HB 1179-2_ Filed 04/02/2013, 09:19 Smith J
Adopted 4/2/2013

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1179 be amended to read as follows:

SOURCE: Page 5, line 41; (13)MO117902.5. -->     Page 5, between lines 41 and 42, begin a new paragraph and insert:
SOURCE: IC 23-19-5-8; (13)MO117902.2. -->     "SECTION 2. IC 23-19-5-8, AS AMENDED BY P.L.156-2009, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) A person who knowingly violates this article, or a rule adopted under this article, except section sections 4 and 11 of this chapter or the notice filing requirements of IC 23-19-3-2 or IC 23-19-4-5, commits a Class C felony.
    (b) A person who knowingly violates section 1 of this chapter commits a Class B felony if the person harmed, defrauded, misled, or deceived by the violation is at least sixty (60) years of age.
    (c) A person who knowingly violates section 1 of this chapter:
        (1) while using or taking advantage of; or
        (2) in connection with;
a relationship that is based on religious affiliation or worship commits a Class B felony.
    (d) It is the duty of a prosecuting attorney, as well as of the attorney general, to assist the commissioner upon the commissioner's request in the prosecution to final judgment of a violation of the penal provisions of this article. If the commissioner determines that an action based on the securities division's investigations is meritorious:
        (1) the commissioner or a designee empowered by the commissioner shall refer the facts drawn from the investigation to the prosecuting attorney of the judicial circuit in which the crime may have been committed;
        (2) the commissioner and the securities division shall assist the prosecuting attorney in prosecuting an action under this section, which may include a securities division attorney serving as a special deputy prosecutor appointed by the prosecuting attorney;
        (3) a prosecuting attorney to whom facts concerning fraud are referred under subdivision (1) may refer the matter to the attorney

general;
        (4) if a matter has been referred to the attorney general under subdivision (3), the attorney general may:
            (A) file an information in a court with jurisdiction over the matter in the county in which the offense is alleged to have been committed; and
            (B) prosecute the alleged offense; and
        (5) if a matter has been referred to the attorney general under subdivision (3), the commissioner and the securities division shall assist the attorney general in prosecuting an action under this section, which may include a securities division attorney serving as a special deputy attorney general appointed by the attorney general.
    (e) This article does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1179 as reprinted March 27, 2013.)

________________________________________

Senator SMITH J


MO117902/DI 110
2013