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Bill > HB1225


IN HB1225

IN HB1225
Pension garnishment for restitution.


summary

Introduced
01/09/2025
In Committee
01/09/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Pension garnishment for restitution. Provides that when a court issues a restitution order against an employee beneficiary of the state police benefit system (system), the prosecuting attorney must bring an action requesting garnishment of amounts that the employee beneficiary is entitled to receive under the system. Requires the court to order the trustee to take certain actions if the court finds that the restitution order has been issued and has not been fully satisfied or discharged.

AI Summary

This bill modifies Indiana state law to allow for pension garnishment in cases of court-ordered restitution for criminal offenses. Currently, state police pension benefits are generally protected from garnishment, but the new legislation creates an exception when an employee beneficiary has been ordered to pay restitution to a crime victim. Under the bill, if a court finds that a restitution order has been issued and not fully satisfied, the prosecuting attorney can initiate an action to garnish the employee's pension benefits. The court can then order the pension system's trustee to stop payments to the employee and instead redirect those funds directly to the victim or the victim's estate. The garnishment continues until the restitution order is fully satisfied, at which point the court must vacate the garnishment order. The bill provides a specific legal mechanism for victims to recover financial compensation from an offender's pension benefits, ensuring that restitution orders can be effectively enforced even when the offender has pension protections. The legislation is marked as taking effect immediately upon passage, with an emergency clause emphasizing its urgent nature.

Committee Categories

Justice

Sponsors (1)

Last Action

First reading: referred to Committee on Judiciary (on 01/09/2025)

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