Bill Text: IN HB1437 | 2011 | Regular Session | Introduced
Bill Title: Ordinance violation courts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Courts and Criminal Code [HB1437 Detail]
Download: Indiana-2011-HB1437-Introduced.html
Citations Affected: IC 33-30.5.
Synopsis: Ordinance violation courts. Permits a city, town, or county
(unit) to establish an ordinance violation court to adjudicate ordinance
or code violations committed within the unit. Establishes the powers
and duties of the court, and provides that the only court fee that may be
collected by the ordinance violation court is an ordinance violation fee,
which may not exceed $100. Specifies that the fee must be deposited
in the general fund of the unit.
Effective: July 1, 2011.
January 18, 2011, 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
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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.
ARTICLE 30.5. ORDINANCE VIOLATION COURTS
Chapter 1. Definitions
Sec. 1. The following definitions apply throughout this article:
(1) "Cross jurisdictional agreement" means an agreement between the legislative bodies of two (2) or more units that permits an ordinance violation committed within the borders of one (1) unit to be tried in the ordinance violation court of another unit.
(2) "Ordinance violation" includes a code violation.
(3) "Unit" means a city, town, or county. The term does not include a township.
Chapter 2. General Provisions
Sec. 1. A unit may create an ordinance violation court by adopting a resolution that complies with this article.
Sec. 2. An ordinance violation court shall comply with all requests made under IC 33-24-6-3 by the executive director of the division of state court administration concerning the ordinance violation court.
Chapter 3. Jurisdiction
Sec. 1. An ordinance violation court has jurisdiction only over code and ordinance violations.
Sec. 2. Unless the court is party to a cross-jurisdictional agreement, an ordinance violation court has jurisdiction only over a code or ordinance violation that is committed within the borders of the unit that established the ordinance violation court.
Chapter 4. Fees and Costs
Sec. 1. Except as provided in section 2 of this chapter, and notwithstanding any other law, an ordinance violation court may not collect a court fee.
Sec. 2. (a) An ordinance violation court may collect an ordinance violation fee from a person found to have committed an ordinance violation in a proceeding before the court. If the person is found to have committed multiple ordinance violations in one (1) proceeding, the court may collect only one (1) ordinance violation fee.
(b) The amount of an ordinance violation fee must be established by the legislative body of the unit, but may not be more than one hundred dollars ($100).
(c) An ordinance violation fee shall be deposited in the general fund of the unit that established the ordinance violation court.
Sec. 3. An ordinance violation fee is a cost and is a part of and in addition to the judgment. Notwithstanding any other law, a person found by an ordinance violation court to have violated an ordinance is not liable for any costs other than the ordinance violation fee.
Chapter 5. Judge
Sec. 1. The legislative body of the unit shall establish the qualifications and fix the compensation of the judge of the ordinance violation court.
Sec. 2. The executive body of the unit shall appoint the judge of the ordinance violation court, subject to confirmation by a majority of the legislative body of the unit.
Sec. 3. The judge shall serve a one (1) year term and may be reappointed.
Sec. 4. During the judge's one (1) year term, the judge may be removed only for cause by a majority vote of the legislative body
of the unit.
Sec. 5. (a) A judge of an ordinance violation court may adopt
rules for conducting the business of the court that do not conflict
with policies adopted by the legislative body of the unit.
(b) The judge of the ordinance violation court may do the
following:
(1) Perform marriages.
(2) Issue warrants.
(3) Issue and direct a process necessary in exercising the
court's jurisdiction.
(4) Make proper judgments, decrees, and orders.
(5) Issue process.
(6) Perform acts necessary and proper to carry out this
article.
(c) The judge of the ordinance violation court has the same
power as the judge of a circuit court concerning the following:
(1) The attendance of witnesses.
(2) The punishment of contempt and the enforcement of the
judge's orders.
(3) The administration of oaths.
(4) The issuance of necessary certificates for the
authentication of the records and proceedings of the court.
Chapter 6. Court Powers and Procedure
Sec. 1. (a) An ordinance violation court is not a court of record.
(b) All appeals from judgments of the ordinance violation court
must be taken to the circuit or superior court of the county and
tried de novo.
(b) An appeal from a judgment of an ordinance violation court
may be taken to the superior or circuit court of the county not later
than thirty (30) days after the date of judgment.
(c) The rules of procedure for an appeal from a judgment of an
ordinance violation court must be in accordance with the rules
established by the circuit or superior court.
(d) The appellant shall pay all costs necessary for the filing of
the case in the circuit or superior court, as if the appeal were a case
that had been filed initially in that court.
Sec. 2. (a) The name of the ordinance violation court is "The
Ordinance Violation Court of ____________," according to the
name of the unit.
(b) The judge shall procure a seal that will stamp upon paper a
distinct impression of words and letters. The seal must contain the
words "The Ordinance Violation Court of ____________,"
according to the name of the unit.
Sec. 3. An ordinance violation court shall hold sessions as the
business of the court demands at a place to be provided and
designated by the legislative body of the unit.
Sec. 4. A judge of an ordinance violation court shall provide, at
the expense of the unit, all books, dockets, papers, and printed
blanks necessary for the discharge of the duties of the court.
Sec. 5. (a) A defendant in a proceeding filed in an ordinance
violation court waives the right to trial by jury unless the
defendant, not later than ten (10) days following service of the
complaint in an ordinance violation case, demands a trial by jury
by filing an affidavit that:
(1) states that there are questions of fact requiring a trial by
jury;
(2) specifies those questions of fact; and
(3) states that the demand is in good faith.
(b) Notice of the defendant's right to a jury trial, and the ten
(10) day period in which to file for a jury trial, must be clearly
stated on the complaint or on an additional sheet to be served with
the notice of complaint on the defendant.
(c) Upon the deposit of seventy dollars ($70) in the ordinance
violation court docket by the defendant, the court shall transfer the
claim to the plenary docket. Upon transfer, the claim loses its
status as an ordinance violation case.
Sec. 6. The ordinance violation court shall take judicial notice
of municipal, city, and town ordinances.
Sec. 7. A change of venue may not be taken from an ordinance
violation court. However, a defendant may take a change of venue
from the judge of the court, with a special judge appointed as
provided for the circuit court.
Chapter 7. Court Officers
Sec. 1. (a) The officers of an ordinance violation court are a:
(1) judge;
(2) clerk; and
(3) bailiff.
(b) The judge may act as clerk and perform all duties of the
clerk of the court or appoint a clerk of the court. If approved by
the legislative body of a town or city, the judge may appoint the
city or town clerk or clerk-treasurer as clerk of the ordinance
violation court.
(c) The clerk and bailiff may not receive any fees or
compensation other than their salaries.
Sec. 2. The judge and the legislative body of the unit shall determine the duties of the clerk.
Sec. 3. (a) The bailiff of an ordinance violation court must be a law enforcement officer assigned to the ordinance violation court in a manner determined by the legislative body of the unit.
(b) The bailiff shall do the following:
(1) Be present at the sessions of the court, maintaining order and performing all other duties subject to the order of the court.
(2) Take charge of all executions issued by the court and see to the collection of the executions.
(3) Keep, in books to be furnished by the controller or clerk-treasurer, an accurate account and docket of all executions that come into the bailiff's hands, showing the:
(A) names of the defendants;
(B) date and number of the execution;
(C) amount of fines, fees, or penalties imposed; and
(D) disposition of the execution.
(4) Make and deliver a written report to the clerk of the court on Tuesday of each week, showing all money collected by the bailiff during the previous week, giving the:
(A) names of the defendants;
(B) number of executions; and
(C) amount of fines, fees, or penalties collected;
and pay the money to the clerk, taking the clerk's receipt for the payments.
(c) The salary of the bailiff shall be fixed as salaries of other police officers are fixed.
