Introduced Version






HOUSE BILL No. 1073

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 29-1-2-1; IC 30-2; IC 34-24-1-1; IC 35-41-4-2; IC 35-45-6-1.

Synopsis: Funeral and cemetery matters. Requires a trustee of a funeral trust or an escrow agent to provide an annual accounting to the settlor or the purchaser of the preneed contract. Provides that a person who knowingly or intentionally uses or disburses funds in certain trust or escrow accounts for purposes other than the accounts' lawful purposes commits a Class C felony. Provides that the violation, a similar violation involving cemetery perpetual care funds, and violations of similar provisions in the funeral trust laws are acts of racketeering activity. Provides that property involved with the violations may be seized under the civil forfeiture law. Specifies that the statute of limitations period for the criminal offenses of misusing funeral trust or preneed escrow accounts is five years after the date of the death of the settlor or purchaser. Specifies that the statute of limitations period for the criminal offense of misusing a cemetery perpetual care fund is five years after the earlier of: (1) the date the state discovers evidence of the offense; or (2) the date the state could have discovered evidence of the offense through due diligence. Makes a technical correction.

Effective: Upon passage; July 1, 2009.





Cheatham




    January 7, 2009, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 116th General Assembly (2009)


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 2008 Regular Session of the General Assembly.

HOUSE BILL No. 1073



    A BILL FOR AN ACT to amend the Indiana Code concerning trusts and fiduciaries.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 29-1-2-1; (09)IN1073.1.1. -->     SECTION 1. IC 29-1-2-1, AS AMENDED BY P.L.101-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The estate of a person dying intestate shall descend and be distributed as provided in this section.
    (b) Except as otherwise provided in subsection (c), the surviving spouse shall receive the following share:
        (1) One-half (1/2) of the net estate if the intestate is survived by at least one (1) child or by the issue of at least one (1) deceased child.
        (2) Three-fourths (3/4) of the net estate, if there is no surviving issue, but the intestate is survived by one (1) or both of the intestate's parents.
        (3) All of the net estate, if there is no surviving issue or parent.
    (c) If the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent, and the decedent left surviving the decedent a child or children or the descendants of a child or children by a previous spouse, the surviving

second or subsequent childless spouse shall take only an amount equal to twenty-five percent (25%) of the remainder of:
        (1) the fair market value as of the date of death of the real property of the deceased spouse; minus
        (2) the value of the liens and encumbrances on the real property of the deceased spouse.
The fee shall, at the decedent's death, vest at once in the decedent's surviving child or children, or the descendants of the decedent's child or children who may be dead. A second or subsequent childless spouse described in this subsection shall, however, receive the same share of the personal property of the decedent as is provided in subsection (b) with respect to surviving spouses generally.
    (d) The share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, shall descend and be distributed as follows:
        (1) To the issue of the intestate, if they are all of the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degrees shall take by representation.
        (2) Except as provided in subsection (e), if there is a surviving spouse but no surviving issue of the intestate, then to the surviving parents of the intestate.
        (3) Except as provided in subsection (e), if there is no surviving spouse or issue of the intestate, then to the surviving parents, brothers, and sisters, and the issue of deceased brothers and sisters of the intestate. Each living parent of the intestate shall be treated as of the same degree as a brother or sister and shall be entitled to the same share as a brother or sister. However, the share of each parent shall be not less than one-fourth (1/4) of the decedent's net estate. Issue of deceased brothers and sisters shall take by representation.
        (4) If there is no surviving parent or brother or sister of the intestate, then to the issue of brothers and sisters. If the distributees described in this subdivision are all in the same degree of kinship to the intestate, they shall take equally or, if of unequal degree, then those of more remote degrees shall take by representation.
        (5) If there is no surviving issue or parent of the intestate or issue of a parent, then to the surviving grandparents of the intestate equally.
        (6) If there is no surviving issue or parent or issue of a parent, or grandparent of the intestate, then the estate of the decedent shall

be divided into that number of shares equal to the sum of:
            (A) the number of brothers and sisters of the decedent's parents surviving the decedent; plus
            (B) the number of deceased brothers and sisters of the decedent's parents leaving issue surviving both them and the decedent;
        and one (1) of the shares shall pass to each of the brothers and sisters of the decedent's parents or their respective issue per stirpes.
        (7) If interests in real estate go to a husband and wife under this subsection, the aggregate interests so descending shall be owned by them as tenants by the entireties. Interests in personal property so descending shall be owned as tenants in common.
        (8) If there is no person mentioned in subdivisions (1) through (7), then to the state.
    (e) A parent may not receive an intestate share of the estate of the parent's minor or adult child if (1) the parent was convicted of causing the death of the child's other parent by:
        (A) (1) murder (IC 35-42-1-1);
        (B) (2) voluntary manslaughter (IC 35-42-1-3);
        (C) (3) another criminal act, if the death does not result from the operation of a vehicle; or
        (D) (4) a crime in any other jurisdiction in which the elements of the crime are substantially similar to the elements of a crime listed in clauses (A) subdivisions (1) through (C); and (3).
        (2) the victim of the crime is the other parent of the child.
If a parent is disqualified from receiving an intestate share under this subsection, the estate of the deceased child shall be distributed as though the parent had predeceased the child.

SOURCE: IC 30-2-9-9; (09)IN1073.1.2. -->     SECTION 2. IC 30-2-9-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. A permittee or financial institution holding a trust fund established under this chapter shall provide an annual accounting to the settlor.
SOURCE: IC 30-2-10-8; (09)IN1073.1.3. -->     SECTION 3. IC 30-2-10-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) Indiana financial institutions in which trust funds have been deposited in accordance with this chapter may place the funds in a common or commingled trust fund under a single trust instrument. The trustee shall maintain a separate accounting record for each trust fund. The trustee shall provide an annual accounting of the trust fund to the settlor.
    (b) All interest earned by funds deposited in accordance with this

chapter accrue to the trust.
    (c) The trustee shall disburse the funds deposited in accordance with this chapter to the named beneficiary to discharge an obligation arising from any contract described in section 5 of this chapter, upon receipt of evidence satisfactory to the trustee that the contract has been performed.
    (d) A funeral home, licensed under IC 25-15 that is named as beneficiary of funeral trust funds under this chapter shall annually report the following to the state board of funeral service:
        (1) The funeral home's name, Indiana license number, and officers.
        (2) The name and address of any trustee with which funeral trust funds are deposited for the funeral home.
    (e) No bonds or permits are required from funeral homes that enter into contracts described in section 5 of this chapter.

SOURCE: IC 30-2-13-19; (09)IN1073.1.4. -->     SECTION 4. IC 30-2-13-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 19. (a) A trustee may place trust money in a common or commingled trust fund under a single trust instrument.
    (b) A trustee shall maintain a separate accounting record for:
         (1) each seller who deposits funds in a trust; and
        (2) each purchaser of a contract for which payment is deposited into a trust.

    (c) Except for trusts established under IC 30-2-10, records maintained under this section do not need to be segregated on a purchaser by purchaser basis.
     (c) An escrow agent acting as a fiduciary shall maintain a separate accounting record for each purchaser of a contract for which payment is deposited into an escrow account maintained under this chapter.
    (d) A trustee or an escrow agent acting as a fiduciary shall provide each purchaser an annual accounting of the amounts deposited into a trust or escrow account to fund the contract entered into by the purchaser under this chapter.

SOURCE: IC 30-2-13-38; (09)IN1073.1.5. -->     SECTION 5. IC 30-2-13-38, AS AMENDED BY P.L.61-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 38. (a) A seller who violates a provision of this chapter commits an uncured deceptive act (as defined in IC 24-5-0.5-2).
    (b) A person doing business as a sole proprietor, a firm, a limited liability company, a corporation, an association, or a partnership, but not acting as a seller that:
        (1) sells or advertises prepaid services or merchandise or services or merchandise (as defined in section 8 of this chapter) and fails to obtain the certificate of authority required by section 33 of this chapter; or
        (2) sells or advertises prepaid services or merchandise or services or merchandise (as defined in section 8 of this chapter) after the entity's certificate of authority has:
            (A) expired; or
            (B) been rescinded, revoked, or suspended by the board;
commits a Class A misdemeanor. Each act committed in violation of this subsection constitutes a separate offense.
    (c) The following may maintain an action to enjoin an individual or entity from continuing to violate this section:
        (1) The board.
        (2) The attorney general.
        (3) The prosecuting attorney of a county in which a violation occurs.
    (d) A purchaser has a private right of action against a seller who commits an uncured deceptive act.
    (e) A trustee or escrow agent, acting as a fiduciary, that disburses funds in a trust or escrow account established under this chapter without verifying that the seller has delivered the services or merchandise for which the funds were deposited through the use of documentation required under rules adopted by the state board of funeral and cemetery service established by IC 25-15-9-1 commits a Class A infraction.
     (f) A person who knowingly or intentionally uses or disburses funds in a trust or escrow account established under this chapter for purposes other than the purposes required under this chapter commits a Class C felony.
SOURCE: IC 34-24-1-1; (09)IN1073.1.6. -->     SECTION 6. IC 34-24-1-1, AS AMENDED BY P.L.114-2008, SECTION 27, AND AS AMENDED BY P.L.119-2008, SECTION 13, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The following may be seized:
        (1) All vehicles (as defined by IC 35-41-1), if they are used or are intended for use by the person or persons in possession of them to transport or in any manner to facilitate the transportation of the following:
            (A) A controlled substance for the purpose of committing, attempting to commit, or conspiring to commit any of the following:
                (i) Dealing in or manufacturing cocaine or a narcotic drug

(IC 35-48-4-1).
                (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
                (iii) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
                (iv) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
                (v) Dealing in a schedule V controlled substance (IC 35-48-4-4).
                (vi) Dealing in a counterfeit substance (IC 35-48-4-5).
                (vii) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
                (viii) Possession of methamphetamine (IC 35-48-4-6.1).
                (ix) Dealing in paraphernalia (IC 35-48-4-8.5).
                (x) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
            (B) Any stolen (IC 35-43-4-2) or converted property (IC 35-43-4-3) if the retail or repurchase value of that property is one hundred dollars ($100) or more.
            (C) Any hazardous waste in violation of IC 13-30-10-4. IC 13-30-10-1.5.
            (D) A bomb (as defined in IC 35-41-1-4.3) or weapon of mass destruction (as defined in IC 35-41-1-29.4) used to commit, used in an attempt to commit, or used in a conspiracy to commit an offense under IC 35-47 as part of or in furtherance of an act of terrorism (as defined by IC 35-41-1-26.5).
        (2) All money, negotiable instruments, securities, weapons, communications devices, or any property used to commit, used in an attempt to commit, or used in a conspiracy to commit an offense under IC 35-47 as part of or in furtherance of an act of terrorism or commonly used as consideration for a violation of IC 35-48-4 (other than items subject to forfeiture under IC 16-42-20-5 or IC 16-6-8.5-5.1 before its repeal):
            (A) furnished or intended to be furnished by any person in exchange for an act that is in violation of a criminal statute;
            (B) used to facilitate any violation of a criminal statute; or
            (C) traceable as proceeds of the violation of a criminal statute.
        (3) Any portion of real or personal property purchased with money that is traceable as a proceed of a violation of a criminal statute.
        (4) A vehicle that is used by a person to:
            (A) commit, attempt to commit, or conspire to commit;
            (B) facilitate the commission of; or
            (C) escape from the commission of;


        murder (IC 35-42-1-1), kidnapping (IC 35-42-3-2), criminal confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense under IC 35-47 as part of or in furtherance of an act of terrorism.
        (5) Real property owned by a person who uses it to commit any of the following as a Class A felony, a Class B felony, or a Class C felony:
            (A) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
            (B) Dealing in methamphetamine (IC 35-48-4-1.1).
            (C) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
            (D) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
            (E) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
        (6) Equipment and recordings used by a person to commit fraud under IC 35-43-5-4(10).
        (7) Recordings sold, rented, transported, or possessed by a person in violation of IC 24-4-10.
        (8) Property (as defined by IC 35-41-1-23) or an enterprise (as defined by IC 35-45-6-1) that is the object of a corrupt business influence violation (IC 35-45-6-2).
        (9) Unlawful telecommunications devices (as defined in IC 35-45-13-6) and plans, instructions, or publications used to commit an offense under IC 35-45-13.
        (10) Any equipment, used or intended for use in preparing, photographing, recording, videotaping, digitizing, printing, copying, or disseminating matter in violation of IC 35-42-4-4. including computer equipment and cellular telephones, used for or intended for use in preparing, photographing, recording, videotaping, digitizing, printing, copying, or disseminating matter in violation of IC 35-42-4.
        (11) Destructive devices used, possessed, transported, or sold in violation of IC 35-47.5.
        (12) Tobacco products that are sold in violation of IC 24-3-5, tobacco products that a person attempts to sell in violation of IC 24-3-5, and other personal property owned and used by a person to facilitate a violation of IC 24-3-5.
        (13) Property used by a person to commit counterfeiting or forgery in violation of IC 35-43-5-2.
        (14) After December 31, 2005, if a person is convicted of an offense specified in IC 25-26-14-26(b) or IC 35-43-10, the

following real or personal property:
            (A) Property used or intended to be used to commit, facilitate, or promote the commission of the offense.
            (B) Property constituting, derived from, or traceable to the gross proceeds that the person obtained directly or indirectly as a result of the offense.
        (15) Except as provided in subsection (e), a motor vehicle used by a person who operates the motor vehicle:
            (A) while intoxicated, in violation of IC 9-30-5-1 through IC 9-30-5-5, if in the previous five (5) years the person has two (2) or more prior unrelated convictions:
                (i) for operating a motor vehicle while intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5; or
                (ii) for an offense that is substantially similar to IC 9-30-5-1 through IC 9-30-5-5 in another jurisdiction; or
            (B) on a highway while the person's driver's license is suspended in violation of IC 9-24-19-2 through IC 9-24-19-4, if in the previous five (5) years the person has two (2) or more prior unrelated convictions:
                (i) for operating a motor vehicle while intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5; or
                (ii) for an offense that is substantially similar to IC 9-30-5-1 through IC 9-30-5-5 in another jurisdiction.
        If a court orders the seizure of a motor vehicle under this subdivision, the court shall transmit an order to the bureau of motor vehicles recommending that the bureau not permit a motor vehicle to be registered in the name of the person whose motor vehicle was seized until the person possesses a current driving license (as defined in IC 9-13-2-41).
         (16) The following real or personal property:
            (A) Property used or intended to be used to commit, facilitate, or promote the commission of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or IC 30-2-13-38(f).
            (B) Property constituting, derived from, or traceable to the gross proceeds that a person obtains directly or indirectly as a result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or IC 30-2-13-38(f).

    (b) A vehicle used by any person as a common or contract carrier in the transaction of business as a common or contract carrier is not subject to seizure under this section, unless it can be proven by a preponderance of the evidence that the owner of the vehicle knowingly

permitted the vehicle to be used to engage in conduct that subjects it to seizure under subsection (a).
    (c) Equipment under subsection (a)(10) may not be seized unless it can be proven by a preponderance of the evidence that the owner of the equipment knowingly permitted the equipment to be used to engage in conduct that subjects it to seizure under subsection (a)(10).
    (d) Money, negotiable instruments, securities, weapons, communications devices, or any property commonly used as consideration for a violation of IC 35-48-4 found near or on a person who is committing, attempting to commit, or conspiring to commit any of the following offenses shall be admitted into evidence in an action under this chapter as prima facie evidence that the money, negotiable instrument, security, or other thing of value is property that has been used or was to have been used to facilitate the violation of a criminal statute or is the proceeds of the violation of a criminal statute:
        (1) IC 35-48-4-1 (dealing in or manufacturing cocaine or a narcotic drug).
        (2) IC 35-48-4-1.1 (dealing in methamphetamine).
        (3) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled substance).
        (4) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
        (5) IC 35-48-4-4 (dealing in a schedule V controlled substance) as a Class B felony.
        (6) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a Class A felony, Class B felony, or Class C felony.
        (7) IC 35-48-4-6.1 (possession of methamphetamine) as a Class A felony, Class B felony, or Class C felony.
        (8) IC 35-48-4-10 (dealing in marijuana, hash oil, or hashish) as a Class C felony.
    (e) A motor vehicle operated by a person who is not:
        (1) an owner of the motor vehicle; or
        (2) the spouse of the person who owns the motor vehicle;
is not subject to seizure under subsection (a)(15) unless it can be proven by a preponderance of the evidence that the owner of the vehicle knowingly permitted the vehicle to be used to engage in conduct that subjects it to seizure under subsection (a)(15).

SOURCE: IC 35-41-4-2; (09)IN1073.1.7. -->     SECTION 7. IC 35-41-4-2, AS AMENDED BY P.L.173-2006, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:
        (1) within five (5) years after the commission of the offense, in the case of a Class B, Class C, or Class D felony; or
        (2) within two (2) years after the commission of the offense, in the case of a misdemeanor.
    (b) A prosecution for a Class B or Class C felony that would otherwise be barred under this section may be commenced within one (1) year after the earlier of the date on which the state:
        (1) first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis; or
        (2) could have discovered evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis by the exercise of due diligence.
    (c) A prosecution for a Class A felony may be commenced at any time.
    (d) A prosecution for murder may be commenced:
        (1) at any time; and
        (2) regardless of the amount of time that passes between:
            (A) the date a person allegedly commits the elements of murder; and
            (B) the date the alleged victim of the murder dies.
    (e) A prosecution for the following offenses is barred unless commenced before the date that the alleged victim of the offense reaches thirty-one (31) years of age:
        (1) IC 35-42-4-3(a) (Child molesting).
        (2) IC 35-42-4-5 (Vicarious sexual gratification).
        (3) IC 35-42-4-6 (Child solicitation).
        (4) IC 35-42-4-7 (Child seduction).
        (5) IC 35-46-1-3 (Incest).
    (f) A prosecution for forgery of an instrument for payment of money, or for the uttering of a forged instrument, under IC 35-43-5-2, is barred unless it is commenced within five (5) years after the maturity of the instrument.
    (g) If a complaint, indictment, or information is dismissed because of an error, defect, insufficiency, or irregularity, a new prosecution may be commenced within ninety (90) days after the dismissal even if the period of limitation has expired at the time of dismissal, or will expire within ninety (90) days after the dismissal.
    (h) The period within which a prosecution must be commenced does not include any period in which:
        (1) the accused person is not usually and publicly resident in Indiana or so conceals himself or herself that process cannot be served;
        (2) the accused person conceals evidence of the offense, and evidence sufficient to charge the person with that offense is

unknown to the prosecuting authority and could not have been discovered by that authority by exercise of due diligence; or
        (3) the accused person is a person elected or appointed to office under statute or constitution, if the offense charged is theft or conversion of public funds or bribery while in public office.
    (i) For purposes of tolling the period of limitation only, a prosecution is considered commenced on the earliest of these dates:
        (1) The date of filing of an indictment, information, or complaint before a court having jurisdiction.
        (2) The date of issuance of a valid arrest warrant.
        (3) The date of arrest of the accused person by a law enforcement officer without a warrant, if the officer has authority to make the arrest.
    (j) A prosecution is considered timely commenced for any offense to which the defendant enters a plea of guilty, notwithstanding that the period of limitation has expired.
     (k) The following apply to the specified offenses:
        (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of funeral trust funds) is barred unless commenced within five (5) years after the date of death of the settlor (as described in IC 30-2-9).
        (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse of funeral trust funds) is barred unless commenced within five (5) years after the date of death of the settlor (as described in IC 30-2-10).
        (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse of funeral trust or escrow account funds) is barred unless commenced within five (5) years after the date of death of the purchaser (as defined in IC 30-2-13-9).

     (l) A prosecution for an offense under IC 23-14-48-9 is barred unless commenced within five (5) years after the earlier of the date on which the state:
        (1) first discovers evidence sufficient to charge the offender with the offense; or
        (2) could have discovered evidence sufficient to charge the offender with the offense by the exercise of due diligence.

SOURCE: IC 35-45-6-1; (09)IN1073.1.8. -->     SECTION 8. IC 35-45-6-1, AS AMENDED BY P.L.3-2008, SECTION 253, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The definitions in this section apply throughout this chapter.
    (b) "Documentary material" means any document, drawing, photograph, recording, or other tangible item containing compiled data

from which information can be either obtained or translated into a usable form.
    (c) "Enterprise" means:
        (1) a sole proprietorship, corporation, limited liability company, partnership, business trust, or governmental entity; or
        (2) a union, an association, or a group, whether a legal entity or merely associated in fact.
    (d) "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering activity that have the same or similar intent, result, accomplice, victim, or method of commission, or that are otherwise interrelated by distinguishing characteristics that are not isolated incidents. However, the incidents are a pattern of racketeering activity only if at least one (1) of the incidents occurred after August 31, 1980, and if the last of the incidents occurred within five (5) years after a prior incident of racketeering activity.
    (e) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit a violation of, or aiding and abetting in a violation of any of the following:
        (1) A provision of IC 23-19, or of a rule or order issued under IC 23-19.
        (2) A violation of IC 35-45-9.
        (3) A violation of IC 35-47.
        (4) A violation of IC 35-49-3.
        (5) Murder (IC 35-42-1-1).
        (6) Battery as a Class C felony (IC 35-42-2-1).
        (7) Kidnapping (IC 35-42-3-2).
        (8) Human and sexual trafficking crimes (IC 35-42-3.5).
        (9) Child exploitation (IC 35-42-4-4).
        (10) Robbery (IC 35-42-5-1).
        (11) Carjacking (IC 35-42-5-2).
        (12) Arson (IC 35-43-1-1).
        (13) Burglary (IC 35-43-2-1).
        (14) Theft (IC 35-43-4-2).
        (15) Receiving stolen property (IC 35-43-4-2).
        (16) Forgery (IC 35-43-5-2).
        (17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(10)).
        (18) Bribery (IC 35-44-1-1).
        (19) Official misconduct (IC 35-44-1-2).
        (20) Conflict of interest (IC 35-44-1-3).
        (21) Perjury (IC 35-44-2-1).
        (22) Obstruction of justice (IC 35-44-3-4).
        (23) Intimidation (IC 35-45-2-1).


        (24) Promoting prostitution (IC 35-45-4-4).
        (25) Professional gambling (IC 35-45-5-3).
        (26) Maintaining a professional gambling site (IC 35-45-5-3.5(b)).
        (27) Promoting professional gambling (IC 35-45-5-4).
        (28) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
        (29) Dealing in or manufacturing methamphetamine (IC 35-48-4-1.1).
        (30) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
        (31) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
        (32) Dealing in a schedule V controlled substance (IC 35-48-4-4).
        (33) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
        (34) Money laundering (IC 35-45-15-5).
        (35) A violation of IC 35-47.5-5.
         (36) An offense under any of the following:
            (A) IC 23-14-48-9.
            (B) IC 30-2-9-7(b).
            (C) IC 30-2-10-9(b).
            (D) IC 30-2-13-38(f).

SOURCE: ; (09)IN1073.1.9. -->     SECTION 9. [EFFECTIVE JULY 1, 2009] IC 30-2-13-38, IC 35-41-4-2, and IC 35-45-6-1, all as amended by this act, apply only to crimes committed after June 30, 2009.
SOURCE: ; (09)IN1073.1.10. -->     SECTION 10. An emergency is declared for this act.