HB 1051-1_ Filed 01/30/2002, 17:15

Text Box

Adopted Rejected








    Your Committee on       Courts and Criminal Code     , to which was referred       House Bill 1051     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 6; (02)CR105101.1. -->     Page 1, line 6, delete "Class C" and insert " Class D".
    Page 1, line 7, delete "Class B" and insert " Class C".
    Page 2, after line 28, begin a new paragraph and insert:
SOURCE: IC 35-45-6-1; (02)CR105101.3. -->     "SECTION 3. IC 35-45-6-1 , AS AMENDED BY P.L.17-2001, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. As used in this chapter:
    "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.
    "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.
    "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.
    "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 23-2-1 , or of a rule or order issued under IC 23-2-1.
        (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) Child exploitation (IC 35-42-4-4).
        (9) Robbery (IC 35-42-5-1).
        (10) Carjacking (IC 35-42-5-2).
        (11) Arson (IC 35-43-1-1).
        (12) Burglary (IC 35-43-2-1).
        (13) Theft (IC 35-43-4-2).
        (14) Receiving stolen property (IC 35-43-4-2).
        (15) Forgery (IC 35-43-5-2).
        (16) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(9)). IC 35-43-5-4 (10)).
        (17) Bribery (IC 35-44-1-1).
        (18) Official misconduct (IC 35-44-1-2).
        (19) Conflict of interest (IC 35-44-1-3).
        (20) Perjury (IC 35-44-2-1).
        (21) Obstruction of justice (IC 35-44-3-4).
        (22) Intimidation (IC 35-45-2-1).
        (23) Promoting prostitution (IC 35-45-4-4).
        (24) Promoting professional gambling (IC 35-45-5-4).
        (25) Dealing in or manufacturing cocaine, a narcotic drug, or methamphetamine (IC 35-48-4-1).
        (26) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).

        (27) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
        (28) Dealing in a schedule V controlled substance (IC 35-48-4-4).
        (29) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
        (30) Money laundering (IC 35-45-15-5).".

    (Reference is to HB 1051 as introduced.)

and when so amended that said bill do pass.


Representative Dvorak

CR105101/DI 106    2002