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The Indiana General Assembly’s third reading deadline passed this week, with some bills moving on to the next step in the legislative process and others not surviving to see the second half of the 2025 session.
Among the proposed legislation that survived included a bill establishing public service attorney scholarships and one that would change the state’s reimbursement process for county deputy prosecutor salaries and could tie it to prosecutors’ compliance in enforcing criminal laws.
There is also a bill proposing changes to how Marion County small claims courts are funded.
The Legislature will return in March and is expected to end the session in April. Indiana Gov. Mike Braun will begin signing bills into law within the next month.
Senate
Senate Bill 141 would establish a uniform, statewide standard for law enforcement agencies to follow in performing investigatory lineups with an eyewitness to identify a suspect.
The bill includes language guiding agencies in how to select lineup “fillers” that resemble the eyewitness’ report and, as much as possible, resemble the suspect in the lineup. It would also require a lineup investigator to make note of the level of confidence the eyewitness has in their determination of the suspect in the lineup.
The bill would also ensure a suspect cannot be included in a lineup if the only evidence connecting them to the crime is through a facial recognition technology match.
“SB 141 would help ensure the right person is held accountable for a crime while protecting innocent individuals from wrongful convictions,” Sen. Liz Brown, R-Fort Wayne, one of the bill’s authors, said. “It is of the utmost importance that we protect Hoosiers’ constitutional rights. This bill would help improve the fairness of our criminal justice system, and I am pleased to see support from my colleagues in the Senate. I hope to see its continued success as it moves over to the House.”
SB 141 imitates the best practices for conducting eyewitness lineups that are followed by the Department of Justice and found in national law enforcement accreditation standards. Organizations like Americans for Prosperity Indiana, Indiana Public Defender Council, Innocence Project and Notre Dame Exoneration Justice Clinic all support the bill.
“I am thankful to the organizations who worked closely with me to craft this great piece of legislation,” Brown said. “I want to give a special thanks to Leon Benson, who came to testify in support of this bill during committee and shared his experience as a now exonerated person, as well as for his influence on the success of SB 141 so far.”
The bill passed unanimously out of the Senate on Thursday. Rep. Greg Steuerwald, R-Avon, is sponsoring the bill.
Senate Bill 327 establishes a small claims fund that requires the fees in the fund to be distributed equally among the nine Marion County townships. It also changes the small claims service fee to $26 in each action filed with a Marion County small claims court.
The bill passed the Senate 48-1. Sen. R. Michael Young, R-Indianapolis, voted against the bill. Rep. Andrew Ireland, R-Indianapolis, is sponsoring the bill.
Senate Bill 524 would allow an attorney in a neighboring county to serve as the corporation counsel.
The state’s current law requires corporation counsel to reside in the county they’re serving.
The bill passed the Senate 47-1. Sen. Lonnie Randolph, D-East Chicago, voted against the bill. Rep. Jennifer Meltzer, R-Shelbyville, is sponsoring the bill.
House
House Bill 1006 would establish guidelines and standards for services under which counties may be eligible for reimbursement for prosecution expenditures. It also would establish a special prosecutor unit, review board and public prosecution fund.
It could also withhold funds from”non-compliant” prosecutors who refuse to prosecute certain criminal laws.
Indiana Lawyer reported that during a House Ways and Means Committee hearing earlier this month, Rep. Ed DeLaney, D-Indianapolis, questioned Rep. Chris Jeter, R-Fishers, HB 1006’s author, about the prosecutor review board portion of the bill.
In 2019, Marion County Prosecutor Ryan Mears said he would not prosecute lower-level marijuana possession cases. In advance of the special legislative session in 2022, Mears said he would not prosecute abortion cases if the state outlawed the procedure.
DeLaney asked Jeter about how in some cities a prosecutor has said they won’t prosecute certain crimes and would instead focus their resources elsewhere.
“We just want to make sure that our state dollars are going to enforce the laws that we pass,” Jeter said in response.
The special prosecutor unit would be within the Indiana Prosecuting Attorneys Council. Currently, to become a special prosecutor, an individual must be a senior prosecutor with eight years of experience as either a prosecutor or deputy prosecutor.
Jeter said this unit would allow prosecutors from other counties to assist in cases involving conflicts of interest or requiring additional legal resources.
“House Bill 1006 would make a once-in-a-generation investment toward the state’s criminal justice system,” Jeter said. “The bill would support law and order by reimbursing qualified and participating counties up to 50% of the salary and benefits packages of deputy prosecutors to ensure Indiana’s courts and criminal justice system protects public safety and all Hoosiers.”
Jeter said this funding could help increase salaries for deputy prosecutors and reduce turnover. According to the Indiana Supreme Court, nearly all 92 Hoosier counties have fewer lawyers per capita than the national average.
“Law and order have long been the basis of Indiana’s society, and we believe funding should be based on upholding Hoosier values and these principles,” Jeter said.
The bill passed the House 72-24 on Wednesday. Indianapolis Republican Senators Aaron Freeman and Cyndi Carrasco are sponsoring the bill.
House Bill 1049 would award a scholarship to an incoming full-time law school student of $20,000 for three years. A part-time law school student may receive $15,000 for not more than four years. The commission cannot award more than $60,000 to one person.
The awardees must agree to work full-time as a deputy prosecuting attorney or a public defender for at least five years after being admitted to the practice of law in Indiana.
The bill is aimed at addressing the attorney shortage in the state.
It passed the House 95-1 on Tuesday. Rep. Brad Barrett, R-Richmond, voted against the bill. Sens. Eric Koch, R-Bedford, and Sue Glick, R-LaGrange, are sponsoring the bill.
Know of a bill that should be on our radar? Contact The Indiana Lawyer reporter Alexa Shrake at [email protected].
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