Bill Text: IN SB0179 | 2010 | Regular Session | Introduced

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Bill Title: Protective order registry.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Judiciary [SB0179 Detail]

Download: Indiana-2010-SB0179-Introduced.html

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Introduced Version

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SENATE BILL No. 179

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 5-2-9; IC 10-13-3-35.

Synopsis: Protective order registry. Reconciles conflicts concerning the protective order registry. Allows an individual designated by the sheriff to provide certain additional information in the protective order registry. Removes a requirement that law enforcement agencies enter information concerning intimate partners from certain protective orders into the Indiana data and communication system.

Effective: July 1, 2010.

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Steele

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    January 11, 2010, read first time and referred to Committee on Judiciary.

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Introduced

Second Regular Session 116th General Assembly (2010)

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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

SENATE BILL No. 179

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    A BILL FOR AN ACT to amend the Indiana Code concerning public safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 5-2-9-1.2; (10)IN0179.1.1. -->     SECTION 1. IC 5-2-9-1.2, AS ADDED BY P.L.116-2009, SECTION 1, AND AS ADDED BY P.L.130-2009, SECTION 6, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1.2. As used in this chapter, "IDACS coordinator" means an individual who holds an administrative position within a law enforcement agency that has operational Indiana data and communication system (IDACS) terminals and who is appointed by the director of the law enforcement agency.

SOURCE: IC 5-2-9-1.4; (10)IN0179.1.2. -->     SECTION 2. IC 5-2-9-1.4, AS ADDED BY P.L.116-2009, SECTION 2, AND AS ADDED BY P.L.130-2009, SECTION 7, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1.4. As used in this chapter, "Indiana protective order registry" or "registry" means the Indiana protective order registry an Internet based registry of protective orders established under section 5.5 of this chapter and developed and maintained by the division of state court administration.

SOURCE: IC 5-2-9-1.7; (10)IN0179.1.3. -->     SECTION 3. IC 5-2-9-1.7, AS AMENDED BY P.L.116-2009,

SECTION 3, AND AS AMENDED BY P.L.130-2009, SECTION 8, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1.7. As used in this chapter, "protected person" means a person or an employer (as defined in IC 34-26-6-4) protected under a protective order, as defined in section 2.1 of this chapter.

SOURCE: IC 5-2-9-5.5; (10)IN0179.1.4. -->     SECTION 4. IC 5-2-9-5.5, AS ADDED BY P.L.116-2009, SECTION 5, AND AS ADDED BY P.L.130-2009, SECTION 10, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5.5. (a) The Indiana protective order registry is established.
    (b) The registry is an Internet based, electronic depository for protective orders. Copies of all protective orders shall be retained in the registry.
    (c) The registry must contain confidential information about protected persons.
    (d) The division of state court administration shall create, manage, and maintain the registry.
    (e) A protective order retained under section 5 of this chapter may be entered in the registry.
    (f) The division of state court administration shall make the protective order registry established by IC 5-2-9-5.5, this section available so that county case management systems may interface with the protective order registry by not later than December 31, 2009.
    (g) The division of state court administration shall submit information concerning a standard protocol for county case management systems to interface with the protective order registry to each:
        (1) prosecuting attorney; and
        (2) court.

SOURCE: IC 5-2-9-6.5; (10)IN0179.1.5. -->     SECTION 5. IC 5-2-9-6.5, AS ADDED BY P.L.116-2009, SECTION 7, AND AS ADDED BY P.L.130-2009, SECTION 12, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6.5. (a) After a court issues a protective order and issues the order to the registry, an IDACS coordinator or an individual designated by the sheriff may provide additional information about the parties in the an order, including:
        (1) dates of birth;
        (2) Social Security numbers;
        (3) driver license numbers; and
        (4) physical descriptions of the parties;
to ensure the accuracy of the orders in the registry and information in

IDACS.
    (b) A law enforcement agency that perfects service of a protective order issued to the registry shall enter into the registry:
        (1) the date and time the law enforcement agency received served the protective order;
        (2) the location of the person who is the subject of the protective order, if this information is available;
        (3) the name and identification number of the law enforcement officer who served serves the protective order; and
        (4) the manner in which that the protective order was is served.

SOURCE: IC 5-2-9-8; (10)IN0179.1.6. -->     SECTION 6. IC 5-2-9-8, AS AMENDED BY P.L.116-2009, SECTION 9, AND AS AMENDED BY P.L.130-2009, SECTION 14, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. Except for a protective order that is created retained in the registry, a law enforcement agency that receives a copy of a protective order shall enter the information received into the Indiana data and communication system (IDACS) computer under IC 10-13-3-35 upon receiving a copy of the order.

SOURCE: IC 10-13-3-35; (10)IN0179.1.7. -->     SECTION 7. IC 10-13-3-35 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 35. (a) On a daily basis, all law enforcement agencies shall enter into the Indiana data and communication system (IDACS) computer the following:
        (1) All information concerning stolen or recovered property, including the following:
            (A) Motor vehicles.
            (B) Firearms.
            (C) Securities.
            (D) Boats.
            (E) License plates.
            (F) Other stolen or recovered property.
        (2) All information concerning fugitives charged with a crime, including information concerning extradition.
        (3) All information concerning runaways, missing and unidentified persons, and missing children (as defined in IC 10-13-5-4), including information concerning the release of those persons to the custody of a parent or guardian.
        (4) Information contained in a protective order, including any modifications or extensions issued by a court and filed with a law enforcement agency as required in IC 5-2-9-6(f).
    (b) On a daily basis, all law enforcement agencies shall do the following:
        (1) Enter all information concerning missing children (as defined

in IC 10-13-5-4) into the National Crime Information Center's Missing Person File.
        (2) Enter all information concerning warrants issued for a person who allegedly abducted or unlawfully retained a missing child into the National Crime Information Center's Wanted Person File.
        (3) Enter all information concerning unidentified persons into the National Crime Information Center's Unidentified Person File.
        (4) Enter all information concerning a protective order, a workplace violence restraining order, or a no contact order involving intimate partners into the National Crime Information Center's (NCIC) Protection Order File if the order qualifies under NCIC rules.
        (c) (4) If a protective order, a no contact order, or a workplace violence restraining order is removed from a depository established under IC 5-2-9, the law enforcement agency responsible for the depository shall delete the information entered under subsection (a)(4) from the Indiana data and communication system (IDACS) computer.