HOUSE BILL No. 1201
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-8-1-5; IC 35-50-5-1.1.
Synopsis: Disqualification for elected office. Limits the period during
which a person is disqualified from holding or being a candidate for an
elected office to five years after: (1) the completion of the sentence for;
and (2) fulfillment of all judgments and orders resulting from; a felony
plea or conviction, except for a felony that is an offense against the
person under IC 35-42. Requires a felony conviction for certain
offenses concerning public administration before a court may: (1)
prohibit a person from holding a public office for a period not to
exceed ten years; or (2) remove an officer of a governmental entity
Effective: July 1, 2005.
January 6, 2005, read first time and referred to Committee on Elections and
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,
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between statutes enacted by the 2004 Regular Session of the General Assembly.
HOUSE BILL No. 1201
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-8-1-5; (05)IN1201.1.1. -->
SECTION 1. IC 3-8-1-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 5. (a) This section does not apply
to a candidate for federal office.
(b) Except as provided in subsection (c), a person is disqualified
from holding or being a candidate for an elected office if the person:
(1) gave or offered a bribe, threat, or reward to procure the
person's election, as provided in Article 2, Section 6 of the
Constitution of the State of Indiana;
(2) does not comply with IC 5-8-3 because of a conviction for a
violation of the federal laws listed in that statute;
(A) entered a plea of guilty or nolo contendere to; or
(B) been convicted of;
a felony (as defined in IC 35-50-2-1);
(4) has been removed from the office the candidate seeks under
Article 7, Section 11 or Article 7, Section 13 of the Constitution
of the State of Indiana;
(5) is a member of the United States armed forces on active duty
and prohibited by the United States Department of Defense from
being a candidate; or
(6) is subject to:
(A) 5 U.S.C. 1502 (the Little Hatch Act); or
(B) 5 U.S.C. 7321-7326 (the Hatch Act);
and would violate either federal statute by becoming or remaining
the candidate of a political party for nomination or election to an
elected office or a political party office.
(c) This subsection does not apply to a person who entered a
plea to or was convicted of a felony described in IC 35-42. For
elections held after December 31, 2007, a person's disqualification
under subsection (b)(3) expires on the date five (5) years after the
date the person:
(1) completes any sentence; and
(2) fulfills all judgments and orders;
that result from a plea or conviction described in subsection (b)(3).
SOURCE: IC 35-50-5-1.1; (05)IN1201.1.2. -->
SECTION 2. IC 35-50-5-1.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.1. (a) Whenever a
person is convicted of a
under IC 35-44-1, the
court may include in the sentence an order rendering the person
incapable of holding a public office of trust or profit for a fixed period
of not more than ten (10) years.
(b) If any officer of a governmental entity is convicted of a
under IC 35-44-1, the court may enter an order
removing the officer from office.