by two (2) or more judicial circuits, a prosecuting attorney for any judicial circuit sharing the common boundary may bring the action.
(c) An action to enforce an ordinance shall be brought in the name of the municipal corporation. The municipal corporation need not prove that it or the ordinance is valid unless validity is controverted by affidavit.
(d) Actions under this chapter (or IC 34-4-32 before its repeal):
(1) shall be conducted in accordance with the Indiana Rules of Trial Procedure; and
(2) must be brought within two (2) years after the alleged conduct or violation occurred.
(e) The plaintiff in an action under this chapter must prove the commission of an infraction or ordinance violation by a preponderance of the evidence.
(f) The complaint and summons described in IC 9-30-3-6 may be used for any infraction or ordinance violation.
(g) Subsection (h) does not apply to an individual holding a probationary license who is alleged to have committed an infraction
under any of the following when the individual was less than eighteen
(18) years of age at the time of the alleged offense:
IC 9-19
IC 9-21
IC 9-24
IC 9-25
IC 9-26
IC 9-30-5
IC 9-30-10
IC 9-30-15.
(h) This subsection does not apply to an offense or violation under
IC 9-24-6 involving the operation of a commercial motor vehicle. The
prosecuting attorney or the attorney for a municipal corporation may
establish a deferral program for deferring actions brought under this
section. Actions may be deferred under this section if:
(1) the defendant in the action agrees to conditions of a deferral
program offered by the prosecuting attorney or the attorney for a
municipal corporation;
(2) the defendant in the action agrees to pay to the clerk of the
court an initial user's fee and monthly user's fee set by the
prosecuting attorney or the attorney for the municipal corporation
in accordance with IC 33-37-4-2(e);
(3) the terms of the agreement are recorded in an instrument
signed by the defendant and the prosecuting attorney or the
attorney for the municipal corporation;
(4) the defendant in the action agrees:
(A) to pay a fee of seventy dollars ($70) to the clerk of court
if the action involves a moving traffic offense (as defined in
IC 9-13-2-110); and
(B) in an action brought in Marion County for a traffic
violation constituting an infraction, to pay to the clerk of
court in Marion County, in addition to any other fee the
defendant is required to pay under this section, a fee of
thirty-five dollars ($35), which the clerk of court shall
transfer to the dedicated county fund established under
section 5(e) of this chapter;
(5) the agreement is filed in the court in which the action is
brought; and
(6) if the deferral program is offered by the prosecuting attorney,
the prosecuting attorney electronically transmits information
required by the prosecuting attorneys council concerning the
withheld prosecution to the prosecuting attorneys council, in a
manner and format designated by the prosecuting attorneys
council.
When a defendant complies with the terms of an agreement filed under
this subsection (or IC 34-4-32-1(f) before its repeal), the prosecuting
attorney or the attorney for the municipal corporation shall request the
court to dismiss the action. Upon receipt of a request to dismiss an
action under this subsection, the court shall dismiss the action. An
action dismissed under this subsection (or IC 34-4-32-1(f) before its
repeal) may not be refiled.
(i) If a judgment is entered against a defendant in an action to
enforce an ordinance, the defendant may perform community
restitution or service (as defined in IC 35-31.5-2-50) instead of paying
a monetary judgment for the ordinance violation as described in section
4(e) of this chapter if:
(1) the:
(A) defendant; and
(B) attorney for the municipal corporation;
agree to the defendant's performance of community restitution or
service instead of the payment of a monetary judgment;
(2) the terms of the agreement described in subdivision (1):
(A) include the amount of the judgment the municipal
corporation requests that the defendant pay under section 4(e)
of this chapter for the ordinance violation if the defendant fails
to perform the community restitution or service provided for
in the agreement as approved by the court; and
(B) are recorded in a written instrument signed by the
defendant and the attorney for the municipal corporation;
(3) the agreement is filed in the court where the judgment was
entered; and
(4) the court approves the agreement.
If a defendant fails to comply with an agreement approved by a court
under this subsection, the court shall require the defendant to pay up to
the amount of the judgment requested in the action under section 4(e)
of this chapter as if the defendant had not entered into an agreement
under this subsection.
