In the conference committee report on ESB 26, page 52, line 9,
delete " 35-44-3-5)." and insert " 35-44.1-3-4).".
In the conference committee report on ESB 26, page 88, delete lines
48 through 50, begin a new paragraph and insert:
"
SECTION 131. IC 35-41-1-26.3, AS AMENDED BY HEA 1196-
2012, SECTION 11, IS REPEALED [EFFECTIVE JULY 1, 2012].
Sec. 26.3. "Synthetic drug" means:
6a,7,10,10a-tetrahydrobenzo [c]chromen- 1-ol).
(L) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)- 6,6-dimethyl-
3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo
[c]chromen-1-ol).
(M) HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-
(2-methyloctan- 2-yl)phenyl]-
7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol).
(N) HU-331 (3-hydroxy-2- [(1R,6R)-3-methyl-6-
(1-methylethenyl)-2 -cyclohexen-1-yl]-5
-pentyl-2,5-cyclohexadiene-1,4-dione).
(O) CP 55,940
(2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)
cyclohexyl]- 5- (2-methyloctan-2-yl)phenol).
(P) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-
(2-methyloctan-2-yl)phenol) and its homologues, or
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)
phenol), where side chain n=5, and homologues where side
chain n=4, 6, or 7.
(Q) WIN 55212-2
((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)
pyrrolo [1,2,3-de)- 1,4- benzoxazin-
6-yl]-1-napthalenylmethanone).
(R) RCS-4 ((4-methoxyphenyl)
(1-pentyl-1H-indol-3-yl)methanone).
(S) RCS-8 (1-(1-(2-cyclohexylethyl)-1H-
indol-3-yl)-2-(2-methoxyphenyl)ethanone).
(T) 4-Methylmethcathinone. Other name: mephedrone.
(U) 3,4-Methylenedioxymethcathinone. Other name:
methylone.
(V) Fluoromethcathinone.
(W) 4-Methoxymethcathinone. Other name: methedrone.
(X) 4-Ethylmethcathinone (4-EMC).
(Y) Methylenedioxypyrovalerone. Other name: MDPV.
(Z) JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole.
(AA) JWH-098, or
1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole.
(BB) JWH-164, or
1-pentyl-3-(7-methoxy-1-naphthoyl)indole.
(CC) JWH-210, or 1-pentyl-3-(4-ethyl-1-naphthoyl)indole.
(DD) JWH-201, or
1-pentyl-3-(4-methoxyphenylacetyl)indole.
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the naphthyl ring to any
extent.
(3) Any compound structurally derived from 3-(1-naphthoyl)
pyrrole by substitution at the nitrogen atom of the pyrrole ring by
alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the pyrrole ring to any
extent and whether or not substituted in the naphthyl ring to any
extent.
(4) Any compound structurally derived from
1-(1-naphthylmethyl)indene by substitution at the 3-position of
the indene ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group, whether or not further substituted
in the indene ring to any extent and whether or not substituted in
the naphthyl ring to any extent.
(5) Any compound structurally derived from 3-phenylacetylindole
by substitution at the nitrogen atom of the indole ring with alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the phenyl ring to any
extent.
(6) Any compound structurally derived from
2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position
of the phenolic ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not substituted in the cyclohexyl ring to any
extent.
(7) Any compound containing a 3-(benzoyl)indole structure with
substitution at the nitrogen atom of the indole ring by alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the phenyl ring to any
extent.
(8) Any compound, except bupropion or a compound listed under
a different schedule, structurally derived from
2-aminopropan-1-one by substitution at the 1-position with either
phenyl, naphthyl, or thiophene ring systems, whether or not the
compound is further modified:
(A) by substitution in the ring system to any extent with alkyl,
alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide
substituents, whether or not further substituted in the ring
system by one or more other univalent substituents;
(B) by substitution at the 3-position with an acyclic alkyl
substituent;
(C) by substitution at the 2-amino nitrogen atom with alkyl,
dialkyl, benzyl, or methoxybenzyl groups; or
(D) by inclusion of the 2-amino nitrogen atom in a cyclic
structure.
(9) Any compound determined to be a synthetic drug by rule
adopted under IC 25-26-13-4.1.
".
In the conference committee report on ESB 26, delete pages 89
through 91.
In the conference committee report on ESB 26, page 92, delete line
1.
In the conference committee report on ESB 26, page 102, delete
lines 34 through 50, begin a new paragraph and insert:
"SECTION 145. IC 35-50-5-1.1, AS AMENDED BY SEA
262-2012, SECTION 61, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1.1. (a) Whenever a person is
convicted of a misdemeanor under IC 35-44.1-1, 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 under IC 35-44.1-1, the court may enter an order
removing the officer from office.
(c) This subsection applies whenever:
(1) the court enters an order under this section that applies to a
person who is an officer of a governmental entity (as defined in
IC 35-41-1-12); IC 35-31.5-2-144); and
(2) a vacancy occurs in the office held by the person as the result
of the court's order.
The court must file a certified copy of the order with the person who is
entitled under IC 5-8-6 to receive notice of the death of an individual
holding the office. The person receiving the copy of the order must give
notice of the order in the same manner as if the person had received a
notice of the death of the officeholder under IC 5-8-6. The person
required or permitted to fill the vacancy that results from a removal
under this section must comply with IC 3-13 or IC 20, whichever
applies, to fill the vacancy.".
In the conference committee report on ESB 26, page 103, delete
lines 1 through 6.
Renumber all SECTIONS consecutively.
(Reference is to ESB 26 as printed February 14, 2012, as amended
by the Conference Committee Report to ESB 26.)