HB 1090

                                                             Introduced Version
           HOUSE BILL No. 1090
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-6-3-2.1; IC 34-33.1-1-2.
Synopsis: The attorney general and amicus curiae briefs. Provides that
the attorney general may file an amicus curiae brief only if the governor
gives written approval to file the amicus curiae brief. Makes a
conforming change.
Effective: July 1, 2026.
                             DeLaney
   January 5, 2026, read first time and referred to Committee on Judiciary.
2026  IN 1090—LS 6343/DI 107
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1090
    A BILL FOR AN ACT to amend the Indiana Code concerning state
 offices and administration.
     Be it enacted by the General Assembly of the State of Indiana:
1     SECTION 1. IC 4-6-3-2.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2026]: Sec. 2.1. The attorney general may file an amicus curiae
4 brief only if the governor gives written approval to file the amicus
5 curiae brief.
6     SECTION 2. IC 34-33.1-1-2, AS ADDED BY P.L.40-2010,
7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2026]: Sec. 2. The state, by the attorney general, with written
9 approval of the governor as set forth in IC 4-6-3-2.1, may file an
10 amicus curiae brief in any matter pending in any state court or federal
11 court without the consent of the parties or leave of the court. The
12 attorney general shall file the amicus curiae brief within the time
13 allowed for the party with whom the state is substantively aligned to
14 file the party's brief or petition. However, for good cause shown, a state
15 court may permit the attorney general to file a belated amicus curiae
16 brief. If the state court permits the filing of a belated amicus curiae
17 brief, the state court shall set a deadline for an opposing party to file
 2026  IN 1090—LS 6343/DI 107
                 2
1 a reply brief.
2026  IN 1090—LS 6343/DI 107