After review from the House of Representatives of the Indiana legislature, the proposed legislation, Senate Bill 27, was returned to the Senate with the House’s proposed changes, for approval before a final vote. Senate Bill 27 addresses some issues that may arise during adoption proceedings to streamline the judicial process, and protect the natural parent’s constitutional rights to raise his or her child. Under current Indiana law, if third parties file a Petition for Adoption of a Minor child, while a Petition to Establish Paternity in the natural Father is also pending, the matters must be consolidated and heard by the ...
Tag: senate bill
April 10, 2014CD
In a previous blog post, we explored who can file for divorce, and how Indiana Courts have held that a guardian of an incapacitated adult may not file for divorce on behalf of that incapacitated person1. A recent Indiana Senate Bill seeks to change this process, and would allow for a guardian to file for divorce on behalf of an incapacitated adult under certain circumstances. Senate Bill 592 has been proposed and will be heard by the Senate Judiciary Committee. The Bill provides that a guardian could file for dissolution on behalf of an incapacitated person after requesting permission “only if ...
March 13, 2014CD
Although it seldom happens, there are divorce litigants who are arbitrarily held up by Indiana’s current sixty day waiting period for its residents who file divorce actions. Stated differently, if there is no acrimony and no legal issue or contested issues, parties must still wait for sixty days before an Indiana trial court can issue a divorce decree. This waiting period inter alia gives the parties a cooling-off period and ensures the wife is not pregnant. Such is not-surprising given the religious connotations generally associated with marriage–a union ordained by God (whatever his/her/its name might be in a given religion). Public ...
January 12, 2012CD
A central theme that runs throughout Ciyou & Dixon, P.C.’s blog posts is education--to gain an understanding about the law so that you are informed and the most effective citizen and/or legal consumer you can be. One part of this is having a voice in law making and trying to change or develop the law on the legislative front. In posts in 2011, Ciyou & Dixon blogged about legislative issues arising within and potentially impacting its practice areas, which includes weapons and firearms, such as Indiana’s consideration and, ultimate adoption of, controversial Indiana Senate Bill 292. This Bill, now law, re-balanced and ...
January 7, 2012CD
There are some slight changes or clarifications in the law. There are two (2) components to the pre-506 and post-506 law. The first is the means by which a handgun is transported to a dealer for repair. The second is the handling (carry) of the firearm when returned at the dealer. Under the laws repealed (invalidated) by Indiana Senate Bill 506, a person did not need a License to return a handgun to a dealer for repair. However, he or she had to transport the handgun unloaded and in a “secure wrapper” to the place of repair. The requirements of a ...
May 17, 2011CD
In many factual circumstances, the answer is “yes.” Indiana Senate Bill 506 appears to change Indiana law on where a License is required to carry a handgun; or minimally clarify ambiguous places where carry was hard to determine if lawful without a License in the past. One of the many gun shows that occur virtually every weekend in Indiana provides an apparent example of how this new law might be applied. For instance, assuming a patron lawfully transports a handgun to the gun show to sell, under the current state of the law (before SB 506 becomes actual law later in ...
May 17, 2011CD
This question is one that has played itself time and again through US history and in every state. The legal concept of preemption may apply to any matter. In basic form, it asks the question of who should decide a matter — the State or the local government. Many years ago, Indiana law fundamentally changed on how this was viewed. Until this, the only power a local branch of government possessed to regulate its affairs was what was specified by the Legislature in a statute. In other words, if a statute did not allow a local government to regulate firearms ...
May 11, 2011CD