Introduced Version






HOUSE BILL No. 1282

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 5-8-1-38.

Synopsis: Removal of public officers. Provides that a public officer who has been removed from office after conviction of a felony is not entitled to be reinstated to the office if the conviction is reversed, vacated, set aside, reduced to a Class A misdemeanor, or not entered.

Effective: Upon passage.





Thompson




    January 23, 2013, read first time and referred to Committee on Education.







Introduced

First Regular Session 118th General Assembly (2013)


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HOUSE BILL No. 1282



    A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 5-8-1-38; (13)IN1282.1.1. -->     SECTION 1. IC 5-8-1-38, AS ADDED BY P.L.37-2008, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 38. (a) The following definitions apply throughout this section:
        (1) "Felony" has the meaning set forth in IC 3-8-1-5.
        (2) "Public officer" means any person, elected or appointed, who holds any state, county, township, city, or town office.
    (b) Any public officer convicted of a felony during the public officer's term of office shall:
        (1) be removed from office by operation of law when:
            (A) in a jury trial, a jury publicly announces a verdict against the person for a felony;
            (B) in a bench trial, the court publicly announces a verdict against the person for a felony; or
            (C) in a guilty plea hearing, the person pleads guilty or nolo contendere to a felony; and
        (2) not receive any salary or remuneration from the time the

public officer is removed from office under subdivision (1).
    (c) The subsequent reduction of a felony to a Class A misdemeanor under IC 35-50-2-7 or IC 35-38-1-1.5 after the:
        (1) jury has announced its verdict against the person for a felony;
        (2) court has announced its verdict against the person for a felony; or
        (3) person has pleaded guilty or nolo contendere to a felony;
does not affect the operation of subsection (b).
    (d) Subsection (e) applies to a public officer if the public officer's conviction is:
        (1) reversed;
        (2) vacated;
        (3) set aside;
        (4) for a felony other than a felony arising out of an action taken in the public officer's official capacity, that is subsequently reduced to a Class A misdemeanor under IC 35-50-2-7 or IC 35-38-1-1.5; or
        (5) not entered because the trial court did not accept the guilty plea.
and the public officer's term has not expired, the public officer shall be reinstated in office and receive any salary or other remuneration that the public officer would have received had the public officer not been removed from office.
    (e) If the conviction is reversed, vacated, or set aside and the public officer's term has expired, The A public officer described in subsection (d): shall
         (1) is entitled to receive any salary or other remuneration that the public officer would have received had the public officer not been removed from office; but
        (2) is not entitled to be reinstated in the office from which the public officer was removed under subsection (b).

    (f) A vacancy in a public office caused by the removal of a public officer under this section shall be filled as provided by law. If a convicted public officer is reinstated, the person filling the office during the appeal shall cease to hold the office.
    (g) This subsection applies whenever:
        (1) a public officer is removed from office by operation of law under subsection (b); and
        (2) a vacancy occurs in a state, county, township, city, or town office as the result of the removal from office.
The court must file a certified copy of the sentencing order with the person who is entitled under IC 5-8-6 to receive notice of the death of

an individual holding the office. The person receiving a copy of the sentencing order must give notice of the vacancy in the same manner as if the person had received a notice under IC 5-8-6. The person who is required or permitted to fill the vacancy must comply with IC 3-13.
    (h) This subsection applies if a public officer is reinstated in office under subsection (d). The court must file a certified copy of the order reversing, vacating, reducing, or setting aside the conviction with the person who is entitled under IC 5-8-6 to receive notice of the death of an individual holding the office. The person receiving a copy of the order must give notice of the reinstatement in the same manner as notice of a vacancy would be given under IC 5-8-6. The person receiving a copy of the order must also give notice to the person who was selected to fill the vacancy before the reinstatement occurred.

SOURCE: ; (13)IN1282.1.2. -->     SECTION 2. An emergency is declared for this act.