The House Corrections and Criminal Code Committee heard SB 148 on prosecuting attorneys sponsored by Rep. Steuerwald.Theauthor, Sen. Koch, introduced the bill which:
- permits a prosecuting attorney to purchase a crime insurance policy instead of executing a surety bond
- permits the Department of Child Services or a prosecuting attorney to file a paternity action in certain cases
- allows a prosecuting attorney to request and use funds that are derived from a deferral program or pretrial diversion program for expenses of the office of the prosecuting attorney
- renames the drug prosecution fund as the substance abuse prosecution fund
- requires a prosecuting attorney to investigate information or an allegation received about the commission of criminal offenses, acts of delinquency, or infractions
- allows a prosecuting attorney to issue or request a subpoena, search warrant, or other process necessary to aid an investigation
- broadens the types of expenses a county auditor shall pay the prosecuting attorney in connection with a criminal case
- allows a prosecuting attorney to appoint employees with the approval of the county council
- allows the Prosecuting Attorneys Council of Indiana to call two conferences each year and specifies who may attend the conferences
- requires that expenses incurred by a deputy prosecuting attorney or an employee of a prosecuting attorney for attending a conference held by the Prosecuting Attorneys Council of Indiana be paid by the county general fund
- requires the Prosecuting Attorneys Council of Indiana to conduct certain training
- allows a prosecuting attorney to seek and receive grants and funding from any source to assist in the discharge of duties of the office of the prosecuting attorney with the consent of the county council
- repeals the calculation of how the population of a judicial district is calculated for the purpose of determining the salary of a prosecuting attorney
- requires that a prosecuting attorney of a judicial circuit with a population of more than 20,000 be a full-time prosecuting attorney
- provides a prosecuting attorney with defense and indemnification in a disciplinary action for conduct that occurred within the scope of employment
- allows the Department of Child Services or a prosecuting attorney to file a paternity action as a next friend of the child within the statute of limitations that would apply as if the child had filed on the child’s own behalf and provides that a prosecuting attorney may seek and receive state and federal grants.
The bill was amended by consent to:
- permit a prosecutor to file a paternity action as next friend of the child of the alleged father
- permit a prosecutor to issue pre-charge subpoenas
- provide that an investigator employed by a prosecutor’s office has the same authority as a law enforcement officer in the county
- remove the portions of the bill that require a county fiscal body to appropriate funds from a deferral program or pretrial diversion program upon a request by the prosecuting attorney
- remove the requirement that expenses incurred by a deputy prosecuting attorney or an employee of a prosecuting attorney for attending a conference held by the Prosecuting Attorneys Council of Indiana be paid by the county general fund
- remove the portions of the bill allowing a prosecuting attorney to seek and receive grants and funding from any source to assist in the discharge of duties of the office of the prosecuting attorney with the consent of the county council.
The Indiana Public Defender Council and the Indiana Prosecuting Attorneys Council testified in support of the bill. The amended bill passed 9-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/senate/148