Introduced Version






SENATE BILL No. 263

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-24-2-2.5; IC 24-4.6-5-7; IC 28-7-5-33; IC 31-37-19-17.2; IC 32-35-2-9; IC 33-39-1-8; IC 34-24; IC 34-30; IC 35-32-2-2; IC 35-33-1-1; IC 35-37-4-6; IC 35-43.

Synopsis: Property crimes. Authorizes a law enforcement officer to arrest a person who has committed theft, even if the theft is not committed in the officer's presence. Consolidates cemetery mischief, unlawful acts relating to caves, and computer tampering into the criminal mischief statute, and repeals the redundant statutes. Provides that a person who breaks and enters with the intent to commit theft commits burglary. Makes theft a: (1) Class A misdemeanor if the amount of property involved in the theft is less than $750; (2) Class D felony if the amount is at least $750 and less than $50,000, if the item stolen was a firearm, if the person has a prior conviction, or if the offense involved the failure to return a leased motor vehicle; and (3) Class C felony if the amount of property involved is at least $50,000. Removes provisions relating to receiving stolen property, and repeals the criminal conversion statute (transferring the provision concerning leased motor vehicles to the theft statute). Makes forgery a Class D felony, and consolidates certain provisions dealing with application fraud. Consolidates certain offenses made in connection with government contracts into the deception statute, and repeals redundant provisions. Makes the threshold for enhancing the penalty for certain frauds $50,000. Consolidates provisions relating to interference with drug screening tests, and repeals a redundant provision. Makes inmate fraud a Class D felony if the inmate is in pretrial status, and increases the penalty to a Class C felony if the inmate has been convicted or if the amount involved is at least $50,000. Makes conforming amendments.

Effective: July 1, 2012.





Bray




    January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

Second Regular Session 117th General Assembly (2012)


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 2011 Regular Session of the General Assembly.

SENATE BILL No. 263



    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 9-24-2-2.5; (12)IN0263.1.1. -->     SECTION 1. IC 9-24-2-2.5, AS AMENDED BY P.L.3-2008, SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2.5. (a) An operator's license or a learner's permit may not be issued to an individual who is under an order entered by a court under IC 35-43-1-2(c). IC 35-43-1-2(h).
    (b) The bureau shall suspend the operator's license or invalidate the learner's permit of a person who is the subject of an order issued under IC 31-37-19-17 (or IC 31-6-4-15.9(f) before its repeal) or IC 35-43-1-2(c). IC 35-43-1-2(h).
SOURCE: IC 24-4.6-5-7; (12)IN0263.1.2. -->     SECTION 2. IC 24-4.6-5-7, AS ADDED BY P.L.97-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. If a vehicle owner does not:
        (1) pay the total pump price of the motor fuel pumped and the service charge in response to a notice sent by a retailer under this chapter; or
        (2) reply to the retailer's notice with a written notice under section 6(b)(1) or 6(b)(2) of this chapter;
the vehicle owner's civil liability under this chapter does not preclude criminal liability under IC 35-43-4-2, IC 35-43-4-3 (before its repeal), IC 35-43-4-8, or any other law.
SOURCE: IC 28-7-5-33; (12)IN0263.1.3. -->     SECTION 3. IC 28-7-5-33 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 33. A pawnbroker has a first lien on all pledges for the amount of his the pawnbroker's loan, interest, and charges except:
        (1) when the property that constitutes the pledge is stolen (IC 35-43-4-2) or criminally converted (IC 35-43-4-3, before its repeal) property; or
        (2) where a prior lien exists under another statute.
SOURCE: IC 31-37-19-17.2; (12)IN0263.1.4. -->     SECTION 4. IC 31-37-19-17.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17.2. (a) This section applies if a child is a delinquent child under IC 31-37-1 due to the commission of a delinquent act that, if committed by an adult, would be a theft (IC 35-43-4-2) or criminal conversion (IC 35-43-4-3, before its repeal) described in IC 35-43-4-8 (fuel theft).
    (b) The juvenile court shall, in addition to any other order or decree the court makes under this chapter, order the bureau of motor vehicles to:
        (1) suspend the child's operator's license; or
        (2) invalidate the child's learner's permit;
under IC 9-25-6-21 in the same manner as the bureau of motor vehicles is required to suspend the driving privileges of a person convicted of fuel theft.
SOURCE: IC 32-35-2-9; (12)IN0263.1.5. -->     SECTION 5. IC 32-35-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. The court may issue an order for possession under this chapter before the hearing if probable cause appears that any of the following subdivisions apply:
        (1) The defendant gained possession of the property by theft (IC 35-43-4-2) or criminal conversion (IC 35-43-4-3, before its repeal).
        (2) The property consists of one (1) or more negotiable instruments or credit cards.
        (3) By reason of specific, competent evidence shown by testimony within the personal knowledge of an affiant or witness, the property is:
            (A) perishable, and will perish before any noticed hearing can be had;
            (B) in immediate danger of destruction, serious harm, concealment, removal from Indiana, or sale to an innocent purchaser; or
            (C) held by a person who threatens to destroy, harm, or conceal the property, remove the property from Indiana, or sell the property to an innocent purchaser.
SOURCE: IC 33-39-1-8; (12)IN0263.1.6. -->     SECTION 6. IC 33-39-1-8, AS AMENDED BY P.L.101-2009, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) After June 30, 2005, this section does not apply to a person who:
        (1) holds a commercial driver's license; and
        (2) has been charged with an offense involving the operation of a motor vehicle in accordance with the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat. 1748).
    (b) This section does not apply to a person arrested for or charged with:
        (1) an offense under IC 9-30-5-1 through IC 9-30-5-5; or
        (2) if a person was arrested or charged with an offense under IC 9-30-5-1 through IC 9-30-5-5, an offense involving:
            (A) intoxication; or
            (B) the operation of a motor vehicle;
if the offense involving intoxication or the operation of a motor vehicle was part of the same episode of criminal conduct as the offense under IC 9-30-5-1 through IC 9-30-5-5.
    (c) This section does not apply to a person:
        (1) who is arrested for or charged with an offense under:
            (A) IC 7.1-5-7-7(a), if the alleged offense occurred while the person was operating a motor vehicle;
            (B) IC 9-30-4-8(a), if the alleged offense occurred while the person was operating a motor vehicle;
            (C) IC 35-42-2-2(c)(1);
            (D) IC 35-42-2-4(b)(1); or
            (E) IC 35-43-1-2(a), IC 35-43-1-2(c), if the alleged offense occurred while the person was operating a motor vehicle; and
        (2) who held a probationary license (as defined in IC 9-24-11-3(b) or IC 9-24-11-3.3(b)) and was less than eighteen (18) years of age at the time of the alleged offense.
    (d) A prosecuting attorney may withhold prosecution against an accused person if:
        (1) the person is charged with a misdemeanor;
        (2) the person agrees to conditions of a pretrial diversion program offered by the prosecuting attorney;
        (3) the terms of the agreement are recorded in an instrument signed by the person and the prosecuting attorney and filed in the

court in which the charge is pending; and
        (4) the prosecuting attorney electronically transmits information required by the prosecuting attorneys council concerning the withheld prosecution to the prosecuting attorneys council, in a manner and format designated by the prosecuting attorneys council.
    (e) An agreement under subsection (d) may include conditions that the person:
        (1) pay to the clerk of the court an initial user's fee and monthly user's fees in the amounts specified in IC 33-37-4-1;
        (2) work faithfully at a suitable employment or faithfully pursue a course of study or career and technical education that will equip the person for suitable employment;
        (3) undergo available medical treatment or counseling and remain in a specified facility required for that purpose;
        (4) support the person's dependents and meet other family responsibilities;
        (5) make restitution or reparation to the victim of the crime for the damage or injury that was sustained;
        (6) refrain from harassing, intimidating, threatening, or having any direct or indirect contact with the victim or a witness;
        (7) report to the prosecuting attorney at reasonable times;
        (8) answer all reasonable inquiries by the prosecuting attorney and promptly notify the prosecuting attorney of any change in address or employment; and
        (9) participate in dispute resolution either under IC 34-57-3 or a program established by the prosecuting attorney.
    (f) An agreement under subsection (d)(2) may include other provisions reasonably related to the defendant's rehabilitation, if approved by the court.
    (g) The prosecuting attorney shall notify the victim when prosecution is withheld under this section.
    (h) All money collected by the clerk as user's fees under this section shall be deposited in the appropriate user fee fund under IC 33-37-8.
    (i) If a court withholds prosecution under this section and the terms of the agreement contain conditions described in subsection (e)(6):
        (1) the clerk of the court shall comply with IC 5-2-9; and
        (2) the prosecuting attorney shall file a confidential form prescribed or approved by the division of state court administration with the clerk.

SOURCE: IC 34-24-1-1; (12)IN0263.1.7. -->     SECTION 7. IC 34-24-1-1, AS AMENDED BY P.L.182-2011, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2012]: 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, hashish, salvia, or a synthetic cannabinoid (IC 35-48-4-10).
            (B) Any stolen (IC 35-43-4-2) or converted property (IC 35-43-4-3, before its repeal) if the retail or repurchase value of that property is one hundred dollars ($100) or more.
            (C) Any hazardous waste in violation of IC 13-30-10-1.5.
            (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, hashish, salvia, or a synthetic cannabinoid (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, 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, hashish, salvia, or a synthetic cannabinoid) 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 34-24-3-2; (12)IN0263.1.8. -->     SECTION 8. IC 34-24-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) For purposes of determining the amount of damages recoverable under section 1(1) of this chapter, there is an irrebuttable presumption that a retailer who brings a civil action under this chapter (or IC 34-4-30 before its repeal) as the result of a violation of IC 35-43-4-2 (theft) or IC 35-43-4-3 ( criminal conversion, before its repeal) suffers a pecuniary loss in the amount of:
        (1) one hundred dollars ($100) regardless of whether:
            (A) the property is returned to the retailer; or
            (B) the actual retail value of the property is less than one hundred dollars ($100); or
        (2) the retailer's actual damages;
whichever is greater.
    (b) An individual found liable in a civil action under this chapter (or IC 34-4-30 before its repeal) for violating IC 35-43-4-2 or IC 35-43-4-3 (before its repeal) may not be indemnified or insured for any penalties, damages, or settlement arising from the violation.
SOURCE: IC 34-30-3-2; (12)IN0263.1.9. -->     SECTION 9. IC 34-30-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The definitions set forth in IC 22-11-20 apply to this section.
    (b) Except as provided in subsection (c), the victim or an agent of the victim of a theft (IC 35-43-4-2(a)) (IC 35-43-4-2) or criminal conversion (IC 35-43-4-3, before its repeal) of:
        (1) anhydrous ammonia (NH3);
        (2) an ammonia solution; or
        (3) a container used to store or transport anhydrous ammonia or an ammonia solution;
is immune from civil liability for injury or damage resulting from the possession or use of the anhydrous ammonia, ammonia solution, or container by another person to commit a violation of IC 35-48-4.
    (c) A victim or an agent described in subsection (b) is not immune from civil liability under subsection (b) if:
        (1) the victim or agent committed a crime involving the anhydrous ammonia, ammonia solution, or container that is the subject of the theft or criminal conversion; or
        (2) the victim's or agent's willful or intentional commission of a violation of an applicable law, rule, or regulation governing the:
            (A) design;
            (B) construction;
            (C) location;
            (D) installation; or
            (E) operation;
        of equipment for storage, handling, use, or transportation of anhydrous ammonia or ammonia solution proximately caused the theft or criminal conversion.
SOURCE: IC 34-30-20-1; (12)IN0263.1.10. -->     SECTION 10. IC 34-30-20-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. A person is immune from civil liability based on an act or omission related to the use of a firearm or ammunition for a firearm by another person if the other person directly or indirectly obtained the firearm or ammunition for a firearm through the commission of the following:
        (1) Burglary (IC 35-43-2-1).
        (2) Robbery (IC 35-42-5-1).
        (3) Theft (IC 35-43-4-2).
        (4) Receiving stolen property (IC 35-43-4-2).
        (5) Criminal conversion (IC 35-43-4-3, before its repeal).
SOURCE: IC 35-32-2-2; (12)IN0263.1.11. -->     SECTION 11. IC 35-32-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) A person may be tried for theft (IC 35-43-4-2) or criminal conversion (IC 35-43-4-3, for an act committed before its repeal) in any county in which he the person exerted unauthorized control over the property.
    (b) A person may be tried for receiving stolen property (IC 35-43-4-2, for an act committed before its repeal) in any county in which he the person receives, retains, or disposes of the property.
SOURCE: IC 35-33-1-1; (12)IN0263.1.12. -->     SECTION 12. IC 35-33-1-1, AS AMENDED BY P.L.171-2011, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) A law enforcement officer may arrest a person when the officer has:
        (1) a warrant commanding that the person be arrested;
        (2) probable cause to believe the person has committed or attempted to commit, or is committing or attempting to commit, theft or a felony;
        (3) probable cause to believe the person has violated the provisions of IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, IC 9-26-1-4, or IC 9-30-5;
        (4) probable cause to believe the person is committing or attempting to commit a misdemeanor in the officer's presence;
        (5) probable cause to believe the person has committed a:
            (A) battery resulting in bodily injury under IC 35-42-2-1; or
            (B) domestic battery under IC 35-42-2-1.3.
        The officer may use an affidavit executed by an individual alleged to have direct knowledge of the incident alleging the elements of the offense of battery to establish probable cause;
        (6) probable cause to believe that the person violated IC 35-46-1-15.1 (invasion of privacy);
        (7) probable cause to believe that the person violated IC 35-47-2-1 (carrying a handgun without a license) or IC 35-47-2-22 (counterfeit handgun license);
        (8) probable cause to believe that the person is violating or has violated an order issued under IC 35-50-7;
        (9) probable cause to believe that the person is violating or has violated IC 35-47-6-1.1 (undisclosed transport of a dangerous device);
        (10) probable cause to believe that the person is:
            (A) violating or has violated IC 35-45-2-5 (interference with the reporting of a crime); and
            (B) interfering with or preventing the reporting of a crime involving domestic or family violence (as defined in IC 34-6-2-34.5);
        (11) a removal order issued for the person by an immigration court;
        (12) a detainer or notice of action for the person issued by the United States Department of Homeland Security; or
        (13) probable cause to believe that the person has been indicted for or convicted of one (1) or more aggravated felonies (as defined in 8 U.S.C. 1101(a)(43)).
    (b) A person who:
        (1) is employed full time as a federal enforcement officer;
        (2) is empowered to effect an arrest with or without warrant for a violation of the United States Code; and
        (3) is authorized to carry firearms in the performance of the person's duties;
may act as an officer for the arrest of offenders against the laws of this state where the person reasonably believes that a felony has been or is about to be committed or attempted in the person's presence.
SOURCE: IC 35-37-4-6; (12)IN0263.1.13. -->     SECTION 13. IC 35-37-4-6, AS AMENDED BY P.L.28-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) This section applies to a criminal action involving the following offenses where the victim is a protected person under subsection (c)(1) or (c)(2):
        (1) Sex crimes (IC 35-42-4).
        (2) Battery upon a child (IC 35-42-2-1(a)(2)(B)).
        (3) Kidnapping and confinement (IC 35-42-3).
        (4) Incest (IC 35-46-1-3).
        (5) Neglect of a dependent (IC 35-46-1-4).
        (6) Human and sexual trafficking crimes (IC 35-42-3.5).
        (7) An attempt under IC 35-41-5-1 for an offense listed in subdivisions (1) through (6).
    (b) This section applies to a criminal action involving the following offenses where the victim is a protected person under subsection (c)(3):
        (1) Exploitation of a dependent or endangered adult (IC 35-46-1-12).
        (2) A sex crime (IC 35-42-4).
        (3) Battery (IC 35-42-2-1).
        (4) Kidnapping, confinement, or interference with custody (IC 35-42-3).
        (5) Home improvement fraud (IC 35-43-6).
        (6) Fraud (IC 35-43-5).
        (7) Identity deception (IC 35-43-5-3.5).
        (8) Synthetic identity deception (IC 35-43-5-3.8).
        (9) Theft (IC 35-43-4-2).
        (10) Criminal conversion (IC 35-43-4-3, before its repeal).
        (11) Neglect of a dependent (IC 35-46-1-4).
        (12) Human and sexual trafficking crimes (IC 35-42-3.5).
    (c) As used in this section, "protected person" means:
        (1) a child who is less than fourteen (14) years of age;
        (2) an individual with a mental disability who has a disability attributable to an impairment of general intellectual functioning or adaptive behavior that:
            (A) is manifested before the individual is eighteen (18) years of age;
            (B) is likely to continue indefinitely;
            (C) constitutes a substantial impairment of the individual's ability to function normally in society; and
            (D) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated; or
        (3) an individual who is:
            (A) at least eighteen (18) years of age; and
            (B) incapable by reason of mental illness, mental retardation, dementia, or other physical or mental incapacity of:
                (i) managing or directing the management of the individual's property; or
                (ii) providing or directing the provision of self-care.
    (d) A statement or videotape that:
        (1) is made by a person who at the time of trial is a protected

person;
        (2) concerns an act that is a material element of an offense listed in subsection (a) or (b) that was allegedly committed against the person; and
        (3) is not otherwise admissible in evidence;
is admissible in evidence in a criminal action for an offense listed in subsection (a) or (b) if the requirements of subsection (e) are met.
    (e) A statement or videotape described in subsection (d) is admissible in evidence in a criminal action listed in subsection (a) or (b) if, after notice to the defendant of a hearing and of the defendant's right to be present, all of the following conditions are met:
        (1) The court finds, in a hearing:
            (A) conducted outside the presence of the jury; and
            (B) attended by the protected person in person or by using closed circuit television testimony as described in section 8(f) and 8(g) of this chapter;
        that the time, content, and circumstances of the statement or videotape provide sufficient indications of reliability.
        (2) The protected person:
            (A) testifies at the trial; or
            (B) is found by the court to be unavailable as a witness for one (1) of the following reasons:
                (i) From the testimony of a psychiatrist, physician, or psychologist, and other evidence, if any, the court finds that the protected person's testifying in the physical presence of the defendant will cause the protected person to suffer serious emotional distress such that the protected person cannot reasonably communicate.
                (ii) The protected person cannot participate in the trial for medical reasons.
                (iii) The court has determined that the protected person is incapable of understanding the nature and obligation of an oath.
    (f) If a protected person is unavailable to testify at the trial for a reason listed in subsection (e)(2)(B), a statement or videotape may be admitted in evidence under this section only if the protected person was available for cross-examination:
        (1) at the hearing described in subsection (e)(1); or
        (2) when the statement or videotape was made.
    (g) A statement or videotape may not be admitted in evidence under this section unless the prosecuting attorney informs the defendant and the defendant's attorney at least ten (10) days before the trial of:


        (1) the prosecuting attorney's intention to introduce the statement or videotape in evidence; and
        (2) the content of the statement or videotape.
    (h) If a statement or videotape is admitted in evidence under this section, the court shall instruct the jury that it is for the jury to determine the weight and credit to be given the statement or videotape and that, in making that determination, the jury shall consider the following:
        (1) The mental and physical age of the person making the statement or videotape.
        (2) The nature of the statement or videotape.
        (3) The circumstances under which the statement or videotape was made.
        (4) Other relevant factors.
    (i) If a statement or videotape described in subsection (d) is admitted into evidence under this section, a defendant may introduce a:
        (1) transcript; or
        (2) videotape;
of the hearing held under subsection (e)(1) into evidence at trial.
SOURCE: IC 35-43-1-2; (12)IN0263.1.14. -->     SECTION 14. IC 35-43-1-2, AS AMENDED BY P.L.216-2007, SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) Subsection (e) does not apply to the following:
        (1) A person who acts in a proper and acceptable manner as authorized by IC 14-21 other than a person who disturbs the earth for an agricultural purpose under the exemption to IC 14-21 that is provided in IC 14-21-1-24.
        (2) A person who acts in a proper and acceptable manner as authorized by IC 23-14.

     (b) As used in this section:
        (1) "Cave" means any naturally occurring subterranean cavity, including a cavern, pit, pothole, sinkhole, well, grotto, and tunnel, whether or not it has a natural entrance.
        (2) "Computer network" and "computer system" have the meanings set forth in IC 35-43-2-3.
        (3) "Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.
        (4) "Data" means a representation of information, facts, knowledge, concepts, or instructions that:
            (A) may take any form, including computer printouts,

magnetic storage media, punched cards, or stored memory;
            (B) has been prepared or is being prepared; and
            (C) has been processed, is being processed, or will be processed;
        in a computer system or computer network.
        (5) "Owner" means the person who holds title to or is in possession of the land on or under which a cave is located, or the person's lessee or agent.
        (6) "Scientific purposes" means exploration and research conducted by persons affiliated with recognized scientific organizations with the intent to advance knowledge and with the intent to publish the results of the exploration or research in an appropriate medium.

    (a) (c) A person who:
        (1) recklessly, knowingly, or intentionally damages or defaces property of another person without the other person's consent; or
        (2) knowingly or intentionally causes another to suffer pecuniary loss by deception or by an expression of intention to injure another person or to damage the property or to impair the rights of another person;
commits criminal mischief, a Class B misdemeanor. However, the offense is:
            (A) a Class A misdemeanor if:
                (i) the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500);
                (ii) the property damaged was a moving motor vehicle;
                (iii) the property damaged contained data relating to a person required to register as a sex or violent offender under IC 11-8-8 and the person is not a sex or violent offender or was not required to register as a sex or violent offender;
                (iv) the property damaged was a locomotive, a railroad car, a train, or equipment of a railroad company being operated on a railroad right-of-way;
                (v) the property damaged was a part of any railroad signal system, train control system, centralized dispatching system, or highway railroad grade crossing warning signal on a railroad right-of-way owned, leased, or operated by a railroad company;
                (vi) the property damaged was any rail, switch, roadbed, viaduct, bridge, trestle, culvert, or embankment on a

right-of-way owned, leased, or operated by a railroad company; or
                (vii) the property damage or defacement was caused by paint or other markings; and
            (B) a Class D felony if:
                (i) the pecuniary loss is at least two thousand five hundred dollars ($2,500);
                (ii) the damage causes a substantial interruption or impairment of utility service rendered to the public;
                (iii) the damage is to a public record;
                (iv) the property damaged contained data relating to a person required to register as a sex or violent offender under IC 11-8-8 and the person is a sex or violent offender or was required to register as a sex or violent offender;
                (v) the damage causes substantial interruption or impairment of work conducted in a scientific research facility;
                (vi) the damage is to a law enforcement animal (as defined in IC 35-46-3-4.5); or
                (vii) the damage causes substantial interruption or impairment of work conducted in a food processing facility.
    (b) (d) A person who recklessly, knowingly, or intentionally damages:
        (1) a structure used for religious worship;
        (2) a school or community center;
        (3) the grounds:
            (A) adjacent to; and
            (B) owned or rented in common with;
        a structure or facility identified in subdivision (1) or (2); or
        (4) personal property contained in a structure or located at a facility identified in subdivision (1) or (2);
without the consent of the owner, possessor, or occupant of the property that is damaged, commits institutional criminal mischief, a Class A misdemeanor. However, the offense is a Class D felony if the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500), and a Class C felony if the pecuniary loss is at least two thousand five hundred dollars ($2,500).
     (e) A person who recklessly, knowingly, or intentionally:
        (1) damages a cemetery, a burial ground (as defined in IC 14-21-1-3), or a facility used for memorializing the dead;
        (2) damages the grounds owned or rented by a cemetery or facility used for memorializing the dead; or
        (3) disturbs, defaces, or damages a cemetery monument, grave

marker, grave artifact, grave ornamentation, or cemetery enclosure;
commits cemetery mischief, a Class A misdemeanor. However, the offense is a Class D felony if the pecuniary loss is at least two thousand five hundred dollars ($2,500).

     (f) A person who knowingly and without the express consent of the cave owner:
        (1) disfigures, destroys, or removes any stalagmite, stalactite, or other naturally occurring mineral deposit or formation, or archeological or paleontological artifact in a cave, for other than scientific purposes;
        (2) breaks any lock, gate, fence, or other structure designed to control or prevent access to a cave;
        (3) deposits trash, rubbish, chemicals, or other litter in a cave; or
        (4) destroys, injures, removes, or harasses any cave-dwelling animal for other than scientific purposes;
commits cave mischief, a Class A misdemeanor.
    (g) A person who knowingly or intentionally alters or damages a computer program or data that comprises a part of a computer system or computer network without the consent of the owner of the computer system or computer network commits computer tampering, a Class D felony. However, the offense is a:
        (1) Class C felony if the offense is committed for the purpose of terrorism; and
        (2) Class B felony if the offense is committed for the purpose of terrorism and results in serious bodily injury to a person.

    (c) (h) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person's operator's license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.
    (d) (i) The court may rescind an order for suspension or invalidation under subsection (c) (h) and allow the person to receive a license or permit before the period of suspension or invalidation ends if the court determines that:
        (1) the person has removed or painted over the graffiti or has made other suitable restitution; and
        (2) the person who owns the property damaged or defaced by the criminal mischief or institutional criminal mischief is satisfied with the removal, painting, or other restitution performed by the person.


SOURCE: IC 35-43-1-2.1; (12)IN0263.1.15. -->     SECTION 15. IC 35-43-1-2.1 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 2.1. (a) This section does not apply to the following:
        (1) A person who acts in a proper and acceptable manner as authorized by IC 14-21 other than a person who disturbs the earth for an agricultural purpose under the exemption to IC 14-21 that is provided in IC 14-21-1-24.
        (2) A person who acts in a proper and acceptable manner as authorized by IC 23-14.
    (b) A person who recklessly, knowingly, or intentionally:
        (1) damages a cemetery, a burial ground (as defined in IC 14-21-1-3), or a facility used for memorializing the dead;
        (2) damages the grounds owned or rented by a cemetery or facility used for memorializing the dead; or
        (3) disturbs, defaces, or damages a cemetery monument, grave marker, grave artifact, grave ornamentation, or cemetery enclosure;
commits cemetery mischief, a Class A misdemeanor. However, the offense is a Class D felony if the pecuniary loss is at least two thousand five hundred dollars ($2,500).
SOURCE: IC 35-43-1-3; (12)IN0263.1.16. -->     SECTION 16. IC 35-43-1-3 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 3. (a) As used in this section:
    "Cave" means any naturally occurring subterranean cavity, including a cavern, pit, pothole, sinkhole, well, grotto, and tunnel whether or not it has a natural entrance.
    "Owner" means the person who holds title to or is in possession of the land on or under which a cave is located, or his lessee, or agent.
    "Scientific purposes" means exploration and research conducted by persons affiliated with recognized scientific organizations with the intent to advance knowledge and with the intent to publish the results of said exploration or research in an appropriate medium.
    (b) A person who knowingly and without the express consent of the cave owner:
        (1) disfigures, destroys, or removes any stalagmite, stalactite, or other naturally occurring mineral deposit or formation, or archeological or paleontological artifact in a cave, for other than scientific purposes;
        (2) breaks any lock, gate, fence, or other structure designed to control or prevent access to a cave;
        (3) deposits trash, rubbish, chemicals, or other litter in a cave; or
        (4) destroys, injures, removes, or harasses any cave-dwelling animal for other than scientific purposes;
commits a Class A misdemeanor.
SOURCE: IC 35-43-1-4; (12)IN0263.1.17. -->     SECTION 17. IC 35-43-1-4 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 4. (a) As used in this section:
    "Computer network" and "computer system" have the meanings set forth in IC 35-43-2-3.
    "Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.
    "Data" means a representation of information, facts, knowledge, concepts, or instructions that:
        (1) may take any form, including computer printouts, magnetic storage media, punched cards, or stored memory;
        (2) has been prepared or is being prepared; and
        (3) has been processed, is being processed, or will be processed;
in a computer system or computer network.
    (b) A person who knowingly or intentionally alters or damages a computer program or data, which comprises a part of a computer system or computer network without the consent of the owner of the computer system or computer network commits computer tampering, a Class D felony. However, the offense is a:
        (1) Class C felony if the offense is committed for the purpose of terrorism; and
        (2) Class B felony if the offense is committed for the purpose of terrorism and results in serious bodily injury to a person.
SOURCE: IC 35-43-2-1; (12)IN0263.1.18. -->     SECTION 18. IC 35-43-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. A person who breaks and enters the building or structure of another person, with intent to commit theft or a felony in it, the building or structure, commits burglary, a Class C felony. However, the offense is:
        (1) a Class B felony if:
            (A) it is committed while armed with a deadly weapon; or
            (B) the building or structure is a:
                (i) dwelling; or
                (ii) structure used for religious worship; and
        (2) a Class A felony if it results in:
            (A) bodily injury; or
            (B) serious bodily injury;
        to any person other than a defendant.
SOURCE: IC 35-43-4-2; (12)IN0263.1.19. -->     SECTION 19. IC 35-43-4-2, AS AMENDED BY P.L.158-2009, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits

theft, a Class D felony. Class A misdemeanor, except as provided in subsections (b) and (c).
     (b) However, the offense An offense under subsection (a) is a Class D felony if:
        (1) the fair market value of the property is at least seven hundred fifty dollars ($750);
        (2) the item stolen was a firearm;
        (3) the person has a prior unrelated conviction for criminal conversion (IC 35-43-4-3, before its repeal) or theft; or
        (4) the:
            (A) person acquires the property by lease;
            (B) property is a motor vehicle;
            (C) person signs a written agreement to return the property to a specified location within a specified time; and
            (D) person fails to return the property:
                (i) not later than thirty (30) days after the specified time; or
                (ii) not later than three (3) days after a written demand for return of the property is personally served on the person or sent by registered mail to the person's address that is provided by the person in the written agreement.
    (c) An offense under subsection (a) is a
Class C felony if:
        (1) the fair market value of the property is at least one hundred fifty thousand dollars ($100,000); ($50,000); or
        (2) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:
            (A) relates to transportation safety;
            (B) relates to public safety; or
            (C) is taken from a:
                (i) hospital or other health care facility;
                (ii) telecommunications provider;
                (iii) public utility (as defined in IC 32-24-1-5.9(a)); or
                (iv) key facility;
        and the absence of the property creates a substantial risk of bodily injury to a person.
    (b) A person who knowingly or intentionally receives, retains, or disposes of the property of another person that has been the subject of theft commits receiving stolen property, a Class D felony. However, the offense is a Class C felony if:
        (1) the fair market value of the property is at least one hundred thousand dollars ($100,000); or
        (2) the property that is the subject of the theft is a valuable metal

(as defined in IC 25-37.5-1-1) and:
            (A) relates to transportation safety;
            (B) relates to public safety; or
            (C) is taken from a:
                (i) hospital or other health care facility;
                (ii) telecommunications provider;
                (iii) public utility (as defined in IC 32-24-1-5.9(a)); or
                (iv) key facility;
        and the absence of the property creates a substantial risk of bodily injury to a person.

SOURCE: IC 35-43-4-2.5; (12)IN0263.1.20. -->     SECTION 20. IC 35-43-4-2.5 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 2.5. (a) As used in this section, "motor vehicle" has the meaning set forth in IC 9-13-2-105(a).
    (b) A person who knowingly or intentionally exerts unauthorized control over the motor vehicle of another person, with intent to deprive the owner of:
        (1) the vehicle's value or use; or
        (2) a component part (as defined in IC 9-13-2-34) of the vehicle;
commits auto theft, a Class D felony. However, the offense is a Class C felony if the person has a prior conviction of an offense under this subsection or subsection (c).
    (c) A person who knowingly or intentionally receives, retains, or disposes of a motor vehicle or any part of a motor vehicle of another person that has been the subject of theft commits receiving stolen auto parts, a Class D felony. However, the offense is a Class C felony if the person has a prior conviction of an offense under this subsection or subsection (b).
SOURCE: IC 35-43-4-3; (12)IN0263.1.21. -->     SECTION 21. IC 35-43-4-3 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 3. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor.
    (b) The offense under subsection (a) is a Class D felony if committed by a person who exerts unauthorized control over the motor vehicle of another person with the intent to use the motor vehicle to assist the person in the commission of a crime.
    (c) The offense under subsection (a) is a Class C felony if:
        (1) committed by a person who exerts unauthorized control over the motor vehicle of another person; and
        (2) the person uses the motor vehicle to assist the person in the commission of a felony.
    (d) The offense under subsection (a) is a Class D felony if:
        (1) the person acquires the property by lease;
        (2) the property is a motor vehicle;
        (3) the person signs a written agreement to return the property to a specified location within a specified time; and
        (4) the person fails to return the property:
            (A) within thirty (30) days after the specified time; or
            (B) within three (3) days after a written demand for return of the property is either:
                (i) personally served on the person; or
                (ii) sent by registered mail to the person's address that is provided by the person in the written agreement.
SOURCE: IC 35-43-4-3.5; (12)IN0263.1.22. -->     SECTION 22. IC 35-43-4-3.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3.5. (a) If a person:
        (1) borrows any article which belongs to or is in the care of any library, gallery, museum, collection, or exhibition;
        (2) borrows the article under an agreement to return the article within a specified period of time; and
        (3) fails to return the article within that specified period of time;
then the lender shall comply with subsection (b).
    (b) If a person commits those acts specified in subsection (a), the lender shall:
        (1) send written notification of the violation of the agreement to the borrower;
        (2) attach a copy of this section to the notice;
        (3) include in the notice a request for return of the article within fifteen (15) days of receipt of the notice; and
        (4) mail the notice to the last known address of the borrower or deliver it to the borrower in person.
The lender shall send the notice required by this subsection by certified or registered mail, return receipt requested.
    (c) If the borrower willfully or knowingly fails to return the article, or reimburse the lender for the value of the article, within thirty (30) days of receipt of the notice required in subsection (b), he the borrower commits a Class C infraction.
    (d) A person who commits an offense under this section may not be charged with an offense under section 2 or 3 (before its repeal) of this chapter for the same act.
SOURCE: IC 35-43-4-8; (12)IN0263.1.23. -->     SECTION 23. IC 35-43-4-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) A conviction for an offense under section 2 of this chapter or section 3 of this chapter (before its repeal) that involves exerting unauthorized control over gasoline or motor vehicle fuel:
        (1) by operation of a motor vehicle to leave the premises of an

establishment at which gasoline or motor vehicle fuel is offered for sale after the gasoline or motor vehicle fuel has been dispensed into the fuel tank of the motor vehicle; and
        (2) without payment or authorization of payment by a credit card, debit card, charge card, or similar method of payment;
shall result in the suspension of the driving privileges of the person.
    (b) The court imposing a sentence for a violation under subsection (a) shall issue an order to the bureau of motor vehicles:
        (1) stating that the person has been convicted of an offense under section 2 of this chapter or section 3 of this chapter (before its repeal) involving the unauthorized taking of gasoline or motor vehicle fuel; and
        (2) ordering the suspension of the person's driving privileges under IC 9-25-6-21.
The suspension of a person's driving privileges under this section is in addition to other penalties prescribed by IC 35-50-3-2 for a Class A misdemeanor or by IC 35-50-2-7 for a Class D felony. IC 35-50.

SOURCE: IC 35-43-5-2; (12)IN0263.1.24. -->     SECTION 24. IC 35-43-5-2, AS AMENDED BY P.L.106-2006, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) A person who knowingly or intentionally:
        (1) makes or utters a written instrument in such a manner that it purports to have been made:
            (A) by another person;
            (B) at another time;
            (C) with different provisions; or
            (D) by authority of one who did not give authority; or
        (2) possesses more than one (1) written instrument knowing that the written instruments were made in a manner that they purport to have been made:
            (A) by another person;
            (B) at another time;
            (C) with different provisions; or
            (D) by authority of one who did not give authority;
commits counterfeiting, a Class D felony.
    (b) A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made:
        (1) by another person;
        (2) at another time;
        (3) with different provisions; or
        (4) by authority of one who did not give authority;
commits forgery, a Class C Class D felony.
    (c) This subsection applies to a person who applies for a driver's license (as defined in IC 9-13-2-48) or a state identification card (as issued under IC 9-24-16). A person who:
        (1) knowingly or intentionally uses a false or fictitious name or gives a false or fictitious address in an application for a driver's license or a state identification card or for a renewal or a duplicate of a driver's license or a state identification card; or
        (2) knowingly or intentionally makes a false statement or conceals a material fact or otherwise commits fraud in an application for a driver's license or a state identification card;
commits application fraud, a Class D felony.
    (d) This subsection applies to a person who applies for a state identification card (as issued under IC 9-24-16). A person who:
        (1) knowingly or intentionally uses false information in an application for an identification card or for a renewal or duplicate of an identification card; or
        (2) knowingly or intentionally makes a false statement or otherwise commits fraud in an application for an identification card;
commits application fraud, a Class D felony.
SOURCE: IC 35-43-5-3; (12)IN0263.1.25. -->     SECTION 25. IC 35-43-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) A person who:
        (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent;
        (2) knowingly or intentionally:
             (A) makes a false or intentionally misleading written statement; or
            (B) materially misrepresents:
                (i) the identity of the person or another person;
                (ii) a person as being a physician licensed under IC 25-22.5; or
                (iii) the identity or quality of property;
        
with intent to obtain property, employment, or an educational opportunity;
        (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted;
        (4) knowingly or intentionally, in the regular course of business, either:
            (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or
            (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity;
        (5) with intent to defraud another person furnishing:
             (A) electricity, gas, water, telecommunication, or any other utility service;
             (B) cable service;
            (C) Internet service; or
            (D) any service provided by cable, the Internet, or another telecommunication service;
        
avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service;
        (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property;
        (7) (6) with intent to defraud an owner of a coin machine, deposits a slug in that machine;
        (8) (7) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; or
        (9) (8) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;
        (10) with intent to defraud, misrepresents a person as being a physician licensed under IC 25-22.5; or
        (11) knowingly and intentionally defrauds another person furnishing cable TV service by avoiding paying compensation for that service by any scheme or device or by tampering with facilities or equipment of the person furnishing the service;
commits deception, a Class A misdemeanor.
     (b) A person who knowingly or intentionally falsely represents:
        (1) any entity as a disadvantaged business enterprise (as defined in IC 5-16-6.5-1) or a women owned business enterprise (as defined in IC 5-16-6.5-3) in order to qualify for certification as such an enterprise under a program conducted by a public agency (as defined in IC 5-16-6.5-2) designed to assist disadvantaged business enterprises or women owned business enterprises in obtaining contracts with

public agencies for the provision of goods and services; or
        (2) an entity with which the person will subcontract all or part of a contract with a public agency (as defined in IC 5-16-6.5-2) as a disadvantaged business enterprise (as defined in IC 5-16-6.5-1) or a women owned enterprise (as defined in IC 5-16-16.5-3) in order to qualify for certification as an eligible bidder under a program conducted by a public agency designed to assist disadvantaged business enterprises or women owned enterprises in obtaining contracts with public agencies for the provision of goods and services;
commits a business enterprise deception, a Class D felony.

     (c) A person who knowingly or intentionally provides false information to a governmental entity to obtain a contract from the governmental entity commits a Class A misdemeanor. However, the offense is a Class D felony if the provision of false information results in financial loss to the governmental entity.
    (b) (d) In determining whether an advertisement is false, misleading, or deceptive under subsection (a)(9), (a)(8), there shall be considered, among other things, not only representations contained or suggested in the advertisement, by whatever means, including device or sound, but also the extent to which the advertisement fails to reveal material facts in the light of the representations.

SOURCE: IC 35-43-5-4.5; (12)IN0263.1.26. -->     SECTION 26. IC 35-43-5-4.5, AS ADDED BY P.L.181-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4.5. (a) A person who, knowingly and with intent to defraud:
        (1) makes, utters, presents, or causes to be presented to an insurer or an insurance claimant, a claim statement that contains false, incomplete, or misleading information concerning the claim;
        (2) presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, an oral, a written, or an electronic statement that the person knows to contain materially false information as part of, in support of, or concerning a fact that is material to:
            (A) the rating of an insurance policy;
            (B) a claim for payment or benefit under an insurance policy;
            (C) premiums paid on an insurance policy;
            (D) payments made in accordance with the terms of an insurance policy;
            (E) an application for a certificate of authority;
            (F) the financial condition of an insurer; or
            (G) the acquisition of an insurer;
        or conceals any information concerning a subject set forth in clauses (A) through (G);
        (3) solicits or accepts new or renewal insurance risks by or for an insolvent insurer or other entity regulated under IC 27;
        (4) removes:
            (A) the assets;
            (B) the record of assets, transactions, and affairs; or
            (C) a material part of the assets or the record of assets, transactions, and affairs;
        of an insurer or another entity regulated under IC 27, from the home office, other place of business, or place of safekeeping of the insurer or other regulated entity, or conceals or attempts to conceal from the department of insurance assets or records referred to in clauses (A) through (B); or
        (5) diverts funds of an insurer or another person in connection with:
            (A) the transaction of insurance or reinsurance;
            (B) the conduct of business activities by an insurer or another entity regulated under IC 27; or
            (C) the formation, acquisition, or dissolution of an insurer or another entity regulated under IC 27;
commits insurance fraud. Except as provided in subsection (b), insurance fraud is a Class D felony.
    (b) An offense described in subsection (a) is a Class C felony if:
        (1) the person who commits the offense has a prior unrelated conviction under this section; or
        (2) the:
            (A) value of property, services, or other benefits obtained or attempted to be obtained by the person as a result of the offense; or
            (B) economic loss suffered by another person as a result of the offense;
        is at least two thousand five hundred dollars ($2,500). fifty thousand dollars ($50,000).
    (c) A person who knowingly and with intent to defraud makes a material misstatement in support of an application for the issuance of an insurance policy commits insurance application fraud, a Class A misdemeanor.
SOURCE: IC 35-43-5-5; (12)IN0263.1.27. -->     SECTION 27. IC 35-43-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) A person who knowingly or intentionally issues or delivers a check, a draft, or an order on a credit institution for the payment of or to acquire money or

other property, knowing that it will not be paid or honored by the credit institution upon presentment in the usual course of business, commits check deception, a Class A misdemeanor. However, the offense is a Class D felony if the amount of the check, draft, or order is at least two thousand five hundred seven hundred fifty dollars ($2,500) and the property acquired by the person was a motor vehicle. ($750).
    (b) An unpaid and dishonored check, a draft, or an order that has the drawee's refusal to pay and reason printed, stamped, or written on or attached to it constitutes prima facie evidence:
        (1) that due presentment of it was made to the drawee for payment and dishonor thereof; and
        (2) that it properly was dishonored for the reason stated.
    (c) The fact that a person issued or delivered a check, a draft, or an order, payment of which was refused by the drawee, constitutes prima facie evidence that the person knew that it would not be paid or honored. In addition, evidence that a person had insufficient funds in or no account with a drawee credit institution constitutes prima facie evidence that the person knew that the check, draft, or order would not be paid or honored.
    (d) The following two (2) items constitute prima facie evidence of the identity of the maker of a check, draft, or order if at the time of its acceptance they are obtained and recorded, either on the check, draft, or order itself or on file, by the payee:
        (1) Name and residence, business, or mailing address of the maker.
        (2) Motor vehicle operator's license number, Social Security number, home telephone number, or place of employment of the maker.
    (e) It is a defense under subsection (a) if a person who:
        (1) has an account with a credit institution but does not have sufficient funds in that account; and
        (2) issues or delivers a check, a draft, or an order for payment on that credit institution;
pays the payee or holder the amount due, together with protest fees and any service fee or charge, which may not exceed the greater of twenty-seven dollars and fifty cents ($27.50) or five percent (5%) (but not more than two hundred fifty dollars ($250)) of the amount due, that may be charged by the payee or holder, within ten (10) days after the date of mailing by the payee or holder of notice to the person that the check, draft, or order has not been paid by the credit institution. Notice sent in the manner set forth in IC 26-2-7-3 constitutes notice to the person that the check, draft, or order has not been paid by the credit

institution. The payee or holder of a check, draft, or order that has been dishonored incurs no civil or criminal liability for sending notice under this subsection.
    (f) A person does not commit a crime under subsection (a) when:
        (1) the payee or holder knows that the person has insufficient funds to ensure payment or that the check, draft, or order is postdated; or
        (2) insufficiency of funds or credit results from an adjustment to the person's account by the credit institution without notice to the person.

SOURCE: IC 35-43-5-7; (12)IN0263.1.28. -->     SECTION 28. IC 35-43-5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) A person who knowingly or intentionally:
        (1) obtains public relief or assistance by means of impersonation, fictitious transfer, false or misleading oral or written statement, fradulent fraudulent conveyance, or other fraudulent means;
        (2) acquires, possesses, uses, transfers, sells, trades, issues, or disposes of:
            (A) an authorization document to obtain public relief or assistance; or
            (B) public relief or assistance;
        except as authorized by law;
        (3) uses, transfers, acquires, issues, or possesses a blank or incomplete authorization document to participate in public relief or assistance programs, except as authorized by law;
        (4) counterfeits or alters an authorization document to receive public relief or assistance, or knowingly uses, transfers, acquires, or possesses a counterfeit or altered authorization document to receive public relief or assistance; or
        (5) conceals information for the purpose of receiving public relief or assistance to which he the person is not entitled;
commits welfare fraud, a Class A misdemeanor, except as provided in subsection (b).
    (b) The offense is:
        (1) a Class D felony if
            (A) the amount of public relief or assistance involved is more than two hundred fifty dollars ($250) seven hundred fifty dollars ($750) but less than two thousand five hundred dollars ($2,500); or
            (B) the amount involved is not more than two hundred fifty dollars ($250) and the person has a prior conviction of welfare fraud under this section; fifty thousand dollars ($50,000);

and
        (2) a Class C felony if the amount of public relief or assistance involved is two thousand five hundred dollars ($2,500) or more, regardless of whether the person has a prior conviction of welfare fraud under this section. at least fifty thousand dollars ($50,000).
    (c) Whenever a person is convicted of welfare fraud under this section, the clerk of the sentencing court shall certify to the appropriate state agency and the appropriate agency of the county of the defendant's residence:
        (1) his the person's conviction; and
        (2) whether the defendant is placed on probation and restitution is ordered under IC 35-38-2.

SOURCE: IC 35-43-5-7.1; (12)IN0263.1.29. -->     SECTION 29. IC 35-43-5-7.1, AS AMENDED BY P.L.1-2006, SECTION 531, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7.1. (a) Except as provided in subsection (b), a person who knowingly or intentionally:
        (1) files a Medicaid claim, including an electronic claim, in violation of IC 12-15;
        (2) obtains payment from the Medicaid program under IC 12-15 by means of a false or misleading oral or written statement or other fraudulent means;
        (3) acquires a provider number under the Medicaid program except as authorized by law;
        (4) alters with the intent to defraud or falsifies documents or records of a provider (as defined in 42 CFR 1000.30) that are required to be kept under the Medicaid program; or
        (5) conceals information for the purpose of applying for or receiving unauthorized payments from the Medicaid program;
commits Medicaid fraud, a Class D felony.
    (b) The offense described in subsection (a) is a Class C felony if the fair market value of the offense is at least one hundred thousand dollars ($100,000). fifty thousand dollars ($50,000).
SOURCE: IC 35-43-5-7.2; (12)IN0263.1.30. -->     SECTION 30. IC 35-43-5-7.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7.2. (a) Except as provided in subsection (b), a person who knowingly or intentionally:
        (1) files a children's health insurance program claim, including an electronic claim, in violation of IC 12-17.6;
        (2) obtains payment from the children's health insurance program under IC 12-17.6 by means of a false or misleading oral or written statement or other fraudulent means;
        (3) acquires a provider number under the children's health

insurance program except as authorized by law;
        (4) alters with intent to defraud or falsifies documents or records of a provider (as defined in 42 CFR 1002.301) that are required to be kept under the children's health insurance program; or
        (5) conceals information for the purpose of applying for or receiving unauthorized payments from the children's health insurance program;
commits insurance fraud, a Class D felony.
    (b) The offense described in subsection (a) is a Class C felony if the fair market value of the offense is at least one hundred thousand dollars ($100,000). fifty thousand dollars ($50,000).

SOURCE: IC 35-43-5-8; (12)IN0263.1.31. -->     SECTION 31. IC 35-43-5-8, AS AMENDED BY P.L.57-2006, SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) A person who knowingly executes, or attempts to execute, a scheme or artifice:
        (1) to defraud a state or federally chartered or federally insured financial institution; or
        (2) to obtain any of the money, funds, credits, assets, securities, or other property owned by or under the custody or control of a state or federally chartered or federally insured financial institution by means of false or fraudulent pretenses, representations, or promises;
commits bank fraud, a Class C Class D felony. However, the offense is a Class C felony if the total amount of property obtained is at least fifty thousand dollars ($50,000).
    (b) As used in this section, the term "state or federally chartered or federally insured financial institution" means:
        (1) an institution with accounts insured by the Federal Deposit Insurance Corporation;
        (2) a credit union with accounts insured by the National Credit Union Administration Board;
        (3) a federal home loan bank or a member, as defined in Section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), as in effect on December 31, 1990, of the Federal Home Loan Bank System; or
        (4) a bank, banking association, land bank, intermediate credit bank, bank for cooperatives, production credit association, land bank association, mortgage association, trust company, savings bank, or other banking or financial institution organized or operating under the laws of the United States or of the state.
The term does not include a lender licensed under IC 24-4.5.
SOURCE: IC 35-43-5-9; (12)IN0263.1.32. -->     SECTION 32. IC 35-43-5-9 IS REPEALED [EFFECTIVE JULY 1,

2012]. Sec. 9. (a) A person who knowingly or intentionally falsely represents any entity as a disadvantaged business enterprise (as defined in IC 5-16-6.5-1) or a women owned business enterprise (as defined in IC 5-16-6.5-3) in order to qualify for certification as such an enterprise under a program conducted by a public agency (as defined in IC 5-16-6.5-2) designed to assist disadvantaged business enterprises or women owned business enterprises in obtaining contracts with public agencies for the provision of goods and services commits a Class D felony.
    (b) A person who knowingly or intentionally falsely represents an entity with which the person will subcontract all or part of a contract with a public agency (as defined in IC 5-16-6.5-2) as a disadvantaged business enterprise (as defined in IC 5-16-6.5-1) or a women owned enterprise (as defined in IC 5-16-16.5-3) in order to qualify for certification as an eligible bidder under a program conducted by a public agency designed to assist disadvantaged business enterprises or women owned enterprises in obtaining contracts with public agencies for the provision of goods and services commits a Class D felony.

SOURCE: IC 35-43-5-11; (12)IN0263.1.33. -->     SECTION 33. IC 35-43-5-11 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 11. A person who knowingly or intentionally provides false information to a governmental entity to obtain a contract from the governmental entity commits a Class A misdemeanor. However, the offense is a Class D felony if the provision of false information results in financial loss to the governmental entity.
SOURCE: IC 35-43-5-12; (12)IN0263.1.34. -->     SECTION 34. IC 35-43-5-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. (a) As used in this section, "financial institution" refers to a state or federally chartered bank, savings bank, savings association, or credit union.
    (b) A person who knowingly or intentionally obtains property, through a scheme or artifice, with intent to defraud:
        (1) by issuing or delivering a check, a draft, an electronic debit, or an order on a financial institution:
            (A) knowing that the check, draft, order, or electronic debit will not be paid or honored by the financial institution upon presentment in the usual course of business;
            (B) using false or altered evidence of identity or residence;
            (C) using a false or an altered account number; or
            (D) using a false or an altered check, draft, order, or electronic instrument;
        (2) by:
            (A) depositing the minimum initial deposit required to open an account; and
            (B) either making no additional deposits or making insufficient additional deposits to insure debits to the account; or
        (3) by opening accounts with more than one (1) financial institution in either a consecutive or concurrent time period;
commits check fraud, a Class D felony. However, the offense is a Class C felony if the person has a prior unrelated conviction under this section or the aggregate amount of property obtained is at least twenty-five thousand dollars ($25,000). fifty thousand dollars ($50,000).
SOURCE: IC 35-43-5-18; (12)IN0263.1.35. -->     SECTION 35. IC 35-43-5-18, AS ADDED BY P.L.171-2005, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 18. (a) A person who knowingly or intentionally possesses a:
        (1) device; or
        (2) substance;
designed or intended to be used to interfere with a drug or alcohol screening test commits possession of a device or substance used to interfere with a drug or alcohol screening test, a Class B misdemeanor.
     (b) A person who interferes with or attempts to interfere with a drug or alcohol screening test by:
        (1) using a:
            (A) device; or
            (B) substance;
        (2) substituting a human bodily substance that is tested in a drug or alcohol screening test; or
        (3) adulterating a substance used in a drug or alcohol screening test;
commits interfering with a drug or alcohol screening test, a Class B misdemeanor.

SOURCE: IC 35-43-5-19; (12)IN0263.1.36. -->     SECTION 36. IC 35-43-5-19 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 19. A person who interferes with or attempts to interfere with a drug or alcohol screening test by:
        (1) using a:
            (A) device; or
            (B) substance;
        (2) substituting a human bodily substance that is tested in a drug or alcohol screening test; or
        (3) adulterating a substance used in a drug or alcohol screening test;
commits interfering with a drug or alcohol screening test, a Class B misdemeanor.
SOURCE: IC 35-43-5-20; (12)IN0263.1.37. -->     SECTION 37. IC 35-43-5-20, AS ADDED BY P.L.81-2008,

SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 20. (a) As used in this section, "inmate" means a person who is confined in:
        (1) the custody of:
            (A) the department of correction; or
            (B) a sheriff;
        (2) a county jail; or
        (3) a secure juvenile facility.
    (b) An inmate in pretrial status who, with the intent of obtaining money or other property from a person who is not an inmate, knowingly or intentionally:
        (1) makes a misrepresentation to a person who is not an inmate and obtains or attempts to obtain money or other property from the person who is not an inmate; or
        (2) obtains or attempts to obtain money or other property from the person who is not an inmate through a misrepresentation made by another person;
commits inmate fraud, a Class C Class D felony. However, the offense is a Class C felony if the inmate is serving the sentence for a crime of which the inmate has been convicted, or if the value of the property that was the subject of the fraud was at least fifty thousand dollars ($50,000).