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,
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HOUSE ENROLLED ACT No. 1044
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)HE1044.1.1. -->
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.