WITHERED BURNS, LLP Memorandum

To: From: Date: RE:

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Zach, Jerry & Eric Reid 5/25/12 2012 Summary of New Laws by Ron Alting HB 1141: Changed I.C. 4-12 and 6-2.5. Established the Mortgage Foreclosure Multistate Settlement Fund containing $28 million proved by the attorney general from Indianas share of the national mortgage foreclosure lawsuit settlement. This provides state home energy assistance to individuals who own a home using the (LIHEAP) standards. This is not likely to affect the practice significantly however, could help work comp clients who own a house while their case is pending. SB 286: Effective March 14, 2012, requires the Department of Child Services to conduct a criminal history check of certain individuals before reunification of a child with a childs parent/guardian or custodian. Previously, DCS could perform criminal history checks only a childs parent/guardian. Now, DCS may perform a background check on everyone living in a home before returning a child to that home. They will also reduce the maximum amount of time a child can spend in emergency shelter care from 60 days to 20 days. SB 1: Affecting I.C. 35-41. Allows a person to use reasonable force against a public servant if the person reasonably believes it is necessary to protect himself or another person from a public servants use of unlawful force or stop a public servants illegal entry or attack of the persons home or stop a public servants unlawful trespass or criminal interference with his property. This law abrogates the Indiana Supreme Court decision Barnes v. State. SB 97: Affecting I.C. 7.1-5. Limits the circumstances in which a person can be convicted of public intoxication to instances in which the person endangers another persons life, endangers his or her own life, disturbs the peace or is about to disturb the peace, harasses, or annoys or alarms another person. Also provides that a police officer is not liable for any outcome of the officer failing to arrest an individual of public intoxication. SB 274: Affecting I.C. 7.1-1 and 7.1-5. Provides immunity for certain alcohol offenses including, public intoxication, minor possession, minor consumption, and minor transportation of alcohol to those who come into contact with law enforcement because they sought medical assistance for a person suffering from an alcohol-related illness or emergency. To receive immunity, a person must stay with the individual needing medical assistance until help arrives and must cooperate with law enforcement and medical

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assistance personnel. Prohibits individuals from suing a law enforcement officer based on the officers compliance with or failure to comply with this law.
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SB 193: Affecting I.C. 3-8 and 36-2. Requires candidates for local office or school board to file a statement of economic interests when they file their candidacy or nomination. Statement of economic interest must list the names and business nature of the following: All employers of the candidate or the candidates spouse; All companies in which the candidate or the candidates spouse has an ownership stake; All corporations of which the candidate or the candidates spouse is an officer or director, excluding churches.

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SB 233: Provides the names of uncontested candidates for office will be listed on the election ballot unless the county election board unanimously votes not to hold an election for the uncontested race and provides that if an election for a local legislative body doesnt include any races to be voted on by the entire municipality, the county election board can, by unanimous vote, decide to hold the election only in the districts where officials are being elected.

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