First Regular Session 118th General Assembly (2013)


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    SENATE ENROLLED ACT No. 224



     AN ACT to amend the Indiana Code concerning the general assembly.

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

SOURCE: IC 2-8; (13)SE0224.1.1. -->
    SECTION 1. IC 2-8 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     ARTICLE 8. DELEGATES TO A CONVENTION CALLED UNDER ARTICLE V OF THE CONSTITUTION OF THE UNITED STATES
    Chapter 1. General Provisions
    Sec. 1. This article applies whenever an Article V convention is called.
    Chapter 2. Definitions
    Sec. 1. The definitions in this chapter apply throughout this article.
    Sec. 2. "Alternate delegate" refers to an individual appointed as an alternate delegate as provided by law.
    Sec. 3. "Article V convention" refers to a convention for proposing amendments to the Constitution of the United States called for by the states under Article V of the Constitution of the United States.
    Sec. 4. "Delegate" refers to an individual appointed as provided by law to represent Indiana at an Article V convention.
    Sec. 5. "House of representatives" refers to the house of representatives of the general assembly.
    Sec. 6. "Paired delegate" refers to the delegate with whom an alternate delegate is paired as provided by law.
    Sec. 7. "Senate" refers to the senate of the general assembly.
    Chapter 3. Duties of Delegates and Alternate Delegates
    Sec. 1. (a) At the time delegates and alternate delegates are appointed, the general assembly shall adopt a joint resolution to provide instructions to the delegates and alternate delegates regarding the following:
        (1) The rules of procedure.
        (2) Any other matter relating to the Article V convention that the general assembly considers necessary.
    (b) The general assembly may amend the instructions at any time by joint resolution.
    Sec. 2. An alternate delegate:
        (1) shall act in the place of the alternate delegate's paired delegate when the alternate delegate's paired delegate is absent from the Article V convention; and
        (2) replaces the alternate delegate's paired delegate if the alternate delegate's paired delegate vacates the office.
    Sec. 3. A vote cast by a delegate or an alternate delegate at an Article V convention that is outside the scope of:
        (1) the instructions established by a joint resolution adopted under section 1 of this chapter; or
        (2) the limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention;
is void.
    Sec. 4. (a) A delegate or alternate delegate who votes or attempts to vote outside the scope of:
        (1) the instructions established by a joint resolution adopted under section 1 of this chapter; or
        (2) the limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention;
forfeits the delegate's appointment by virtue of that vote or attempt to vote.
    (b) The paired alternate delegate of a delegate who forfeits appointment under subsection (a) becomes the delegate at the time

the forfeiture of the appointment occurs.
    Sec. 5. The application of the general assembly to call an Article V convention for proposing amendments to the Constitution of the United States ceases to be a continuing application and shall be treated as having no effect if all of the delegates and alternate delegates vote or attempt to vote outside the scope of:
        (1) the instructions established by a joint resolution adopted under section 1 of this chapter; or
        (2) the limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention.
    Sec. 6. A delegate or alternate delegate who knowingly or intentionally votes or attempts to vote outside the scope of:
        (1) the instructions established by a joint resolution adopted under section 1 of this chapter; or
        (2) the limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention;
commits a Class D felony.
    Chapter 4. Article V Convention Delegate Advisory Group
    Sec. 1. As used in this chapter, "advisory group" refers to the Article V convention delegate advisory group established by section 2 of this chapter.
    Sec. 2. The Article V convention delegate advisory group is established.
    Sec. 3. The advisory group consists of the following members:
        (1) The chief justice of the supreme court.
        (2) The chief judge of the court of appeals.
        (3) The judge of the tax court.
    Sec. 4. The chief justice of the supreme court is the chair of the advisory group.
    Sec. 5. The advisory group shall meet at the call of the chair.
    Sec. 6. The advisory group shall establish the policies and procedures that the advisory group determines necessary to carry out this chapter.
    Sec. 7. (a) Upon request of a delegate or alternate delegate, the advisory group shall advise the delegate or alternate delegate whether there is reason to believe that an action or an attempt to

take an action by a delegate or alternate delegate would:
        (1) violate the instructions established by a joint resolution adopted under IC 2-8-3-1; or
        (2) exceed the limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention.
    (b) The advisory group may render an advisory determination under this section in any summary manner considered appropriate by the advisory group.
    (c) The advisory group shall render an advisory determination under this section within twenty-four (24) hours after receiving a request for a determination.
    (d) The advisory group shall transmit a copy of an advisory determination under this section in the most expeditious manner possible to the delegate or alternative delegate who requested the advisory determination.
    (e) If the advisory group renders an advisory determination under this section, the advisory group may also take an action permitted under section 8 of this chapter.
    Sec. 8. (a) On its own motion or upon request of the speaker of the house of representatives, the president pro tempore of the senate, or the attorney general, the advisory group shall advise the attorney general whether there is reason to believe that a vote or an attempt to vote by a delegate or alternate delegate has:
        (1) violated the instructions established by a joint resolution adopted under IC 2-8-3-1; or
        (2) exceeded the limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention.
    (b) The advisory group shall issue the advisory determination under this section by one (1) of the following summary procedures:
        (1) Without notice or an evidentiary proceeding.
        (2) After a hearing conducted by the advisory group.
    (c) The advisory group shall render an advisory determination under this section within twenty-four (24) hours after receiving a request for an advisory determination.
    (d) The advisory group shall transmit a copy of an advisory determination under this section in the most expeditious manner

possible to the attorney general.
    Sec. 9. Immediately, upon receipt of an advisory determination under section 8 of this chapter that finds that a vote or attempt to vote by a delegate or alternate delegate is a violation described in section 8(a)(1) of this chapter or in excess of the authority of the delegate or alternate delegate, as described in section 8(a)(2) of this chapter, the attorney general shall inform the delegates, alternate delegates, the speaker of the house of representatives, the president pro tempore of the senate, and the Article V convention that:
        (1) the vote or attempt to vote did not comply with Indiana law, is void, and has no effect; and
        (2) the credentials of the delegate or alternate delegate who is the subject of the determination are revoked.

SOURCE: IC 4-6-2-1.1; (13)SE0224.1.2. -->     SECTION 2. IC 4-6-2-1.1, AS AMENDED BY P.L.126-2012, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.1. The attorney general has concurrent jurisdiction with the prosecuting attorney in the prosecution of the following:
        (1) Actions in which a person is accused of committing, while a member of an unlawful assembly as defined in IC 35-45-1-1, a homicide (IC 35-42-1).
        (2) Actions in which a person is accused of assisting a criminal (IC 35-44.1-2-5), if the person alleged to have been assisted is a person described in subdivision (1).
        (3) Actions in which a sheriff is accused of any offense that involves a failure to protect the life of a prisoner in the sheriff's custody.
         (4) Actions in which a violation of IC 2-8-3-6 (concerning constitutional convention delegates) has occurred.
SOURCE: IC 35-32-2-7; (13)SE0224.1.3. -->     SECTION 3. IC 35-32-2-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. A person may be tried for a violation of IC 2-8-3-6 in:
        (1) Marion County; or
        (2) the county where the person resides.

SOURCE: IC 35-51-2-1; (13)SE0224.1.4. -->     SECTION 4. IC 35-51-2-1, AS ADDED BY P.L.70-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The following statutes define crimes in IC 2:
        IC 2-4-1-4 (Concerning legislative investigations).
        IC 2-7-6-2 (Concerning lobbying).
        IC 2-7-6-3 (Concerning lobbying).
        IC 2-7-6-4 (Concerning lobbying).
         IC 2-8-3-6 (Concerning constitutional convention delegates).


SEA 224 _ Concur

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