Introduced Version
SENATE BILL No. 580
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-7-3; IC 9-24-6-8; IC 9-30-5; IC 11-12-3.7-3;
IC 15-11-6.5; IC 16-31-3; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
IC 34-24-1-1; IC 35-31.5-2; IC 35-45-6-1; IC 35-48-4; IC 35-50-2-10;
IC 35-50-5-3.
Synopsis: Marijuana. Provides that operating a vehicle with an
inactive metabolite of marijuana, hashish, or hash oil in one's body
does not violate the impaired driving laws. Authorizes the licensed
cultivation and production of industrial hemp in accordance with rules
adopted by the department of agriculture. Makes possession of less
than two ounces of marijuana a Class C infraction. Makes possession
of more than two ounces of marijuana a Class B misdemeanor, and
makes the offense a Class A misdemeanor if the person has two or
more prior convictions involving marijuana in the past five years.
Requires a court to suspend a sentence imposed for possession of
marijuana if the person does not have a previous conviction involving
marijuana in the past five years, and requires a court to defer a sentence
if the person pleads guilty to misdemeanor possession of marijuana.
Makes the sale or delivery of more than two ounces of marijuana a
Class A misdemeanor, and makes the offense a Class D or Class C
felony under certain circumstances. Provides a defense if a person who
delivers under ten pounds of marijuana does so for no consideration.
Makes the public use or display of marijuana a Class B misdemeanor,
and makes the offense a Class A misdemeanor if the person has two or
more prior convictions for an offense involving marijuana in the past
five years. Reduces the penalty for maintaining a common nuisance to
a Class A misdemeanor if the only unlawful controlled substances
involved were marijuana, hashish, or hash oil. Allows certain persons
convicted of dealing in marijuana as a misdemeanor to participate in a
forensic diversion program. Repeals the controlled substance excise
tax. Makes conforming amendments.
Effective: July 1, 2013.
Tallian
January 15, 2013, read first time and referred to Committee on Corrections & Criminal
Law.
Introduced
First Regular Session 118th General Assembly (2013)
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
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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
this style type or
this style type reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.
SENATE BILL No. 580
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 6-7-3; (13)IN0580.1.1. -->
SECTION 1. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2013].
(Controlled Substance Excise Tax).
SOURCE: IC 9-24-6-8; (13)IN0580.1.2. -->
SECTION 2. IC 9-24-6-8, AS AMENDED BY P.L.125-2012,
SECTION 192, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 8. The following, if committed
while driving a commercial motor vehicle or while holding any class
of commercial driver's license or permit, are disqualifying offenses:
(1) Operating a vehicle while under the influence of alcohol in
violation of IC 9-30-5-1(a), IC 9-30-5-1(b), or section 15 of this
chapter.
(2) Operating a vehicle while under the influence of a controlled
substance or marijuana in violation of IC 9-30-5-1(c) or
IC 9-30-5-1(d).
(3) Leaving the scene of an accident involving the driver's
commercial motor vehicle in violation of IC 9-26-1.
(4) Conviction of a felony involving the use of a commercial
motor vehicle other than a felony described in subdivision (5).
(5) Use of a commercial motor vehicle in the commission of a
felony under IC 35-48 involving manufacturing, distributing, or
dispensing of a controlled substance.
(6) Violation of IC 9-30-5-2 through IC 9-30-5-8 involving
operating a vehicle while intoxicated.
(7) Refusing to undergo testing for the enforcement of
IC 9-30-5-1 or section 15 of this chapter.
SOURCE: IC 9-30-5-1; (13)IN0580.1.3. -->
SECTION 3. IC 9-30-5-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. (a) A person who operates a
vehicle with an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol but less than
fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class C misdemeanor.
(b) A person who operates a vehicle with an alcohol concentration
equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class A misdemeanor.
(c) This subsection does not apply to marijuana, hashish, or
hash oil. A person who operates a vehicle with a controlled substance
listed in schedule I or II of IC 35-48-2 or its metabolite in the person's
body commits a Class C misdemeanor.
(d) A person who operates a vehicle with marijuana, hashish,
hash oil, or an active metabolite of marijuana, hashish, or hash oil
in the person's body commits a Class C misdemeanor.
(d) (e) It is a defense to subsection (c) or (d) that the accused person
consumed the controlled substance under a valid prescription or order
of a practitioner (as defined in IC 35-48-1) who acted in the course of
the practitioner's professional practice.
SOURCE: IC 9-30-5-4; (13)IN0580.1.4. -->
SECTION 4. IC 9-30-5-4, AS AMENDED BY P.L.125-2012,
SECTION 335, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4.(a) A person who causes serious
bodily injury to another person when operating a vehicle: does any of
the following commits a Class D felony:
(1) Causes serious bodily injury to another person when
operating a vehicle with an alcohol concentration equivalent to
at least eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath.
(2) Causes serious bodily injury to another person when
operating a vehicle with a controlled substance listed in schedule
I or II of IC 35-48-2 or its metabolite in the person's body. or This
subdivision does not apply if the controlled substance is
marijuana, hashish, or hash oil.
(3) Causes serious bodily injury to another person when
operating a vehicle with marijuana, hashish, hash oil, or an
active metabolite of marijuana, hashish, or hash oil in the
person's body.
(3) (4) Causes serious bodily injury to another person when
operating a vehicle while intoxicated.
commits a Class D felony. However, the offense is a Class C felony if
the person has a previous conviction of operating while intoxicated
within the five (5) years preceding the commission of the offense.
(b) A person who violates subsection (a) commits a separate offense
for each person whose serious bodily injury is caused by the violation
of subsection (a).
(c) It is a defense under subsection (a)(2) that the accused person
consumed the controlled substance under a valid prescription or order
of a practitioner (as defined in IC 35-48-1) who acted in the course of
the practitioner's professional practice.
SOURCE: IC 9-30-5-5; (13)IN0580.1.5. -->
SECTION 5. IC 9-30-5-5, AS AMENDED BY P.L.125-2012,
SECTION 336, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. (a) A person who causes the
death of another person when operating a vehicle: does any of the
following commits a Class C felony:
(1) Causes the death of another person when operating a
vehicle with an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath.
(2) Causes the death of another person when operating a
vehicle with a controlled substance listed in schedule I or II of
IC 35-48-2 or its metabolite in the person's blood. or This
subdivision does not apply if the controlled substance is
marijuana, hashish, or hash oil.
(3) Causes the death of another person when operating a
vehicle with marijuana, hashish, hash oil, or an active
metabolite of marijuana, hashish, or hash oil in the person's
body.
(3) (4) Causes the death of another person when operating a
vehicle while intoxicated.
commits a Class C felony. However, the offense is a Class B felony if
the person has a previous conviction of operating while intoxicated
within the five (5) years preceding the commission of the offense, or if
the person operated the vehicle when the person knew that the person's
driver's license, driving privilege, or permit is suspended or revoked for
a previous conviction for operating a vehicle while intoxicated.
(b) A person at least twenty-one (21) years of age who causes the
death of another person when operating a vehicle: does any of the
following commits a Class B felony:
(1) Causes the death of another person when operating a
motor vehicle with an alcohol concentration equivalent to at least
fifteen-hundredths (0.15) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath. or
(2) Causes the death of another person when operating a
vehicle with a controlled substance listed in schedule I or II of
IC 35-48-2 or its metabolite in the person's blood. This
subdivision does not apply if the controlled substance is
marijuana, hashish, or hash oil.
(3) Causes the death of another person when operating a
vehicle with marijuana, hashish, hash oil, or an active
metabolite of marijuana, hashish, or hash oil in the person's
body.
commits a Class B felony.
(c) A person who causes the death of a law enforcement animal (as
defined in IC 35-46-3-4.5) when operating a vehicle: does any of the
following commits a Class D felony:
(1) Causes the death of a law enforcement animal (as defined
in IC 35-46-3-4.5) when operating a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram
of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath. or
(2) Causes the death of a law enforcement animal (as defined
in IC 35-46-3-4.5) when operating a vehicle with a controlled
substance listed in schedule I or II of IC 35-48-2 or its metabolite
in the person's blood. This subdivision does not apply if the
controlled substance is marijuana, hashish, or hash oil.
(3) Causes the death of a law enforcement animal (as defined
in IC 35-46-3-4.5) when operating a vehicle with marijuana,
hashish, hash oil, or an active metabolite of marijuana,
hashish, or hash oil in the person's body.
commits a Class D felony.
(d) A person who violates subsection (a), (b), or (c) commits a
separate offense for each person or law enforcement animal whose
death is caused by the violation of subsection (a), (b), or (c).
(e) It is a defense under subsection (a)(2), (b)(2), or (c)(2) that the
accused person consumed the controlled substance under a valid
prescription or order of a practitioner (as defined in IC 35-48-1) who
acted in the course of the practitioner's professional practice.
SOURCE: IC 11-12-3.7-3; (13)IN0580.1.6. -->
SECTION 6. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. As used in this chapter, "drug dealing offense"
means one (1) or more of the following offenses:
(1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
the person received only minimal consideration as a result of the
drug transaction.
(2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
person received only minimal consideration as a result of the drug
transaction.
(3) Dealing in a schedule I, II, III, IV, or V controlled substance
(IC 35-48-4-2 through IC 35-48-4-4), unless the person received
only minimal consideration as a result of the drug transaction.
(4) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic
cannabinoid (IC 35-48-4-10), unless the person received only
minimal consideration as a result of the drug transaction.
(5) Dealing in marijuana (IC 35-48-4-10.1) as a felony, unless
the person received only minimal consideration as a result of
the drug transaction.
SOURCE: IC 15-11-6.5; (13)IN0580.1.7. -->
SECTION 7. IC 15-11-6.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]:
Chapter 6.5. Industrial Hemp
Sec. 1. The following terms apply throughout this chapter:
(1) "Agricultural hemp seed" means Cannabis sativa seed
that meets any labeling, quality, and other standards set by
the department and that is intended for sale or is sold to, or
purchased by, licensed growers for planting.
(2) "Crop" means any contiguous field of industrial hemp
grown under a single license.
(3) "Grower" means a person, joint venture, or cooperative
that produces industrial hemp.
(4) "Handler" means a person, joint venture, or cooperative
that receives industrial hemp for scientific research, or for
processing into commodities, products, or agricultural hemp
seed.
(5) "Industrial hemp" means:
(A) all nonseed parts and varieties of the Cannabis sativa
plant, whether growing or not, that contain a crop-wide
average tetrahydrocannabinol concentration that does not
exceed three-tenths of one percent (0.3%) on a dry weight
basis; or
(B) any Cannabis sativa seed that is:
(i) part of a growing crop;
(ii) retained by a grower for future planting; or
(iii) for processing into, or use as, agricultural hemp
seed.
The term does not include industrial hemp commodities or
products.
Sec. 2. (a) The production of, possession of, scientific study of,
and commerce in industrial hemp is authorized in Indiana.
Industrial hemp is an agricultural product that is subject to
regulation by the department.
(b) All growers and handlers must have an industrial hemp
license issued by the department. Growers and handlers engaged
in the production of agricultural hemp seed must also have an
agricultural hemp seed production permit.
(c) An application for an industrial hemp license or agricultural
hemp seed production permit must include the following:
(1) The name and address of the applicant.
(2) The name and address of the industrial hemp operation of
the applicant.
(3) The global positioning system coordinates and legal
description for the property used for the industrial hemp
operation.
(4) If the industrial hemp license or agricultural hemp seed
production permit application is made by a grower,
information sufficient to establish that the industrial hemp
crop of the applicant will be at least two and one-half (2 1/2)
acres in size.
(5) Any other information required by the department.
(d) An industrial hemp license or agricultural hemp seed
production permit is valid for a three (3) year term unless revoked.
The license or permit may be renewed in accordance with rules
adopted by the department. An industrial hemp license or
agricultural hemp seed production permit is nontransferable.
(e) An agricultural hemp seed production permit authorizes a
grower or handler to produce and handle agricultural hemp seed
for sale to licensed industrial hemp growers and handlers. A seller
of agricultural hemp seed shall ensure that the seed complies with
any standards set by the department. The department shall make
available to growers information that identifies sellers of
agricultural hemp seed.
(f) Subject to department guidelines, a grower may retain seed
from each industrial hemp crop to ensure a sufficient supply of
seed for that grower for the following year. A grower does not need
an agricultural hemp seed production permit in order to retain
seed for future planting. Seed retained by a grower may not be sold
or transferred and is not required to meet the department's
agricultural hemp seed standards.
(g) Every grower or handler must keep records in accordance
with rules adopted by the department. Upon at least three (3) days
notice, the department may audit the required records during
normal business hours. The department may conduct an audit for
the purpose of ensuring compliance with:
(1) this chapter;
(2) rules adopted by the department; or
(3) industrial hemp license or agricultural hemp seed
production permit requirements, terms, or conditions.
(h) In addition to an audit conducted in accordance with
subsection (g), the department may inspect any industrial hemp
crop during the crop's growth phase and take a representative
composite sample for field analysis. If a crop contains an average
tetrahydrocannabinol concentration exceeding three-tenths of one
percent (0.3%) on a dry weight basis, the department may detain,
seize, or embargo the crop.
(i) The department may charge growers and handlers a
reasonable fee as determined by the department.
Sec. 3. (a) In addition to any other liability or penalty provided
by law, the department may revoke or refuse to issue or renew an
industrial hemp license or an agricultural hemp seed production
permit and may impose a civil penalty for a violation of:
(1) a license or permit requirement;
(2) license or permit terms or conditions; or
(3) a rule relating to growing or handling industrial hemp.
(b) The department may not impose a civil penalty under this
section that exceeds two thousand five hundred dollars ($2,500).
(c) The department may revoke or refuse to issue or renew an
industrial hemp license or an agricultural hemp seed production
permit for a violation of any rule of the department that pertains
to agricultural operations or activities other than industrial hemp
growing or handling.
SOURCE: IC 16-31-3-14; (13)IN0580.1.8. -->
SECTION 8. IC 16-31-3-14, AS AMENDED BY P.L.77-2012,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 14. (a) A person holding a certificate or license
issued under this article must comply with the applicable standards and
rules established under this article. A certificate holder or license
holder is subject to disciplinary sanctions under subsection (b) if the
department of homeland security determines that the certificate holder
or license holder:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a certificate or license, including
cheating on a certification or licensure examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses required under this article or rules adopted
under this article;
(5) is convicted of a crime, if the act that resulted in the
conviction has a direct bearing on determining if the certificate
holder or license holder should be entrusted to provide emergency
medical services;
(6) is convicted of violating IC 9-19-14.5;
(7) fails to comply and maintain compliance with or violates any
applicable provision, standard, or other requirement of this article
or rules adopted under this article;
(8) continues to practice if the certificate holder or license holder
becomes unfit to practice due to:
(A) professional incompetence that includes the undertaking
of professional activities that the certificate holder or license
holder is not qualified by training or experience to undertake;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or dependency on alcohol or other
drugs that endanger the public by impairing the certificate
holder's or license holder's ability to practice safely;
(9) engages in a course of lewd or immoral conduct in connection
with the delivery of services to the public;
(10) allows the certificate holder's or license holder's name or a
certificate or license issued under this article to be used in
connection with a person who renders services beyond the scope
of that person's training, experience, or competence;
(11) is subjected to disciplinary action in another state or
jurisdiction on grounds similar to those contained in this chapter.
For purposes of this subdivision, a certified copy of a record of
disciplinary action constitutes prima facie evidence of a
disciplinary action in another jurisdiction;
(12) assists another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
or
(13) allows a certificate or license issued by the commission to
be:
(A) used by another person; or
(B) displayed to the public when the certificate or license is
expired, inactive, invalid, revoked, or suspended.
(b) The department of homeland security may issue an order under
IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
the department of homeland security determines that a certificate
holder or license holder is subject to disciplinary sanctions under
subsection (a):
(1) Revocation of a certificate holder's certificate or license
holder's license for a period not to exceed seven (7) years.
(2) Suspension of a certificate holder's certificate or license
holder's license for a period not to exceed seven (7) years.
(3) Censure of a certificate holder or license holder.
(4) Issuance of a letter of reprimand.
(5) Assessment of a civil penalty against the certificate holder or
license holder in accordance with the following:
(A) The civil penalty may not exceed five hundred dollars
($500) per day per violation.
(B) If the certificate holder or license holder fails to pay the
civil penalty within the time specified by the department of
homeland security, the department of homeland security may
suspend the certificate holder's certificate or license holder's
license without additional proceedings.
(6) Placement of a certificate holder or license holder on
probation status and requirement of the certificate holder or
license holder to:
(A) report regularly to the department of homeland security
upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the department
of homeland security;
(C) continue or renew professional education approved by the
department of homeland security until a satisfactory degree of
skill has been attained in those areas that are the basis of the
probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department of homeland security considers appropriate to
the public interest or to the rehabilitation or treatment of the
certificate holder or license holder.
The department of homeland security may withdraw or modify
this probation if the department of homeland security finds after
a hearing that the deficiency that required disciplinary action is
remedied or that changed circumstances warrant a modification
of the order.
(c) If an applicant or a certificate holder or license holder has
engaged in or knowingly cooperated in fraud or material deception to
obtain a certificate or license, including cheating on the certification or
licensure examination, the department of homeland security may
rescind the certificate or license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
applicant from reapplying for the certificate or license for a length of
time established by the department of homeland security.
(d) The department of homeland security may deny certification or
licensure to an applicant who would be subject to disciplinary sanctions
under subsection (b) if that person were a certificate holder or license
holder, has had disciplinary action taken against the applicant or the
applicant's certificate or license to practice in another state or
jurisdiction, or has practiced without a certificate or license in violation
of the law. A certified copy of the record of disciplinary action is
conclusive evidence of the other jurisdiction's disciplinary action.
(e) The department of homeland security may order a certificate
holder or license holder to submit to a reasonable physical or mental
examination if the certificate holder's or license holder's physical or
mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department of
homeland security order to submit to a physical or mental examination
makes a certificate holder or license holder liable to temporary
suspension under subsection (i).
(f) Except as provided under subsection (a), subsection (g), and
section 14.5 of this chapter, a certificate or license may not be denied,
revoked, or suspended because the applicant, certificate holder, or
license holder has been convicted of an offense. The acts from which
the applicant's, certificate holder's, or license holder's conviction
resulted may be considered as to whether the applicant or certificate
holder or license holder should be entrusted to serve the public in a
specific capacity.
(g) The department of homeland security may deny, suspend, or
revoke a certificate or license issued under this article if the individual
who holds or is applying for the certificate or license is convicted of
any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(5) Manufacture of paraphernalia as a Class D felony under
IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(8) Possession of
marijuana, hash oil, hashish, salvia, or a
synthetic drug as a Class D felony under IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (10).
(13) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described by subdivisions (1)
through (12).
(h) A decision of the department of homeland security under
subsections (b) through (g) may be appealed to the commission under
IC 4-21.5-3-7.
(i) The department of homeland security may temporarily suspend
a certificate holder's certificate or license holder's license under
IC 4-21.5-4 before a final adjudication or during the appeals process if
the department of homeland security finds that a certificate holder or
license holder would represent a clear and immediate danger to the
public's health, safety, or property if the certificate holder or license
holder were allowed to continue to practice.
(j) On receipt of a complaint or information alleging that a person
certified or licensed under this chapter or IC 16-31-3.5 has engaged in
or is engaging in a practice that is subject to disciplinary sanctions
under this chapter, the department of homeland security must initiate
an investigation against the person.
(k) The department of homeland security shall conduct a factfinding
investigation as the department of homeland security considers proper
in relation to the complaint.
(l) The department of homeland security may reinstate a certificate
or license that has been suspended under this section if the department
of homeland security is satisfied that the applicant is able to practice
with reasonable skill, competency, and safety to the public. As a
condition of reinstatement, the department of homeland security may
impose disciplinary or corrective measures authorized under this
chapter.
(m) The department of homeland security may not reinstate a
certificate or license that has been revoked under this chapter.
(n) The department of homeland security must be consistent in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department of homeland security's findings or orders.
(o) A certificate holder may not surrender the certificate holder's
certificate, and a license holder may not surrender the license holder's
license, without the written approval of the department of homeland
security, and the department of homeland security may impose any
conditions appropriate to the surrender or reinstatement of a
surrendered certificate or license.
(p) For purposes of this section, "certificate holder" means a person
who holds:
(1) an unlimited certificate;
(2) a limited or probationary certificate; or
(3) an inactive certificate.
(q) For purposes of this section, "license holder" means a person
who holds:
(1) an unlimited license;
(2) a limited or probationary license; or
(3) an inactive license.
SOURCE: IC 16-31-3-14.5; (13)IN0580.1.9. -->
SECTION 9. IC 16-31-3-14.5, AS AMENDED BY P.L.77-2012,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 14.5. The department of homeland security may
issue an order under IC 4-21.5-3-6 to deny an applicant's request for
certification or licensure or permanently revoke a certificate or license
under procedures provided by section 14 of this chapter if the
individual who holds the certificate or license issued under this title is
convicted of any of the following:
(1) Dealing in or manufacturing cocaine or a narcotic drug under
IC 35-48-4-1.
(2) Dealing in methamphetamine under IC 35-48-4-1.1.
(3) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(5) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(6) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(7) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(8) Dealing in a counterfeit substance under IC 35-48-4-5.
(9) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic
drug under IC 35-48-4-10(b).
(10) Dealing in marijuana as a felony under IC 35-48-4-10.1.
(10) (11) Conspiracy under IC 35-41-5-2 to commit an offense
listed in subdivisions (1) through (9). this section.
(11) (12) Attempt under IC 35-41-5-1 to commit an offense listed
in subdivisions (1) through (9). this section.
(12) (13) A crime of violence (as defined in IC 35-50-1-2(a)).
(13) (14) An offense in any other jurisdiction in which the
elements of the offense for which the conviction was entered are
substantially similar to the elements of an offense described under
subdivisions (1) through (12). in this section.
SOURCE: IC 20-28-5-8; (13)IN0580.1.10. -->
SECTION 10. IC 20-28-5-8, AS AMENDED BY P.L.78-2012,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. (a) This section applies when a prosecuting
attorney knows that a licensed employee of a public school or a
nonpublic school has been convicted of an offense listed in subsection
(c). The prosecuting attorney shall immediately give written notice of
the conviction to the following:
(1) The state superintendent.
(2) Except as provided in subdivision (3), the superintendent of
the school corporation that employs the licensed employee or the
equivalent authority if a nonpublic school employs the licensed
employee.
(3) The presiding officer of the governing body of the school
corporation that employs the licensed employee, if the convicted
licensed employee is the superintendent of the school corporation.
(b) The superintendent of a school corporation, presiding officer of
the governing body, or equivalent authority for a nonpublic school shall
immediately notify the state superintendent when the individual knows
that a current or former licensed employee of the public school or
nonpublic school has been convicted of an offense listed in subsection
(c), or when the governing body or equivalent authority for a nonpublic
school takes any final action in relation to an employee who engaged
in any offense listed in subsection (c).
(c) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of any of the following felonies:
(1) Kidnapping (IC 35-42-3-2).
(2) Criminal confinement (IC 35-42-3-3).
(3) Rape (IC 35-42-4-1).
(4) Criminal deviate conduct (IC 35-42-4-2).
(5) Child molesting (IC 35-42-4-3).
(6) Child exploitation (IC 35-42-4-4(b)).
(7) Vicarious sexual gratification (IC 35-42-4-5).
(8) Child solicitation (IC 35-42-4-6).
(9) Child seduction (IC 35-42-4-7).
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3).
(12) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(13) Dealing in methamphetamine (IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(15) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(17) Dealing in a counterfeit substance (IC 35-48-4-5).
(18) Dealing in
marijuana, hash oil, hashish, salvia, or a synthetic
drug (IC 35-48-4-10(b)).
(19) Dealing in marijuana as a felony under IC 35-48-4-10.1.
(19) (20) Possession of child pornography (IC 35-42-4-4(c)).
(20) (21) Homicide (IC 35-42-1).
(21) (22) Voluntary manslaughter (IC 35-42-1-3).
(22) (23) Reckless homicide (IC 35-42-1-5).
(23) (24) Battery as any of the following:
(A) A Class A felony (IC 35-42-2-1(a)(5)).
(B) A Class B felony (IC 35-42-2-1(a)(4)).
(C) A Class C felony (IC 35-42-2-1(a)(3)).
(24) (25) Aggravated battery (IC 35-42-2-1.5).
(25) (26) Robbery (IC 35-42-5-1).
(26) (27) Carjacking (IC 35-42-5-2).
(27) (28) Arson as a Class A felony or a Class B felony
(IC 35-43-1-1(a)).
(28) (29) Burglary as a Class A felony or a Class B felony
(IC 35-43-2-1).
(29) (30) Attempt under IC 35-41-5-1 to commit an offense listed
in
subdivisions (1) through (28). this subsection.
(30) (31) Conspiracy under IC 35-41-5-2 to commit an offense
listed in
subdivisions (1) through (28). this subsection.
(d) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of a federal offense or an offense in
another state that is comparable to a felony listed in subsection (c).
(e) A license may be suspended by the state superintendent as
specified in IC 20-28-7.5.
(f) The department shall develop a data base of information on
school corporation employees who have been reported to the
department under this section.
SOURCE: IC 22-15-5-16; (13)IN0580.1.11. -->
SECTION 11. IC 22-15-5-16, AS AMENDED BY P.L.78-2012,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 16. (a) A practitioner shall comply with the
standards established under this licensing program. A practitioner is
subject to the exercise of the disciplinary sanctions under subsection
(b) if the department finds that a practitioner has:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
cheating on a licensing examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses provided under this chapter;
(5) been convicted of a crime that has a direct bearing on the
practitioner's ability to continue to practice competently;
(6) knowingly violated a state statute or rule or federal statute or
regulation regulating the profession for which the practitioner is
licensed;
(7) continued to practice although the practitioner has become
unfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcohol or
other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(8) engaged in a course of lewd or immoral conduct in connection
with the delivery of services to the public;
(9) allowed the practitioner's name or a license issued under this
chapter to be used in connection with an individual or business
who renders services beyond the scope of that individual's or
business's training, experience, or competence;
(10) had disciplinary action taken against the practitioner or the
practitioner's license to practice in another state or jurisdiction on
grounds similar to those under this chapter;
(11) assisted another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
or
(12) allowed a license issued by the department to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is
inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record of
disciplinary action constitutes prima facie evidence of a disciplinary
action in another jurisdiction.
(b) The department may impose one (1) or more of the following
sanctions if the department finds that a practitioner is subject to
disciplinary sanctions under subsection (a):
(1) Permanent revocation of a practitioner's license.
(2) Suspension of a practitioner's license.
(3) Censure of a practitioner.
(4) Issuance of a letter of reprimand.
(5) Assess a civil penalty against the practitioner in accordance
with the following:
(A) The civil penalty may not be more than one thousand
dollars ($1,000) for each violation listed in subsection (a),
except for a finding of incompetency due to a physical or
mental disability.
(B) When imposing a civil penalty, the department shall
consider a practitioner's ability to pay the amount assessed. If
the practitioner fails to pay the civil penalty within the time
specified by the department, the department may suspend the
practitioner's license without additional proceedings. However,
a suspension may not be imposed if the sole basis for the
suspension is the practitioner's inability to pay a civil penalty.
(6) Place a practitioner on probation status and require the
practitioner to:
(A) report regularly to the department upon the matters that
are the basis of probation;
(B) limit practice to those areas prescribed by the department;
(C) continue or renew professional education approved by the
department until a satisfactory degree of skill has been attained
in those areas that are the basis of the probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department considers appropriate to the public interest or
to the rehabilitation or treatment of the practitioner.
The department may withdraw or modify this probation if the
department finds after a hearing that the deficiency that required
disciplinary action has been remedied or that changed
circumstances warrant a modification of the order.
(c) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the
department may rescind the license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
applicant from reapplying for the license for a length of time
established by the department.
(d) The department may deny licensure to an applicant who has had
disciplinary action taken against the applicant or the applicant's license
to practice in another state or jurisdiction or who has practiced without
a license in violation of the law. A certified copy of the record of
disciplinary action is conclusive evidence of the other jurisdiction's
disciplinary action.
(e) The department may order a practitioner to submit to a
reasonable physical or mental examination if the practitioner's physical
or mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department order to
submit to a physical or mental examination makes a practitioner liable
to temporary suspension under subsection (j).
(f) Except as provided under subsection (g) or (h), a license may not
be denied, revoked, or suspended because the applicant or holder has
been convicted of an offense. The acts from which the applicant's or
holder's conviction resulted may, however, be considered as to whether
the applicant or holder should be entrusted to serve the public in a
specific capacity.
(g) The department may deny, suspend, or revoke a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(5) Manufacture of paraphernalia as a Class D felony under
IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, hashish, salvia, or a
synthetic drug as a Class D felony under IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (10).
(13) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described in subdivisions (1)
through (12).
(h) The department shall deny, revoke, or suspend a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
(2) Dealing in methamphetamine under IC 35-48-4-1.1.
(3) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(5) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(6) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(7) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(8) Dealing in a counterfeit substance under IC 35-48-4-5.
(9) Dealing in
marijuana, hash oil, hashish, salvia, or a synthetic
drug under IC 35-48-4-10(b).
(10) Dealing in marijuana as a felony under IC 35-48-4-10.1.
(10) (11) Conspiracy under IC 35-41-5-2 to commit an offense
listed in
subdivisions (1) through (9). this subsection.
(11) (12) Attempt under IC 35-41-5-1 to commit an offense listed
in
subdivisions (1) through (9). this subsection.
(12) (13) An offense in any other jurisdiction in which the
elements of the offense for which the conviction was entered are
substantially similar to the elements of an offense described in
subdivisions (1) through (11). this subsection.
(13) (14) A violation of any federal or state drug law or rule
related to wholesale legend drug distributors licensed under
IC 25-26-14.
(i) A decision of the department under subsections (b) through (h)
may be appealed to the commission under IC 4-21.5-3-7.
(j) The department may temporarily suspend a practitioner's license
under IC 4-21.5-4 before a final adjudication or during the appeals
process if the department finds that a practitioner represents a clear and
immediate danger to the public's health, safety, or property if the
practitioner is allowed to continue to practice.
(k) On receipt of a complaint or an information alleging that a
person licensed under this chapter has engaged in or is engaging in a
practice that jeopardizes the public health, safety, or welfare, the
department shall initiate an investigation against the person.
(l) Any complaint filed with the office of the attorney general
alleging a violation of this licensing program shall be referred to the
department for summary review and for its general information and any
authorized action at the time of the filing.
(m) The department shall conduct a fact finding investigation as the
department considers proper in relation to the complaint.
(n) The department may reinstate a license that has been suspended
under this section if, after a hearing, the department is satisfied that the
applicant is able to practice with reasonable skill, safety, and
competency to the public. As a condition of reinstatement, the
department may impose disciplinary or corrective measures authorized
under this chapter.
(o) The department may not reinstate a license that has been
revoked under this chapter. An individual whose license has been
revoked under this chapter may not apply for a new license until seven
(7) years after the date of revocation.
(p) The department shall seek to achieve consistency in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department's findings or orders.
(q) A practitioner may petition the department to accept the
surrender of the practitioner's license instead of having a hearing before
the commission. The practitioner may not surrender the practitioner's
license without the written approval of the department, and the
department may impose any conditions appropriate to the surrender or
reinstatement of a surrendered license.
(r) A practitioner who has been subjected to disciplinary sanctions
may be required by the commission to pay the costs of the proceeding.
The practitioner's ability to pay shall be considered when costs are
assessed. If the practitioner fails to pay the costs, a suspension may not
be imposed solely upon the practitioner's inability to pay the amount
assessed. The costs are limited to costs for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
SOURCE: IC 25-1-1.1-2; (13)IN0580.1.12. -->
SECTION 12. IC 25-1-1.1-2, AS AMENDED BY P.L.78-2012,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
commission, or a committee may suspend, deny, or revoke a license or
certificate issued under this title by the board, the commission, or the
committee without an investigation by the office of the attorney general
if the individual who holds the license or certificate is convicted of any
of the following and the board, commission, or committee determines,
after the individual has appeared in person, that the offense affects the
individual's ability to perform the duties of the profession:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(5) Manufacture of paraphernalia as a Class D felony under
IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, hashish, salvia, or a
synthetic drug as a Class D felony under IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (10).
(13) A sex crime under IC 35-42-4.
(14) A felony that reflects adversely on the individual's fitness to
hold a professional license.
(15) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described in this section.
SOURCE: IC 25-1-1.1-3; (13)IN0580.1.13. -->
SECTION 13. IC 25-1-1.1-3, AS AMENDED BY P.L.78-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. A board, a commission, or a committee shall
revoke or suspend a license or certificate issued under this title by the
board, the commission, or the committee if the individual who holds
the license or certificate is convicted of any of the following:
(1) Dealing in or manufacturing cocaine or a narcotic drug under
IC 35-48-4-1.
(2) Dealing in methamphetamine under IC 35-48-4-1.1.
(3) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(5) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(6) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(7) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(8) Dealing in a counterfeit substance under IC 35-48-4-5.
(9) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic
drug under IC 35-48-4-10(b).
(10) Dealing in marijuana as a felony under IC 35-48-4-10.1.
(10) (11) Conspiracy under IC 35-41-5-2 to commit an offense
listed in subdivisions (1) through (9). this section.
(11) (12) Attempt under IC 35-41-5-1 to commit an offense listed
in subdivisions (1) through (9). this section.
(12) (13) An offense in any other jurisdiction in which the
elements of the offense for which the conviction was entered are
substantially similar to the elements of an offense described under
subdivisions (1) through (11). in this section.
(13) (14) A violation of any federal or state drug law or rule
related to wholesale legend drug distributors licensed under
IC 25-26-14.
SOURCE: IC 34-24-1-1; (13)IN0580.1.14. -->
SECTION 14. IC 34-24-1-1, AS AMENDED BY P.L.125-2012,
SECTION 411, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. (a) The following may be seized:
(1) All vehicles (as defined by IC 35-31.5-2-346), 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 drug (IC 35-48-4-10).
(xi) Dealing in marijuana as a misdemeanor or felony
(IC 35-48-4-10.1).
(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 13-30-10-1.5.
(D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
mass destruction (as defined in IC 35-31.5-2-354) 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 35-31.5-2-329).
(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 drug (IC 35-48-4-10).
(F) Dealing in marijuana (IC 35-48-4-10.1).
(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 35-31.5-2-253) 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 vehicle used by a
person who operates the 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 driving privileges are
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 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 vehicle under this subdivision,
the court shall transmit an order to the bureau of motor vehicles
recommending that the bureau not permit a vehicle to be
registered in the name of the person whose 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 drug) as a Class C felony.
(9) IC 35-48-4-10.1 (dealing in marijuana) as a Class C felony.
(e) A vehicle operated by a person who is not:
(1) an owner of the vehicle; or
(2) the spouse of the person who owns the 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 35-31.5-2-104; (13)IN0580.1.15. -->
SECTION 15. IC 35-31.5-2-104, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 104. (a) "Drug", for purposes of IC 35-48, has the
meaning set forth in IC 35-48-1-16.
(b) "Drug", for purposes of IC 35-50-2-10, has the meaning set forth
in IC 35-50-2-10(a)(1). IC 35-50-2-10(b)(1).
SOURCE: IC 35-31.5-2-317; (13)IN0580.1.16. -->
SECTION 16. IC 35-31.5-2-317, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 317. "Substance offense", for purposes of
IC 35-50-2-10, has the meaning set forth in IC 35-50-2-10(a)(2).
IC 35-50-2-10(b)(2).
SOURCE: IC 35-45-6-1; (13)IN0580.1.17. -->
SECTION 17. IC 35-45-6-1, AS AMENDED BY P.L.149-2012,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: 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, hashish, salvia, or a synthetic
cannabinoid (IC 35-48-4-10).
(34) Dealing in marijuana as a felony or misdemeanor
(IC 35-48-4-10.1).
(34) (35) Money laundering (IC 35-45-15-5).
(35) (36) A violation of IC 35-47.5-5.
(36) (37) A violation of 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).
(37) (38) Practice of law by a person who is not an attorney
(IC 33-43-2-1).
SOURCE: IC 35-48-4-10; (13)IN0580.1.18. -->
SECTION 18. IC 35-48-4-10, AS AMENDED BY P.L.78-2012,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
marijuana, hash oil, hashish, salvia, or a synthetic drug, pure or
adulterated; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
marijuana, hash oil, hashish, salvia, or a synthetic drug, pure or
adulterated;
commits dealing in marijuana, hash oil, hashish, salvia, or a synthetic
drug, a Class A misdemeanor, except as provided in subsection (b).
(b) The offense is:
(1) a Class D felony if:
(A) the recipient or intended recipient is under eighteen (18)
years of age;
(B) the amount involved is:
(i) more than thirty (30) grams but less than ten (10) pounds
of marijuana or more than two (2) grams but less than three
hundred (300) grams of hash oil, hashish, or salvia; or
(ii) more than two (2) grams of a synthetic drug; or
(C) the person has a prior conviction of an offense involving
marijuana, hash oil, hashish, salvia, or a synthetic drug; and
(2) a Class C felony if:
(A) the amount involved is ten (10) pounds or more of
marijuana or three hundred (300) or more grams of hash oil,
hashish, or salvia, or the person delivered or financed the
delivery of marijuana, hash oil, hashish, or salvia:
(i) on a school bus; or
(ii) in, on, or within one thousand (1,000) feet of, school
property, a public park, a family housing complex, or a
youth program center; or
(B) the amount involved is more than two (2) grams of a
synthetic drug and the person delivered or financed the
delivery of the synthetic drug:
(i) on a school bus; or
(ii) in, on, or within one thousand (1,000) feet of school
property, a public park, a family housing complex, or a
youth program center.
SOURCE: IC 35-48-4-10.1; (13)IN0580.1.19. -->
SECTION 19. IC 35-48-4-10.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 10.1. (a) A person who:
(1) knowingly or intentionally:
(A) delivers; or
(B) finances the delivery of;
more than two (2) ounces of marijuana, pure or adulterated;
or
(2) possesses, with intent to:
(A) deliver; or
(B) finance the delivery of;
more than two (2) ounces of marijuana;
commits dealing in marijuana, a Class A misdemeanor, except as
provided in subsection (b) or (c).
(b) The offense is:
(1) a Class D felony if:
(A) the recipient or intended recipient is under eighteen
(18) years of age;
(B) the amount of marijuana involved is more than two (2)
pounds but less than ten (10) pounds; or
(C) the person has a prior conviction of an offense
involving the delivery of marijuana; and
(2) a Class C felony if the amount of marijuana involved is ten
(10) pounds or more.
(c) It is a defense to a prosecution under subsection (a) or (b)(1)
that the person who delivered the marijuana did so for no
consideration.
SOURCE: IC 35-48-4-11; (13)IN0580.1.20. -->
SECTION 20. IC 35-48-4-11, AS AMENDED BY P.L.78-2012,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 11. A person who
(1) knowingly or intentionally possesses (pure or adulterated)
marijuana, hash oil, hashish, salvia, or a synthetic drug
(2) knowingly or intentionally grows or cultivates marijuana; or
(3) knowing that marijuana is growing on the person's premises,
fails to destroy the marijuana plants;
commits possession of
marijuana, hash oil, hashish, salvia, or a
synthetic drug, a Class A misdemeanor. However, the offense is a Class
D felony if the amount involved is more than
thirty (30) grams of
marijuana or two (2) grams of hash oil, hashish, salvia, or a synthetic
drug, or if the person has a prior conviction of an offense involving
marijuana, hash oil, or hashish, salvia, or a synthetic drug.
SOURCE: IC 35-48-4-11.1; (13)IN0580.1.21. -->
SECTION 21. IC 35-48-4-11.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 11.1. (a) A person who knowingly
or intentionally possesses more than two (2) ounces of marijuana
commits possession of marijuana, a Class B misdemeanor.
However, the offense is a Class A misdemeanor if the person has
two (2) or more prior convictions for an offense involving
marijuana in the preceding five (5) years.
(b) Notwithstanding IC 35-50-3-1, a court shall suspend any
sentence imposed on a person for a violation of this section if the
person does not have a prior conviction for an offense involving
marijuana in the preceding five (5) years.
(c) It is a defense to a prosecution under this section that the
person who possessed the marijuana:
(1) possessed the marijuana on the grounds of a research
facility;
(2) is registered as a researcher with the Indiana department
of agriculture; and
(3) possessed the marijuana solely for bona fide research into
the industrial, agricultural, or scientific uses of marijuana.
SOURCE: IC 35-48-4-11.2; (13)IN0580.1.22. -->
SECTION 22. IC 35-48-4-11.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 11.2. (a) A person who knowingly
or intentionally displays, burns, or ingests marijuana in a public
place or on school property commits public use of marijuana, a
Class B misdemeanor. However, the offense is a Class A
misdemeanor if the person has two (2) or more prior convictions
for an offense involving marijuana in the preceding five (5) years.
(b) Notwithstanding IC 35-50-3-1, a court shall suspend any
sentence imposed on a person for a violation of this section if the
person does not have a prior conviction for an offense involving
marijuana in the preceding five (5) years.
SOURCE: IC 35-48-4-11.3; (13)IN0580.1.23. -->
SECTION 23. IC 35-48-4-11.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 11.3. (a) A person who possesses
marijuana commits possession of marijuana, a Class C infraction.
(b) It is a defense to an action under this section that the person
who possessed the marijuana was not aware of the possession for
a time sufficient for the person to have terminated the possession.
SOURCE: IC 35-48-4-12; (13)IN0580.1.24. -->
SECTION 24. IC 35-48-4-12, AS AMENDED BY P.L.78-2012,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. If a person who has no prior conviction of an
offense under this article or under a law of another jurisdiction relating
to controlled substances pleads guilty to possession of marijuana,
hashish, hash oil, salvia, or a synthetic drug as a Class A misdemeanor,
the court, without entering a judgment of conviction and with the
consent of the person:
(1) may, if the offense relates to salvia or a synthetic drug; and
(2) shall, if the offense relates to marijuana, hashish, or hash
oil;
defer further proceedings and place the person in the custody of the
court under such conditions as the court determines. determined by
the court. Upon violation of a condition of the custody, the court may
enter a judgment of conviction. However, if the person fulfills the
conditions of the custody, the court shall dismiss the charges against
the person. There may be only one (1) dismissal under this section with
respect to a person.
SOURCE: IC 35-48-4-13; (13)IN0580.1.25. -->
SECTION 25. IC 35-48-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. (a) A person who
knowingly or intentionally visits a building, structure, vehicle, or other
place that is used by any person to unlawfully use a controlled
substance commits visiting a common nuisance, a Class B
misdemeanor.
(b) A person who knowingly or intentionally maintains a building,
structure, vehicle, or other place that is used one (1) or more times:
(1) by persons to unlawfully use controlled substances; or
(2) for unlawfully:
(A) manufacturing;
(B) keeping;
(C) offering for sale;
(D) selling;
(E) delivering; or
(F) financing the delivery of;
controlled substances, or items of drug paraphernalia as described
in IC 35-48-4-8.5;
commits maintaining a common nuisance, a Class D felony. However,
the offense is a Class A misdemeanor if the only unlawful
controlled substances involved were marijuana, hashish, or hash
oil.
SOURCE: IC 35-50-2-10; (13)IN0580.1.26. -->
SECTION 26. IC 35-50-2-10, AS AMENDED BY P.L.1-2006,
SECTION 551, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 10. (a) This section does not apply
to a person convicted of an offense relating to marijuana, hashish,
or hash oil under:
(1) IC 35-48-4-10;
(2) IC 35-48-4-10.1;
(3) IC 35-48-4-11; or
(4) IC 35-48-4-11.1;
unless the offense is a Class C felony.
(a) (b) As used in this section:
(1) "Drug" means a drug or a controlled substance (as defined in
IC 35-48-1).
(2) "Substance offense" means a Class A misdemeanor or a felony
in which the possession, use, abuse, delivery, transportation, or
manufacture of alcohol or drugs is a material element of the
crime. The term includes an offense under IC 9-30-5 and an
offense under IC 9-11-2 (before its repeal).
(b) (c) The state may seek to have a person sentenced as a habitual
substance offender for any substance offense by alleging, on a page
separate from the rest of the charging instrument, that the person has
accumulated two (2) prior unrelated substance offense convictions.
(c) (d) After a person has been convicted and sentenced for a
substance offense committed after sentencing for a prior unrelated
substance offense conviction, the person has accumulated two (2) prior
unrelated substance offense convictions. However, a conviction does
not count for purposes of this subsection if:
(1) it has been set aside; or
(2) it is a conviction for which the person has been pardoned.
(d) (e) If the person was convicted of the substance offense in a jury
trial, the jury shall reconvene for the sentencing hearing. If the trial was
to the court, or the judgment was entered on a guilty plea, the court
alone shall conduct the sentencing hearing, under IC 35-38-1-3.
(e) (f) A person is a habitual substance offender if the jury (if the
hearing is by jury) or the court (if the hearing is to the court alone)
finds that the state has proved beyond a reasonable doubt that the
person had accumulated two (2) prior unrelated substance offense
convictions.
(f) (g) The court shall sentence a person found to be a habitual
substance offender to an additional fixed term of at least three (3) years
but not more than eight (8) years imprisonment, to be added to the term
of imprisonment imposed under IC 35-50-2 or IC 35-50-3. If the court
finds that:
(1) three (3) years or more have elapsed since the date the person
was discharged from probation, imprisonment, or parole
(whichever is later) for the last prior unrelated substance offense
conviction and the date the person committed the substance
offense for which the person is being sentenced as a habitual
substance offender; or
(2) all of the substance offenses for which the person has been
convicted are substance offenses under IC 16-42-19 or
IC 35-48-4, the person has not been convicted of a substance
offense listed in section 2(b)(4) of this chapter, and the total
number of convictions that the person has for:
(A) dealing in or selling a legend drug under IC 16-42-19-27;
(B) dealing in cocaine or a narcotic drug (IC 35-48-4-1);
(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); and
(E) dealing in a schedule V controlled substance
(IC 35-48-4-4);
does not exceed one (1);
then the court may reduce the additional fixed term. However, the court
may not reduce the additional fixed term to less than one (1) year.
(g) (h) If a reduction of the additional year fixed term is authorized
under subsection
(f), (g), the court may also consider the aggravating
or circumstances in IC 35-38-1-7.1(a) and the mitigating circumstances
in IC 35-38-1-7.1(b) to:
(1) decide the issue of granting a reduction; or
(2) determine the number of years, if any, to be subtracted under
subsection
(f). (g).
SOURCE: IC 35-50-5-3; (13)IN0580.1.27. -->
SECTION 27. IC 35-50-5-3, AS AMENDED BY P.L.73-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) Except as provided in subsection (i), (j), (l),
or (m), in addition to any sentence imposed under this article for a
felony or misdemeanor, the court may, as a condition of probation or
without placing the person on probation, order the person to make
restitution to the victim of the crime, the victim's estate, or the family
of a victim who is deceased. The court shall base its restitution order
upon a consideration of:
(1) property damages of the victim incurred as a result of the
crime, based on the actual cost of repair (or replacement if repair
is inappropriate);
(2) medical and hospital costs incurred by the victim (before the
date of sentencing) as a result of the crime;
(3) the cost of medical laboratory tests to determine if the crime
has caused the victim to contract a disease or other medical
condition;
(4) earnings lost by the victim (before the date of sentencing) as
a result of the crime including earnings lost while the victim was
hospitalized or participating in the investigation or trial of the
crime; and
(5) funeral, burial, or cremation costs incurred by the family or
estate of a homicide victim as a result of the crime.
(b) A restitution order under subsection (a), (i), (j), (l), or (m) is a
judgment lien that:
(1) attaches to the property of the person subject to the order;
(2) may be perfected;
(3) may be enforced to satisfy any payment that is delinquent
under the restitution order by the person in whose favor the order
is issued or the person's assignee; and
(4) expires;
in the same manner as a judgment lien created in a civil proceeding.
(c) When a restitution order is issued under subsection (a), the
issuing court may order the person to pay the restitution, or part of the
restitution, directly to:
(1) the victim services division of the Indiana criminal justice
institute in an amount not exceeding:
(A) the amount of the award, if any, paid to the victim under
IC 5-2-6.1; and
(B) the cost of the reimbursements, if any, for emergency
services provided to the victim under IC 16-10-1.5 (before its
repeal) or IC 16-21-8; or
(2) a probation department that shall forward restitution or part of
restitution to:
(A) a victim of a crime;
(B) a victim's estate; or
(C) the family of a victim who is deceased.
The victim services division of the Indiana criminal justice institute
shall deposit the restitution it receives under this subsection in the
violent crime victims compensation fund established by IC 5-2-6.1-40.
(d) When a restitution order is issued under subsection (a), (i), (j),
(l), or (m), the issuing court shall send a certified copy of the order to
the clerk of the circuit court in the county where the felony or
misdemeanor charge was filed. The restitution order must include the
following information:
(1) The name and address of the person that is to receive the
restitution.
(2) The amount of restitution the person is to receive.
Upon receiving the order, the clerk shall enter and index the order in
the circuit court judgment docket in the manner prescribed by
IC 33-32-3-2. The clerk shall also notify the department of insurance
of an order of restitution under subsection (i).
(e) An order of restitution under subsection (a), (i), (j), (l), or (m)
does not bar a civil action for:
(1) damages that the court did not require the person to pay to the
victim under the restitution order but arise from an injury or
property damage that is the basis of restitution ordered by the
court; and
(2) other damages suffered by the victim.
(f) Regardless of whether restitution is required under subsection (a)
as a condition of probation or other sentence, the restitution order is not
discharged by the completion of any probationary period or other
sentence imposed for a felony or misdemeanor.
(g) A restitution order under subsection (a), (i), (j), (l), or (m) is not
discharged by the liquidation of a person's estate by a receiver under
IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
IC 34-1-12, or IC 34-2-7 before their repeal).
(h) The attorney general may pursue restitution ordered by the court
under subsections (a) and (c) on behalf of the victim services division
of the Indiana criminal justice institute established under IC 5-2-6-8.
(i) The court may order the person convicted of an offense under
IC 35-43-9 to make restitution to the victim of the crime. The court
shall base its restitution order upon a consideration of the amount of
money that the convicted person converted, misappropriated, or
received, or for which the convicted person conspired. The restitution
order issued for a violation of IC 35-43-9 must comply with
subsections (b), (d), (e), and (g), and is not discharged by the
completion of any probationary period or other sentence imposed for
a violation of IC 35-43-9.
(j) The court may order the person convicted of an offense under
IC 35-43-5-3.5 to make restitution to the victim of the crime, the
victim's estate, or the family of a victim who is deceased. The court
shall base its restitution order upon a consideration of the amount of
fraud or harm caused by the convicted person and any reasonable
expenses (including lost wages) incurred by the victim in correcting the
victim's credit report and addressing any other issues caused by the
commission of the offense under IC 35-43-5-3.5. If, after a person is
sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
estate, or the family of a victim discovers or incurs additional expenses
that result from the convicted person's commission of the offense under
IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
to require the convicted person to make restitution, even if the court
issued a restitution order at the time of sentencing. For purposes of
entering a restitution order after sentencing, a court has continuing
jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
for five (5) years after the date of sentencing. Each restitution order
issued for a violation of IC 35-43-5-3.5 must comply with subsections
(b), (d), (e), and (g), and is not discharged by the completion of any
probationary period or other sentence imposed for an offense under
IC 35-43-5-3.5.
(k) The court shall order a person convicted of an offense under
IC 35-42-3.5 to make restitution to the victim of the crime in an amount
equal to the greater of the following:
(1) The gross income or value to the person of the victim's labor
or services.
(2) The value of the victim's labor as guaranteed under the
minimum wage and overtime provisions of:
(A) the federal Fair Labor Standards Act of 1938, as amended
(29 U.S.C. 201-209); or
(B) IC 22-2-2 (Minimum Wage);
whichever is greater.
(l) The court shall order a person who:
(1) is convicted of dealing in methamphetamine under
IC 35-48-4-1.1(a)(1)(A); and
(2) manufactured the methamphetamine on property owned by
another person, without the consent of the property owner;
to pay liquidated damages to the property owner in the amount of ten
thousand dollars ($10,000).
(m) The court shall order a person who:
(1) is convicted of dealing in marijuana under
IC 35-48-4-10(a)(1)(A); IC 35-48-4-10.1; and
(2) manufactured the marijuana on property owned by another
person, without the consent of the property owner;
to pay liquidated damages to the property owner in the amount of two
thousand dollars ($2,000).