Bill Text: IN SB0262 | 2012 | Regular Session | Introduced
Bill Title: IC 4 and IC 5 revision.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [SB0262 Detail]
Download: Indiana-2012-SB0262-Introduced.html
Citations Affected: Numerous citations throughout the Indiana Code.
Synopsis: IC 4 and IC 5 revision. Reorganizes certain crimes relating
to state and local administration by: (1) relocating and renumbering
crimes currently codified as offenses against public administration
(IC 35-44) into a new article and repealing IC 35-44; and (2) relocating
certain other crimes codified in IC 4 and IC 5 into the criminal code.
Repeals redundant provisions. Repeals a provision adopted in 1855
prohibiting certain governmental officers from recklessly lending more
money than they are authorized to lend.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) Upon a vote of four (4) members, refer any matter within the inspector general's authority to the inspector general for investigation.
(2) Receive and hear any complaint filed with the commission by the inspector general that alleges a violation of:
(A) this chapter;
(B) a rule adopted under this chapter;
(C) IC 4-2-7;
(D) a rule adopted under IC 4-2-7;
(E) IC 4-2-8; or
(F) a rule adopted under IC 4-2-8.
(3) Obtain information and, upon a vote of four (4) members, compel the attendance and testimony of witnesses and the
production of pertinent books and papers by a subpoena
enforceable by the circuit or superior court of the county where
the subpoena is to be issued.
(4) Recommend legislation to the general assembly relating to the
conduct and ethics of state officers, employees, special state
appointees, and persons who have business relationships with
agencies.
(5) Adopt rules under IC 4-22-2 to implement this chapter.
(6) Accept and file information:
(A) voluntarily supplied; and
(B) that exceeds the requirements of this chapter.
(7) Conduct research.
(b) The commission shall do the following:
(1) Act as an advisory body by issuing advisory opinions to
interpret this chapter, IC 4-2-7, or the rules adopted under this
chapter or IC 4-2-7, upon:
(A) request of:
(i) a state officer or a former state officer;
(ii) an employee or a former employee;
(iii) a person who has or had a business relationship with an
agency;
(iv) a special state appointee or former special state
appointee; or
(v) the inspector general; or
(B) motion of the commission.
(2) Conduct its proceedings in the following manner:
(A) When a complaint is filed with the commission, the
commission may:
(i) reject, without further proceedings, a complaint that the
commission considers frivolous or inconsequential;
(ii) reject, without further proceedings, a complaint that the
commission is satisfied has been dealt with appropriately by
an agency;
(iii) upon the vote of four (4) members, determine that the
complaint does not allege facts sufficient to constitute a
violation of this chapter or the code of ethics and dismiss the
complaint; or
(iv) forward a copy of the complaint to the attorney general,
the prosecuting attorney of the county in which the alleged
violation occurred, the state board of accounts, a state
officer, the appointing authority, or other appropriate person
for action, and stay the commission's proceedings pending
the other action.
(B) If a complaint is not disposed of under clause (A), a copy
of the complaint shall be sent to the person alleged to have
committed the violation.
(C) If the complaint is not disposed of under clause (A), the
commission may promptly refer the alleged violation for
additional investigation by the inspector general. If the
commission finds by a majority vote that probable cause exists
to support an alleged violation, it shall set a public hearing on
the matter. The respondent shall be notified within fifteen (15)
days of the commission's determination. Except as provided in
this section, the commission's evidence relating to an
investigation is confidential.
(D) A complaint filed with the commission is open for public
inspection after the commission finds that probable cause
exists. However, a complaint filed by the inspector general that
contains confidential information under IC 4-2-7-8 may be
redacted to exclude the confidential information. Every
hearing and other proceeding in which evidence is received by
the commission is open to the public. Investigative reports by
the inspector general that are not filed with the commission
may be kept confidential.
(E) A:
(i) complaint that is filed with; or
(ii) proceeding that is held by;
the commission before the commission has found probable
cause is confidential unless the target of the investigation
elects to have information disclosed, or the commission elects
to respond to public statements by the person who filed the
complaint.
(F) The commission may acknowledge:
(i) the existence and scope of an investigation before the
finding of probable cause; or
(ii) that the commission did not find probable cause to
support an alleged violation.
(G) If a hearing is to be held, the respondent may examine and
make copies of all evidence in the commission's possession
relating to the charges. At the hearing, the charged party shall
be afforded appropriate due process protection consistent with
IC 4-21.5, including the right to be represented by counsel, the
right to call and examine witnesses, the right to introduce
exhibits, and the right to cross-examine opposing witnesses.
(H) After the hearing, the commission shall state its findings of fact. If the commission, based on a preponderance of the evidence, finds by a majority vote that the respondent has violated this chapter, IC 4-2-7, IC 4-2-8, or a rule adopted under this chapter, IC 4-2-7, or IC 4-2-8, it shall state its findings in writing in a report, which shall be supported and signed by a majority of the commission members and shall be made public.
(I) If the commission, based on a preponderance of the evidence, finds by a majority vote a violation of this chapter, IC 4-2-7, IC 4-2-8, or a rule adopted under this chapter, IC 4-2-7, or IC 4-2-8, the commission may also take any of the actions provided in section 12 of this chapter.
(J) The report required under clause (H) shall be presented to:
(i) the respondent;
(ii) the appointing authority or state officer of the employee, former employee, or special state appointee;
(iii) the appointing authority or state officer of an agency or office that has a business relationship with the person sanctioned; and
(iv) the governor.
(K) The commission may also forward the report to any of the following:
(i) The prosecuting attorney of each county in which the violation occurred.
(ii) The state board of accounts.
(iii) The state personnel director.
(iv) The attorney general.
(v) A state officer.
(vi) The appointing authority of the state employee or agency that has a business relationship with the person sanctioned.
(vii) Any other appropriate person.
(L) If the commission finds the respondent has not violated a code or statutory provision or a rule adopted under this chapter, IC 4-2-7, or IC 4-2-8, it shall dismiss the charges.
(3) Review all conflict of interest disclosures received by the commission under
(c) Notwithstanding IC 5-14-3-4(b)(8)(C), the records of the commission concerning the case of a respondent that are not
confidential under IC 5-14-3-4(b)(2)(C) shall be available for
inspection and copying in accordance with IC 5-14-3.
(1) Filed a complaint with the commission or the inspector general.
(2) Provided information to the commission or the inspector general.
(3) Testified at a commission proceeding.
(b) A state officer, an employee, or a special state appointee may take appropriate action against an employee who took any of the actions listed in subsection (a) if the employee or special state appointee:
(1) did not act in good faith; or
(2) knowingly or recklessly provided false information or testimony to the commission.
(c) A person who violates this section is subject to action under section 12 of this chapter and criminal prosecution under IC 35-44.2-1-2.
(1) Knowingly or intentionally induce or attempt to induce, by threat, coercion, suggestion, or false statement, a witness or informant in a commission proceeding or investigation conducted by the inspector general to do any of the following:
(A) Withhold or unreasonably delay the production of any testimony, information, document, or thing.
(B) Avoid legal process summoning the person to testify or supply evidence.
(C) Fail to appear at a proceeding or investigation to which the person has been summoned.
(D) Make, present, or use a false record, document, or thing with the intent that the record, document, or thing appear in a commission proceeding or investigation to mislead a commissioner or commission employee.
(2) Alter, damage, or remove a record, document, or thing except as permitted or required by law, with the intent to prevent the record, document, or thing from being produced or used in a commission proceeding or investigation conducted by the inspector general.
(3) Make, present, or use a false record, document, or thing with the intent that the record, document, or thing appear in a commission proceeding or investigation to mislead a commissioner or commission employee.
(b) A person who
(1) Initiate, supervise, and coordinate investigations.
(2) Recommend policies and carry out other activities designed to deter, detect, and eradicate fraud, waste, abuse, mismanagement, and misconduct in state government.
(3) Receive complaints alleging the following:
(A) A violation of the code of ethics.
(B) Bribery
(C) Official misconduct
(D) Conflict of interest
(E) Profiteering from public service
(F) A violation of the executive branch lobbying rules.
(G) A violation of a statute or rule relating to the purchase of goods or services by a current or former employee, state officer, special state appointee, lobbyist, or person who has a business relationship with an agency.
(4) If the inspector general has reasonable cause to believe that a crime has occurred or is occurring, report the suspected crime to:
(A) the governor; and
(B) appropriate state or federal law enforcement agencies and prosecuting authorities having jurisdiction over the matter.
(5) Adopt rules under IC 4-22-2 to implement IC 4-2-6 and this chapter.
(6) Adopt rules under IC 4-22-2 and section 5 of this chapter to implement a code of ethics.
(7) Ensure that every:
(A) employee;
(B) state officer;
(C) special state appointee; and
(D) person who has a business relationship with an agency;
is properly trained in the code of ethics.
(8) Provide advice to an agency on developing, implementing, and enforcing policies and procedures to prevent or reduce the risk of fraudulent or wrongful acts within the agency.
(9) Recommend legislation to the governor and general assembly to strengthen public integrity laws, including the code of ethics for state officers, employees, special state appointees, and persons who have a business relationship with an agency, including whether additional specific state officers, employees, or special state appointees should be required to file a financial disclosure statement under IC 4-2-6-8.
(10) Annually submit a report to the legislative council detailing the inspector general's activities. The report must be in an electronic format under IC 5-14-6.
(11) Prescribe and provide forms for statements required to be filed under IC 4-2-6 or this chapter.
(12) Accept and file information that:
(A) is voluntarily supplied; and
(B) exceeds the requirements of this chapter.
(13) Inspect financial disclosure forms.
(14) Notify persons who fail to file forms required under IC 4-2-6 or this chapter.
(15) Develop a filing, a coding, and an indexing system required by IC 4-2-6 and IC 35-44-1-3.
(16) Prepare interpretive and educational materials and programs.
(1) Actions in which a person is accused of committing, while a member of an unlawful assembly as defined in IC 35-45-1-1, a homicide (IC 35-42-1).
(2) Actions in which a person is accused of assisting a criminal
(3) Actions in which a sheriff is accused of any offense that involves a failure to protect the life of a prisoner in the sheriff's custody.
investigation;
(3) knowingly or intentionally retaliates against another person
who provides information to an ombudsman; or
(4) knowingly or intentionally threatens an ombudsman, a person
who has filed a complaint, or a person who provides information
to an ombudsman, because of an investigation or potential
investigation;
commits interference with the office of the department of child services
ombudsman, a Class A misdemeanor.
(b) Expungement of records held by the department of child services
that occurs by statutory mandate, judicial order or decree,
administrative review or process, automatic operation of the Indiana
Child Welfare Information System (ICWIS) computer system, or in the
normal course of business shall not be considered intentional
interference or prevention for the purposes of subsection (a).
(1) a violation of a federal law or regulation;
(2) a violation of a state law or rule;
(3) a violation of an ordinance of a political subdivision (as defined in IC 36-1-2-13); or
(4) the misuse of public resources;
to a supervisor or to the inspector general.
(b) For having made a report under subsection (a), the employee making the report may not:
(1) be dismissed from employment;
(2) have salary increases or employment related benefits withheld;
(3) be transferred or reassigned;
(4) be denied a promotion the employee otherwise would have received; or
(5) be demoted.
(c) Notwithstanding subsections (a) and (b), an employee must make a reasonable attempt to ascertain the correctness of any information to be furnished and may be subject to disciplinary actions for knowingly furnishing false information, including suspension or dismissal, as determined by the employee's appointing authority, the appointing authority's designee, or the ethics commission. However, any state employee disciplined under this subsection is entitled to process an appeal of the disciplinary action under the procedure as set
forth in IC 4-15-2-34 through IC 4-15-2-35.5. IC 4-15-2.2-42.
(d) An employer who knowingly or intentionally violates this
section commits a Class A misdemeanor. is subject to criminal
prosecution under IC 35-44.2-1-1.
(1) cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons; and
(2) is a party or witness in any proceeding under this article;
is entitled to an interpreter to assist the person throughout the proceeding under this article.
(b) The interpreter may be retained by the person or may be appointed by the agency before which the proceeding is pending. If an interpreter is appointed by the agency, the fee for the services of the interpreter shall be set by the agency. The fee shall be paid from any funds available to the agency or be paid in any other manner ordered by the agency.
(c) Any agency may inquire into the qualifications and integrity of any interpreter and may disqualify any person from serving as an interpreter.
(d) Every interpreter for another person in a proceeding shall take the following oath:
Do you affirm, under penalties of perjury, that you will justly, truly, and impartially interpret to _______ the oath about to be administered to him (her), the questions that may be asked him (her), and the answers that he (she) shall give to the questions, relative to the cause now under consideration before this agency?
(e)
(b) A gaming agent may issue a summons for an infraction or a misdemeanor violation if the defendant promises to appear by signing the summons. A defendant who signs a summons issued under this subsection but fails to appear is subject to the penalties provided by
(c) In addition to the powers and duties vested under subsection (a), a gaming agent may act as an officer for the arrest of offenders who
violate the laws of Indiana if the gaming agent reasonably believes that
a crime has been, is being, or is about to be committed or attempted in
the gaming agent's presence.
(1) keep a cashbook into which the public officer shall enter daily, by item, all receipts of public funds; and
(2) balance the cashbook daily to show funds on hand at the close of each day.
(b) The cashbook is a public record and is open to public inspection in accordance with IC 5-14-3.
(c) A person who violates this section is subject to criminal prosecution under IC 35-44.2-2-2.
misdemeanor. However, the offense is a Class D felony if the amount
involved is at least seven hundred fifty dollars ($750), and a Class C
felony if the amount involved is at least fifty thousand dollars
($50,000). The public servant also is liable upon the public servant's
official bond for any loss or damage that may accrue. accrues.
(b) A public employee may be disciplined in accordance with the personnel policies of the agency by which the employee is employed if the employee intentionally, knowingly, or recklessly discloses or fails to protect information classified as confidential by state statute.
(c) A public employee, a public official, or an employee or officer of a contractor or subcontractor of a public agency who unintentionally and unknowingly discloses confidential or erroneous information in response to a request under IC 5-14-3-3(d) or who discloses confidential information in reliance on an advisory opinion by the public access counselor is immune from liability for such a disclosure.
(d) This section does not apply to any provision incorporated into state law from a federal statute.
commission or purchasing agent who knowingly violates any of the
terms of this chapter commits a Class D felony.
(1) the provisions of this title;
(2) any other law of this state relating to alcohol or alcoholic beverages; and
(3) tobacco laws, including tobacco vending machines.
(b) An enforcement officer may issue a summons for infraction or misdemeanor violations if the defendant promises to appear by signing the summons. A defendant who fails to appear is subject to the penalties provided by
(c) In addition to the authority of an enforcement officer under subsection (a), an enforcement officer may act as an officer for the arrest of offenders against the laws of this state if the enforcement officer reasonably believes that a crime is or is about to be committed or attempted in the enforcement officer's presence.
(b) The bureau shall suspend or revoke without notice or hearing the current driver's license and all certificates of registration and license plates issued or registered in the name of a person who is convicted of any of the following:
(1) Manslaughter or reckless homicide resulting from the operation of a motor vehicle.
(2) Perjury or knowingly making a false affidavit to the department under this chapter or any other law requiring the registration of motor vehicles or regulating motor vehicle operation upon the highways.
(3) A felony under Indiana motor vehicle laws or felony in the commission of which a motor vehicle is used.
(4) Three (3) charges of criminal recklessness involving the use of a motor vehicle within the preceding twelve (12) months.
(5) Failure to stop and give information or assistance or failure to stop and disclose the person's identity at the scene of an accident that has resulted in death, personal injury, or property damage in excess of two hundred dollars ($200).
(6) Possession, distribution, manufacture, cultivation, transfer, use, or sale of a controlled substance or counterfeit substance, or attempting or conspiring to possess, distribute, manufacture, cultivate, transfer, use, or sell a controlled substance or counterfeit substance.
(c) The license of a person shall also be suspended upon conviction in another jurisdiction for any offense described in
(d) A suspension or revocation remains in effect and a new or renewal license may not be issued to the person and a motor vehicle may not be registered in the name of the person as follows:
(1) Except as provided in subdivisions (2), (3), (4), and (5), and subject to section 6.5 of this chapter, for six (6) months from the date of conviction or on the date on which the person is otherwise eligible for a license, whichever is later. Except as provided in IC 35-48-4-15, this includes a person convicted of a crime for which the person's license is suspended or revoked under subsection (b)(6).
(2) Subject to section 6.5 of this chapter, upon conviction of an offense described in subsection (b)(1), for a fixed period of not less than two (2) years and not more than five (5) years, to be fixed by the bureau based upon recommendation of the court entering a conviction. A new or reinstated license may not be issued to the person unless that person, within the three (3) years following the expiration of the suspension or revocation, gives and maintains in force at all times during the effective period of a new or reinstated license proof of financial responsibility in the future in the manner specified in this chapter. However, the liability of the insurance carrier under a motor vehicle liability
policy that is furnished for proof of financial responsibility in the
future as set out in this chapter becomes absolute whenever loss
or damage covered by the policy occurs, and the satisfaction by
the insured of a final judgment for loss or damage is not a
condition precedent to the right or obligation of the carrier to
make payment on account of loss or damage, but the insurance
carrier has the right to settle a claim covered by the policy. If the
settlement is made in good faith, the amount shall be deductive
from the limits of liability specified in the policy. A policy may
not be canceled or annulled with respect to a loss or damage by an
agreement between the carrier and the insured after the insured
has become responsible for the loss or damage, and a cancellation
or annulment is void. The policy may provide that the insured or
any other person covered by the policy shall reimburse the
insurance carrier for payment made on account of any loss or
damage claim or suit involving a breach of the terms, provisions,
or conditions of the policy. If the policy provides for limits in
excess of the limits specified in this chapter, the insurance carrier
may plead against any plaintiff, with respect to the amount of the
excess limits of liability, any defenses that the carrier may be
entitled to plead against the insured. The policy may further
provide for prorating of the insurance with other applicable valid
and collectible insurance. An action does not lie against the
insurance carrier by or on behalf of any claimant under the policy
until a final judgment has been obtained after actual trial by or on
behalf of any claimant under the policy.
(3) Subject to section 6.5 of this chapter, for the period ordered by
a court under IC 35-48-4-15.
(4) Subject to section 6.5 of this chapter, if the person is convicted
of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b) IC 35-44.1-3-1(b) and the person:
(A) exceeded the speed limit by at least twenty (20) miles per
hour;
(B) committed criminal recklessness with a vehicle
(IC 35-42-2-2)); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b));
while committing the felony, for one (1) year after the date the
person was convicted. The convicted person has the burden of
applying for a new or renewal license and establishing that the
one (1) year period described in this subdivision and subject to
section 6.5 of this chapter has elapsed.
(5) Subject to section 6.5 of this chapter, if the person is convicted of a felony involving the use of a motor vehicle under
(A) exceeded the speed limit by at least twenty (20) miles per hour;
(B) committed criminal recklessness with a vehicle (IC 35-42-2-2); or
(C) engaged in aggressive driving (as defined in IC 9-21-8-55(b);
while committing the felony, and the person has a prior unrelated conviction for a felony under
(e) The bureau may take action as required in this section upon receiving satisfactory evidence of a conviction of a person in another state.
(f) For the purpose of this chapter, "conviction" includes any of the following:
(1) A conviction upon a plea of guilty.
(2) A determination of guilt by a jury or court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to secure the defendant's appearance for trial, unless the forfeiture is vacated.
(4) A payment of money as a penalty or as costs in accordance with an agreement between a moving traffic violator and a traffic violations bureau.
(g) A suspension or revocation under this section or under IC 9-25-6-8 stands pending appeal of the conviction to a higher court and may be set aside or modified only upon the receipt by the bureau of the certificate of the court reversing or modifying the judgment that the cause has been reversed or modified. However, if the suspension or revocation follows a conviction in a court of no record in Indiana, the suspension or revocation is stayed pending appeal of the conviction to a court of record.
(h) A person aggrieved by an order or act of the bureau under this section or IC 9-25-6-8 may file a petition for a court review.
JULY 1, 2012]: Sec. 1. (a) This section does not apply to an employee
of the state subject to IC 4-15-10-8.
(b) This section applies to an employee of a political subdivision
who:
(1) is a member of the civil air patrol; and
(2) has notified the employee's employer in writing that the
employee is a member of the civil air patrol.
(c) A political subdivision employer may not discipline an
employee:
(1) for being absent from employment by reason of engaging in an
emergency service operation that began before the time that the
employee was to report to employment; or
(2) for leaving the employee's duty station to engage in an
emergency service operation if the emergency service operation
began after the employee had reported for work and the employee
secured authorization from the employee's supervisor to leave the
employee's duty station before leaving to engage in the emergency
service operation.
(d) A political subdivision employer may require an employee who
has been absent from employment as set forth in subsection (c)(1) or
(c)(2) to present a written statement from the commander or other
officer in charge of the civil air patrol at the time of the absence
indicating that the employee was engaged in an emergency service
operation at the time of the absence.
(e) An employee who is disciplined by the employee's employer in
violation of subsection (c) may bring a civil action against the employer
in the county of employment. In the action, the employee may seek the
following:
(1) Payment of back wages.
(2) Reinstatement to the employee's former position.
(3) Fringe benefits wrongly denied or withdrawn.
(4) Seniority rights wrongly denied or withdrawn.
An action brought under this subsection must be filed within one (1)
year after the date of the disciplinary action.
(f) A public servant (as defined in IC 35-41-1-24) who permits or
authorizes an employee of a political subdivision under the supervision
of the public servant to be absent from employment as set forth in
subsection (c) is not considered to have committed a violation of
IC 35-44-2-4(b). IC 35-44.1-1-3(b).
offenses:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1) as a Class A felony, Class B felony, or
Class C felony.
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that
is a Class A felony, Class B felony, or Class C felony.
(10) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A
felony or Class B felony.
(11) Incest (IC 35-46-1-3).
(12) Robbery as a Class A felony or a Class B felony
(IC 35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony
(IC 35-43-2-1).
(14) Carjacking (IC 35-42-5-2).
(15) Assisting a criminal as a Class C felony (IC 35-44-3-2.)
(IC 35-44.1-2-5).
(16) Escape (IC 35-44-3-5). (IC 35-44.1-3-4) as a Class B felony
or Class C felony.
(17) Trafficking with an inmate as a Class C felony (IC
35-44-3-9). (IC 35-44.1-3-5).
(18) Causing death when operating a motor vehicle (IC 9-30-5-5).
(19) Criminal confinement (IC 35-42-3-3) as a Class B felony.
(20) Arson (IC 35-43-1-1) as a Class A or Class B felony.
(21) Possession, use, or manufacture of a weapon of mass
destruction (IC 35-47-12-1).
(22) Terroristic mischief (IC 35-47-12-3) as a Class B felony.
(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(24) A violation of IC 35-47.5 (Controlled explosives) as a Class
A or Class B felony.
(25) A crime under the laws of another jurisdiction, including a
military court, that is substantially similar to any of the offenses
listed in this subdivision.
(26) Any other crimes evidencing a propensity or history of
violence.
JULY 1, 2012]: Sec. 1.4. (a) Subject to subsection (b), an application
for approval under section 1 of this chapter must include for each
responsible party the disclosure statement referred to in subsection (c)
if either or both of the following apply:
(1) State or federal officials at any time alleged that the
responsible party committed acts or omissions that constituted a
material violation of state or federal environmental law.
(2) Foreign officials at any time alleged that the responsible party
committed acts or omissions that:
(A) constituted a material violation of foreign environmental
law; and
(B) would have constituted a material violation of state or
federal environmental law if the act or omission had occurred
in the United States.
(b) Subsection (a):
(1) applies only if the acts or omissions alleged under subsection
(a)(1) or (a)(2) presented a substantial endangerment to human
health or the environment; and
(2) does not apply to a renewal of an approval under section 1 of
this chapter that does not involve construction or expansion as
described in section 1 of this chapter.
(c) A responsible party referred to in subsection (a) must make
reasonable efforts to provide complete and accurate information to the
department in a disclosure statement that includes the following:
(1) The name and business address of the responsible party.
(2) A description of the responsible party's experience in
managing the environmental aspects of the type of facility that
will be managed under the permit.
(3) A description of all pending administrative, civil, or criminal
enforcement actions filed in the United States against the
responsible party alleging any acts or omissions that:
(A) constitute a material violation of state or federal
environmental law; and
(B) present a substantial endangerment to human health or the
environment.
(4) A description of all pending administrative, civil, or criminal
enforcement actions filed in a foreign country against the
responsible party alleging any acts or omissions that:
(A) constitute a material violation of foreign environmental
law;
(B) would have constituted a material violation of state or
federal environmental law if the act or omission on which the
action is based had occurred in the United States; and
(C) present a substantial endangerment to human health or the
environment.
(5) A description of all finally adjudicated or settled
administrative, civil, or criminal enforcement actions in the
United States resolved against the responsible party within the
five (5) years that immediately precede the date of the application
involving acts or omissions that:
(A) constitute a material violation of federal or state
environmental law; and
(B) present a substantial endangerment to human health or the
environment.
(6) A description of all finally adjudicated or settled
administrative, civil, or criminal enforcement actions in a foreign
country resolved against the responsible party within the five (5)
years that immediately precede the date of the application
involving acts or omissions that:
(A) constitute a material violation of foreign environmental
law;
(B) would have constituted a material violation of state or
federal environmental law if the act or omission on which the
action is based had occurred in the United States; and
(C) present a substantial endangerment to human health or the
environment.
(7) Identification of all state, federal, or foreign environmental
permits:
(A) applied for by the responsible party that were denied; or
(B) previously held by the responsible party that were revoked.
(d) A disclosure statement submitted under subsection (c):
(1) must be executed under oath or affirmation; and
(2) is subject to the penalty for perjury under IC 35-44-2-1.
IC 35-44.1-2-1.
(e) The department may investigate and verify the information set
forth in a disclosure statement submitted under this section.
(1) The name and business address of the applicant or responsible party.
(2) A description of the applicant's or responsible party's
experience in managing the type of waste that will be managed
under the permit.
(3) A description of all civil and administrative complaints
against the applicant or responsible party for the violation of any
state or federal environmental protection law that:
(A) have resulted in a fine or penalty of more than ten
thousand dollars ($10,000) within five (5) years before the
date of the submission of the application; or
(B) allege an act or omission that:
(i) constitutes a material violation of the state or federal
environmental protection law; and
(ii) presented a substantial endangerment to the public
health or the environment.
(4) A description of all pending criminal complaints alleging the
violation of any state or federal environmental protection law that
have been filed against the applicant or responsible party within
five (5) years before the date of submission of the application.
(5) A description of all judgments of criminal conviction entered
against the applicant or responsible party within five (5) years
before the date of submission of the application for the violation
of any state or federal environmental protection law.
(6) A description of all judgments of criminal conviction of a
felony constituting a crime of moral turpitude under the laws of
any state or the United States that are entered against the
applicant or responsible party within five (5) years before the date
of submission of the application.
(7) The location of all facilities at which the applicant or
responsible party manages the type of waste that would be
managed under the permit to which the application refers.
(b) A disclosure statement submitted under section 2(1) of this
chapter:
(1) must be executed under oath or affirmation; and
(2) is subject to the penalty for perjury under IC 35-44-2-1.
IC 35-44.1-2-1.
nonappealable judgments requiring the payment of money by the
applicant.
(b) In addition to the filings required under
(c) A member of the commission may not participate in a proceeding that may affect the member's direct or indirect financial interests.
(d) A person who knowingly violates this section commits a Class A misdemeanor.
(b) To learn professional skills and to become familiar with new developments in the field of medicine, the state health commissioner may, in an individual capacity as a licensed physician and not in an official capacity as state health commissioner, engage in the practice of medicine if the practice of medicine does not interfere with the performance of the state health commissioner's duties as state health commissioner.
(1) be a resident voter of the school city; and
(2) have been a resident of the school city for at least one (1) year immediately preceding the member's election.
(b) A board member may not:
(1) serve in an elective or appointive office under the board or under the government of the civil city while serving on the board; or
(2) knowingly have a pecuniary interest as described in
If, at any time after a member is elected to the board, the board member knowingly acquires a pecuniary interest in a contract or purchase with
the school city, the member is disqualified to continue as a member of
the board, and a vacancy in the office is created.
(c) Each member of the board shall, before assuming the duties of
office, take an oath, before a person qualified to administer oaths, that:
(1) the member possesses all the qualifications required by this
chapter for membership on the board;
(2) the member will honestly and faithfully discharge the duties
of office;
(3) the member will not, while serving as a member of the board,
become interested, directly or indirectly, in any contract with or
claim against the school city, except as authorized by law; and
(4) in the performance of official duties as a member of the board,
including the selection of the board's officers, agents, and
employees, the member will not be influenced by any
consideration of politics or religion; and
(5) the member will be controlled in the selection of officers,
agents, and employees only by considerations of merit, fitness,
and qualification.
(d) Board members are entitled to receive compensation not to
exceed the amount allowed under IC 20-26-4-6 and a per diem not to
exceed the rate approved for members of the city-county council
established under IC 36-3-4 for attendance at each regular and
committee meeting as determined by the board.
(1) Adopt rules under IC 4-22-2 to implement this chapter.
(2) Make investigations and examinations:
(A) in connection with any application for licensure under this chapter or with any license already granted; or
(B) whenever it appears to the commissioner, upon the basis of a complaint or information, that reasonable grounds exist for the belief that an investigation or examination is necessary or advisable for the more complete protection of the interests of the public.
(3) Charge as costs of investigation or examination all reasonable expenses, including a per diem prorated upon the salary of the commissioner or employee and actual traveling and hotel expenses. All reasonable expenses are to be paid by the party or parties under investigation or examination if the party has violated this chapter.
(4) Issue notices and orders, including cease and desist notices and orders, after making an investigation or examination under subdivision (2). The commissioner shall notify the person that an order or notice has been issued, the reasons for it, and that a hearing will be set not later than fifteen (15) business days after the commissioner receives a written request from the person requesting a hearing if the original order issued by the commissioner was a summary suspension, summary revocation, or denial of a license and not later than forty-five (45) business days after the commissioner receives a written request from the person requesting a hearing for all other orders.
(5) Sign all orders, official certifications, documents, or papers issued under this chapter or delegate the authority to sign any of those items to a deputy.
(6) Hold and conduct hearings.
(7) Hear evidence.
(8) Conduct inquiries with or without hearings.
(9) Receive reports of investigators or other officers or employees of the state of Indiana or of any municipal corporation or governmental subdivision within the state.
(10) Administer oaths, or cause them to be administered.
(11) Subpoena witnesses, and compel them to attend and testify.
(12) Compel the production of books, records, and other documents.
(13) Order depositions to be taken of any witness residing within or without the state. The depositions shall be taken in the manner prescribed by law for depositions in civil actions and made returnable to the commissioner.
(14) Order that each witness appearing under the commissioner's order to testify before the commissioner shall receive the fees and mileage allowances provided for witnesses in civil cases.
(15) Provide interpretive opinions or issue determinations that the commissioner will not institute a proceeding or an action under this chapter against a specified person for engaging in a specified act, practice, or course of business if the determination is consistent with this chapter. The commissioner may adopt rules
to establish fees for individuals requesting an interpretive opinion
or a determination under this subdivision. A person may not
request an interpretive opinion or a determination concerning an
activity that:
(A) occurred before; or
(B) is occurring on;
the date the opinion or determination is requested.
(16) Subject to subsection (f), designate a multistate automated
licensing system and repository, established and operated by a
third party, to serve as the sole entity responsible for:
(A) processing applications for:
(i) licenses under this chapter; and
(ii) renewals of licenses under this chapter; and
(B) performing other services that the commissioner
determines are necessary for the orderly administration of the
division's licensing system.
A multistate automated licensing system and repository described
in this subdivision may include the Nationwide Mortgage
Licensing System and Registry established by the Conference of
State Bank Supervisors and the American Association of
Residential Mortgage Regulators. The commissioner may take
any action necessary to allow the division to participate in a
multistate automated licensing system and repository.
(b) If a witness, in any hearing, inquiry, or investigation conducted
under this chapter, refuses to answer any question or produce any item,
the commissioner may file a written petition with the circuit or superior
court in the county where the hearing, investigation, or inquiry in
question is being conducted requesting a hearing on the refusal. The
court shall hold a hearing to determine if the witness may refuse to
answer the question or produce the item. If the court determines that
the witness, based upon the witness's privilege against
self-incrimination, may properly refuse to answer or produce an item,
the commissioner may make a written request that the court grant use
immunity to the witness. Upon written request of the commissioner, the
court shall grant use immunity to a witness. The court shall instruct the
witness, by written order or in open court, that:
(1) any evidence the witness gives, or evidence derived from that
evidence, may not be used in any criminal proceedings against
that witness, unless the evidence is volunteered by the witness or
is not responsive to a question; and
(2) the witness must answer the questions asked and produce the
items requested.
A grant of use immunity does not prohibit evidence that the witness gives in a hearing, investigation, or inquiry from being used in a prosecution for perjury under
(c) In any prosecution, action, suit, or proceeding based upon or arising out of this chapter, the commissioner may sign a certificate showing compliance or noncompliance with this chapter by any person. This shall constitute prima facie evidence of compliance or noncompliance with this chapter and shall be admissible in evidence in any action at law or in equity to enforce this chapter.
(d) If:
(1) a person disobeys any lawful:
(A) subpoena issued under this chapter; or
(B) order or demand requiring the production of any books, accounts, papers, records, documents, or other evidence or information as provided in this chapter; or
(2) a witness refuses to:
(A) appear when subpoenaed;
(B) testify to any matter about which the witness may be lawfully interrogated; or
(C) take or subscribe to any oath required by this chapter;
the circuit or superior court of the county in which the hearing, inquiry, or investigation in question is held, if demand is made or if, upon written petition, the production is ordered to be made, or the commissioner or a hearing officer appointed by the commissioner, shall compel compliance with the lawful requirements of the subpoena, order, or demand, compel the production of the necessary or required books, papers, records, documents, and other evidence and information, and compel any witness to attend in any Indiana county and to testify to any matter about which the witness may lawfully be interrogated, and to take or subscribe to any oath required.
(e) If a person fails, refuses, or neglects to comply with a court order under this section, the person shall be punished for contempt of court.
(f) The commissioner's authority to designate a multistate automated licensing system and repository under subsection (a)(16) is subject to the following:
(1) The commissioner may not require any person that is not required to be licensed under this chapter, or any employee or agent of a person that is not required to be licensed under this chapter, to:
(A) submit information to; or
(B) participate in;
the multistate automated licensing system and repository.
(2) The commissioner may require a person required under this chapter to submit information to the multistate automated licensing system and repository to pay a processing fee considered reasonable by the commissioner.
(1) conduct public or private investigations within or outside this state which the commissioner considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this article or a rule adopted or order issued under this article, or to aid in the enforcement of this article or in the adoption of rules and forms under this article;
(2) require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as the commissioner determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and
(3) publish a record concerning an action, proceeding, or an investigation under, or a violation of, this article or a rule adopted or order issued under this article if the commissioner determines it is necessary or appropriate in the public interest and for the protection of investors.
(b) For the purpose of an investigation under this article, the commissioner or the commissioner's designated officer may administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the commissioner considers relevant or material to the investigation. Upon order of the commissioner or a hearing officer appointed by the commissioner in any hearing, depositions may be taken in the manner prescribed by law for depositions in civil actions and made returnable to the commissioner or a hearing officer appointed by the commissioner.
(c) If a person does not appear or refuses to testify, file a statement, or produce records, or otherwise does not obey a subpoena as required by this article, the commissioner or hearing officer appointed by the commissioner may apply to the circuit or superior court in the county where the hearing, investigation, or inquiry in question is being conducted to enforce compliance. The court may:
(1) hold the person in contempt;
(2) order the person to appear before the commissioner or hearing officer appointed by the commissioner;
(3) order the person to testify about the matter under investigation or in question;
(4) order the production of records;
(5) grant injunctive relief, including restricting or prohibiting the offer or sale of securities or the providing of investment advice;
(6) impose a civil penalty of not more than twenty thousand dollars ($20,000) for each violation; and
(7) grant any other necessary or appropriate relief.
(d) This section does not preclude a person from applying to the circuit or superior court in the county where the hearing, investigation, or inquiry in question is being conducted for relief from a request to appear, testify, file a statement, produce records, or obey a subpoena.
(e) If a witness, in any hearing, inquiry, or investigation conducted under this article, refuses to answer any question or produce any item, the commissioner may file a written petition with the circuit or superior court in the county where the hearing, investigation, or inquiry in question is being conducted requesting a hearing on the refusal. The court shall hold a hearing to determine if the witness may refuse to answer the question or produce the item. If the court determines that the witness, based upon the witness's privilege against self-incrimination, may properly refuse to answer or produce an item, the commissioner may make a written request that the court grant use immunity to the witness. Upon written request of the commissioner, the court shall grant use immunity to a witness. The court shall instruct the witness, by written order or in open court, that:
(1) any evidence the witness gives, or evidence derived from that evidence, may not be used in any criminal proceedings against that witness, unless the evidence is volunteered by the witness or is not responsive to a question; and
(2) the witness must answer the questions asked and produce the items requested. A grant of use immunity does not prohibit the use of evidence that the witness gives in a hearing, investigation, or inquiry from being used in a prosecution for perjury under
(f) At the request of the securities regulator of another state or a foreign jurisdiction, the commissioner may provide assistance if the requesting regulator states that it is conducting an investigation to determine whether a person has violated, is violating, or is about to
violate a law or rule of the other state or foreign jurisdiction relating to
securities matters that the requesting regulator administers or enforces.
The commissioner may provide the assistance by using the authority to
investigate and the powers conferred by this section as the
commissioner determines is necessary or appropriate. The assistance
may be provided without regard to whether the conduct described in
the request would also constitute a violation of this article or other law
of this state if occurring in this state. In deciding whether to provide the
assistance, the commissioner may consider whether the requesting
regulator is permitted and has agreed to provide assistance reciprocally
within its state or foreign jurisdiction to the commissioner on securities
matters when requested; whether compliance with the request would
violate or prejudice the public policy of this state; and the availability
of resources and employees of the commissioner to carry out the
request for assistance.
(g) In any prosecution, action, suit, or proceeding based upon or
arising out of or under the provisions of this article, a certificate duly
signed by the commissioner showing compliance or noncompliance
with the provisions of this article, respecting the security in question or
respecting compliance or noncompliance of this article, by any issuer,
broker-dealer, investment advisor, or agent, shall constitute prima facie
evidence of compliance or noncompliance with the provisions of this
article, as the case may be, and shall be admissible in evidence in any
action at law or in equity to enforce this article.
(h) Each witness who shall appear before the commissioner or a
hearing officer appointed by the commissioner by order shall receive
for the witness's attendance the fees and mileage provided for witnesses
in civil cases, which shall be audited and paid by the state in the same
manner as other expenses of the securities division are audited and paid
upon the presentation of proper vouchers sworn to by the witnesses and
approved by the commissioner. However, no witnesses subpoenaed at
the instance of parties other than the commissioner or a hearing officer
appointed by the commissioner shall be entitled to any fee or
compensation from the state.
(1) A written request for the return of the cash or certificate of deposit.
(2) An affidavit meeting the requirements set forth in subsection (b).
(b) To obtain the return of a deposit of cash or a certificate of deposit under this section, a timber buyer must execute an affidavit stating under the penalty for perjury set forth in
(1) has ceased doing business as a timber buyer in Indiana;
(2) will not resume business as a timber buyer in Indiana after the date of the affidavit without filing a surety bond or submitting a new deposit of cash or certificate of deposit to the department;
(3) has not purchased, taken, or cut any timber for which the timber grower has not been paid; and
(4) is not a party to an executory contract for the purchase of timber under which the timber buyer has one (1) or more duties that have not been performed.
(c) Upon receiving a written request described in subsection (a)(1) and an affidavit meeting the requirements of subsection (b), the department shall publish a notice of the request in at least one (1) publication commonly read by persons active in forestry in Indiana. The notice must do the following:
(1) Identify the timber buyer requesting the release of the cash or certificate of deposit.
(2) Indicate the date of the request.
(3) State that the cash or certificate of deposit will be released to the timber buyer on a particular date, which must be at least sixty (60) days after the date of publication of the notice, unless the department is informed of a reason why the cash or certificate of deposit should not be released.
(d) On the date set forth under subsection (c)(3) in the notice given by the department, the department shall return the cash or certificate of deposit to the timber buyer unless the department has obtained information indicating that a statement set forth in the timber buyer's affidavit is false.
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1).
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3).
(12) Robbery as a Class A felony or a Class B felony (IC 35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
(14) Carjacking (IC 35-42-5-2).
(15) Assisting a criminal as a Class C felony
(16) Escape
(17) Trafficking with an inmate as a Class C felony
(18) Causing death when operating a motor vehicle (IC 9-30-5-5).
(19) Criminal confinement (IC 35-42-3-3) as a Class B felony.
(20) Arson (IC 35-43-1-1) as a Class A or Class B felony.
(21) Possession, use, or manufacture of a weapon of mass destruction (IC 35-47-12-1).
(22) Terroristic mischief (IC 35-47-12-3) as a Class B felony.
(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(24) A violation of IC 35-47.5 (controlled explosives) as a Class A or Class B felony.
(25) A controlled substances offense under IC 35-48.
(26) A criminal gang offense under IC 35-45-9.
(b) If a child is taken into custody under this chapter for a crime or act listed in subsection (a), the law enforcement agency that employs the law enforcement officer who takes the child into custody shall notify the chief administrative officer of the primary or secondary school, including a public or nonpublic school, in which the child is enrolled or, if the child is enrolled in a public school, the superintendent of the school district in which the child is enrolled:
(1) that the child was taken into custody; and
(2) of the reason why the child was taken into custody.
(c) The notification under subsection (b) must occur within forty-eight (48) hours after the child is taken into custody.
(d) A law enforcement agency may not disclose information that is confidential under state or federal law to a school or school district
under this section.
(1) to recover the wages the person lost as a result of the dismissal; and
(2) to obtain an order requiring reinstatement by the employer.
If the person obtains a judgment against the employer, the court shall award a reasonable attorney's fee to the person's attorney.
(1) A Class A, Class B, or Class C felony that is a controlled substance offense (IC 35-48-4).
(2) Murder (IC 35-42-1-1).
(3) Kidnapping (IC 35-42-3-2).
(4) Criminal confinement (IC 35-42-3-3).
(5) Robbery (IC 35-42-5-1).
(6) Arson (IC 35-43-1-1).
(7) Child solicitation (IC 35-42-4-6).
(8) Human and sexual trafficking crimes under IC 35-42-3.5.
(9) Escape as a Class B felony or Class C felony
(10) An offense that relates to a weapon of mass destruction (as defined in IC 35-41-1-29.4).
(11) An attempt or conspiracy to commit an offense described in subdivisions (1) through (10).
(12) An offense under the law of the United States or in another state or country that is substantially similar to an offense described in subdivisions (1) through (11).
document meets the requirements of the law as a sworn document if the
following form or a substantially similar form is used:
I swear (affirm), under penalty of perjury as specified by
IC 35-44-2-1, IC 35-44.1-2-1, that the foregoing (the following)
representations are true.
Signed __________________
(b) If a document complies with subsection (a), the swearing or
affirming need not be done before a notary or other officer empowered
to administer oaths.
(c) A person who makes a false affirmation or verification under this
section may be prosecuted under IC 35-44-2-1. IC 35-44.1-2-1.
(b) A grant of use immunity does not prohibit the use of evidence the witness gives in a prosecution for perjury under
(c) If a witness refuses to give evidence after
(b) A grant of use immunity does not prohibit the use of evidence the witness has given in a prosecution for perjury under
(c) If a witness refuses to give the evidence after
(1) The harm, injury, loss, or damage suffered by the victim of an offense was:
(A) significant; and
(B) greater than the elements necessary to prove the commission of the offense.
(2) The person has a history of criminal or delinquent behavior.
(3) The victim of the offense was less than twelve (12) years of age or at least sixty-five (65) years of age at the time the person committed the offense.
(4) The person:
(A) committed a crime of violence (IC 35-50-1-2); and
(B) knowingly committed the offense in the presence or within hearing of an individual who:
(i) was less than eighteen (18) years of age at the time the person committed the offense; and
(ii) is not the victim of the offense.
(5) The person violated a protective order issued against the person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or IC 34-4-5.1 before their repeal), a workplace violence restraining order issued against the person under IC 34-26-6, or a no contact order issued against the person.
(6) The person has recently violated the conditions of any probation, parole, pardon, community corrections placement, or pretrial release granted to the person.
(7) The victim of the offense was:
(A) a person with a disability (as defined in IC 27-7-6-12), and the defendant knew or should have known that the victim was a person with a disability; or
(B) mentally or physically infirm.
(8) The person was in a position having care, custody, or control of the victim of the offense.
(9) The injury to or death of the victim of the offense was the result of shaken baby syndrome (as defined in IC 16-41-40-2).
(10) The person threatened to harm the victim of the offense or a
witness if the victim or witness told anyone about the offense.
(11) The person:
(A) committed trafficking with an inmate under IC 35-44-3-9;
IC 35-44.1-3-5; and
(B) is an employee of the penal facility.
(b) The court may consider the following factors as mitigating
circumstances or as favoring suspending the sentence and imposing
probation:
(1) The crime neither caused nor threatened serious harm to
persons or property, or the person did not contemplate that it
would do so.
(2) The crime was the result of circumstances unlikely to recur.
(3) The victim of the crime induced or facilitated the offense.
(4) There are substantial grounds tending to excuse or justify the
crime, though failing to establish a defense.
(5) The person acted under strong provocation.
(6) The person has no history of delinquency or criminal activity,
or the person has led a law-abiding life for a substantial period
before commission of the crime.
(7) The person is likely to respond affirmatively to probation or
short term imprisonment.
(8) The character and attitudes of the person indicate that the
person is unlikely to commit another crime.
(9) The person has made or will make restitution to the victim of
the crime for the injury, damage, or loss sustained.
(10) Imprisonment of the person will result in undue hardship to
the person or the dependents of the person.
(11) The person was convicted of a crime involving the use of
force against a person who had repeatedly inflicted physical or
sexual abuse upon the convicted person and evidence shows that
the convicted person suffered from the effects of battery as a
result of the past course of conduct of the individual who is the
victim of the crime for which the person was convicted.
(c) The criteria listed in subsections (a) and (b) do not limit the
matters that the court may consider in determining the sentence.
(d) A court may impose any sentence that is:
(1) authorized by statute; and
(2) permissible under the Constitution of the State of Indiana;
regardless of the presence or absence of aggravating circumstances or
mitigating circumstances.
JULY 1, 2012]: Sec. 4.7. As used in this chapter, "violent offender"
means a person who is:
(1) convicted of an offense or attempted offense under
IC 35-50-1-2(a), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-43-1-1,
IC 35-44-3-5, IC 35-44.1-3-5, IC 35-45-10-5, IC 35-47-5-1
(repealed), or IC 35-47.5-5;
(2) charged with an offense or attempted offense listed in
IC 35-50-1-2(a), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-42-4,
IC 35-43-1-1, IC 35-44-3-5, IC 35-44.1-3-5, IC 35-45-10-5,
IC 35-46-1-3, IC 35-47-5-1 (repealed), or IC 35-47.5-5; or
(3) a security risk as determined under section 10 of this chapter.
(1) A requirement that the offender be confined to the offender's home at all times except when the offender is:
(A) working at employment approved by the court or traveling to or from approved employment;
(B) unemployed and seeking employment approved for the offender by the court;
(C) undergoing medical, psychiatric, mental health treatment, counseling, or other treatment programs approved for the offender by the court;
(D) attending an educational institution or a program approved for the offender by the court;
(E) attending a regularly scheduled religious service at a place of worship; or
(F) participating in a community work release or community restitution or service program approved for the offender by the court.
(2) Notice to the offender that violation of the order for home detention may subject the offender to prosecution for the crime of escape under
(3) A requirement that the offender abide by a schedule prepared by the probation department, or by a community corrections program ordered to provide supervision of the offender's home detention, specifically setting forth the times when the offender may be absent from the offender's home and the locations the offender is allowed to be during the scheduled absences.
(4) A requirement that the offender is not to commit another crime during the period of home detention ordered by the court.
(5) A requirement that the offender obtain approval from the probation department or from a community corrections program ordered to provide supervision of the offender's home detention before the offender changes residence or the schedule described in subdivision (3).
(6) A requirement that the offender maintain:
(A) a working telephone in the offender's home; and
(B) if ordered by the court, a monitoring device in the offender's home or on the offender's person, or both.
(7) A requirement that the offender pay a home detention fee set by the court in addition to the probation user's fee required under IC 35-38-2-1 or IC 31-40. However, the fee set under this subdivision may not exceed the maximum fee specified by the department of correction under IC 11-12-2-12.
(8) A requirement that the offender abide by other conditions of probation set by the court under IC 35-38-2-2.3.
(9) A requirement that an offender:
(A) who is convicted of an offense described in IC 10-13-6-10;
(B) who has not previously provided a DNA sample in accordance with IC 10-13-6; and
(C) whose sentence does not involve a commitment to the department of correction;
provide a DNA sample.
ARTICLE 44.1. OFFENSES AGAINST GENERAL PUBLIC ADMINISTRATION
Chapter 1. General Public Administration
Sec. 1. A public servant who knowingly or intentionally:
(1) commits an offense in the performance of the public servant's official duties;
(2) solicits, accepts, or agrees to accept from an appointee or employee any property other than what the public servant is authorized by law to accept as a condition of continued employment;
(3) acquires or divests himself or herself of a pecuniary interest in any property, transaction, or enterprise or aids another person to do so based on information obtained by virtue of the public servant's office that official action that has
not been made public is contemplated; or
(4) fails to deliver public records and property in the public
servant's custody to the public servant's successor in office
when that successor qualifies;
commits official misconduct, a Class D felony.
Sec. 2. (a) A person who:
(1) confers, offers, or agrees to confer on a public servant,
either before or after the public servant becomes appointed,
elected, or qualified, any property, except property the public
servant is authorized by law to accept, with intent to control
the performance of an act related to the employment or
function of the public servant or because of any official act
performed or to be performed by the public servant, former
public servant, or person selected to be a public servant;
(2) being a public servant, solicits, accepts, or agrees to accept,
either before or after the person becomes appointed, elected,
or qualified, any property, except property the person is
authorized by law to accept, with intent to control the
performance of an act related to the person's employment or
function as a public servant;
(3) confers, offers, or agrees to confer on a person any
property, except property the person is authorized by law to
accept, with intent to cause that person to control the
performance of an act related to the employment or function
of a public servant;
(4) solicits, accepts, or agrees to accept any property, except
property the person is authorized by law to accept, with intent
to control the performance of an act related to the
employment or function of a public servant;
(5) confers, offers, or agrees to confer any property on a
person participating or officiating in, or connected with, an
athletic contest, sporting event, or exhibition, with intent that
the person will fail to use the person's best efforts in
connection with that contest, event, or exhibition;
(6) being a person participating in, officiating in, or connected
with an athletic contest, sporting event, or exhibition, solicits,
accepts, or agrees to accept any property with intent that the
person will fail to use the person's best efforts in connection
with that contest, event, or exhibition;
(7) being a witness or informant in an official proceeding or
investigation, solicits, accepts, or agrees to accept any
property, with intent to:
(A) withhold any testimony, information, document, or
thing;
(B) avoid legal process summoning the person to testify or
supply evidence; or
(C) absent the person from the proceeding or investigation
to which the person has been legally summoned;
(8) confers, offers, or agrees to confer any property on a
witness or informant in an official proceeding or
investigation, with intent that the witness or informant:
(A) withhold any testimony, information, document, or
thing;
(B) avoid legal process summoning the witness or
informant to testify or supply evidence; or
(C) absent himself or herself from any proceeding or
investigation to which the witness or informant has been
legally summoned; or
(9) confers or offers or agrees to confer any property on an
individual for:
(A) casting a ballot or refraining from casting a ballot; or
(B) voting for a political party, for a candidate, or for or
against a public question;
in an election described in IC 3-5-1-2 or at a convention of a
political party authorized under IC 3;
commits bribery, a Class C felony.
(b) It is not a defense that the person whom the accused person
sought to control was not qualified to act in the desired way.
Sec. 3. (a) A public servant who knowingly or intentionally:
(1) hires an employee for the governmental entity that the
public servant serves; and
(2) fails to assign to the employee any duties, or assigns to the
employee any duties not related to the operation of the
governmental entity;
commits ghost employment, a Class D felony.
(b) A public servant who knowingly or intentionally assigns to
an employee under the public servant's supervision any duties not
related to the operation of the governmental entity that the public
servant serves commits ghost employment, a Class D felony.
(c) A person employed by a governmental entity who, knowing
that the person has not been assigned any duties to perform for the
entity, accepts property from the entity commits ghost
employment, a Class D felony.
(d) A person employed by a governmental entity who knowingly
or intentionally accepts property from the entity for the
performance of duties not related to the operation of the entity
commits ghost employment, a Class D felony.
(e) Any person who accepts property from a governmental
entity in violation of this section and any public servant who
permits the payment of property in violation of this section are
jointly and severally liable to the governmental entity for that
property. The attorney general may bring a civil action to recover
that property in the county where the governmental entity is
located or the person or public servant resides.
(f) For the purposes of this section, an employee of a
governmental entity who voluntarily performs services:
(1) that do not:
(A) promote religion;
(B) attempt to influence legislation or governmental policy;
or
(C) attempt to influence elections to public office;
(2) for the benefit of:
(A) another governmental entity; or
(B) an organization that is exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue
Code;
(3) with the approval of the employee's supervisor; and
(4) in compliance with a policy or regulation that:
(A) is in writing;
(B) is issued by the executive officer of the governmental
entity; and
(C) contains a limitation on the total time during any
calendar year that the employee may spend performing the
services during normal hours of employment;
is considered to be performing duties related to the operation of the
governmental entity.
Sec. 4. (a) The following definitions apply throughout this
section:
(1) "Dependent" means any of the following:
(A) The spouse of a public servant.
(B) A child, stepchild, or adoptee (as defined in
IC 31-9-2-2) of a public servant who is:
(i) unemancipated; and
(ii) less than eighteen (18) years of age.
(C) An individual more than one-half (1/2) of whose
support is provided during a year by the public servant.
(2) "Governmental entity served by the public servant" means
the immediate governmental entity being served by a public
servant.
(3) "Pecuniary interest" means an interest in a contract or
purchase if the contract or purchase will result or is intended
to result in an ascertainable increase in the income or net
worth of:
(A) the public servant; or
(B) a dependent of the public servant who:
(i) is under the direct or indirect administrative control
of the public servant; or
(ii) receives a contract or purchase order that is
reviewed, approved, or directly or indirectly
administered by the public servant.
(b) A public servant who knowingly or intentionally:
(1) has a pecuniary interest in; or
(2) derives a profit from;
a contract or purchase connected with an action by the
governmental entity served by the public servant commits conflict
of interest, a Class D felony.
(c) It is not an offense under this section if any of the following
apply:
(1) The public servant or the public servant's dependent
receives compensation through salary or an employment
contract for:
(A) services provided as a public servant; or
(B) expenses incurred by the public servant as provided by
law.
(2) The public servant's interest in the contract or purchase
and all other contracts and purchases made by the
governmental entity during the twelve (12) months before the
date of the contract or purchase was two hundred fifty dollars
($250) or less.
(3) The contract or purchase involves utility services from a
utility whose rate structure is regulated by the state or federal
government.
(4) The public servant:
(A) acts in only an advisory capacity for a state supported
college or university; and
(B) does not have authority to act on behalf of the college
or university in a matter involving a contract or purchase.
(5) A public servant under the jurisdiction of the state ethics
commission (as provided in IC 4-2-6-2.5) obtains from the
state ethics commission, following full and truthful disclosure,
written approval that the public servant will not or does not
have a conflict of interest in connection with the contract or
purchase under IC 4-2-6 and this section. The approval
required under this subdivision must be:
(A) granted to the public servant before action is taken in
connection with the contract or purchase by the
governmental entity served; or
(B) sought by the public servant as soon as possible after
the contract is executed or the purchase is made and the
public servant becomes aware of the facts that give rise to
a question of conflict of interest.
(6) A public servant makes a disclosure that meets the
requirements of subsection (d) or (e) and is:
(A) not a member or on the staff of the governing body
empowered to contract or purchase on behalf of the
governmental entity, and functions and performs duties for
the governmental entity unrelated to the contract or
purchase;
(B) appointed by an elected public servant;
(C) employed by the governing body of a school
corporation and the contract or purchase involves the
employment of a dependent or the payment of fees to a
dependent;
(D) elected; or
(E) a member of, or a person appointed by, the board of
trustees of a state supported college or university.
(7) The public servant is a member of the governing board of
a hospital organized or operated under IC 16-22-1 through
IC 16-22-5 or IC 16-23-1.
(d) A disclosure must:
(1) be in writing;
(2) describe the contract or purchase to be made by the
governmental entity;
(3) describe the pecuniary interest that the public servant has
in the contract or purchase;
(4) be affirmed under penalty of perjury;
(5) be submitted to the governmental entity and be accepted
by the governmental entity in a public meeting of the
governmental entity before final action on the contract or
purchase;
(6) be filed within fifteen (15) days after final action on the contract or purchase with:
(A) the state board of accounts; and
(B) if the governmental entity is a governmental entity other than the state or a state supported college or university, the clerk of the circuit court in the county where the governmental entity takes final action on the contract or purchase; and
(7) contain, if the public servant is appointed, the written approval of the elected public servant (if any) or the board of trustees of a state supported college or university (if any) that appointed the public servant.
(e) This subsection applies only to a person who is a member of, or a person appointed by, the board of trustees of a state supported college or university. A person to whom this subsection applies complies with the disclosure requirements of this chapter with respect to the person's pecuniary interest in a particular type of contract or purchase which is made on a regular basis from a particular vendor if the individual files with the state board of accounts and the board of trustees a statement of pecuniary interest in that particular type of contract or purchase made with that particular vendor. The statement required by this subsection must be made on an annual basis.
Sec. 5. (a) As used in this section, "pecuniary interest" has the meaning set forth in section 4(a)(3) of this chapter.
(b) A person who knowingly or intentionally:
(1) obtains a pecuniary interest in a contract or purchase with an agency within one (1) year after separation from employment or other service with the agency; and
(2) is not a public servant for the agency but who as a public servant approved, negotiated, or prepared on behalf of the agency the terms or specifications of:
(A) the contract; or
(B) the purchase;
commits profiteering from public service, a Class D felony.
(c) This section does not apply to negotiations or other activities related to an economic development grant, loan, or loan guarantee.
(d) This section does not apply if the person receives less than two hundred fifty dollars ($250) of the profits from the contract or purchase.
(e) It is a defense to a prosecution under this section that:
(1) the person was screened from any participation in the
contract or purchase;
(2) the person has not received a part of the profits of the
contract or purchase; and
(3) notice was promptly given to the agency of the person's
interest in the contract or purchase.
Chapter 2. Interference with General Government Operations
Sec. 1. (a) A person who:
(1) makes a false, material statement under oath or
affirmation, knowing the statement to be false or not believing
it to be true; or
(2) has knowingly made two (2) or more material statements,
in a proceeding before a court or grand jury, which are
inconsistent to the degree that one (1) of them is necessarily
false;
commits perjury, a Class D felony.
(b) In a prosecution under subsection (a)(2) of this section:
(1) the indictment or information need not specify which
statement is actually false; and
(2) the falsity of a statement may be established sufficiently
for conviction by proof that the defendant made
irreconcilably contradictory statements which are material to
the point in question.
Sec. 2. (a) A person who:
(1) knowingly or intentionally induces, by threat, coercion, or
false statement, a witness or informant in an official
proceeding or investigation to:
(A) withhold or unreasonably delay in producing any
testimony, information, document, or thing;
(B) avoid legal process summoning the person to testify or
supply evidence; or
(C) absent the person from a proceeding or investigation
to which the person has been legally summoned;
(2) knowingly or intentionally in an official criminal
proceeding or investigation:
(A) withholds or unreasonably delays in producing any
testimony, information, document, or thing after a court
orders the person to produce the testimony, information,
document, or thing;
(B) avoids legal process summoning the person to testify or
supply evidence; or
(C) absents the person from a proceeding or investigation
to which the person has been legally summoned;
(3) alters, damages, or removes any record, document, or
thing, with intent to prevent it from being produced or used
as evidence in any official proceeding or investigation;
(4) makes, presents, or uses a false record, document, or thing
with intent that the record, document, or thing, material to
the point in question, appear in evidence in an official
proceeding or investigation to mislead a public servant; or
(5) communicates, directly or indirectly, with a juror
otherwise than as authorized by law, with intent to influence
the juror regarding any matter that is or may be brought
before the juror;
commits obstruction of justice, a Class D felony.
(b) Subdivision (a)(2)(A) does not apply to:
(1) a person who qualifies for a special privilege under
IC 34-46-4 with respect to the testimony, information,
document, or thing; or
(2) a person who, as:
(A) an attorney;
(B) a physician;
(C) a member of the clergy; or
(D) a husband or wife;
is not required to testify under IC 34-46-3-1.
Sec. 3. (a) As used in this section, "consumer product" has the
meaning set forth in IC 35-45-8-1.
(b) As used in this section, "misconduct" means a violation of a
departmental rule or procedure of a law enforcement agency.
(c) A person who reports, by telephone, telegraph, mail, or other
written or oral communication, that:
(1) the person or another person has placed or intends to
place an explosive, a destructive device, or other destructive
substance in a building or transportation facility;
(2) there has been or there will be tampering with a consumer
product introduced into commerce; or
(3) there has been or will be placed or introduced a weapon of
mass destruction in a building or a place of assembly;
knowing the report to be false, commits false reporting, a Class D
felony.
(d) A person who:
(1) gives a false report of the commission of a crime or gives
false information in the official investigation of the
commission of a crime, knowing the report or information to
be false;
(2) gives a false alarm of fire to the fire department of a
governmental entity, knowing the alarm to be false;
(3) makes a false request for ambulance service to an
ambulance service provider, knowing the request to be false;
(4) gives a false report concerning a missing child (as defined
in IC 10-13-5-4) or missing endangered adult (as defined in
IC 12-7-2-131.3) or gives false information in the official
investigation of a missing child or missing endangered adult
knowing the report or information to be false;
(5) makes a complaint against a law enforcement officer to the
state or municipality (as defined in IC 8-1-13-3(b)) that
employs the officer:
(A) alleging the officer engaged in misconduct while
performing the officer's duties; and
(B) knowing the complaint to be false; or
(6) makes a false report of a missing person, knowing the
report or information is false;
commits false informing, a Class B misdemeanor. However, the
offense is a Class A misdemeanor if it substantially hinders any law
enforcement process or if it results in harm to an innocent person.
Sec. 4. (a) A person who:
(1) with intent to mislead public servants;
(2) in a five (5) year period; and
(3) in one (1) or more official proceedings or investigations;
has knowingly made at least two (2) material statements
concerning the person's identity that are inconsistent to the degree
that one (1) of them is necessarily false commits false identity
statement, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that the
material statements that are the basis of a prosecution under
subsection (a) concerning the person's identity are accurate or
were accurate in the past.
(c) In a prosecution under subsection (a):
(1) the indictment or information need not specify which
statement is actually false; and
(2) the falsity of a statement may be established sufficiently
for conviction by proof that the defendant made
irreconcilably contradictory statements concerning the
person's identity.
Sec. 5. (a) A person not standing in the relation of parent, child,
or spouse to another person who has committed a crime or is a
fugitive from justice who, with intent to hinder the apprehension
or punishment of the other person, harbors, conceals, or otherwise
assists the person commits assisting a criminal, a Class A
misdemeanor. However, the offense is:
(1) a Class D felony, if the person assisted has committed a
Class B, Class C, or Class D felony; and
(2) a Class C felony, if the person assisted has committed
murder or a Class A felony, or if the assistance was providing
a deadly weapon.
(b) It is not a defense to a prosecution under this section that the
person assisted:
(1) has not been prosecuted for the offense;
(2) has not been convicted of the offense; or
(3) has been acquitted of the offense by reason of insanity.
However, the acquittal of the person assisted for other reasons may
be a defense.
Sec. 6. A person who falsely represents that the person is a
public servant, with intent to mislead and induce another person
to submit to false official authority or otherwise to act to the other
person's detriment in reliance on the false representation, commits
impersonation of a public servant, a Class A misdemeanor.
However, a person who falsely represents that the person is:
(1) a law enforcement officer; or
(2) an agent or employee of the department of state revenue,
and collects any property from another person;
commits a Class D felony.
Sec. 7. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency
purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:
(1) a governmental entity;
(2) a regularly employed law enforcement officer;
(3) a common carrier of persons for hire whose vehicles are
used in emergency service;
(4) a public service or utility company whose vehicles are used
in emergency service;
(5) a person who has written permission from the chief
executive officer of a law enforcement agency to possess a
police radio;
(6) a person who holds an amateur radio license issued by the
Federal Communications Commission if the person is not
transmitting over a frequency assigned for police emergency
purposes;
(7) a person who uses a police radio only in the person's
dwelling or place of business;
(8) a person:
(A) who is regularly engaged in newsgathering activities;
(B) who is employed by a newspaper qualified to receive
legal advertisements under IC 5-3-1, a wire service, or a
licensed commercial or public radio or television station;
and
(C) whose name is furnished by the person's employer to
the chief executive officer of a law enforcement agency in
the county in which the employer's principal office is
located;
(9) a person engaged in the business of manufacturing or
selling police radios; or
(10) a person who possesses or uses a police radio during the
normal course of the person's lawful business.
(c) As used in this section, "police radio" means a radio that is
capable of sending or receiving signals transmitted on frequencies
assigned by the Federal Communications Commission for police
emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.
The term does not include a radio designed for use only in a
dwelling.
Sec. 8. (a) A person who knowingly or intentionally
manufactures and sells or manufactures and offers for sale:
(1) an official badge or a replica of an official badge that is
currently used by a law enforcement agency or fire
department of the state or of a political subdivision of the
state; or
(2) a document that purports to be an official employment
identification that is used by a law enforcement agency or fire
department of the state or of a political subdivision of the
state;
without the written permission of the chief executive officer of the
law enforcement agency commits unlawful manufacture or sale of
a police or fire insignia, a Class A misdemeanor.
(b) However, the offense described in subsection (a) is:
(1) a Class D felony if the person commits the offense with the
knowledge or intent that the badge or employment
identification will be used to further the commission of an
offense under IC 35-44-2-3; and
(2) a Class B felony if the person commits the offense with the
knowledge or intent that the badge or employment
identification will be used to further the commission of an
offense under IC 35-47-12.
(c) It is a defense to a prosecution under subsection (a)(1) if the
area of the badge or replica that is manufactured and sold or
manufactured and offered for sale as measured by multiplying the
greatest length of the badge by the greatest width of the badge is:
(1) less than fifty percent (50%); or
(2) more than one hundred fifty percent (150%);
of the area of an official badge that is used by a law enforcement
agency or fire department of the state or a political subdivision of
the state as measured by multiplying the greatest length of the
official badge by the greatest width of the official badge.
Sec. 9. (a) A person who, having been released from lawful
detention on condition that the person appear at a specified time
and place in connection with a charge of a crime, intentionally fails
to appear at that time and place commits failure to appear, a Class
A misdemeanor. However, the offense is a Class D felony if the
charge was a felony charge.
(b) It is no defense that the accused person was not convicted of
the crime with which the person was originally charged.
(c) This section does not apply to obligations to appear incident
to release under suspended sentence or on probation or parole.
Sec. 10. (a) A person who, having been issued:
(1) a complaint and summons in connection with an infraction
or ordinance violation; or
(2) a summons, or summons and promise to appear, in
connection with a misdemeanor violation;
notifying the person to appear at a specific time and place,
intentionally fails to appear at the specified time and place commits
failure to respond to a summons, a Class C misdemeanor.
(b) It is no defense that judgment was entered in favor of the
person in the infraction or ordinance proceeding or that the person
was acquitted of the misdemeanor for which the person was
summoned to appear.
Sec. 11. A person who knowingly or intentionally:
(1) dismisses an employee;
(2) deprives an employee of employment benefits; or
(3) threatens such a dismissal or deprivation;
because the employee has received or responded to a summons,
served as a juror, or attended court for prospective jury service
commits interference with jury service, a Class B misdemeanor.
Sec. 12. A person who knowingly or intentionally:
(1) dismisses an employee;
(2) deprives an employee of employment benefits; or
(3) threatens such a dismissal or deprivation;
because the employee has received or responded to a subpoena in
a criminal proceeding commits interference with witness service,
a Class B misdemeanor.
Chapter 3. Detention
Sec. 1. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law
enforcement officer or a person assisting the officer while the
officer is lawfully engaged in the execution of the officer's
duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of
a court; or
(3) flees from a law enforcement officer after the officer has,
by visible or audible means, including operation of the law
enforcement officer's siren or emergency lights, identified
himself or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except
as provided in subsection (b).
(b) The offense under subsection (a) is a:
(1) Class D felony if:
(A) the offense is described in subsection (a)(3) and the
person uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection
(a), the person draws or uses a deadly weapon, inflicts
bodily injury on or otherwise causes bodily injury to
another person, or operates a vehicle in a manner that
creates a substantial risk of bodily injury to another
person;
(2) Class C felony if, while committing any offense described
in subsection (a), the person operates a vehicle in a manner
that causes serious bodily injury to another person;
(3) Class B felony if, while committing any offense described
in subsection (a), the person operates a vehicle in a manner
that causes the death of another person; and
(4) Class A felony if, while committing any offense described
in subsection (a), the person operates a vehicle in a manner
that causes the death of a law enforcement officer while the
law enforcement officer is engaged in the officer's official
duties.
(c) For purposes of this section, a law enforcement officer
includes an enforcement officer of the alcohol and tobacco
commission and a conservation officer of the department of
natural resources.
(d) If a person uses a vehicle to commit a felony offense under
subsection (b)(1)(B), (b)(2), (b)(3), or (b)(4), as part of the criminal
penalty imposed for the offense, the court shall impose a minimum
executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior
unrelated conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1)
prior unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior
unrelated convictions under this section.
(e) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, the
mandatory minimum sentence imposed under subsection (d) may
not be suspended.
(f) If a person is convicted of an offense involving the use of a
motor vehicle under:
(1) subsection (b)(1)(A), if the person exceeded the speed limit
by at least twenty (20) miles per hour while committing the
offense;
(2) subsection (b)(2); or
(3) subsection (b)(3);
the court may notify the bureau of motor vehicles to suspend or
revoke the person's driver's license and all certificates of
registration and license plates issued or registered in the person's
name in accordance with IC 9-30-4-6(b)(3) for the period described
in IC 9-30-4-6(d)(4) or IC 9-30-4-6(d)(5). The court shall inform
the bureau whether the person has been sentenced to a term of
incarceration. At the time of conviction, the court may obtain the
person's current driver's license and return the license to the
bureau of motor vehicles.
Sec. 2. (a) As used in this section, "officer" includes the
following:
(1) A person employed by:
(A) the department of correction;
(B) a law enforcement agency;
(C) a probation department;
(D) a county jail; or
(E) a circuit, superior, county, probate, city, or town court;
who is required to carry a firearm in performance of the
person's official duties.
(2) A law enforcement officer.
(b) A person who:
(1) knows that another person is an officer; and
(2) knowingly or intentionally takes or attempts to take a
firearm (as defined in IC 35-47-1-5) or weapon that the officer
is authorized to carry from the officer or from the immediate
proximity of the officer:
(A) without the consent of the officer; and
(B) while the officer is engaged in the performance of the
officer's official duties;
commits disarming a law enforcement officer, a Class C felony.
However, the offense is a Class B felony if it results in serious
bodily injury to the officer, and the offense is a Class A felony if it
results in death to the officer or if a firearm (as defined in
IC 35-47-1-5) was taken and the offense results in serious bodily
injury to the officer.
Sec. 3. A person who, when ordered by a law enforcement
officer to assist the officer in the execution of the officer's duties,
knowingly or intentionally, and without a reasonable cause, refuses
to assist commits refusal to aid an officer, a Class B misdemeanor.
Sec. 4. (a) A person, except as provided in subsection (b), who
intentionally flees from lawful detention commits escape, a Class
C felony. However, the offense is a Class B felony if, while
committing it, the person draws or uses a deadly weapon or inflicts
bodily injury on another person.
(b) A person who knowingly or intentionally violates a home
detention order or intentionally removes an electronic monitoring
device or GPS tracking device commits escape, a Class D felony.
(c) A person who knowingly or intentionally fails to return to
lawful detention following temporary leave granted for a specified
purpose or limited period commits failure to return to lawful
detention, a Class D felony. However, the offense is a Class C
felony if, while committing it, the person draws or uses a deadly
weapon or inflicts bodily injury on another person.
Sec. 5. (a) As used in this section, "juvenile facility" means the
following:
(1) A secure facility (as defined in IC 31-9-2-114) in which a
child is detained under IC 31 or used for a child awaiting
adjudication or adjudicated under IC 31 as a child in need of
services or a delinquent child.
(2) A shelter care facility (as defined in IC 31-9-2-117) in
which a child is detained under IC 31 or used for a child
awaiting adjudication or adjudicated under IC 31 as a child
in need of services or a delinquent child.
(b) Except as provided in subsection (d), a person who, without
the prior authorization of the person in charge of a penal facility
or juvenile facility knowingly or intentionally:
(1) delivers, or carries into the penal facility or juvenile
facility with intent to deliver, an article to an inmate or child
of the facility;
(2) carries, or receives with intent to carry out of the penal
facility or juvenile facility, an article from an inmate or child
of the facility;
(3) delivers, or carries to a worksite with the intent to deliver,
alcoholic beverages to an inmate or child of a jail work crew
or community work crew; or
(4) possesses in or carries into a penal facility or a juvenile
facility:
(A) a controlled substance; or
(B) a deadly weapon;
commits trafficking with an inmate, a Class A misdemeanor.
(c) If the person who committed the offense under subsection (b)
is an employee of:
(1) the department of correction; or
(2) a penal facility;
and the article is a cigarette or tobacco product (as defined in
IC 6-7-2-5), the court shall impose a mandatory five thousand
dollar ($5,000) fine under IC 35-50-3-2, in addition to any term of
imprisonment imposed under IC 35-50-3-2.
(d) The offense under subsection (b) is a Class C felony if the
article is:
(1) a controlled substance;
(2) a deadly weapon; or
(3) a cellular telephone or other wireless or cellular
communications device.
Sec. 6. (a) As used in this section, "contraband" means the following:
(1) Alcohol.
(2) A cigarette or tobacco product.
(3) A controlled substance.
(4) An item that may be used as a weapon.
(b) As used in this section, "inmate outside a facility" means a person who is incarcerated in a penal facility or detained in a juvenile facility on a full-time basis as the result of a conviction or a juvenile adjudication but who has been or is being transported to another location to participate in or prepare for a judicial proceeding. The term does not include the following:
(1) An adult or juvenile pretrial detainee.
(2) A person serving an intermittent term of imprisonment or detention.
(3) A person serving a term of imprisonment or detention as:
(A) a condition of probation;
(B) a condition of a community corrections program;
(C) part of a community transition program;
(D) part of a reentry court program;
(E) part of a work release program; or
(F) part of a community based program that is similar to a program described in clauses (A) through (E).
(4) A person who has escaped from incarceration or walked away from secure detention.
(5) A person on temporary leave (as described in IC 11-10-9) or temporary release (as described in IC 11-10-10).
(c) A person who, with the intent of providing contraband to an inmate outside a facility:
(1) delivers contraband to an inmate outside a facility; or
(2) places contraband in a location where an inmate outside a facility could obtain the contraband;
commits trafficking with an inmate outside a facility, a Class A misdemeanor. However, the offense is a Class D felony if the contraband is an item described in subsection (a)(3), and a Class C felony if the contraband is an item described in subsection (a)(4).
Sec. 7. A person who knowingly or intentionally while incarcerated in a penal facility possesses a device, equipment, a chemical substance, or other material that:
(1) is used; or
(2) is intended to be used;
in a manner that is readily capable of causing bodily injury
commits a Class C felony. However, the offense is a Class B felony
if the device, equipment, chemical substance, or other material is
a deadly weapon.
Sec. 8. A person who knowingly or intentionally possesses a
cellular telephone or other wireless or cellular communications
device while incarcerated in a county jail commits a Class A
misdemeanor.
Sec. 9. (a) A person who is being supervised on lifetime parole
(as described in IC 35-50-6-1) and who knowingly or intentionally
violates a condition of lifetime parole that involves direct or
indirect contact with a child less than sixteen (16) years of age or
with the victim of a crime that was committed by the person
commits a Class D felony if, at the time of the violation:
(1) the person's lifetime parole has been revoked two (2) or
more times; or
(2) the person has completed the person's sentence, including
any credit time the person may have earned.
(b) The offense described in subsection (a) is a Class C felony if
the person has a prior unrelated conviction under this section.
Sec. 10. (a) As used in this section, "service provider" means a
public servant or other person employed by a governmental entity
or another person who provides goods or services to a person who
is subject to lawful detention.
(b) A service provider who knowingly or intentionally engages
in sexual intercourse or deviate sexual conduct with a person who
is subject to lawful detention commits sexual misconduct, a Class
C felony.
(c) A service provider at least eighteen (18) years of age who
knowingly or intentionally engages in sexual intercourse or deviate
sexual conduct with a person who is:
(1) less than eighteen (18) years of age; and
(2) subject to lawful detention;
commits sexual misconduct, a Class B felony.
(d) It is not a defense that an act described in subsection (b) or
(c) was consensual.
(e) This section does not apply to sexual intercourse or deviate
sexual conduct between spouses.
Chapter 4. Firefighting and Emergency Services
Sec. 1. As used in this chapter, "dispatched firefighter" means
a member of:
(1) the fire company having jurisdiction over an emergency
incident area; or
(2) a fire company that has entered into a mutual aid
agreement with the fire company having jurisdiction over an
emergency incident area;
who has been dispatched by the local fire department having
jurisdiction over the particular emergency incident area.
Sec. 2. As used in this chapter, "emergency incident area"
means the area surrounding a structure, vehicle, property, or area
that is:
(1) defined by police or firefighters with flags, barricades,
barrier tape, or other markers; or
(2) one hundred and fifty (150) feet in all directions from the
perimeter of the emergency incident;
whichever is greater.
Sec. 3. As used in this chapter, "firefighter" has the meaning set
forth in IC 9-18-34-1.
Sec. 4. As used in this chapter, "fire protective clothing and fire
protective gear" includes any of the following items generally used
by firefighters:
(1) Outer fire retardant clothing and headgear.
(2) Fire gloves.
(3) Self contained breathing apparatus.
(4) Emergency medical services protective gear.
(5) Hazardous materials protective gear.
Sec. 5. A person who is not a firefighter who knowingly or
intentionally refuses to leave an emergency incident area
immediately after being requested to do so by a firefighter or law
enforcement officer commits a Class A misdemeanor.
Sec. 6. A firefighter who:
(1) has not been dispatched to an emergency incident area;
(2) enters an emergency incident area; and
(3) refuses to leave an emergency incident area immediately
after being requested to do so by a dispatched firefighter or
law enforcement officer;
commits a Class C infraction.
Sec. 7. A person other than a firefighter who, with intent to
mislead a firefighter or law enforcement officer as to the person's
status as a dispatched firefighter, knowingly or intentionally enters
an emergency incident area while wearing, transporting, or
otherwise possessing a uniform, fire protective clothing, or fire
protective gear commits a Class A misdemeanor. However, the
offense is a Class D felony if, as a proximate result of the person
entering the emergency incident area, a person or firefighter
suffers bodily injury (as defined in IC 35-41-1-4).
Sec. 8. A person who knowingly or intentionally obstructs or
interferes with a firefighter performing or attempting to perform
the firefighter's emergency functions or duties as a firefighter
commits obstructing a firefighter, a Class A misdemeanor.
Sec. 9. (a) "Emergency medical person" means a person who
holds a certificate issued by the Indiana emergency medical
services commission to provide emergency medical services.
(b) A person who knowingly or intentionally obstructs or
interferes with an emergency medical person performing or
attempting to perform the emergency medical person's emergency
functions or duties commits obstructing an emergency medical
person, a Class B misdemeanor.
Chapter 5. Illegal Alien Offenses
Sec. 1. This chapter does not apply to the following:
(1) A church or religious organization conducting an activity
that is protected by the First Amendment to the United States
Constitution.
(2) The provision of assistance for health care items and
services that are necessary for the treatment of an emergency
medical condition of an individual.
(3) A health care provider (as defined in IC 16-18-2-163(a))
that is providing health care services.
(4) An attorney or other person that is providing legal
services.
(5) A person who:
(A) is a spouse of an alien or who stands in relation of
parent or child to an alien; and
(B) would otherwise commit an offense under this chapter
with respect to the alien.
(6) A provider that:
(A) receives federal or state funding to provide services to
victims of domestic violence, sexual assault, human
trafficking, or stalking; and
(B) is providing the services described in clause (A).
(7) An employee of Indiana or a political subdivision (as
defined in IC 36-1-2-13) if the employee is acting within the
scope of the employee's employment.
(8) An employee of a school acting within the scope of the
employee's employment.
Sec. 2. As used in this chapter, "alien" has the meaning set forth
in 8 U.S.C. 1101(a).
Sec. 3. (a) A person who knowingly or intentionally:
(1) transports; or
(2) moves;
an alien, for the purpose of commercial advantage or private financial gain, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of the law commits transporting an illegal alien, a Class A misdemeanor.
(b) If a violation under this section involves more than nine (9) aliens, the violation is a Class D felony.
Sec. 4. (a) A person who knowingly or intentionally:
(1) conceals;
(2) harbors; or
(3) shields from detection;
an alien in any place, including a building or means of transportation, for the purpose of commercial advantage or private financial gain, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law, commits harboring an illegal alien, a Class A misdemeanor.
(b) If a violation under this section involves more than nine (9) aliens, the violation is a Class D felony.
(c) A landlord that rents real property to a person who is an alien does not violate this section as a result of renting the property to the person.
Sec. 5. A person who transports, moves, or cares for a child (as defined in IC 35-47-10-3) who is an alien does not violate this chapter as a result of transporting, moving, or caring for the child.
Sec. 6. A determination by the United States Department of Homeland Security that an alien has come to, entered, or remained in the United States in violation of law is evidence that the alien is in the United States in violation of law.
Sec. 7. A law enforcement officer shall impound a motor vehicle, other than a motor vehicle used in public transportation and owned or operated by the state or a political subdivision, that is used to commit a violation of section 3 or 4 of this chapter.
ARTICLE 44.2. OFFENSES AGAINST STATE PUBLIC ADMINISTRATION
Chapter 1. Interference with State Government
Sec. 1. (a) As used in this section, "supervisor" has the meaning set forth in IC 4-15-10-1.
(b) As used in this section, "violation" means:
(1) a violation of a federal law or regulation;
(2) a violation of a state law or rule;
(3) a violation of an ordinance of a political subdivision (as defined in IC 36-1-2-13); or
(4) the misuse of public resources.
(c) A state supervisor who knowingly or intentionally:
(1) dismisses from employment;
(2) withholds a salary increase or employment related benefit of;
(3) transfers or reassigns;
(4) denies a promotion that would have been received by; or
(5) demotes;
a state employee in retaliation for the state employee reporting in writing the existence of a violation commits retaliation for reporting a violation, a Class A misdemeanor.
Sec. 2. (a) As used in this section, "state employee" means:
(1) an employee (as defined in IC 4-2-6-1(a)(8));
(2) a special state appointee (as defined in IC 4-2-6-1(a)(16); or
(3) a state officer (as defined in IC 4-2-6-1(a)(17)).
(b) A state employee who knowingly or intentionally retaliates or threatens to retaliate against another state employee or former state employee for:
(1) filing a complaint with the state ethics commission or the inspector general;
(2) providing information to the state ethics commission or the inspector general; or
(3) testifying at a state ethics commission proceeding;
commits retaliation for reporting to the inspector general, a Class A misdemeanor.
(c) It is a defense to a prosecution under this section that the reporting state employee or former state employee:
(1) did not act in good faith; or
(2) knowingly, intentionally, or recklessly provided false information or testimony to the state ethics commission or the inspector general.
Sec. 3. A person who:
(1) knowingly or intentionally induces or attempts to induce, by threat, coercion, suggestion, or false statement, a witness
or informant in a state ethics commission proceeding or
investigation conducted by the inspector general to do any of
the following:
(A) Withhold or unreasonably delay the production of any
testimony, information, document, or thing.
(B) Avoid legal process summoning the person to testify or
supply evidence.
(C) Fail to appear at a proceeding or investigation to which
the person has been summoned.
(D) Make, present, or use a false record, document, or
thing with the intent that the record, document, or thing
appear in a state ethics commission proceeding or
inspector general investigation to mislead a state ethics
commissioner or inspector general employee;
(2) alters, damages, or removes a record, document, or thing
except as permitted or required by law, with the intent to
prevent the record, document, or thing from being produced
or used in a state ethics commission proceeding or inspector
general investigation; or
(3) makes, presents, or uses a false record, document, or thing
with the intent that the record, document, or thing appear in
a state ethics commission proceeding or inspector general
investigation to mislead a state ethics commissioner or
inspector general employee;
commits obstructing the inspector general, a Class A misdemeanor.
Sec. 4. A person who:
(1) intentionally interferes with or prevents the completion of
the work of the department of correction ombudsman;
(2) knowingly offers compensation to the department of
correction ombudsman in an effort to affect the outcome of an
investigation or a potential investigation;
(3) knowingly or intentionally retaliates against an offender
or another person who provides information to the
department of correction ombudsman; or
(4) makes threats because of an investigation or potential
investigation against:
(A) the department of correction ombudsman;
(B) a person who has filed a complaint; or
(C) a person who provides information to the department
of correction ombudsman;
commits obstructing the department of correction ombudsman, a
Class A misdemeanor.
Sec. 5. (a) A person who knowingly or intentionally:
(1) interferes with or prevents the completion of the work of a department of child services ombudsman;
(2) offers compensation to a department of child services ombudsman in an effort to affect the outcome of an investigation or a potential investigation;
(3) retaliates against another person who provides information to a department of child services ombudsman; or
(4) threatens a department of child services ombudsman, a person who has filed a complaint, or a person who provides information to a department of child services ombudsman, because of an investigation or potential investigation;
commits interference with the department of child services ombudsman, a Class A misdemeanor.
(b) It is a defense to a prosecution under subsection (a) if the conduct is the expungement of records held by the department of child services that occurs by statutory mandate, judicial order or decree, administrative review or process, automatic operation of the Indiana Child Welfare Information System (ICWIS) computer system, or in the normal course of business.
Sec. 6. A person who interferes with the state examiner is subject to a civil action for an infraction under IC 5-11-1-10.
Sec. 7. A person who refuses to follow the state examiner's directives is subject to a civil action for an infraction under IC 5-11-1-21.
Sec. 8. A person who fails to provide an annual report to the state examiner is subject to a civil action for an infraction under IC 5-11-13-3.
Sec. 9. A state agency's special deputy who makes a false certification of an oath or affirmation is subject to a civil action for an infraction under IC 4-2-4-3.
Sec. 10. A person who makes a false or deficient financial disclosure statement is subject to a civil action for an infraction under IC 4-2-6-8.
Sec. 11. A person who fails to respond to the attorney general upon a demand of an accounting is subject to a civil action for an infraction under IC 4-6-2-6.
Sec. 12. A person who violates commercial driver training school requirements is subject to a civil action for an infraction under IC 5-2-6.5-15.
Sec. 13. A person who fails to follow the publication of notices rules is subject to a civil action for an infraction under IC 5-3-1-9.
Sec. 14. A consultant who fails to file a disclosure concerning a public works project is subject to a civil action for an infraction under IC 5-16-11-11.
Chapter 2. Purchasing Offenses
Sec. 1. A public servant (as defined in IC 35-41-1-24) who knowingly or intentionally fails to deposit public funds (as defined in IC 5-13-4-20) not later than one (1) business day following the receipt of the funds, in a depository in the name of the state or political subdivision by the public servant having control of the funds, commits a violation of the depository rule, a Class A misdemeanor. However, the offense is a Class D felony if the amount involved is at least seven hundred fifty dollars ($750), and a Class C felony if the amount involved is at least fifty thousand dollars ($50,000).
Sec. 2. A public servant (as defined in IC 35-41-1-24) who receives public funds (as defined in IC 5-13-4-20) and fails to:
(1) keep a cashbook (as defined in IC 5-13-5-1);
(2) not later than one (1) business day following the receipt of the funds, enter into the cashbook, by item, all receipts of public funds; or
(3) balance the cashbook daily to show funds on hand at the close of each day;
commits a violation of the cashbook rule, a Class B misdemeanor.
Sec. 3. (a) This subsection does not apply to the following:
(1) A state educational institution (as defined in IC 21-7-13-32).
(2) A municipality (as defined in IC 36-1-2-11).
(3) A county.
(4) An airport authority operating in a consolidated city.
(5) A capital improvements board of managers operating in a consolidated city.
(6) A board of directors of a public transportation corporation operating in a consolidated city.
(7) A municipal corporation organized under IC 16-22-8-6.
(8) A public library.
(9) A library services authority.
(10) A hospital organized under IC 16-22 or a hospital organized under IC 16-23.
(11) A school corporation (as defined in IC 36-1-2-17).
(12) A regional water or sewer district organized under IC 13-26 or under IC 13-3-2 (before its repeal).
(13) A municipally owned utility (as defined in IC 8-1-2-1).
(14) A board of an airport authority under IC 8-22-3.
(15) A conservancy district.
(16) A board of aviation commissioners under IC 8-22-2.
(17) A public transportation corporation under IC 36-9-4.
(18) A commuter transportation district under IC 8-5-15.
(19) A solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal).
(20) A county building authority under IC 36-9-13.
(21) A soil and water conservation district established under IC 14-32.
(22) The northwestern Indiana regional planning commission established by IC 36-7-7.6-3.
(23) The commuter rail service board established under IC 8-24-5.
(24) The regional demand and scheduled bus service board established under IC 8-24-6.
(b) A disbursing officer (as described in IC 5-11-10) who knowingly or intentionally pays a claim that is not:
(1) fully itemized; and
(2) properly certified to by the claimant or some authorized person in the claimant's behalf, with the following words of certification: I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same has been paid;
commits a violation of the itemization and certification rule, a Class A misdemeanor.
Sec. 4. (a) As used in this section, a "purchase" means:
(1) the purchase of materials, equipment, goods and supplies for at least ten thousand dollars ($10,000); or
(2) the leasing of equipment for at least five thousand dollars ($5,000).
(b) A state purchaser of materials (as described in IC 5-17-1) who fails to advertise (as defined in IC 5-3-1) for, receive, or consider bids for purchase commits unlawful competitive bidding, a class A misdemeanor.
Sec. 5. A person who knowingly, intentionally, or recklessly violates:
(1) IC 5-10.4-3-10;
(2) IC 5-10.4-3-12;
(3) IC 5-10.4-3-14; or
(4) IC 5-10.4-3-15;
commits improper teacher's retirement fund accounting, a Class A misdemeanor.
Sec. 6. A board of trustees or correctional facility that borrows without legislative approval under IC 4-10-14-1 is subject to a civil action for an infraction under IC 4-10-14-2.
Sec. 7. A person who improperly disposes of a law enforcement vehicle is subject to a civil action for an infraction under IC 5-22-22-9.
Chapter 3. State Public Works Contracting
Sec. 1. A person who violates provisions relating to state public works contracts is subject to criminal prosecution under IC 4-13.6-4-14.
Sec. 2. A person who has a conflict of interest with respect to a hospital bonding authority contract is subject to criminal prosecution under IC 5-1-4-22.
Sec. 3. A member or person employed by the law enforcement academy building commission who has a conflict of interest with respect to an action by the commission is subject to criminal prosecution under IC 5-2-2-11.
Sec. 4. A person who commits a wage scale violation in a state public works contract is subject to criminal prosecution under IC 5-16-7-3.
Sec. 5. A person who unlawfully divides a public works project is subject to a civil action for an infraction under IC 5-16-7-6.
Sec. 6. A person who improperly engages in certain employee organization activities is subject to a civil action for an infraction under IC 4-15-17-9.
Chapter 4. Confidentiality of Records and Meetings
Sec. 1. A person who discloses confidential information is subject to criminal prosecution under IC 5-14-3-10.
Sec. 2. (a) An employee of a state agency who unlawfully discloses a Social Security number is subject to criminal prosecution under IC 4-1-10-8.
(b) An employee of a state agency who makes a false representation to obtain a Social Security number is subject to criminal prosecution under IC 4-1-10-9.
(c) An employee of a state agency who negligently discloses a Social Security number is subject to a civil action for an infraction under IC 4-1-10-10.
Sec. 3. A person who unlawfully discloses confidential inspector general information is subject to criminal prosecution under IC 4-2-7-8.
Sec. 4. A person who unlawfully discloses criminal intelligence information is subject to criminal prosecution under IC 5-2-4-7.
Sec. 5. A person who unlawfully discloses enterprise zone information is subject to criminal prosecution under IC 5-28-15-8.
Sec. 6. A person who unlawfully discloses advance notice of a state examiner investigation is subject to criminal prosecution under IC 5-11-1-18.
Sec. 7. A person who unlawfully destroys certain public records is subject to criminal prosecution under IC 5-15-6-8.
(b) "Documentary material" means any document, drawing, photograph, recording, or other tangible item containing compiled data from which information can be either obtained or translated into a usable form.
(c) "Enterprise" means:
(1) a sole proprietorship, corporation, limited liability company, partnership, business trust, or governmental entity; or
(2) a union, an association, or a group, whether a legal entity or merely associated in fact.
(d) "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering activity that have the same or similar intent, result, accomplice, victim, or method of commission, or that are otherwise interrelated by distinguishing characteristics that are not isolated incidents. However, the incidents are a pattern of racketeering activity only if at least one (1) of the incidents occurred after August 31, 1980, and if the last of the incidents occurred within five (5) years after a prior incident of racketeering activity.
(e) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit a violation of, or aiding and abetting in a violation of any of the following:
(1) A provision of IC 23-19, or of a rule or order issued under IC 23-19.
(2) A violation of IC 35-45-9.
(3) A violation of IC 35-47.
(4) A violation of IC 35-49-3.
(5) Murder (IC 35-42-1-1).
(6) Battery as a Class C felony (IC 35-42-2-1).
(7) Kidnapping (IC 35-42-3-2).
(8) Human and sexual trafficking crimes (IC 35-42-3.5).
(9) Child exploitation (IC 35-42-4-4).
(10) Robbery (IC 35-42-5-1).
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Burglary (IC 35-43-2-1).
(14) Theft (IC 35-43-4-2).
(15) Receiving stolen property (IC 35-43-4-2).
(16) Forgery (IC 35-43-5-2).
(17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(10)).
(18) Bribery (IC 35-44-1-1).
(19) Official misconduct
(20) Conflict of interest
(21) Perjury
(22) Obstruction of justice
(23) Intimidation (IC 35-45-2-1).
(24) Promoting prostitution (IC 35-45-4-4).
(25) Professional gambling (IC 35-45-5-3).
(26) Maintaining a professional gambling site (IC 35-45-5-3.5(b)).
(27) Promoting professional gambling (IC 35-45-5-4).
(28) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
(29) Dealing in or manufacturing methamphetamine (IC 35-48-4-1.1).
(30) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(31) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(32) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(33) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid (IC 35-48-4-10).
(34) Money laundering (IC 35-45-15-5).
(35) A violation of IC 35-47.5-5.
(36) A violation of any of the following:
(A) IC 23-14-48-9.
(B) IC 30-2-9-7(b).
(C) IC 30-2-10-9(b).
(D) IC 30-2-13-38(f).
(1) does not have a conviction for resisting law enforcement
under IC 35-44-3-3 IC 35-44.1-3-1 within five (5) years before
the person applies for a license or permit under this chapter;
(2) does not have a conviction for a crime for which the person
could have been sentenced for more than one (1) year;
(3) does not have a conviction for a crime of domestic violence
(as defined in IC 35-41-1-6.3), unless a court has restored the
person's right to possess a firearm under IC 35-47-4-7;
(4) is not prohibited by a court order from possessing a handgun;
(5) does not have a record of being an alcohol or drug abuser as
defined in this chapter;
(6) does not have documented evidence which would give rise to
a reasonable belief that the person has a propensity for violent or
emotionally unstable conduct;
(7) does not make a false statement of material fact on the
person's application;
(8) does not have a conviction for any crime involving an inability
to safely handle a handgun;
(9) does not have a conviction for violation of the provisions of
this article within five (5) years of the person's application;
(10) does not have an adjudication as a delinquent child for an act
that would be a felony if committed by an adult, if the person
applying for a license or permit under this chapter is less than
twenty-three (23) years of age;
(11) has not been involuntarily committed, other than a temporary
commitment for observation or evaluation, to a mental institution
by a court, board, commission, or other lawful authority;
(12) has not been the subject of a:
(A) ninety (90) day commitment as a result of proceeding
under IC 12-26-6; or
(B) regular commitment under IC 12-26-7; or
(13) has not been found by a court to be mentally incompetent,
including being found:
(A) not guilty by reason of insanity;
(B) guilty but mentally ill; or
(C) incompetent to stand trial.
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially similar
to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious
violent felony in:
(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2;
or
(B) any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially similar
to the elements of attempting to commit or conspiring to
commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle
(IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony
(IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony
(IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44-3-2.)
(IC 35-44.1-2-5);
(17) resisting law enforcement as a Class B felony or Class C
felony (IC 35-44-3-3); (IC 35-44.1-3-1);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(IC 35-44.1-3-4);
(19) trafficking with an inmate as a Class C felony
(IC 35-44-3-9); (IC 35-44.1-3-5);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony
(IC 35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1);
(24) dealing in methamphetamine (IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3);
or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or intentionally possesses
a firearm commits unlawful possession of a firearm by a serious violent
felon, a Class B felony.
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony under IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2).
(12) Robbery as a Class A felony or a Class B felony (IC 35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
(14) Operating a motor vehicle while intoxicated causing death (IC 9-30-5-5).
(15) Operating a motor vehicle while intoxicated causing serious bodily injury to another person (IC 9-30-5-4).
(16) Resisting law enforcement as a felony
(b) As used in this section, "episode of criminal conduct" means offenses or a connected series of offenses that are closely related in time, place, and circumstance.
(c) Except as provided in subsection (d) or (e), the court shall determine whether terms of imprisonment shall be served concurrently or consecutively. The court may consider the:
(1) aggravating circumstances in IC 35-38-1-7.1(a); and
(2) mitigating circumstances in IC 35-38-1-7.1(b);
in making a determination under this subsection. The court may order terms of imprisonment to be served consecutively even if the sentences are not imposed at the same time. However, except for crimes of violence, the total of the consecutive terms of imprisonment, exclusive of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10, to which the defendant is sentenced for felony convictions arising out of an episode of criminal conduct shall not exceed the advisory sentence for a felony which is one (1) class of felony higher than the most serious of the felonies for which the person has been convicted.
(d) If, after being arrested for one (1) crime, a person commits another crime:
(1) before the date the person is discharged from probation, parole, or a term of imprisonment imposed for the first crime; or
(2) while the person is released:
(A) upon the person's own recognizance; or
(B) on bond;
the terms of imprisonment for the crimes shall be served consecutively, regardless of the order in which the crimes are tried and sentences are imposed.
(e) If the factfinder determines under IC 35-50-2-11 that a person used a firearm in the commission of the offense for which the person was convicted, the term of imprisonment for the underlying offense and the additional term of imprisonment imposed under IC 35-50-2-11 must be served consecutively.
(b) Except as provided in subsection (i), with respect to the following crimes listed in this subsection, the court may suspend only that part of the sentence that is in excess of the minimum sentence, unless the court has approved placement of the offender in a forensic diversion program under IC 11-12-3.7:
(1) The crime committed was a Class A felony or Class B felony and the person has a prior unrelated felony conviction.
(2) The crime committed was a Class C felony and less than seven
(7) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class C felony for which the person is
being sentenced.
(3) The crime committed was a Class D felony and less than three
(3) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class D felony for which the person is
being sentenced. However, the court may suspend the minimum
sentence for the crime only if the court orders home detention
under IC 35-38-1-21 or IC 35-38-2.5-5 instead of the minimum
sentence specified for the crime under this chapter.
(4) The felony committed was:
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon or battery
causing death;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A
felony;
(H) except as provided in subsection (i), child molesting
(IC 35-42-4-3) as a Class A or Class B felony, unless:
(i) the felony committed was child molesting as a Class B
felony;
(ii) the victim was not less than twelve (12) years old at the
time the offense was committed;
(iii) the person is not more than four (4) years older than the
victim, or more than five (5) years older than the victim if
the relationship between the person and the victim was a
dating relationship or an ongoing personal relationship (not
including a family relationship);
(iv) the person did not have a position of authority or
substantial influence over the victim; and
(v) the person has not committed another sex offense (as
defined in IC 11-8-8-5.2) (including a delinquent act that
would be a sex offense if committed by an adult) against any
other person;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or
with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily
injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury
or with a deadly weapon;
(L) resisting law enforcement (IC 35-44-3-3) (IC 35-44.1-3-1)
with a deadly weapon;
(M) escape (IC 35-44-3-5) (IC 35-44.1-3-4) with a deadly
weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine or a narcotic drug (IC 35-48-4-1) if the
court finds the person possessed a firearm (as defined in
IC 35-47-1-5) at the time of the offense, or the person
delivered or intended to deliver to a person under eighteen
(18) years of age at least three (3) years junior to the person
and was on a school bus or within one thousand (1,000) feet
of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(P) dealing in methamphetamine (IC 35-48-4-1.1) if the court
finds the person possessed a firearm (as defined in
IC 35-47-1-5) at the time of the offense, or the person
delivered or intended to deliver the methamphetamine pure or
adulterated to a person under eighteen (18) years of age at
least three (3) years junior to the person and was on a school
bus or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(Q) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2) if the court finds the person possessed a firearm
(as defined in IC 35-47-1-5) at the time of the offense, or the
person delivered or intended to deliver to a person under
eighteen (18) years of age at least three (3) years junior to the
person and was on a school bus or within one thousand (1,000)
feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(R) an offense under IC 9-30-5 (operating a vehicle while intoxicated) and the person who committed the offense has accumulated at least two (2) prior unrelated convictions under IC 9-30-5;
(S) an offense under IC 9-30-5-5(b) (operating a vehicle while intoxicated causing death);
(T) aggravated battery (IC 35-42-2-1.5); or
(U) disarming a law enforcement officer
(c) Except as provided in subsection (e), whenever the court suspends a sentence for a felony, it shall place the person on probation under IC 35-38-2 for a fixed period to end not later than the date that the maximum sentence that may be imposed for the felony will expire.
(d) The minimum sentence for a person convicted of voluntary manslaughter may not be suspended unless the court finds at the sentencing hearing that the crime was not committed by means of a deadly weapon.
(e) Whenever the court suspends that part of the sentence of a sex or violent offender (as defined in IC 11-8-8-5) that is suspendible under subsection (b), the court shall place the sex or violent offender on probation under IC 35-38-2 for not more than ten (10) years.
(f) An additional term of imprisonment imposed under IC 35-50-2-11 may not be suspended.
(g) A term of imprisonment imposed under IC 35-47-10-6 or IC 35-47-10-7 may not be suspended if the commission of the offense was knowing or intentional.
(h) A term of imprisonment imposed for an offense under IC 35-48-4-6(b)(1)(B) or IC 35-48-4-6.1(b)(1)(B) may not be suspended.
(i) If a person is:
(1) convicted of child molesting (IC 35-42-4-3) as a Class A felony against a victim less than twelve (12) years of age; and
(2) at least twenty-one (21) years of age;
the court may suspend only that part of the sentence that is in excess of thirty (30) years.
(10) years.
(b) If any officer of a governmental entity is convicted of a
misdemeanor under IC 35-44-1, IC 35-44.1-1, the court may enter an
order removing the officer from office.
(c) This subsection applies whenever:
(1) the court enters an order under this section that applies to a
person who is an officer of a governmental entity (as defined in
IC 35-41-1-12); and
(2) a vacancy occurs in the office held by the person as the result
of the court's order.
The court must file a certified copy of the order with the person who is
entitled under IC 5-8-6 to receive notice of the death of an individual
holding the office. The person receiving the copy of the order must give
notice of the order in the same manner as if the person had received a
notice of the death of the officeholder under IC 5-8-6. The person
required or permitted to fill the vacancy that results from a removal
under this section must comply with IC 3-13 or IC 20, whichever
applies, to fill the vacancy.
IC 4-1-10-8 (Concerning state agencies).
IC 4-1-10-9 (Concerning state agencies).
IC 4-2-7-8 (Concerning the inspector general).
IC 4-4-27-8 (Concerning the inspection of grain).
IC 4-13.6-4-14 (Concerning state public works).
IC 4-15-2-42 (Concerning state merit employment).
IC 4-21.5-3-36 (Concerning administrative proceedings).
IC 4-21.5-3-37 (Concerning administrative proceedings).
IC 4-30-3-19 (Concerning the lottery).
IC 4-30-3-19.5 (Concerning the lottery).
IC 4-30-3-19.7 (Concerning the lottery).
IC 4-30-12-5 (Concerning the lottery).
IC 4-30-13-1 (Concerning the lottery).
IC 4-30-14-1 (Concerning the lottery).
IC 4-30-14-2 (Concerning the lottery).
IC 4-30-14-3 (Concerning the lottery).
IC 4-30-14-4 (Concerning the lottery).
IC 4-30-14-5 (Concerning
IC 4-30-14-6 (Concerning the lottery).
IC 4-31-13-3 (Concerning horse racing).
IC 4-31-13-3.5 (Concerning horse racing).
IC 4-31-13-9 (Concerning
IC 4-32.2-8-4 (Concerning charity gaming).
IC 4-33-10-1 (Concerning riverboat gambling).
IC 4-33-10-2 (Concerning riverboat gambling).
IC 4-33-10-2.1 (Concerning riverboat gambling).
IC 4-33-10-2.5 (Concerning riverboat gambling).
IC 4-33-22-14 (Concerning boxing and mixed martial arts).
IC 4-33-22-40 (Concerning boxing and mixed martial arts).
IC 4-35-9-2 (Concerning gambling games at racetracks).
IC 4-35-9-3 (Concerning gambling games at racetracks).
IC 4-35-9-4 (Concerning gambling games at racetracks).
IC 4-35-9-5 (Concerning gambling games at racetracks).
IC 4-36-6-5 (Concerning gambling in certain establishments).
IC 5-1-4-22 (Concerning hospital bonding authorities).
IC 5-2-2-11 (Concerning the law enforcement academy building commission).
IC 5-2-4-7 (Concerning criminal intelligence information).
IC 5-10.4-3-16 (Concerning the Indiana state teacher's retirement fund).
IC 5-11-1-18 (Concerning state board of accounts).
IC 5-15-6-8 (Concerning local public records commissions).
IC 5-16-7-3 (Concerning wage scale of contractor's and subcontractors employees).
IC 5-16-9-5 (Concerning parking for persons with physical disabilities).
IC 5-28-15-7 (Concerning enterprise zones).
IC 5-28-15-8 (Concerning enterprise zones).
(b) This section applies to an employee of a political subdivision who:
(1) is a volunteer firefighter or volunteer member; and
(2) has notified the employee's employer in writing that the employee is a volunteer firefighter or volunteer member.
(c) The political subdivision employer may not discipline an employee:
(1) for being absent from employment by reason of responding to a fire or emergency call that was received before the time that the employee was to report to employment;
(2) for leaving the employee's duty station to respond to a fire or an emergency call if the employee has secured authorization from the employee's supervisor to leave the duty station in response to a fire or an emergency call received after the employee has reported to work; or
(3) for:
(A) an injury; or
(B) an absence from work because of an injury;
that occurs while the employee is engaged in emergency firefighting or other emergency response.
However, for each instance of emergency firefighting activity or other emergency response that results in an injury to an employee, subdivision (3) applies only to the period of the employee's absence from work that does not exceed six (6) months from the date of the injury.
(d) The political subdivision employer may require an employee who has been absent from employment as set forth in subsection (c) to present a written statement from the fire chief or other officer in charge of the volunteer fire department, or officer in charge of the volunteer emergency medical services association, at the time of the absence or injury indicating that the employee was engaged in emergency firefighting or emergency activity at the time of the absence or injury.
(e) The political subdivision employer may require an employee who is injured or absent from work as described in subsection (c)(3) to provide evidence from a physician or other medical authority showing:
(1) treatment for the injury at the time of the absence; and
(2) a connection between the injury and the employee's emergency firefighting or other emergency response activities.
(f) To the extent required by federal or state law, information obtained under subsection (e) by a political subdivision employer must be:
(1) retained in a separate medical file created for the employee; and
(2) treated as a confidential medical record.
(g) An employee who is disciplined by the employer in violation of subsection (c) may bring a civil action against the employer in the county of employment. In the action, the employee may seek the following:
(1) Payment of back wages.
(2) Reinstatement to the employee's former position.
(3) Fringe benefits wrongly denied or withdrawn.
(4) Seniority rights wrongly denied or withdrawn.
An action brought under this subsection must be filed within one (1) year after the date of the disciplinary action.
(h) A public servant who permits or authorizes an employee of a political subdivision under the supervision of the public servant to be absent from employment as set forth in subsection (c) is not considered to have committed a violation of
