Introduced Version






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 from office.

Effective: July 1, 2005.





Smith V




    January 6, 2005, read first time and referred to Committee on Elections and Apportionment.







Introduced

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.
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HOUSE BILL No. 1201



    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

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;
        (3) has:
            (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 misdemeanor felony 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 misdemeanor felony under IC 35-44-1, the court may enter an order removing the officer from office.