January 4, 2005, read first time and referred to Committee on Courts and Criminal Code.
January 13, 2005, amended, reported _ Do Pass; referred to Committee on Ways and
Means pursuant to Rule 127.
January 24, 2005, referral to Committee on Ways and Means withdrawn.
January 27, 2005, read second time, ordered engrossed. Engrossed.
January 31, 2005, read third time, passed. Yeas 97, nays 0.
SENATE ACTION
February 14, 2005, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
March 17, 2005, amended, reported favorably _ Do Pass.
March 21, 2005, read second time, amended, ordered engrossed.
Reprinted
March 22, 2005
First Regular Session 114th General Assembly (2005)
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 2004 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1039
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 35-43-5-1; (05)EH1039.2.1. -->
SECTION 1. IC 35-43-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) The definitions
set forth in this section apply throughout this chapter.
(b) "Claim statement" means an insurance policy, a document, or a
statement made in support of or in opposition to a claim for payment
or other benefit under an insurance policy, or other evidence of
expense, injury, or loss. The term includes statements made orally, in
writing, or as a computer generated document, including the following:
(1) An account.
(2) A bill for services.
(3) A bill of lading.
(4) A claim.
(5) A diagnosis.
(6) An estimate of property damages.
(7) A hospital record.
(8) An invoice.
(9) A notice.
(10) A proof of loss.
(11) A receipt for payment.
(12) A physician's records.
(13) A prescription.
(14) A statement.
(15) A test result.
(16) X-rays.
(c) "Coin machine" means a coin box, vending machine, or other
mechanical or electronic device or receptacle designed:
(1) to receive a coin, bill, or token made for that purpose; and
(2) in return for the insertion or deposit of a coin, bill, or token
automatically:
(A) to offer, provide, or assist in providing; or
(B) to permit the acquisition of;
some property.
(d) "Credit card" means an instrument or device (whether known as
a credit card or charge plate, or by any other name) issued by an issuer
for use by or on behalf of the credit card holder in obtaining property.
(e) "Credit card holder" means the person to whom or for whose
benefit the credit card is issued by an issuer.
(f) "Customer" means a person who receives or has contracted for
a utility service.
(g) "Drug or alcohol screening test" means a test that:
(1) is used to determine the presence or use of alcohol, a
controlled substance, or a drug in a person's bodily substance;
and
(2) is administered in the course of monitoring a person who
is:
(A) incarcerated in a prison or jail;
(B) placed in a community corrections program;
(C) on probation or parole;
(D) participating in a court ordered alcohol or drug
treatment program; or
(E) on court ordered pretrial release.
(g) (h) "Entrusted" means held in a fiduciary capacity or placed in
charge of a person engaged in the business of transporting, storing,
lending on, or otherwise holding property of others.
(h) (i) "Identifying information" means information that identifies
an individual, including an individual's:
(1) name, address, date of birth, place of employment, employer
identification number, mother's maiden name, Social Security
number, or any identification number issued by a governmental
entity;
(2) unique biometric data, including the individual's fingerprint,
voice print, or retina or iris image;
(3) unique electronic identification number, address, or routing
code;
(4) telecommunication identifying information; or
(5) telecommunication access device, including a card, a plate, a
code, a telephone number, an account number, a personal
identification number, an electronic serial number, a mobile
identification number, or another telecommunications service or
device or means of account access that may be used to:
(A) obtain money, goods, services, or any other thing of value;
or
(B) initiate a transfer of funds.
(i) (j) "Insurance policy" includes the following:
(1) An insurance policy.
(2) A contract with a health maintenance organization (as defined
in IC 27-13-1-19).
(3) A written agreement entered into under IC 27-1-25.
(j) (k) "Insurer" has the meaning set forth in IC 27-1-2-3(x).
(k) (l) "Manufacturer" means a person who manufactures a
recording. The term does not include a person who manufactures a
medium upon which sounds or visual images can be recorded or stored.
(l) (m) "Make" means to draw, prepare, complete, counterfeit, copy
or otherwise reproduce, or alter any written instrument in whole or in
part.
(m) (n) "Metering device" means a mechanism or system used by a
utility to measure or record the quantity of services received by a
customer.
(n) (o) "Public relief or assistance" means any payment made,
service rendered, hospitalization provided, or other benefit extended to
a person by a governmental entity from public funds and includes poor
relief, township assistance, food stamps, direct relief, unemployment
compensation, and any other form of support or aid.
(o) (p) "Recording" means a tangible medium upon which sounds
or visual images are recorded or stored. The term includes the
following:
(1) An original:
(A) phonograph record;
(B) compact disc;
(C) wire;
(D) tape;
(E) audio cassette;
(F) video cassette; or
(G) film.
(2) Any other medium on which sounds or visual images are or
can be recorded or otherwise stored.
(3) A copy or reproduction of an item in subdivision (1) or (2)
that duplicates an original recording in whole or in part.
(p) (q) "Slug" means an article or object that is capable of being
deposited in a coin machine as an improper substitute for a genuine
coin, bill, or token.
(q) (r) "Utility" means a person who owns or operates, for public
use, any plant, equipment, property, franchise, or license for the
production, storage, transmission, sale, or delivery of electricity, water,
steam, telecommunications, information, or gas.
(r) (s) "Written instrument" means a paper, a document, or other
instrument containing written matter and includes money, coins,
tokens, stamps, seals, credit cards, badges, trademarks, medals, retail
sales receipts, labels or markings (including a universal product code
(UPC) or another product identification code), or other objects or
symbols of value, right, privilege, or identification.
SOURCE: IC 35-43-5-18; (05)EH1039.2.2. -->
SECTION 2. IC 35-43-5-18 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 18. A person who knowingly or intentionally
possesses a:
(1) device; or
(2) substance;
designed or intended to be used to interfere with a drug or alcohol
screening test commits possession of a device or substance used to
interfere with a drug or alcohol screening test, a Class B
misdemeanor.