February 8, 2011
SENATE BILL No. 464
_____
DIGEST OF SB 464
(Updated February 3, 2011 4:56 pm - DI 106)
Citations Affected: IC 4-13; IC 5-13.
Synopsis: Depository rule. Defines "public servant", and substitutes
"public servants" for "public officers" with respect to certain duties and
obligations concerning public funds. Makes knowingly or intentionally
failing to properly deposit public funds a Class A misdemeanor, and
increases the penalty to a Class D felony if the amount involved is at
least $750 and to a Class C felony if the amount involved is at least
$50,000. (The offense is currently a Class B felony.) Repeals a
conflicting provision.
Effective: July 1, 2011.
Bray
January 13, 2011, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
February 7, 2011, amended, reported favorably _ Do Pass.
February 8, 2011
First Regular Session 117th General Assembly (2011)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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
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between statutes enacted by the 2010 Regular Session of the General Assembly.
SENATE BILL No. 464
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 5-13-4-21.3; (11)SB0464.1.1. -->
SECTION 1. IC 5-13-4-21.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 21.3. "Public servant" has the meaning set forth in
IC 35-41-1-24.
SOURCE: IC 5-13-14-2; (11)SB0464.1.2. -->
SECTION 2. IC 5-13-14-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. A public officer
servant is not liable for loss of public funds in any closed depository
if the funds have been deposited in the manner required by this article.
SOURCE: IC 5-13-14-3; (11)SB0464.1.3. -->
SECTION 3. IC 5-13-14-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. A public
officer
servant who knowingly
or intentionally:
(1) fails to deposit public funds; or
knowingly
(2) deposits or draws any check or negotiable order of withdrawal
against the funds;
except in the manner prescribed in this article, commits a
Class B
felony. Class A misdemeanor. However, the offense is a Class D
felony if the amount involved is at least seven hundred fifty dollars
($750), and a Class C felony if the amount involved is at least fifty
thousand dollars ($50,000). The public officer servant also is liable
upon the officer's public servant's official bond for any loss or damage
that may accrue.
SOURCE: IC 5-13-14-4; (11)SB0464.1.4. -->
SECTION 4. IC 5-13-14-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. A public officer
servant who knowingly or intentionally fails to perform any duty
imposed upon the officer public servant by this article, other than a
duty for which a penalty is imposed by section 3 of this chapter,
commits a Class B misdemeanor.
SOURCE: IC 4-13-2-21; (11)SB0464.1.5. -->
SECTION 5. IC 4-13-2-21 IS REPEALED [EFFECTIVE JULY 1,
2011].