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Legislative Update

Noncompliant prosecuting attorneys

February 24, 2023 Filed Under: Criminal

The Senate Corrections and Criminal Law Committee heard SB 284 on noncompliant prosecuting attorneys authored by Sen. Freeman. The bill does the following:

  • Permits the legislative council to request the appointment of a special prosecuting attorney if a prosecuting attorney is categorically refusing to prosecute certain crimes.
  • Establishes a procedure for the appointment of a person to serve as a special prosecuting attorney to prosecute cases that the county prosecuting attorney is refusing to prosecute.
  • Establishes the: (1) special prosecutor unit within the Indiana Prosecuting Attorneys Council (IPAC); and (2) special prosecutor unit fund.
  • Specifies the maximum salary for an attorney appointed by the Executive Director of IPAC.

The bill was amended by consent to remove provisions affecting the legislative council and the special prosecutor unit.  The amendment also establishes a new procedure for appointment of a special prosecutor.  IPAC  testified in support of the bill.  The amended bill passed 6-2.

Read the bill at:  https://iga.in.gov/legislative/2023/bills/senate/284

Filed Under: Criminal Tagged With: prosecutor

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