Final 2022 Indiana Legislative Session Update
Here is a list of the most recent Indiana Bills enacted into Law through the 2020 Indiana Legislative Session:
Newborn safety device – Effective: July 1, 2022
Modifies the newborn safety device requirements that apply to a fire department. Modifies the immunity provisions applicable to certain individuals and entities that take custody of a child or operate a newborn safety device.
Agritourism activities – Effective: July 1, 2022
Specifies that “agritourism activity” includes camping, canoeing, kayaking, tubing on a river, and winter sports activities, including activities that take place on a facility or on grounds used for or in connection with winter sports activities. Provides that failure to post a warning sign or provide a warning notice does not create a cause of action against an agritourism provider. Allows the use of an electronic signature to sign a contract or release in connection with engaging in an agritourism activity.
Controllable electronic records – Effective: July 1, 2022
• Adds a new chapter to the Uniform Commercial Code (UCC) that governs transactions involving controllable electronic records and that does the following:
o Defines “controllable electronic records”.
o Establishes the following: (A) The extent to which a purchaser acquires rights and interests in controllable electronic records. (B) The circumstances under which a qualifying purchaser acquires rights in a controllable electronic record free of any adverse claim. (C) The conditions that must be satisfied for a person to be considered to have control over controllable electronic records.
• Amends certain sections in the UCC chapter concerning secured transactions to reference controllable electronic records and to provide for the perfection of a security interest in controllable electronic records by: (1) control; or (2) the filing of a financing statement.
• Amends the Indiana statute concerning unclaimed personal property to: (1) add a definition of “controllable electronic record” in that statute; and (2) authorize (rather than require, as specified in current law) the attorney general to adopt rules regarding virtual currency, controllable electronic records, and digital assets, to the extent such rules are consistent with, and not otherwise covered by the bill’s provisions or any other Indiana law concerning virtual currency, controllable electronic records, or digital assets.
Protective orders – Effective: July 1, 2022
• Provides that an order for protection issued ex parte or upon notice and a hearing, or a modification of an order for protection issued ex parte or upon notice and a hearing, is effective: (1) for two years after the date of issuance; or (2) indefinitely after the date of issuance if the respondent is a sex or violent offender and is required to register as a lifetime sex or violent offender and the petitioner was the victim of the crime that resulted in the requirement that the respondent register as a lifetime sex or violent offender.
• Requires a respondent who is subject to an indefinite order for protection to request a hearing in objection to the order of protection within 30 days of the order being issued.
• Allows any party to request a hearing on a two year order for protection at any time. Provides that a person may only request one judicial review hearing on a protection order.
Free speech at state educational institutions – Effective: July 1, 2022
• Provides that a state educational institution may not: (1) designate an outdoor area on campus as an area where protected expressive activities are prohibited; (2) deny any benefit or privilege to, or discriminate against, a religious, political, or ideological student organization for its protected expressive activity; and (3) deny a benefit to or discriminate against a religious, political, or ideological student organization based on the protected expressive activity or a requirement of the student organization.
• Allows a state educational institution to enforce reasonable time, place, and manner restrictions that comply with certain requirements.
• Requires a state educational institution to create and publish protected expressive activity policies.
• Provides that a student or student organization may bring a cause of action for a violation of free speech rights.
• Allows a court to award injunctive relief, compensatory damages, reasonable court costs, and attorney’s fees to an aggrieved student or student organization if the court finds that a violation occurred.
• Allows a court to award compensatory damages up to $50,000.
• Provides that a state educational institution is not immune from certain liability.
• Requires the commission for higher education to create a form for a state educational institution to submit information on an alleged violation of this chapter.
Residential eviction actions – Effective: July 1, 2022, except for §§1-2 effective March 18, 2022
• §2 – Requires the plaintiff in a residential eviction action to file a motion to dismiss the action if the case is resolved between the parties at any time before final adjudication unless the plaintiff is seeking damages.
• §2 – Provides that if, at any time after an eviction action is filed, no action has been taken by the plaintiff to further prosecute the case for a period of at least 180 days, the court shall send to the parties written notice: (1) stating the date of the most recent action taken by the plaintiff in the case; and (2) directing the plaintiff to take action to either: (A) further prosecute the case; or (B) dismiss the case; not later than 10 business days after the date of the notice.
• §2 – Provides that if the plaintiff fails to take any action within the prescribed time: (1) the defendant may petition the court to dismiss the case; or (2) the court on its own motion may dismiss the case.
• §2 – Provides that a residential eviction diversion program may not be offered or operated on a statewide or local basis unless participation in the program is voluntary for all parties.
• §2 – Requires: (1) the Indiana housing and community development authority; and (2) any political subdivision that distributes rental assistance funds made available by the federal government in response to the COVID-19 pandemic; to create a designated landlord application process, in addition to the tenant application process, not later than August 31, 2022.
• Requires, upon motion of the tenant, the court in which an eviction action is filed to order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, subject to certain exceptions, if any of the following occur: (1) The action is dismissed. (2) A judgment in favor of the tenant is entered. (3) A judgment against the tenant is later overturned or vacated on appeal.
• Provides that if: (1) an eviction action, regardless of when it was filed, results in one of the specified outcomes allowing for the nondisclosure of records in the action; and (2) the court does not issue an order prohibiting the disclosure of any records in the action; the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action in accordance with the bill’s provisions.
• Provides that upon the filing of such a petition, the court may: (1) issue an order prohibiting the disclosure of any records in the action; or (2) set the matter for a hearing.
• Provides that the petitioner bears the burden of proof in any hearing set by the court.
• Requires the clerk of court or other court administrator to: (1) track all eviction actions with respect to which a nondisclosure order is issued by the court; and (2) furnish the data compiled in the statutorily required statistical data provided to the Office of Judicial Administration.
• Requires the office to include the data provided by the courts in the Indiana Judicial Report
Marion County crime reduction pilot – Effective: July 1, 2022
Establishes the Marion County crime reduction board (board) as part of the Marion County crime reduction pilot project. Allows the board to approve interoperability agreements between law enforcement agencies to expand the duties and responsibilities of law enforcement agencies operating in downtown Indianapolis. Requires the board to annually report certain information to the legislative council.
Electronic monitoring standards – Effective: July 1, 2022 except for §4 effective March 11, 2022
• §4 – Requires the Justice Reinvestment Advisory Council to conduct a review of statutes concerning electronic monitoring and home detention and provide a recommendation with regard to electronic monitoring standards to the Legislative Council in an electronic format not later than December 1, 2022.
• Establishes standards, including notification time frames, for persons and entities responsible for monitoring individuals required to wear a monitoring device as a condition of probation, parole, pretrial release, or community corrections.
• Provides immunity for acts or omissions performed in connection with implementing monitoring standards.
• Provides that a defendant commits escape if: (1) the defendant disables or interferes with the operation of an electronic monitoring device; or (2) the defendant violates certain conditions of home detention (under current law, any violation of a condition of home detention constitutes escape).
Sentence enhancement for use of firearm – S.E.A. 19, P.L. 4 Effective: July 1, 2022
Adds an investigator for the inspector general to the definition of “police officer” for purposes of the statute providing a sentence enhancement for individuals who point or discharge a firearm at a police officer while committing certain crimes.
This Week in Hoosier History
1892 – Hoosier poet James Whitcomb Riley performed for a distinguished audience at the White House. Included were President and Mrs. Benjamin Harrison, members of the Cabinet, Vice President Levi Morton, and a number of United States Senators. Newspapers reported that “Mr. Riley appeared at excellent advantage in his reading, and completely captivated the large and intelligent audience. He was favored with a number of encores.” (Pictured: A mural of Riley by artist Blice Edwards on a building near the poet’s Lockerbie Street neighborhood.)
For more local news . . .
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