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Legislative Update

Protective orders

February 18, 2022 Filed Under: Criminal

The Senate Judiciary Committee heard HB 1137 concerning protective orders sponsored by Sen. Freeman.  Rep. Cook, the author, presented the bill which provides a protective order does not expire if it is entered against a person required to register as a sex and violent offender for life and the petitioner requesting the protective order was the victim of the crime that resulted in the lifetime registration requirement. 

The bill was amended by consent to:

  • add a respondent described above must request a hearing on objections within 30 days of receiving the notice of protection but in all other cases either party may request a review of an ex parte order or modification of an ex parte order of protection at any time
  • provide courts shall hear such petitions within 30 days after the filing of a request for a hearing unless continued for good cause
  • clarify that the offenders subject to the bill are those described in Ind. Code §11-8-8-5 and who are required to register for life under Ind. Code § 11-8-8-19. 

Testimony in support was provided by a crime victim, and the Indiana Prosecuting Attorneys Council. The Indiana Coalition Against Domestic Violence testified in support of the original bill and noted some concerns on the amendment. The bill passed as amended 9-0.

Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1137

Filed Under: Criminal Tagged With: protective orders

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