Vote Smart's Synopsis:

Vote to pass a bill that authorizes the state attorney general to appoint a special prosecutor for crimes county prosecutors decide not to charge.

Highlights:

• Defines "categorically refusing to enforce a criminal law" as a blanket refusal to enforce a criminal law (Sec. 1). 

• Defines  "non-compliant prosecuting attorney" means a prosecuting attorney who has implemented a policy of categorically refusing to enforce a criminal law enacted by the general assembly (Sec. 1).

• Requires the attorney general to investigate a prosecuting attorney’s conduct, if they receive credible information that they are a noncompliant prosecuting attorney (Sec. 1) 

• Authorizes the attorney general to file a complaint with the Chief Justice of Indian if they believe a prosecuting attorney is being non-compliant (Sec. 1) 

• Authorizes the chief justice of Indiana to randomly select a circuit or superior court judge to determine whether a special prosecuting attorney to replace the prosecuting attorney within the investigated jurisdiction (Sec. 1) 

• Requires the attorney general to file a verified petition stating they believe a prosecuting attorney is noncompliant with the judges appointed by the chief justice (Sec. 1) 

• Allows the prosecuting attorney to file a verified answer to the attorney general's petition for the appointment of a special prosecuting attorney not later than fifteen (15) days after receipt of the attorney general's petition (Sec. 1).

• Requires the judge appointing a special prosecuting attorney to (Sec. 1):

• Limit the scope of the special prosecuting attorney's duties as a special prosecuting attorney to include only the investigation or prosecution of the cases or category of cases that the noncompliant prosecuting attorney refused to prosecute, including any matter that reasonably results from the investigation or prosecuting; and

• Establish for a time certain the length of the special prosecuting attorney's term.

Full Bill Text