reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 1. Birth: Establishing Public Record of Time and Place › 34-28-1-7. Appearance of Applicant; Conduct of Hearing; Finality of Determination; Rehearing

Sec. 7. (a) The applicant may appear:
(1) in person; and
(2) with or without an attorney.
(b) If the applicant appears without an attorney, the judge shall conduct the hearing of the applicant and the examination of the witnesses.
(c) The judge may continue the hearing from time to time.
(d) Except as provided in subsection (e), the determination of the court or the judge, after conclusion of the hearing, is final.
(e) Upon petition for sufficient cause, if the court or judge sets aside the former order and assigns the application for rehearing and determination, the determination of the court on rehearing is final.
[Pre-1998 Recodification Citation: 34-4-3-7.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 1. Birth: Establishing Public Record of Time and Place › 34-28-1-8. Copy of Court Decree as Evidence

Sec. 8. A copy of the decree of the court or judge certified under the seal of the clerk of the court is prima facie evidence in any court, board, council, or commission of Indiana to show time and place of birth of the person named in the decree.
[Pre-1998 Recodification Citation: 34-4-3-8.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 1. Birth: Establishing Public Record of Time and Place › 34-28-1-9. Index Record; Copy of Judgment and Decree to Vital Records Division

Sec. 9. (a) The clerk of the court shall:
(1) make and keep an index record to be known as the birth certificate record; and
(2) enter the judgment and decree into the proper index of the record.
(b) The clerk shall also send a certified copy of the judgment and decree to the division of vital records, Indiana department of health, Indianapolis, Indiana. The judgment and decree shall be considered to be a delayed certificate of birth under IC 16-37-2.
[Pre-1998 Recodification Citation: 34-4-3-9.]
As added by P.L.1-1998, SEC.24. Amended by P.L.56-2023, SEC.309.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 1. Birth: Establishing Public Record of Time and Place › 34-28-1-10. Collection of Fee

Sec. 10. The clerk shall collect the fee provided in IC 33-37-4-4. However, a fee may not be collected if the petitioner is a resident of Indiana.
[Pre-1998 Recodification Citation: 34-4-3-10.]
As added by P.L.1-1998, SEC.24. Amended by P.L.98-2004, SEC.122.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 1. Birth: Establishing Public Record of Time and Place › 34-28-1-11. Dismissal of Application for Want of Prosecution

Sec. 11. Where the applicant fails to prosecute the cause for one hundred twenty (120) days after filing the application, the court or judge shall dismiss the application for want of prosecution, and the clerk of the circuit court shall destroy the application immediately following the dismissal.
[Pre-1998 Recodification Citation: 34-4-3-11.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 2. Change of Name › 34-28-2-1. Petition to Court

Sec. 1. Except as provided in section 1.5 of this chapter, the circuit courts, superior courts, and probate courts in Indiana may change the names of natural persons on application by petition.
[Pre-1998 Recodification Citation: 34-4-6-1.]
As added by P.L.1-1998, SEC.24. Amended by P.L.18-1998, SEC.1; P.L.44-2017, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 2. Change of Name › 34-28-2-1.5. Persons Prohibited From Changing Name; Exception for Religious Belief

Sec. 1.5. (a) The following definitions apply throughout this section:
(1) "Lifetime sex or violent offender" means a person convicted of an offense that currently requires a person to register as a sex or violent offender for life under IC 11-8-8-19, regardless of the date the conviction was entered against the person or whether the person was or is required to register as a sex offender for life.
(2) "Local law enforcement authority" has the meaning set forth in IC 11-8-8-2.
(b) A person may not petition for a change of name under this chapter if the person:
(1) is confined to a department of correction facility; or
(2) except as provided in subsection (c), is a lifetime sex or violent offender.
(c) This subsection does not apply to a person who is currently required to register as a sex offender. Notwithstanding subsection (b), a person may petition for a change of name based on a sincerely held religious belief.
(d) A person described in subsection (c) shall provide written notice of the petition for name change to the local law enforcement authority in the:
(1) county of conviction; and
(2) county where the person resides.
As added by P.L.18-1998, SEC.2. Amended by P.L.244-2019, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 2. Change of Name › 34-28-2-2. Filing Petition; Procedure for Change of Name of Minor

Sec. 2. (a) The petition described in section 1 of this chapter must:
(1) if applicable, include the information required by section 2.5 of this chapter;
(2) in the case of a petition filed by a person described in section 2.5 of this chapter, be subscribed and sworn to (or affirmed):
(A) under the penalties of perjury; and
(B) before a notary public or other person authorized to administer oaths; and
(3) be filed with the circuit court, superior court, or probate court of the county in which the person resides.
(b) In the case of a parent or guardian who wishes to change the name of a minor child, the petition must be verified, and it must state in detail the reason the change is requested. In addition, except where a parent's consent is not required under IC 31-19-9, the written consent of a parent, or the written consent of the guardian if both parents are dead, must be filed with the petition.
(c) Before a minor child's name may be changed, the parents or guardian of the child must be served with a copy of the petition as required by the Indiana trial rules.
[Pre-1998 Recodification Citation: 34-4-6-2.]
As added by P.L.1-1998, SEC.24. Amended by P.L.61-2010, SEC.1; P.L.84-2016, SEC.160.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 2. Change of Name › 34-28-2-2.5. Contents of Petition

Sec. 2.5. (a) If a person petitioning for a change of name under this chapter is at least seventeen (17) years of age, the person's petition must include at least the following information:
(1) The person's date of birth.
(2) The person's current:
(A) residence address; and
(B) if different than the person's residence address, mailing address.
(3) The person's valid:
(A) Indiana driver's license number;
(B) Indiana identification card (as described in IC 9-24-16) number; or
(C) Indiana photo exempt identification card (as described in IC 9-24-16.5) number.
(4) A list of all previous names used by the person.
(5) Proof that the person is a United States citizen.
(6) A statement concerning whether the person holds a valid United States passport.
(7) A description of all judgments of criminal conviction of a felony under the laws of any state or the United States that have been entered against the person.
(b) A petition under subsection (a) is subject to Indiana Rules of Court Administrative Rule 9.
As added by P.L.61-2010, SEC.2. Amended by P.L.197-2015, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 2. Change of Name › 34-28-2-3. Notice of Petition

Sec. 3. (a) Upon filing a petition for a name change, the applicant shall give notice of the petition as follows:
(1) By three (3) weekly publications in a newspaper of general circulation published in the county in which the petition is filed in court.
(2) If no newspaper is published in the county in which the petition is filed, the applicant shall give notice in a newspaper published nearest to that county in an adjoining county.
(3) The last weekly publication shall be published not less than thirty (30) days before the day the petition will be heard as indicated in the notice.
(b) In the case of a petition described in section 2(b) of this chapter, the notice required by this section must include the following:
(1) The name of the petitioner.
(2) The name of the minor child whose name is to be changed.
(3) The new name desired.
(4) The name of the court in which the action is pending.
(5) The date on which the petition was filed.
(6) A statement that any person has the right to appear at the hearing and to file objections.
(c) Except as provided in section 1.5 of this chapter, in the case of a person who has had a felony conviction within ten (10) years before filing a petition for a change of name, at least thirty (30) days before the hearing the petitioner must give notice of the filing of the petition to:
(1) the sheriff of the county in which the petitioner resides;
(2) the prosecuting attorney of the county in which the petitioner resides; and
(3) the Indiana central repository for criminal history information.
(d) The notice given to the Indiana central repository for criminal history information under subsection (c) must include the petitioner's full current name, requested name change, date of birth, address, physical description, and a full set of classifiable fingerprints.
(e) The Indiana central repository for criminal history information shall forward a copy of any criminal records of the petitioner to the court for the court's information.
(f) A copy of the court decree granting or denying such a petition shall be sent to the Indiana state police.
(g) A person who violates subsection (c) commits a Class A misdemeanor.
[Pre-1998 Recodification Citation: 34-4-6-3.]
As added by P.L.1-1998, SEC.24. Amended by P.L.18-1998, SEC.3; P.L.1-1999, SEC.72; P.L.61-2010, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 2. Change of Name › 34-28-2-4. Proof of Publication; Time of Hearing; Notice Requirements; Determination on Petition

Sec. 4. (a) Proof of the publication required in this chapter is made by filing a copy of the published notice, verified by the affidavit of a disinterested person, and when proof of publication is made, the court shall, subject to the limitations imposed by subsections (b), (c), and (d), proceed to hear the petition and make an order and decree the court determines is just and reasonable.
(b) In the case of a petition described in section 2(b) of this chapter, the court may not hear the petition and issue a final decree until after thirty (30) days from the later of:
(1) the filing of proof of publication of the notice required under subsection (a); or
(2) the service of the petition upon the parents or guardian of the minor child.
(c) In the case of a petition described in section 2(b) of this chapter, the court shall set a date for a hearing on the petition if:
(1) written objections have been filed; or
(2) either parent or the guardian of the minor child has refused or failed to give written consent as described in section 2(b) of this chapter.
The court shall require that appropriate notice of the hearing be given to the parent or guardian of the minor child or to any person who has filed written objections.
(d) In deciding on a petition to change the name of a minor child, the court shall be guided by the best interest of the child rule under IC 31-17-2-8. However, there is a presumption in favor of a parent of a minor child who:
(1) has been making support payments and fulfilling other duties in accordance with a decree issued under IC 31-15, IC 31-16, or IC 31-17 (or IC 31-1-11.5 before its repeal); and
(2) objects to the proposed name change of the child.
(e) In the case of a person required to give notice under section 3(c) of this chapter, the petitioner must certify to the court that the petitioner has complied with the notice requirements of that subsection.
[Pre-1998 Recodification Citation: 34-4-6-4.]
As added by P.L.1-1998, SEC.24. Amended by P.L.61-2010, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 2. Change of Name › 34-28-2-5. Court Decree as Evidence; Copy Sent to Health Department, Clerk of Circuit Court, or Board

Sec. 5. (a) A copy of the decree of the court changing the name of any natural person, certified under the seal of the court by the clerk of the court, is sufficient evidence of the name of the person, and of a change having been made, in any court of Indiana.
(b) In the case of a petition described in section 2(b) of this chapter, the court shall send a copy of the final decree to the Indiana department of health and to the local health department of the county.
(c) In the case of a petition filed by a person at least seventeen (17) years of age, the court shall send a copy of the final decree to the clerk of the circuit court or board of registration of the county where the person resides.
[Pre-1998 Recodification Citation: 34-4-6-5.]
As added by P.L.1-1998, SEC.24. Amended by P.L.56-2023, SEC.310.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 3. Partial Emancipation for Minors to Participate in Automobile and Motorcycle Racing › 34-28-3-1. Application of Chapter

Sec. 1. This chapter applies to a person who wishes to participate in professional automobile or motorcycle racing events.
[Pre-1998 Recodification Citation: 34-4-44.2-1.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 3. Partial Emancipation for Minors to Participate in Automobile and Motorcycle Racing › 34-28-3-2. Petition to Court; Requirements; Terms of Emancipation

Sec. 2. (a) This section applies to:
(1) a circuit or superior court that has jurisdiction in the county in which the minor resides or is employed; or
(2) if the minor neither resides in nor is employed in Indiana, the circuit or superior court that has jurisdiction in the county in which any party to the contract or release has its principal office in Indiana.
(b) A circuit or superior court described in subsection (a) may partially emancipate a minor under this chapter if the court finds all of the following:
(1) The minor and the minor's parents, having petitioned the court, appear before the court and agree that the minor should be partially emancipated to be allowed to participate in professional automobile or motorcycle racing events.
(2) The minor possesses the maturity to understand the hazards and risks involved in participating in automotive or motorcycle racing events.
(3) The minor and the minor's parents understand what it means for the minor and the minor's parents to be bound by any contracts, releases, or indemnity agreements the minor signs once the minor is partially emancipated under this chapter.
(4) If the minor intends to drive in a professional automobile or motorcycle racing event, that the minor has five (5) years experience in go-kart, automobile, or motorcycle racing.
(c) Whenever the court partially emancipates a minor under this chapter, the court shall specify the terms of the emancipation, which are limited to any of the following:
(1) The ability to contract for the purposes of participating in professional automobile and motorcycle racing events.
(2) The ability to sign liability releases or indemnity agreements required by a sanctioning entity of professional automobile or motorcycle racing events.
[Pre-1998 Recodification Citation: 34-4-44.2-6.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 3. Partial Emancipation for Minors to Participate in Automobile and Motorcycle Racing › 34-28-3-3. Avoiding Contract, Liability Release, or Indemnity Agreement Entered Into by Partially Emancipated Minor Prohibited

Sec. 3. A minor who has been partially emancipated under this chapter (or IC 34-4-44.2 before its repeal) may not avoid a contract, a liability release, or an indemnity agreement referred to in a court order issued under this chapter (or IC 34-4-44.2 before its repeal) by alleging that the minor was under a legal disability by reason of the minor's age. No parent of a minor who has been partially emancipated under this chapter (or IC 34-4-44.2 before its repeal) may seek to have a contract, a liability release, or an indemnity agreement signed by the partially emancipated minor as allowed under this chapter set aside by reason of the minor's age at the time the minor entered into the contract, regardless of whether the parent participates in the partial emancipation proceeding or fits the definition of a parent under IC 34-6-2-93.
[Pre-1998 Recodification Citation: 34-4-44.2-7.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 4. Remedies for Improper Dismissal From Employment Because of Court Attendance › 34-28-4-1. Civil Action for Dismissal From Employment

Sec. 1. A person who is dismissed from employment in violation of IC 35-44.1-2-11 may bring a civil action, within ninety (90) days of the dismissal, against the employer who dismissed the person:
(1) to recover the wages the person lost as a result of the dismissal; and
(2) to obtain an order requiring reinstatement by the employer.
If the person obtains a judgment against the employer, the court shall award a reasonable attorney's fee to the person's attorney.
[Pre-1998 Recodification Citation: 34-4-29-1.]
As added by P.L.1-1998, SEC.24. Amended by P.L.126-2012, SEC.43.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 34-4-32-1 (before its repeal, now codified at section 1 of this chapter) by P.L.309-1985 do not apply to violations occurring before April 9, 1985.
As added by P.L.220-2011, SEC.562.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-2. Moving Traffic Violation; Pleadings

Sec. 2. In an action for a moving traffic violation, the pleadings are as follows:
(1) A summons and complaint.
(2) Entry by a defendant of:
(A) an admission to the violation;
(B) a denial of the violation; or
(C) a declaration of nolo contendere in which the defendant consents to entry of judgment for the state without admitting to the violation.
[Pre-1998 Recodification Citation: 34-4-32-1.5.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-3. Detention; Communications Device Information

Sec. 3. (a) Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
(b) If a law enforcement officer detains a person because the law enforcement officer believes the person has committed an infraction or ordinance violation, the law enforcement officer may not, without the consent of the person, extract or otherwise download information from a cellular telephone or another wireless or cellular communications device possessed by the person at the time the person is detained unless:
(1) the law enforcement officer has probable cause to believe that the:
(A) cellular telephone; or
(B) other wireless or cellular communications device;
has been used in the commission of a crime;
(2) the information is extracted or otherwise downloaded under a valid search warrant; or
(3) otherwise authorized by law.
[Pre-1998 Recodification Citation: 34-4-32-2.]
As added by P.L.1-1998, SEC.24. Amended by P.L.191-2014, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-3.5. Refusal to Identify Self

Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
[Pre-1998 Recodification Citation: 34-4-32-3.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-5. Costs; Deposit of Funds; Findings Required for Judgment

Sec. 5. (a) A defendant against whom a judgment is entered is liable for costs. Costs are part of the judgment and may not be suspended except under IC 9-30-3-12. Whenever a judgment is entered against a person for the commission of two (2) or more civil violations (infractions or ordinance violations), the court may waive the person's liability for costs for all but one (1) of the violations. This subsection does not apply to judgments entered for violations constituting:
(1) Class D infractions; or
(2) Class C infractions for unlawfully parking in a space reserved for a person with a physical disability under IC 5-16-9-5 or IC 5-16-9-8.
(b) If a judgment is entered:
(1) for a violation constituting:
(A) a Class D infraction; or
(B) a Class C infraction for unlawfully parking in a space reserved for a person with a physical disability under IC 5-16-9-5 or IC 5-16-9-8; or
(2) in favor of the defendant in any case;
the defendant is not liable for costs.
(c) Except for costs, and except as provided in subsections (e) and (f) and IC 9-21-5-11(e), the funds collected as judgments for violations of statutes defining infractions shall be deposited in the state general fund.
(d) A judgment may be entered against a defendant under this section or section 4 of this chapter upon a finding by the court that the defendant:
(1) violated:
(A) a statute defining an infraction; or
(B) an ordinance; or
(2) consents to entry of judgment for the plaintiff upon a pleading of nolo contendere for a moving traffic violation.
(e) The funds collected for an infraction judgment described in section 4(h) of this chapter shall be transferred to a dedicated county fund. The money in the dedicated county fund does not revert to the county general fund or state general fund and may be used, after appropriation by the county fiscal body, only for the following purposes:
(1) To pay compensation of commissioners appointed under IC 33-33-49.
(2) To pay costs of the county's guardian ad litem program.
(f) The funds collected for an infraction judgment described in section 4(i) of this chapter shall be transferred to a dedicated toll revenue fund created as part of a project under IC 8-15.5-1-2(b)(3). The money in the fund does not revert to the county general fund or state general fund and may be used only to pay the cost of operating, maintaining, and repairing the tolling system for a project under IC 8-15.5-1-2(b)(3), including major repairs, replacements, and improvements.
[Pre-1998 Recodification Citations: 34-4-32-4(f); 34-4-32-4(g); 34-4-32-4(i); 34-4-32-4(j).]
As added by P.L.1-1998, SEC.24. Amended by P.L.40-2007, SEC.7; P.L.71-2010, SEC.4; P.L.106-2010, SEC.8; P.L.146-2016, SEC.18; P.L.19-2023, SEC.5.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-6. Suspension of Driver's License

Sec. 6. If a defendant fails to satisfy a judgment entered against the defendant for the violation of a traffic ordinance or for a traffic infraction by a date fixed by the court, the court may suspend the defendant's drivers license. When a court suspends a person's drivers license under this section, the court shall forward notice of the suspension to the bureau of motor vehicles. A suspension under this section begins thirty (30) days after the date the notice of suspension is mailed by the bureau of motor vehicles to the defendant.
[Pre-1998 Recodification Citation: 34-4-32-4(h).]
As added by P.L.1-1998, SEC.24. Amended by P.L.86-2021, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-7. Traffic Violations Bureau; Clerk

Sec. 7. Any court may establish a traffic violations bureau and appoint a violations clerk who shall serve under the direction and control of the court.
[Pre-1998 Recodification Citation: 34-4-32-5(a).]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-8. Duties of Clerk

Sec. 8. The violations clerk or deputy violations clerk shall:
(1) accept:
(A) written appearances;
(B) waivers of trial;
(C) admissions of violation;
(D) declarations of nolo contendere for moving traffic violations;
(E) payments of judgments (including costs) in traffic violation cases;
(F) deferral agreements made under section 1 of this chapter (or IC 34-4-32-1(f) before its repeal) and deferral program fees prescribed under IC 33-37-4-2(e); and
(G) community restitution or service agreements made under section 1 of this chapter;
(2) issue receipts and account for any judgments (including costs) collected; and
(3) pay the judgments (including costs) collected to the appropriate unit of government as provided by law.
[Pre-1998 Recodification Citation: 34-4-32-5(b).]
As added by P.L.1-1998, SEC.24. Amended by P.L.98-2004, SEC.124; P.L.200-2005, SEC.3; P.L.110-2020, SEC.11.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-9. Duties of Court

Sec. 9. The court shall:
(1) designate the traffic violations within the authority of the violations clerk, but these violations may not include misdemeanors or felonies;
(2) establish schedules, within limits prescribed by law, of the judgments to be imposed for first violations, designating each violation specifically;
(3) order that the schedule of judgments be prominently posted in the place where the fines are paid;
(4) establish a procedure under which any violations clerk or deputy violations clerk shall accept, receipt, and account for all money tendered for designated traffic violations; and
(5) dismiss deferred actions if a dismissal request is made under section 1 of this chapter (or IC 34-4-32-1(f) before its repeal).
[Pre-1998 Recodification Citation: 34-4-32-5(c).]
As added by P.L.1-1998, SEC.24. Amended by P.L.110-2020, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-10. Repealed

[Pre-1998 Recodification Citation: 34-4-32-5(d).]
As added by P.L.1-1998, SEC.24. Repealed by P.L.201-2011, SEC.115.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-11. Admission of Violation; Nolo Contendere Plea; Payment of Judgment

Sec. 11. Any person charged with a traffic violation that is within the authority of the violations clerk may mail or deliver:
(1) the amount of the judgment (including costs) indicated on the ticket; and
(2) a signed:
(A) admission of the violation; or
(B) pleading of nolo contendere, if the action is for a moving traffic violation.
[Pre-1998 Recodification Citation: 34-4-32-5(e).]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-12. Notice Requirements for Acceptance of Admission or Nolo Contendere Plea

Sec. 12. Before accepting a pleading admitting to a violation or entering a declaration of nolo contendere to a violation, the violations clerk or the officer writing the ticket shall inform the person that:
(1) the person's signature to:
(A) an admission of the violation; or
(B) a pleading of nolo contendere;
will have the same effect as a judgment of a court; and
(2) the record of judgment will be sent to the commissioner of motor vehicles of Indiana or the state where the person received a license to drive.
[Pre-1998 Recodification Citation: 34-4-32-5(f).]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-13. Payment by Credit Card

Sec. 13. A court may permit a person to use a credit card issued by a financial institution for the purpose of paying a court cost and judgment with respect to a traffic violation that is enforced under this chapter. The state board of accounts shall allow a county to pay any applicable credit card service charge on behalf of a court that permits the use of a credit card under this section. The county fiscal body must appropriate funds to cover the costs of applicable credit card service charges before a court may permit the use of a credit card under this section.
[Pre-1998 Recodification Citation: 34-4-32-5(g).]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-14. Written Appearance Instead of Personal Appearance Before Court

Sec. 14. If a person named as a defendant in a summons and complaint issued under IC 5-16-9-10, before the appearance date specified in the summons and complaint, mails or delivers the following to the court having jurisdiction over the action:
(1) an admission of the violation or a plea of nolo contendere to the violation; and
(2) a fifty dollar ($50) civil judgment;
the court shall enter a judgment against the defendant for the violation. An admission or plea of nolo contendere received by the court under this section (or IC 34-4-32-6 before its repeal) constitutes a written appearance and the defendant is not required to personally appear before the court.
[Pre-1998 Recodification Citation: 34-4-32-6.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-16. Repealed

As added by P.L.69-2012, SEC.3. Repealed by P.L.112-2013, SEC.8; P.L.205-2013, SEC.356.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 5. Infraction and Ordinance Violation Enforcement Proceedings › 34-28-5-17. Additional Judgment Equal to Excise Tax; Collection; Distribution

Sec. 17. (a) This section applies after December 31, 2016.
(b) In addition to:
(1) the penalty described under IC 9-18.1-2-10; and
(2) any judgment assessed under IC 34-28-5 (or IC 34-4-32 before its repeal);
a person that violates IC 9-18.1-2-3 shall be assessed a judgment equal to the amount of excise tax due under IC 6-6-5 or IC 6-6-5.5 on the vehicle involved in the violation.
(c) The clerk of the court shall do the following:
(1) Collect the additional judgment described under subsection (b) in an amount specified by a court order.
(2) Transfer the additional judgment to the county auditor on a calendar year basis.
(d) The county auditor shall distribute the judgments described under subsection (c) to law enforcement agencies, including the state police department, responsible for issuing citations to enforce IC 9-18.1-2-3.
(e) The percentage of funds distributed to a law enforcement agency under subsection (d):
(1) must equal the percentage of the total number of citations issued by the law enforcement agency for the purpose of enforcing IC 9-18.1-2-3 during the applicable year; and
(2) may be used for the following:
(A) Any law enforcement purpose.
(B) Contributions to the pension fund of the law enforcement agency.
[Pre-2016 Title 9 Revision Citation: 9-18-2-41.]
As added by P.L.198-2016, SEC.668.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 6. Security Deposit Posted by a Nonresident Alleged to Have Violated Certain Statutes › 34-28-6-1. Arrest of Nonresidents; Recreational Vehicle or Hunting and Fishing Violations; Release Upon Deposit of Security

Sec. 1. Whenever a person who is not a resident of Indiana:
(1) is arrested or stopped for a misdemeanor violation or infraction under:
(A) IC 9-18.1-14.5;
(B) IC 14-15-2 through IC 14-15-7;
(C) IC 14-16-1; or
(D) IC 14-22; and
(2) is not immediately taken to court;
the person may, at the discretion of the officer, be released upon the deposit of a security. The security shall be the amount of the fine or judgment and costs for the violation in the form of cash, money order, or a traveler's check made payable to the clerk of the court in which the person will appear.
[Pre-1998 Recodification Citation: 34-4-32.5-1.]
As added by P.L.1-1998, SEC.24. Amended by P.L.1-2010, SEC.137; P.L.164-2020, SEC.60.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 6. Security Deposit Posted by a Nonresident Alleged to Have Violated Certain Statutes › 34-28-6-2. List of Security Deposits; Agreement as Receipt

Sec. 2. A court having jurisdiction shall provide a list of security deposits, which shall be equal to the fine or judgment and costs of the offense, and a security deposit agreement to serve as a receipt for the deposit. A nonresident person who does not choose to deposit a security shall be processed as directed by a court having jurisdiction.
[Pre-1998 Recodification Citation: 34-4-32.5-2.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 6. Security Deposit Posted by a Nonresident Alleged to Have Violated Certain Statutes › 34-28-6-3. Requisites of Agreement and Notice to Appear

Sec. 3. The agreement for security deposit and the written promise or notice to appear in court must contain a citation of the violation, the name and address of the nonresident person accused of committing the violation, and the time and place the person must appear in court.
[Pre-1998 Recodification Citation: 34-4-32.5-3.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 6. Security Deposit Posted by a Nonresident Alleged to Have Violated Certain Statutes › 34-28-6-4. Time and Place of Appearing; Informing Defendant of Consequences of Guilty Plea or Agreed Judgment

Sec. 4. The time specified for appearance must be at least five (5) days after the arrest or stop unless the person demands an earlier arraignment. The place specified for appearance must be in a court having jurisdiction within the county where the person was arrested or given notice to appear. The person shall be properly informed of the consequences of a guilty plea or agreed judgment.
[Pre-1998 Recodification Citation: 34-4-32.5-4.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 6. Security Deposit Posted by a Nonresident Alleged to Have Violated Certain Statutes › 34-28-6-5. Agreement; Consequences of Failure to Appear; Return of Security Upon Appearance

Sec. 5. The agreement for the security must also contain a provision whereby the nonresident person agrees that the court shall take permanent possession of the deposit, and if the person fails to appear in court or is not represented in court, a guilty finding or an adverse judgment will be entered on the court's record in behalf of the person. Upon proper appearance or representation, the security shall be returned to the person.
[Pre-1998 Recodification Citation: 34-4-32.5-5.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 6. Security Deposit Posted by a Nonresident Alleged to Have Violated Certain Statutes › 34-28-6-6. Compliance With Agreement

Sec. 6. A nonresident person must, by the date required on the security deposit agreement, appear in court, be represented in court, or deliver to the court by mail or courier the amount of the fine or judgment and costs prescribed for the violation.
[Pre-1998 Recodification Citation: 34-4-32.5-6.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 6. Security Deposit Posted by a Nonresident Alleged to Have Violated Certain Statutes › 34-28-6-7. Procedure; Requisites; Failure to Appear; Forfeiture

Sec. 7. A nonresident person who requests to deposit a security in the amount of the fine or judgment and costs shall, in the presence of the officer, place the amount of the fine or judgment and costs and one (1) signed copy of the security deposit agreement into a stamped, addressed envelope, which the court having jurisdiction shall supply to the officer for the person. The person shall then be released and given a copy of the security deposit agreement. The officer shall mail or deliver the stamped, self-addressed envelope to the court having jurisdiction. If the person does not appear in court or is not represented in court at the time and date specified on the receipt, the court shall:
(1) enter a guilty finding or judgment against the person; and
(2) use the security deposit to satisfy the amount of the fine or judgment and costs prescribed for the violation.
[Pre-1998 Recodification Citation: 34-4-32.5-7.]
As added by P.L.1-1998, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 7. Possession of Firearms and Ammunition in Locked Vehicles › 34-28-7-1. Application

Sec. 1. This chapter applies only to possession of a firearm or ammunition by an individual who may possess the firearm or ammunition legally. This chapter does not apply to the possession of a firearm, ammunition, or other device for which an individual must possess a valid federal firearms license issued under 18 U.S.C. 923 to possess the firearm, ammunition, or other device.
As added by P.L.90-2010, SEC.7.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 7. Possession of Firearms and Ammunition in Locked Vehicles › 34-28-7-2. Regulation of Employees' Firearms and Ammunition by Employers

Sec. 2. (a) Notwithstanding any other law and except as provided in subsections (b) and (c), a person may not adopt or enforce an ordinance, a resolution, a policy, or a rule that:
(1) prohibits; or
(2) has the effect of prohibiting;
an employee of the person, including a contract employee, from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle.
(b) Subsection (a) does not prohibit the adoption or enforcement of an ordinance, a resolution, a policy, or a rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from possessing a firearm or ammunition:
(1) on the property of:
(A) a child caring institution;
(B) an emergency shelter care child caring institution;
(C) a private secure facility;
(D) a group home;
(E) an emergency shelter care group home; or
(F) a child care center;
in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470 IAC 3-4.7-19;
(2) in violation of federal law;
(3) in or on property belonging to an approved postsecondary educational institution (as defined in IC 21-7-13-6(b));
(4) on the property of a domestic violence shelter;
(5) at the employer's residence;
(6) on the property of a person that is:
(A) subject to the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued April 9, 2007; and
(B) licensed by the United States Nuclear Regulatory Commission under Title 10 of the Code of Federal Regulations;
(7) on property owned by:
(A) a public utility (as defined in IC 8-1-2-1) that generates and transmits electric power; or
(B) a department of public utilities created under IC 8-1-11.1; or
(8) in the employee's personal vehicle if the employee, including a contract employee, is a direct support professional who:
(A) works directly with individuals with developmental disabilities to assist the individuals to become integrated into the individuals' community or least restrictive environment; and
(B) uses the employee's personal vehicle while transporting an individual with developmental disabilities.
(c) A person shall adopt or enforce an ordinance, a resolution, a policy, or a rule that requires an employee of the person, including a contract employee, who possesses a firearm or ammunition on the property of a penal facility (as defined in IC 35-31.5-2-232), to:
(1) secure the firearm or ammunition or both in a locked case; and
(2) store the firearm or ammunition, or both:
(A) in the trunk of the employee's vehicle;
(B) in the glove compartment of the employee's locked vehicle; or
(C) out of plain sight in the employee's locked vehicle.
As added by P.L.90-2010, SEC.7. Amended by P.L.114-2012, SEC.66; P.L.157-2014, SEC.1; P.L.181-2017, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 7. Possession of Firearms and Ammunition in Locked Vehicles › 34-28-7-3. Civil Actions

Sec. 3. (a) An individual who believes that the individual has been harmed by a violation of section 2 of this chapter may bring a civil action against the person who is alleged to have violated section 2 of this chapter, other than a person set forth in IC 34-6-2-103(j)(2).
(b) If a person is found by a court, in an action brought under subsection (a), to have violated section 2 of this chapter, the court may do the following:
(1) Award:
(A) actual damages; and
(B) court costs and attorney's fees;
to the prevailing individual.
(2) Enjoin further violations of this chapter.
As added by P.L.90-2010, SEC.7.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 7. Possession of Firearms and Ammunition in Locked Vehicles › 34-28-7-4. Other Rights and Remedies

Sec. 4. This chapter does not limit a person's rights or remedies under any other state or federal law.
As added by P.L.90-2010, SEC.7.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 7. Possession of Firearms and Ammunition in Locked Vehicles › 34-28-7-5. Jurisdiction Over Action Against Employer

Sec. 5. A court does not have jurisdiction over an action brought against an employer who is in compliance with section 2 of this chapter for any injury or damage resulting from the employer's compliance with section 2 of this chapter.
As added by P.L.90-2010, SEC.7.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 8. Disclosure of Firearm or Ammunition Information as a Condition of Employment › 34-28-8-1. "Firearm"

Sec. 1. As used in this chapter, "firearm" has the meaning set forth in IC 35-47-1-5.
As added by P.L.17-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 8. Disclosure of Firearm or Ammunition Information as a Condition of Employment › 34-28-8-2. "Political Subdivision"

Sec. 2. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
As added by P.L.17-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 8. Disclosure of Firearm or Ammunition Information as a Condition of Employment › 34-28-8-3. "Private Employer"

Sec. 3. As used in this chapter, "private employer" means:
(1) an individual;
(2) a partnership;
(3) a firm;
(4) an association;
(5) a corporation; or
(6) a nonprofit organization;
that employs or offers to employ one (1) or more individuals in Indiana.
As added by P.L.17-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 8. Disclosure of Firearm or Ammunition Information as a Condition of Employment › 34-28-8-4. "Public Employer"

Sec. 4. As used in this chapter, "public employer" means:
(1) the state; or
(2) a political subdivision;
including, but not limited to, a department, agency, board, commission, institution, authority, or instrumentality of the state or a political subdivision.
As added by P.L.17-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 28. Special Proceedings: Miscellaneous Civil Proceedings and Remedies › Chapter 8. Disclosure of Firearm or Ammunition Information as a Condition of Employment › 34-28-8-5. "Public Official"

Sec. 5. As used in this chapter, "public official" means an elected or appointed official in the executive, legislative, or judicial branch of the state or a political subdivision, as well as an individual acting on behalf of a public employer, whether temporarily or permanently, including but not limited to, members of boards, committees, commissions, authorities, and other instrumentalities of the state or a political subdivision.
As added by P.L.17-2011, SEC.2.