Bill Text: IN HB1571 | 2011 | Regular Session | Introduced
Bill Title: Filing of criminal law bills.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Rules and Legislative Procedures [HB1571 Detail]
Download: Indiana-2011-HB1571-Introduced.html
Citations Affected: IC 2-5-31; IC 2-5.5-5.
Synopsis: Filing of criminal law bills. Requires the criminal law and
sentencing policy study committee to review all requests for proposed
legislative or constitutional changes in criminal law, criminal
procedure, the law governing delinquent acts, or juvenile court
procedures related to alleged delinquent acts before they are considered
by the house of representatives or senate, unless the proposed change
in criminal law has been approved by certain legislative committees
and specific amounts of money have been appropriated to the
department of correction if certain department expenses will increase.
Requires that bills and joint resolutions that include any of these
matters must be assigned to the appropriate standing criminal law
committee of the house of representatives or senate on first reading of
the bill or joint resolution and must include certain information
concerning the fiscal impact of the proposed change. Delays the
effective date of a proposal until the estimated amount of any increase
in the expenditures of the department of correction resulting from
enactment of the proposal is determined. Relocates the statute
establishing the criminal law and sentencing policy study committee.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Rules and Legislative
Procedures.
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
criminal law and procedure.
Chapter 31. Criminal Law and Sentencing Policy Study Committee
Sec. 1. As used in this chapter, "committee" refers to the criminal law and sentencing policy study committee established by section 6 of this chapter.
Sec. 2. As used in this chapter, "confined" has the meaning set forth in IC 11-8-1-6.
Sec. 3. As used in this chapter, "delinquent act" means an act described in IC 31-37-1.
Sec. 4. As used in this chapter, "delinquent child" has the meaning set forth in IC 31-9-2-37.
Sec. 5. As used in this chapter, "offender" has the meaning set forth in IC 11-8-1-9.
Sec. 6. The criminal law and sentencing policy study committee
is established.
Sec. 7. The committee consists of fourteen (14) members
appointed as follows:
(1) Four (4) members of the senate, not more than two (2) of
whom may be affiliated with the same political party,
appointed by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not
more than two (2) of whom may be affiliated with the same
political party, appointed by the speaker of the house of
representatives.
(3) The executive director of the prosecuting attorneys council
of Indiana or the executive director's designee.
(4) The executive director of the public defender council of
Indiana or the executive director's designee.
(5) One (1) person appointed by the members of the Probation
Officers' Professional Association who:
(A) has experience in administering probation programs;
and
(B) is a member of the Probation Officers' Professional
Association of Indiana.
(6) One (1) circuit or superior court judge who exercises
criminal or juvenile jurisdiction, appointed by the chief
justice of the supreme court.
(7) The commissioner of the department of correction.
(8) The chairman of the parole board.
Sec. 8. The chairman of the legislative council shall appoint a
legislative member of the committee to serve as chair of the
committee. Whenever there is a new chairman of the legislative
council, the new chairman may remove the chair of the committee
and appoint another chair.
Sec. 9. If a legislative member of the committee ceases to be a
member of the chamber from which the member was appointed,
the member also ceases to be a member of the committee.
Sec. 10. A legislative member of the committee may be removed
at any time by the appointing authority who appointed the
legislative member.
Sec. 11. If a vacancy exists on the committee, the appointing
authority who appointed the former member whose position is
vacant shall appoint an individual to fill the vacancy.
Sec. 12. The committee shall submit a final report of the results
of the committee's study to the legislative council before November
1 of even-numbered years. The report must be in an electronic
format under IC 5-14-6.
Sec. 13. (a) The Indiana criminal justice institute shall provide
staff support to the committee to prepare:
(1) minutes of each meeting; and
(2) the final report.
(b) The department of correction shall provide staff to the
committee, as requested by the committee. The committee may
request that the department prepare a fiscal analysis for a proposal
being considered under section 18 of this chapter or review and
comment on a fiscal analysis prepared by the staff of the committee
under section 18 of this chapter.
Sec. 14. The legislative services agency shall provide staff
support to the committee to:
(1) advise the committee on legal matters, criminal
procedures, and legal research;
(2) carry out the duties of the committee under section 18 of
this chapter; and
(3) draft potential legislation.
Sec. 15. Each member of the committee is entitled to receive the
same per diem, mileage, and travel allowances paid to individuals
who serve as legislative and lay members, respectively, of interim
study committees established by the legislative council.
Sec. 16. The affirmative votes of a majority of the voting
members appointed to the committee are required for the
committee to take action on any measure, including final reports.
Sec. 17. Except as otherwise specifically provided by this
chapter, the committee shall operate under the rules of the
legislative council. All funds necessary to carry out this chapter
shall be paid from appropriations to the legislative council and the
legislative services agency.
Sec. 18. (a) The committee is established to evaluate criminal
laws, sentencing laws, and policies as they relate to:
(1) the purposes of the criminal justice and corrections
systems;
(2) the availability of sentencing options; and
(3) the inmate population in department of correction
facilities.
If, based on the committee's evaluation under this subsection, the
committee determines that changes are necessary or appropriate,
the committee shall make recommendations to the general
assembly for the modification of sentencing laws and policies and
for the addition, deletion, or expansion of sentencing options.
(b) The committee shall do the following:
(1) Conduct a continuing study of the laws relating to:
(A) the investigation of crimes;
(B) the prosecution of crimes;
(C) criminal procedures;
(D) alternative sentencing programs;
(E) the department of correction;
(F) parole;
(G) probation;
(H) community corrections;
(I) home detention programs;
(J) criminal registries;
(K) victim rights;
(L) the classification of criminal offenses into felony and
misdemeanor categories;
(M) sex offenders; and
(N) juvenile offenders.
(2) Study federal requirements or incentives for states to pass
certain laws or establish specific programs.
(3) Determine the long range needs of the criminal justice and
corrections systems and recommend policy priorities for those
systems.
(4) Identify critical problems in the criminal justice and
corrections systems and recommend strategies to solve the
problems.
(5) Assess the cost effectiveness of the use of state and local
funds in the criminal justice and corrections systems.
(6) Propose plans, programs, and legislation for improving the
effectiveness of the criminal justice and corrections systems.
(7) Carry out the duties of the committee under section 19 of
this chapter.
(c) The committee may study other topics assigned by the
legislative council or as directed by the committee chair.
(d) The committee may meet as often as necessary to carry out
the responsibilities of the committee under this section, section 19
of this chapter, or any other law, including meeting on a date
during a session of the general assembly.
Sec. 19. (a) The committee shall do the following:
(1) Review and report to the general assembly on all requests
for proposed legislative or constitutional changes in:
(A) criminal law;
(B) criminal procedure;
(C) the law governing delinquent acts; or
(D) the law governing juvenile court procedures related to
delinquent acts and children alleged to be or adjudicated
to be delinquent children.
The proposals to which this subdivision applies include
proposals to add new crimes for which confinement is
authorized, that increase the period of confinement for a
crime, that raise the classification of a crime from a
misdemeanor to a felony, that impose minimum or mandatory
terms of confinement, or that modify the law governing
release of offenders. Except as provided in subsection (f)(2),
the review must include all proposed legislative or
constitutional changes submitted to the committee by a
legislator and all proposed legislative or constitutional
changes contained in a legislative bill, joint resolution, floor
amendment or motion, committee amendment, conference
committee report, or report of the committee of the whole
that is filed with the house of representatives or the senate or
offered in a committee of the house of representatives or
senate.
(2) Conduct research concerning requests for legislative
changes described in subdivision (1). The research may
include conducting surveys sampling members of the bar,
members of the judiciary, and local officials to determine
needs and problems.
(3) Conduct public hearings, as determined by the committee,
concerning legislative and constitutional changes described in
subdivision (1). The committee shall hold at least one (1)
public hearing on each request submitted to the committee.
(4) Submit a report to the general assembly in an electronic
format under IC 5-14-6 concerning each request presented to
the committee. The report must include the following:
(A) A recommendation on each proposal submitted to the
committee.
(B) If the committee recommends a change in the
constitution or the law, the following:
(i) A draft of legislation implementing the changes.
(ii) A fiscal analysis of the increase or decrease in
operating costs of state and local governments that are
likely to occur if the recommended changes are
implemented.
(iii) Summaries of any research supporting the
recommended changes.
(iv) Summaries of public hearings held concerning the
recommended changes.
(b) The fiscal analysis required under subsection (a)(4) must
include the following information:
(1) The estimated effect of the proposal on the offender
population of the department and the time that offenders will
be confined by the department.
(2) The estimated effect of the proposal on the population of
individuals who are convicted of a crime or adjudicated as a
delinquent child and are confined in a county jail, in a
community corrections program, or otherwise under the
supervision of a political subdivision and on the length of time
that these individuals will be receiving these services from the
political subdivision.
(3) Either:
(A) an estimate of the amount of the increase or decrease
in annual operating costs of the department that may
occur if the proposal is implemented; or
(B) a statement that the fiscal impact of the proposed
change on the department cannot be determined, if the
fiscal impact of the proposal cannot reasonably be
estimated.
(4) Either:
(A) an estimate of the amount of the increase or decrease
in annual operating costs to political subdivisions that may
occur if the proposal is implemented; or
(B) a statement that the fiscal impact of the proposed
change on political subdivisions cannot be determined, if
the fiscal impact of the proposal cannot reasonably be
estimated.
(5) If a proposed change described in subsection (a) may have
the effect of increasing the confined offender population,
increasing the length of time that an offender may be confined
by the department, or otherwise increasing the operating
costs of the department, a statement in substantially the
following form:
"If ____________ (insert the amount determined under
subdivision (3)(A), if subdivision 3(A) applies, or fifty
thousand dollars ($50,000), if subdivision (3)(B) applies) is
not appropriated to the department for the state fiscal year
beginning __________ and ending ________ (insert the
beginning and ending date for the first full state fiscal year
in which the proposed change would otherwise be
effective), the effective date of the proposed change is
delayed until July 1 of the first full state fiscal year for
which the general assembly makes a one (1) year
appropriation of this amount to the department for the
purposes of implementing the proposed change.".
Estimates under subdivisions (3)(A) and (4)(A) must identify the
highest single year increase or decrease in annual operating costs
that may result if the proposal is implemented. The estimate must
be based on an analysis of cost projections for at least three (3) full
years. Costs for the department must be estimated on a state fiscal
year basis, and costs of political subdivisions must be estimated on
a calendar year basis.
(c) After June 30, 2011, a legislative bill or joint resolution filed
in the senate that includes a proposed change described in
subsection (a)(1) must be assigned on first reading to one (1) of the
following committees:
(1) Corrections, criminal, and civil matters.
(2) Judiciary.
If a proposed change described in subsection (a)(1) is amended into
a vehicle bill or vehicle joint resolution in a committee other than
a committee described in subdivision (1) or (2), the bill or joint
resolution, on adoption of the committee report, shall be reassigned
to a committee described in subdivision (1) or (2).
(d) After June 30, 2011, a legislative bill or joint resolution filed
in the house of representatives that includes a proposed change
described in subsection (a)(1) must be assigned on first reading to
one (1) of the following committees:
(1) Courts and criminal code.
(2) Judiciary.
If a proposed change described in subsection (a)(1) is amended into
a vehicle bill or vehicle joint resolution in a committee other than
a committee described in subdivision (1) or (2), the bill or joint
resolution, on adoption of the committee report, shall be reassigned
to a committee described in subdivision (1) or (2).
(e) Except as provided in subsection (i) and subject to subsection
(f), after June 30, 2011, a legislative bill, a joint resolution, a floor
amendment or motion, a committee amendment, a conference
committee report, or a report of a committee of the whole
containing a proposed change in the law described in subsection
(a)(1) is ineligible for consideration by the house of representatives,
the senate, or any committee of the house of representatives or
senate (including a joint committee of the house of representatives
and senate) unless:
(1) the language of the proposed change has been
recommended for enactment by the committee; and
(2) the digest printed on the document containing the
proposed change or the body of the document includes the
following information:
(A) A statement that the proposed change has been
recommended by the criminal law and sentencing policy
study committee.
(B) If the proposed change may have the effect of
increasing or decreasing the operating costs of the
department or a political subdivision, the fiscal impact
information described in subsection (b)(3) and (b)(4).
(C) If the proposed change is likely to have the effect of
increasing the confined offender population, increasing the
length of time that an offender may be confined by the
department, or otherwise increasing the operating costs of
the department, the information described in subsection
(b)(5).
(f) The rules of procedure for the house of representatives or
senate may provide the following:
(1) That a bill or resolution containing a proposed legislative
change described in subsection (a)(1) may be first considered
by one (1) or more other committees before the second
reading of the bill or joint resolution if the bill or joint
resolution (on adoption of the committee report of the
committee reviewing the bill or joint resolution last) is
reassigned to the committee for review.
(2) That a legislative bill, a joint resolution, a floor
amendment or motion, a committee amendment, a conference
committee report, or a report of a committee of the whole
need not be committed or recommitted to the committee if
substantially similar language has been reviewed and
recommended for enactment by the committee after the
conclusion of the immediately preceding session of the general
assembly. Language that potentially increases the time that an
offender or delinquent child could be held in a penal facility
or other secure facility beyond the time recommended by the
committee may not be treated as substantially similar
language.
(g) A motion to enforce this section made by a member of any committee is in order at any time and shall be considered by the committee considering a legislative measure that includes a proposed change described in subsection (a)(1) before the committee considering the legislative measure considers any other motion or amendment on the legislative measure. A motion to enforce this section made by a member of the house of representatives or senate in a meeting of the chamber in which the individual is a member is in order at any time and shall be considered by the members of the house of representatives or senate, respectively, before considering any other motion, report, or amendment on a legislative measure that includes a proposed change described in subsection (a)(1). The house of representatives is the judge of compliance with this section by the house of representatives or a committee of the house of representatives. The senate is the judge of compliance with this section by the senate or a committee of the senate.
(h) This subsection applies if a law or constitutional amendment enacts a proposed change described in subsection (a) that may have the effect of increasing the confined offender population, increasing the length of time that an offender may be confined by the department, or otherwise increasing the operating costs of the department. If the amount determined under subsection (b)(3)(A) (if subsection (b)(3)(A) applies), fifty thousand dollars ($50,000) (if subsection (b)(3)(B) applies), or an amount determined under subsection (i) is not appropriated to the department for the first full state fiscal year in which the proposed change would otherwise be effective, the effective date of the proposed change is delayed until July 1 of the first full state fiscal year for which the general assembly makes a one (1) year appropriation of this amount to the department for the purposes of implementing the proposed change.
(i) After June 30, 2011, a legislative bill, a joint resolution, a floor amendment or motion, a committee amendment, a conference committee report, or a report of a committee of the whole containing a proposed change in the law described in subsection (a)(1) is not subject to subsection (e) if any of the following apply:
(1) The proposed change in the law may have the effect of increasing the confined offender population, increasing the length of time that an offender may be confined by the department, or otherwise increasing the operating costs of the department based on a fiscal analysis of the proposed change in the law by the legislative services agency as described in
subsection (b), and both the senate committee on
appropriations and the house committee on ways and means
have approved an appropriation to the department that is at
least equal to the amount of money determined in the fiscal
analysis described in subsection (b)(5).
(2) One (1) of the following committees in the senate votes to
approve the proposed change in the law:
(A) Corrections, criminal, and civil matters.
(B) Judiciary.
(3) One (1) of the following committees in the house votes to
approved the proposed change in the law:
(A) Courts and criminal code.
(B) Judiciary.
(j) The committee report of a committee that approves a
proposed change in the law described in subsection (i) must
indicate that the language of the proposed change has been
recommended for enactment. The digest printed on the bill
containing the proposed change must include the following
information:
(1) If the proposed change may have the effect of increasing
or decreasing the operating costs of the department or a
political subdivision, the fiscal impact information described
in subsection (b)(3) and (b)(4).
(2) If the proposed change is likely to have the effect of
increasing the confined offender population, increasing the
length of time that an offender may be confined by the
department, or otherwise increasing the operating costs of the
department, the information described in subsection (b)(5).
(3) A statement that funds have been appropriated to the
department as described in subsection (b)(5).
