ICADV LEGISLATIVE REPORT
2015 Session of the Indiana General Assembly
End of session report: May 7, 2015
The Indiana General Assembly concluded its 2015 legislative session at midnight on April 29, 2015. Speaker Bosma had declared domestic violence to be a priority of the 2015 session, and the House budget increased General Fund appropriations for domestic violence prevention and treatment by $2.5 million, doubling General Fund appropriations from the previous biennium to reach $5 million per year. In the final budget, HEA 1001, the House budget increase was retained. (In the 2013 budget, the Senate had also increased funding by about $800,000 per year, so since 2013, funding has increased by $3.3 million/year.) When requesting additional appropriations from the House, ICADV was also able to obtain assistance from the Speaker’s office in funding a first time ever line item for victims of sexual assault, in the amount of $1 million per year. Many thanks are due to the House for their support of these appropriations, including Representatives who spoke publicly, some for the first time, about growing up in families with physically abusive fathers, and to Senator Kenley for his continued support.
ICADV was also able to obtain passage of HEA 1159, legislation protecting those who file protective orders from being fired, based on either the filing of the protective order, or the actions of the person against whom the order was filed. Many thanks to Sen. Lonnie Randolph, Sen. Phil Boots, Sen. Jim Arnold, Sen. Amanda Banks, Rep. Greg Steuerwald, Rep. Christopher Judy, and Rep. Karlee Macer, for their support with making this legislation happen, and also to Ed Roberts with the Indiana Manufacturer’s Association, who negotiated a compromise with us.
Other notable legislation included SEA 289, a bill that permitsa law enforcement agency to share certain information with a crime victim advocate without the agency losing the discretion to keep this information confidential from other persons requesting records, and
SB125, a bill filed by Sen. Crider to mandate property or casualty insurance coverage for an innocent coinsured . Following opposition from insurance companies, SB 125 was turned into an interim study. Although this House did not hear SB 125, Sen. Holdman has promised to study this issue in the interim committee that he will chair.
ICADV also joined others to successfully advocate maintaining Neighborhood Assistance Program (NAP) credits in SEA 441. Summaries are below of these issues and many more. To see the full texts of any of these bills, go to: iga.in.gov, click on the “Bills” tab at the upper right, and enter the bill number.
I. DOMESTIC VIOLENCE
HEA1001STATE BIENNIAL BUDGET
DOMESTIC VIOLENCE PREVENTION AND TREATMENT
General Fund
Total Operating Expense:$5,000,000 in SFY16, and $5,000,000 in SFY17
Domestic Violence Prevention and Treatment Fund (IC 5-2-6.7-4)
Total Operating Expense:$1,064,334, $ 1,064,334
Augmentation allowed.
The above appropriations are for programs and treatment for the prevention of domestic violence. The appropriations may not be used to construct or rehab a shelter.
**GENERAL FUND APPROPRIATIONS WERE DOUBLED FROM THE LAST BUDGET.
First year reporting requirement:
SECTION 278. [EFFECTIVE JULY 1, 2015] (a) Before November 1, 2016, the Indiana criminaljustice institute shall submit to the legislative council in an electronic format under IC 5-14-6 areport of its activities related to domestic violence prevention and treatment in the state fiscal yearbeginning July 1, 2015, and ending June 30, 2016. The report must include:
(1) final program performance reports for each program that received funding for the statefiscal year beginning July 1, 2015, and ending June 30, 2016; and
(2) a summary of the use of funds and the outcomes achieved by these programs.
(b) The summary report under subsection (a) shall be prepared by the Indiana criminal justiceinstitute and submitted before October 1, 2016, to the domestic violence prevention and treatmentcouncil established under IC 5-2-6.6-3 for review and approval.
SEXUAL ASSAULT VICTIMS' ASSISTANCE
Total Operating Expense 1,000,000 1,000,000
Sexual Assault Victims' Assistance Account (IC 5-2-6-23(h))
Total Operating Expense 25,000 25,000
Augmentation allowed. The full amount of the above appropriations shall be distributed 45 to rape crisis centers in Indiana without any deduction of personal services or other 46 operating expenses of any state agency.
**THIS IS A FIRST TIME EVER STATE APPROPRIATION FOR VICTIMS OF SEXUAL ASSAULT, as requested by ICADV along with increased appropriations for domestic violence prevention and treatment.
(The two bills below did not move independently but pieces were rolled into the budget)
HB1007 DOMESTIC VIOLENCE PREVENTION AND TREATMENT AND SEXUAL ASSAULT ASSISTANCE (KIRCHHOFER C, Olthoff, Frizzell, Hale) Prohibits a cap on a grant or contract amount under the domestic violence prevention and treatment program administered by the criminal justice institute. Makes a state general fund appropriation to the criminal justice institute for domestic violence prevention and treatment. Specifies that the appropriation is $5,000,000 for state fiscal year 2015-2016 and $5,000,000 for state fiscal year 2016-2017. (The 2013 budget act appropriated $2,500,000 each year). Makes a state general fund appropriation to the sexual assault victims assistance account. Specifies that the appropriation is $1,000,000 for state fiscal year 2015-2016 and $1,000,000 for state fiscal year 2016-2017. Requires the victim services division of the criminal justice institute, instead of the sexual assault victim advocate standards and certification board, to administer the sexual assault victims assistance account.
HB1299SEXUAL ASSAULT AND DOMESTIC VIOLENCE (OLTHOFF J) Repeals the sexual assault victim advocate standards and certification board. Creates the domestic violence and sexual assault prevention and treatment council (council). Provides that the council shall: (1) administer the sexual assault victims assistance account; (2) coordinate and monitor programs for state and federal funding concerning sexual assault, domestic violence and family violence prevention; and (3) make recommendations to the board of trustees of the criminal justice institute concerning certain grants or contracts involving sexual assault, domestic violence, and family violence prevention. Makes appropriations to the domestic violence prevention and treatment fund and the sexual assault victim's assistance account.
HEA1159 PROTECTIVE ORDERS AND EMPLOYMENT (JUDY C) Provides that an employer may not terminate an employee based on: (1) the filing, by the employee, of a petition for a protective order; or (2) the actions of an individual against whom the employee has filed a protective order.
5/5/2015 - SIGNED BY GOVERNOR
4/28/2015 - Conference Committee Report Adopted CCR #1 (33-12)
4/28/2015 - Conference Committee Report Adopted CCR #1 (99-0)
SB133PROTECTIVE ORDERS AND EMPLOYMENT (RANDOLPH L, Boots) Provides that an employer may not terminate an employee or discriminate against an employee with respect to compensation, benefits, or terms and conditions of employment based on the filing by the employee of a petition for a protective order, whether or not the order has been issued.
2/16/2015 - Third reading passed; Roll Call 157: yeas 31, nays 19
*Note, after SB 133 was not heard in the House, Rep. Steuerwald, who was the chair that did not hear this bill, agreed to allow a version of this language to be put into HB 1159, which as was stripped of duplicative language in conference committee. The Indiana Manufacturer’s Association negotiated language with ICADV for this conference committee report.
SB125PROPERTY OR CASUALTY INSURANCE COVERAGE FOR INNOCENT COINSURED (CRIDER M, Lanane, Arnold, Merritt, Randolph) Urges the legislative council to assign the topic of property or casualty insurance coverage for an innocent coinsured to an interim study committee during the 2015 interim.] .
2/24/2015 –Passed Senate 50-0. House sponsor: Cherry.
This bill, as filed, prohibited denial of insurance coverage for innocent coinsured, but in the Senate Committee it was turned into a study. After passing the Senate, the bill was assigned to House Rules, which did not hear most legislation mandating interim studies. However, Sen. Holdman promises to hear this concept in his study committee this summer. The author, Sen. Crider, promises to continue advocating for this bill throughout interim study and next session.
SB289CONFIDENTIAL VICTIM SERVICES REQUESTS (ARNOLD J) Permits, for purposes of the public records law, a law enforcement agency to share certain information with a crime victim advocate without the agency losing the discretion to keep this information confidential from other persons requesting records.4/15/2015 - SIGNED BY GOVERNOR
Other:
SB564STATUS OF MARRIAGE STUDY (ZAKAS J, Becker, Grooms, Delph) Urges the legislative council to assign to an appropriate study committee the topic of the status of marriage in Indiana. Specifies issues that may be considered in studying the topic and requires the committee to seek testimony from experts on marriage and divorce. (Was a bill that extended the waiting period for dissolution to 180 days with children, and to 120 days without children, with a provision that anyone asserting domestic violence would be exempted.) 2/17/2015 - Third reading passed; Roll Call 183: yeas 38, nays 12. Not heard in House Rules.
Additional appropriation in the budget, HEA 1001:
FOR THE UTILITY REGULATORY COMMISSION
211 SERVICES (IC 8-1-19.5)
Total Operating Expense 1,000,000 1,000,000
II. SEXUAL ASSAULT
SB94 STATUTE OF LIMITATIONS FOR RAPE (CRIDER M, Bassler, Eckerty and Merritt, Pat Miller, Mike Young, Steele, Arnold, Charbonneau) Provides that a rape charge otherwise barred by the statute of limitations may be brought within five years of the time that: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense. 4/29/2015 - SIGNED BY GOVERNOR
SB313 DEFINITION OF "SEXUAL CONDUCT" (HEAD R) Adds exhibition of the female breast to the definition of "sexual conduct" for purposes of the law concerning child exploitation and child pornography.4/29/2015 - SIGNED BY GOVERNOR
SB522 SERIOUS SEX OFFENDERS (MRVAN F) Defines "serious sex offender". Makes entry on school property by a serious sex offender a Level 6 felony. Provides that a serious sex offender is entitled to vote by mail. Requires the department of correction to inform a serious sex offender at the time of discharge from the department: (1) that a serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Level 6 felony; and (2) of voting options for the serious sex offender.
4/9/2015 - Signed by the President Pro Tempore
SR3 A SENATE RESOLUTION URGING THE LEGISLATIVE COUNCIL TO ASSIGN TO THE APPROPRIATE COMMITTEE THE TOPIC OF RAISING THE AGE OF CONSENT FROM 16 TO 18 YEARS OF AGE (STEELE B, Mrvan) A SENATE RESOLUTION urging the legislative council to assign to the appropriate committee the topic of raising the age of consent from 16 to 18 years of age.
HR70A HOUSE RESOLUTION URGING THE LEGISLATIVE COUNCIL TO ASSIGN THESE TOPICS TO AN APPROPRIATE STUDY COMMITTEE (KIRCHHOFER C, HALE) A HOUSE RESOLUTION urging the legislative council to assign these topics to an appropriate study committee.
SECTION 1. That the legislative council is urged to assign the following topics to an appropriate study committee:
1. Emerging technology, social media, and other electronic platforms and the impact they have on crime involving sexual assault, blackmail, bullying, etc.
2. Curbing demand for prostitution through increasing the fines and penalties for those persons who purchase sex; further increasing the fines and penalties when purchasing sex from a
child.
3. Establishing an affirmative definition of consent, re: rape/sexual assault.
4. Ensuring confidentiality for campus assault advocates.
5. Providing safe harbor - ensuring that child victims of human trafficking are not charged with prostitution but are treated by the criminal justice system as victims.
6. Funding for victim services.
7. Providing a mechanism for groups that serve children to collect data dealing with human trafficking victims.
8. Exploring the possibility of vacating convictions for prostitution or other crimes committed while the person was being trafficked.
9. Reviewing statewide study of children, assault, and underreporting, to include the possible need for further study.
10. Child molesters and the spread of sexually transmitted diseases to underage victims.
11. Custody issues between rape victims, particularly underage victims, and rape perpetrators.
services provided by government or nonprofit organizations to ensure the health and well-being of Indiana
III. HUMAN TRAFFICKING
HB1216 MISSING CHILDREN AND TRAFFICKED CHILDREN (TRUITT R) Requires the superintendent of the state police department to: (1) provide a written informational pamphlet that includes information concerning the National Center for Missing and Exploited Children and the National Runaway Safeline; and (2) distribute the pamphlet to every law enforcement agency. Requires a law enforcement agency to provide the pamphlet to a person making a report of a missing child at the time the person makes the report. Provides a defense to the crime of prostitution if the person was a child who was a victim or alleged victim of human or sexual trafficking at the time the person engaged in the prohibited conduct. Requires a law enforcement agency to immediately contact the department of child services if the law enforcement agency detains an alleged victim of human or sexual trafficking who is less than 18 years of age. 4/15/2015 - SIGNED BY GOVERNOR
SB532 HUMAN TRAFFICKING, PROMOTING PROSTITUTION, AND ADULT ENTERTAINMENT PERFORMERS (HEAD R) Provides that, for purposes of the law concerning actions for indecent nuisances, an indecent nuisance includes a public place in or upon which human trafficking is conducted, permitted, continued, or exists, and the personal property and contents used in conducting and maintaining the place for such a purpose. Establishes the human trafficking prevention and victim assistance fund to fund human trafficking victim services and human trafficking prevention programs. Provides that: (1) 80% of money collected in the seizure of property used in connection with human trafficking will be transferred to the human trafficking prevention and victim assistance fund; and (2) 20% of the money will be transferred to the county for use by the prosecuting attorney. Allows a law enforcement agency to seize real or personal property, including a vehicle, that is used by a person to: (1) commit, attempt to commit, or conspire to commit; (2) facilitate the commission of; or (3) escape from the commission of; an offense concerning human trafficking or promoting prostitution. Requires: (1) the Indiana prosecuting attorneys council to make an annual report to the legislative council concerning civil property forfeitures conducted in Indiana; and (2) the state police department to annually report to the legislative council the amount of money it has received from the federal government as the result of property forfeitures conducted by the federal government. Requires a holder of an alcohol retailer's permit that provides adult entertainment on the licensed premises to: (1) require adult entertainment performers to provide proof of age and proof of legal residency; (2) take a photograph of each adult entertainer who auditions to provide adult entertainment at the licensed premises and retain the photograph for at least three years; (3) require all employees to sign a document acknowledging their awareness of the problem of human trafficking; (4) display human trafficking awareness posters in at least two places in the licensed premises; and (5) cooperate with any law enforcement investigation. Authorizes the alcohol and tobacco commission to suspend, revoke, or refuse to renew a retailer's permit if the permit holder fails to comply with these requirements.
4/29/2015 - Conference Committee Report Adopted CCR #1
IV. FIREARMS and OTHER WEAPONS:
SB98 LAWSUITS AGAINST GUN MANUFACTURERS (STEELE B) Prohibits a person from bringing certain actions against a firearms manufacturer, ammunition manufacturer, trade association, or seller, and makes the prohibition effective upon passage. Prohibits awards for attorney's fees and incurred costs in certain instances.05/04/2015 SIGNED BY GOVERNOR
SB433 SHOTGUNS (TOMES J) Repeals the prohibition against manufacturing, importing, selling, or possessing a sawed-off shotgun. Provides for a 10 year sentence enhancement if a person possesses a sawed-off shotgun in violation of federal law while committing certain offenses. Makes conforming amendments.4/29/2015 - SIGNED BY GOVERNOR
(See firearm provisions in HB1302 and SB 559, below.)
V. CRIMINAL JUSTICE
HB1006 CRIMINAL JUSTICE FUNDING (STEUERWALD G) Establishes the justice reinvestment advisory council (advisory council) to review and evaluate local corrections programs, grant applications, and the processes used to award grants. Requires the department to compile certain information and submit reports to the budget committee and advisory council. Specifies the purposes for which the department may award financial aid. Repeals the county corrections fund that provides funding to each county for operation of the county's jail, jail programs, or other local correctional facilities or community based programs. Requires a probation officer to consult with community corrections concerning programs available to the defendant in preparing the presentence report. Permits a court to delegate the terms of placement in community corrections to the community corrections program director, and permits the director to change the terms of placement or reassign a person in community corrections. Provides that after December 31, 2015, a court may not commit a person convicted of a Level 6 felony to the department of correction, with certain exceptions. Requires the department of correction, the division of mental health and addiction, and a community corrections advisory board to submit grant applications to the advisory council for review. Provides that the advisory council shall meet to: (1) work with the department of correction and the division of mental health and addiction to establish the grant criteria; and (2) make recommendations to the department of correction and the division of mental health and addiction concerning the award of grants. Establishes the mental health and addiction forensic treatment services account within the statutes governing the division of mental health and addiction and provides that the division may use money in the account to fund grants and vouchers for mental health and addiction forensic treatment services. Permits the department of correction to accept an offender convicted of a misdemeanor if the offender has at least 547 days remaining before the person's earliest release date as the result of a sentencing enhancement applied to a misdemeanor sentence. Specifies that a sheriff is entitled to a per diem and medical expense reimbursement from the department of correction for the cost of incarcerating certain persons in the county jail. Makes permanent certain provisions permitting the department of correction to award grants from operational savings attributable to HEA 1006-2014, and provides that these funds may only be used for community corrections or court supervised recidivism reduction programs. Specifies that certain funds may not be used to construct or renovate community corrections facilities. Resolves conflicts.5/5/2015 - SIGNED BY GOVERNOR