Legislative Agenda
In the 2012 session of the Indiana General Assembly, Indiana Attorney General Greg Zoeller recommends or supports consumer-friendly legislation that protects the public. The Attorney General’s legislative team attends committee hearings and floor votes of the Indiana House of Representatives and Indiana Senate. The team testifies at hearings and works to inform legislators about the impact on Hoosiers that bills would have if they become law. Deputy Attorney General David Miller leads the legislative team. The following are bills recommended or supported by the Attorney General.
Human Trafficking - Senate Bill 4
Bill Status: Assigned to Senate Committee on Corrections, Criminal and Civil Matters, passed 9-0 January 5, moved to the full Indiana Senate, passed 48-0 January 10. Assigned to the House Committee on Courts and Criminal Code, passed 9-0 January 20, passed 93-0 by the Indiana House January 27, signed into law by the Governor January 30.
Human trafficking can include the recruiting, harboring or selling of a person, especially a child, for purposes of prostitution, commercial sex acts, forced labor or involuntary servitude. Senate Bill 4 makes several updates to existing law prohibiting human trafficking.
Since trafficking is often committed by criminals who are unrelated to their victims, the bill closes a loophole in statute so that any non-relative who victimizes a child in this way can be prosecuted, rather than a parent or guardian only. Also, the bill would more effectively define the crime of “promotion of human trafficking of a minor” so that prosecutors could bring charges against traffickers even if no force was used, and for situations involving prostitution and involuntary servitude of minors.
Large sporting events are associated with human trafficking; and law enforcement, victim-advocacy groups and the Attorney General urged that the Legislature pass Senate Bill 4 prior to Super Bowl XLVI in Indianapolis on February 5. It is now law.
Public Access Issues - Senate Bill 92 and House Bill 1093
Bill Status: Senate Bill 92 assigned to Senate Local Government Committee; passed 10-0 January 25, eligible for third reading in the Indiana Senate. House Bill 1093 assigned to the House Government and Regulatory Committee; passed 11-0 as amended January 17; passed 90-4 in the Indiana House January 27; moved to the Indiana Senate and assigned to the Senate Local Government Committee.
In 2011, Attorney General Zoeller and the Hoosier State Press Association conducted a series of Public Access Seminars around the state for attorneys, local government officials and the public. The consensus of those training sessions was that Indiana’s current public records and open meetings laws are difficult to enforce since there is no meaningful penalty for violating them. Legislation on public access issues would create penalties that courts could impose of $100 for the first violation of open meeting and public records laws, and $500 for additional violations, and specify the official in charge of the office or agency would be held responsible. Such penalties could be imposed if an agency denied public access to records or meetings after the Indiana Public Access Counselor issued an opinion finding them to be public. Also, the legislation would require local governments to provide meeting notices online or by email to those who request them.
Lab Technician Testimony in Criminal Cases - Senate Bill 246
Bill Status: Assigned to Senate Judiciary Committee and passed 10-0 January 25; passed 48-0 on third reading in the Indiana Senate January 31, now moves to the Indiana House.
In October 2011, Attorney General Zoeller’s annual Criminal Justice Summit focused on a recent U.S. Supreme Court decision that had a significant impact on the use of expert witness testimony when introducing crime lab evidence in criminal trials. The Supreme Court’s 2011 decision requires that the actual laboratory analyst who performs forensic tests on blood or other evidence must personally testify in the defendant’s trial -- rather than substitute testimony by a supervisor or expert witness who interpreted the lab results, which had been the common practice. Prosecutors and courts expressed concern that requiring live witness testimony will create significant backlogs and burdens on the testing system.
Senate Bill 246 would streamline the process to comply with the Supreme Court. It requires a prosecutor who intends to introduce a lab report into evidence to notify the court 20 days before the trial, and requires the defendant who intends to cross-examine the lab technician to file a demand within 10 days of getting notice. If the demand is properly filed, then the laboratory report would not be admissible in court unless the lab technician is personally made available to testify and be cross-examined by the defense. If the demand is not properly filed, then the defendant’s opportunity for cross-examination would be waived.
Administrative Law Judge Study - House Bill 1273
Bill Status: Assigned to the House Judiciary Committee; passed 7-0 January 20, approved 93-1 in the Indiana House January 30; moves to the Indiana Senate.
State agencies typically conduct administrative hearings in which enforcement actions and other types of official proceedings take place under administrative law. At such a hearing, the presiding officer is an attorney who serves as administrative law judge, or ALJ. Some ALJs are attorneys provided by the Attorney General’s Office, others are hired by state agencies directly. House Bill 1273 would conduct a summer study committee to examine whether a centralized department of administrative law judges should be created within the Attorney General’s Office. The study committee’s conclusions could then be considered by the 2013 Legislature.
Immunity for Certain Alcohol Offenses - Senate Bill 274 and House Bill 1245
Bill Status: Senate Bill 274 assigned to Senate Judiciary Committee; approved 10-0 as amended January 18, passed 50-0 January 24 in the Indiana Senate; sent to Indiana House. House Bill 1245 assigned to the House Committee on Courts and Criminal Code.
Because of concerns that underage drinkers might not seek help for an intoxicated person in medical distress out of fear of being arrested themselves, college students from Purdue University, Indiana University and other campuses have proposed the "Indiana Lifeline Law." If the legislation is passed, a person would be immune from being arrested for underage consumption, public intoxication or other misdemeanor alcohol offenses, if he or she had requested emergency assistance for another person who needs medical attention due to alcohol intoxication. Intended to encourage prompt first response for medical emergencies and prevent alcohol-related deaths, the immunity would mean the prosecutor would not file criminal charges against the person who requests help for another.
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