HB 1242-8_ Filed 02/23/2009, 08:19 Fry


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1242 be amended to read as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning personal communications devices.

SOURCE: Page 1, line 1; (09)MO124214.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 3-14-1-17; (09)MO124214.1. -->     "SECTION 1. IC 3-14-1-17 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 17. (a) As used in this section, "communication device" refers to either of the following:
        (1) A telephone.
        (2) A personal communication device (as defined in IC 9-21-22-1).
    (b) As used in this section, "negative communication" refers to a communication made through a communication device that:
        (1) concerns the personal or political character or acts of a candidate for nomination or election to a public office;
        (2) is designed or tends to injure or defeat the candidate; and
        (3) contains information or a statement that is false.
    (c) A candidate or a committee that intentionally does any of the following commits a Class A misdemeanor:
        (1) Participates in the preparation of the text of a negative communication.
        (2) Pays for the preparation or transmission of a negative communication.
        (3) Uses a communication device to transmit a negative communication.
    (d) A person violates subsection (c) if the person:
        (1) knows that the communication contained information or a statement that was false; or
        (2) takes the action described in subsection (c) with reckless disregard as to whether the communication contained information or a statement that was false.

     (e) Except as provided in subsection (g), if:
        (1) a candidate for nomination or election to a public office is convicted of a violation of subsection (c); or
        (2) another person is found to have violated subsection (c) with the knowledge, consent, or connivance of a candidate for nomination or election to a public office;
the court shall enter an order declaring that the candidate (if nominated or elected) has forfeited the nomination or office and that the nomination or office is vacant.

    (f) An order entered under subsection (e) shall be filed with the person or entity that has the power to fill the vacancy or to call a caucus for the purpose of filling the vacancy. The vacancy shall be filled under IC 3-13. However:
        (1) the candidate whose nomination or election has been set aside for a violation of subsection (c); or
        (2) another person convicted of a violation of subsection (c);
may not be selected or elected to fill the vacancy, regardless of any law to the contrary.
    (g) If, during the trial for a violation of subsection (c), the court finds that:
        (1) although committed by the candidate or with the candidate's knowledge, consent, or connivance, the offense:
            (A) was trivial; or
            (B) occurred because of accidental miscalculation or another reasonable cause and not because of lack of good faith; and
        (2) it would be unjust for the candidate to forfeit the candidate's nomination or election under subsection (e);
the candidate does not forfeit the nomination or election.

    (h) The court findings described in subsection (g) are not a defense in a criminal trial for a violation of subsection (c).
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1242 as printed February 13, 2009.)

________________________________________

Representative Fry


MO124214/DI 75     2009