Okay, here's the deal.
For some reason, Indiana Statute 5-8-1-37 has two versions, a and b.
a version says that you're impeached upon conviction of a felony.
b version says that you're impeached upon sentencing of a felony.
a version is from Public Law 113-05.
b version is from Public Law 119-05.
This makes it seem like the b version is germaine, as it is the later Public Law. This is what the County Attorney says.
So I looked into it. I called Legislative Services in Indianapolis, to see when these two laws were passed, signed, etc.
I talked to an attorney with Legislative Services. He said that the number under public law is just a convenience, and 119 did not necessarily get passed after 113.
I did some more sluething.
a version was Senate Bill 18. It was passed on 4/25/05.
b version was Sentate Bill 179. It was passed on 4/13/05.
They were both signed by the Governor on 5/4/05.
So which law applies? I think that the County Attorney is wrong. EITHER law could apply. There is just as many vallid arguments to apply the a version of the law as the b version.
So which should apply?
CAN HIM! NOW!
Monday, November 19, 2007
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