Introduced Version






HOUSE BILL No. 1207

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-43-6.

Synopsis: Home improvement fraud. Expands the circumstances in which a home improvement supplier commits home improvement fraud. Makes home improvement fraud a Class D felony or Class C felony in certain cases if: (1) the consumer is at least 60 years of age and the contracted amount exceeds a certain limit; or (2) the home improvement supplier violates two or more provisions of the law.

Effective: July 1, 2006.





Pond




    January 9, 2006, read first time and referred to Committee on Courts and Criminal Code.







Introduced

Second Regular Session 114th General Assembly (2006)


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. 1207



    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 35-43-6-12; (06)IN1207.1.1. -->     SECTION 1. IC 35-43-6-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) A home improvement supplier who enters into a home improvement contract and knowingly:
        (1) misrepresents a material fact relating to:
             (A) the terms of the home improvement contract; or
             (B) the a preexisting or existing condition of any part of the property involved, including a misrepresentation concerning the threat of:
                (i) fire; or
                (ii) structural damage;
            if the property is not repaired;

        (2) creates or confirms a consumer's impression that is false and that the home improvement supplier does not believe to be true;
        (3) promises performance that the home improvement supplier does not intend to perform or knows will not be performed;
        (4) uses or employs any deception, false pretense, or false promise

to cause a consumer to enter into a home improvement contract;
        (5) enters into an unconscionable home improvement contract with a home improvement contract price of four thousand dollars ($4,000) or more; or
        (6) fails to comply with the provisions of IC 23-15-1 relating to the use of an assumed name in the conduct or transaction of business in Indiana and misrepresents or conceals either the home improvement supplier's:
             (A) real name;
             (B) business name; or
             (C) physical or mailing business address; or
            (D) telephone number;
        (7) fails to notify a consumer of a change in the home improvement supplier's:
            (A) physical or mailing business address; or
            (B) telephone number;
        if the home improvement supplier has an outstanding written warranty or guarantee of a home improvement with the consumer;
        (8) fails to provide a consumer a written copy of a warranty or guarantee that states:
            (A) the length of the warranty or guarantee;
            (B) the home improvement that is covered by the warranty or guarantee; or
            (C) how the consumer could make a claim for a repair under the warranty or guarantee;
        (9) uses a product in a home improvement that has been diluted, modified, or altered in a manner that would void the manufacturer's warranty of the product without disclosing to the consumer the reasons for the dilution, modification, or alteration and that the manufacturer's warranty may be compromised; or

         (10) falsely claims to a consumer that the home improvement supplier:
            (A) was referred to the consumer by a contractor who previously worked for the consumer;
            (B) is licensed, certified, or insured;
or
             (C) has obtained all necessary permits or licenses before starting a home improvement;
commits home improvement fraud, a Class B misdemeanor, except as provided in section 13(a) section 13 of this chapter.
    (b) A home improvement supplier who, with the intent to enter into

a home improvement contract, knowingly:
        (1) damages the property of a consumer;
        (2) does work on the property of a consumer without the consumer's prior authorization;
        (3) misrepresents that the supplier or another person is an employee or agent of the federal government, the state, a political subdivision of the state, or any other governmental agency or entity; or
        (4) misrepresents that the supplier or another person is an employee or agent of any public or private utility;
commits a Class A misdemeanor, except as provided in section 13(b) of this chapter.

SOURCE: IC 35-43-6-13; (06)IN1207.1.2. -->     SECTION 2. IC 35-43-6-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) The offense in section 12(a) of this chapter is a Class A misdemeanor:
        (1) when the home improvement contract price is one thousand dollars ($1,000) or more;
        (2) for the second or subsequent offense;
        (3) if two (2) or more home improvement contracts exceed an aggregate amount of one thousand dollars ($1,000) and are entered into with the same consumer by one (1) or more suppliers as part of or in furtherance of a common fraudulent scheme, design, or intention;
        (4) if, in a violation of section 12(a)(5) of this chapter, the home improvement contract price is ten thousand dollars ($10,000) or less; or
        (5) if, in a violation of section 12(a)(6) of this chapter, the home improvement contract price is more than one thousand dollars ($1,000). or
        (6) if, in a violation of section 12(a)(1) through 12(a)(4) of this chapter, the consumer is at least sixty (60) years of age and the home improvement contract price is ten thousand dollars ($10,000) or less.
    (b) The offense in section 12 of this chapter is a Class D felony:
        (1) if, in a violation of section 12(a)(5) of this chapter, the home improvement contract price is more than ten thousand dollars ($10,000);
        (2) if, in a second or subsequent violation of section 12(a)(1) through section 12(a)(4) of this chapter, the consumer is at least sixty (60) years of age and the home improvement contract price is one thousand dollars ($1,000) or less;
        (3) (2) if, in a violation of:
             (A) section 12(a)(1) through 12(a)(5); or
            (B) section 12(a)(7) through 12(a)(10);
        
of this chapter, the consumer is at least sixty (60) years of age and the home improvement contract price is ten thousand dollars ($10,000) or less; and
        (4) (3) if, in a violation of section 12(b) of this chapter, the consumer is at least sixty (60) years of age; or
        (4) if the home improvement supplier violates more than one (1) subdivision of section 12(a) of this chapter.

    (c) The offense in section 12(a) of this chapter is a Class C felony:
        (1) if, in a violation of:
             (A) section 12(a)(1) through section 12(a)(4) 12(a)(5); or
            (B) section 12(a)(7) through 12(a)(10);
        
of this chapter, the consumer is at least sixty (60) years of age and the home improvement contract price is more than ten thousand dollars ($10,000); or
        (2) if, in a violation of:
             (A) section 12(a)(1) through section 12(a)(4); or
            (B) section 12(a)(7) through 12(a)(10);
        
of this chapter, the consumer is at least sixty (60) years of age, and two (2) or more home improvement contracts exceed an aggregate amount of one thousand dollars ($1,000) and are entered into with the same consumer by one (1) or more suppliers as part of or in furtherance of a common fraudulent scheme, design, or intention. and
        (3) if, in a violation of section 12(a)(5) of this chapter, the consumer is at least sixty (60) years of age and the home improvement contract price is more than ten thousand dollars ($10,000).