February 20, 2004





ENGROSSED

HOUSE BILL No. 1044

_____


DIGEST OF HB 1044 (Updated February 19, 2004 9:40 am - DI 106)



Citations Affected: IC 35-44.

Synopsis: Trafficking tobacco products with an inmate. Imposes a mandatory five thousand dollar ($5,000) fine for trafficking with an inmate by an employee of the department of correction or a penal facility and the trafficked item is a tobacco product. (The introduced version of this bill was prepared by the interim study committee on juvenile law and corrections issues.)

Effective: July 1, 2004.





Smith V, Mays, Lawson L, Ulmer
(SENATE SPONSOR _ LONG)




    January 13, 2004, read first time and referred to Committee on Courts and Criminal Code.
    January 22, 2004, reported _ Do Pass.
    January 29, 2004, read second time, ordered engrossed. Engrossed.
    February 2, 2004, read third time, failed. Yeas 40, nays 50.
    February 4, 2004, reread third time, recommitted to Committee of One, amended; passed. Yeas 72, nays 21.
    February 5, 2004, engrossed.

SENATE ACTION

    February 9, 2004, read first time and referred to Committee on Criminal, Civil and Public Policy.
    February 19, 2004, amended, reported favorably _ Do Pass.






February 20, 2004

Second Regular Session 113th General Assembly (2004)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2003 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1044



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-44-3-9; (04)EH1044.1.1. -->     SECTION 1. IC 35-44-3-9, AS AMENDED BY P.L.243-1999, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 9. (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; or
        (3) delivers, or carries to a work site worksite with the intent to deliver, alcoholic beverages to an inmate or child of a jail work crew or community work crew;
commits trafficking with an inmate, a Class A misdemeanor. However, the offense is a Class C felony if the article is a controlled substance or a deadly weapon.
     (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; or
        (2) a deadly weapon.