Reprinted
March 21, 2001
ENGROSSED
HOUSE BILL No. 1892
_____
DIGEST OF HB 1892
(Updated March 20, 2001 3:18 PM - DI 106)
Citations Affected: IC 12-23; IC 16-31; IC 16-42; IC 22-11; IC 25-1;
IC 31-30; IC 31-34; IC 34-24; IC 34-30; IC 35-33; IC 35-38; IC 35-41;
IC 35-42; IC 35-45; IC 35-47; IC 35-48; IC 35-50; noncode.
Synopsis: Methamphetamine. Makes the criminal penalties for
offenses relating to methamphetamine equivalent to the penalties for
offenses relating to cocaine and narcotic drug. Makes conforming
changes to other statutes relating to cocaine and narcotic drug offenses
to incorporate offenses relating to methamphetamine. Permits a law
enforcement agency to dispose of chemical waste used in the
production of illegal drugs. Imposes a class D felony for the dumping
of chemical drug waste. Creates penalties for possessing anhydrous
ammonia. Creates a defense for a person charged with a felony drug
offense that is elevated because the person was within 1,000 feet of
school property, public park, family housing complex, or youth
program center.
Effective: July 1, 2001.
Dvorak
, Weinzapfel
, Yount
, Hasler
(SENATE SPONSORS _ BRAY, ALEXA)
January 17, 2001, read first time and referred to Committee on Courts and Criminal Code.
February 20, 2001, amended, reported _ Do Pass.
February 26, 2001, read second time, ordered engrossed.
February 27, 2001, engrossed. Read third time, passed. Yeas 94, nays 0.
SENATE ACTION
March 5, 2001, read first time and referred to Committee on Judiciary.
March 15, 2001, amended, reported favorably _ Do Pass.
March 20, 2001, read second time, amended, ordered engrossed.
Reprinted
March 21, 2001
First Regular Session 112th General Assembly (2001)
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 2000 General Assembly.
ENGROSSED
HOUSE BILL No. 1892
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 12-23-6-1; (01)EH1892.2.1. -->
SECTION 1. IC 12-23-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. A drug abuser or an
alcoholic charged with or convicted of a felony may request treatment
under the supervision of the division and upon the consent of the
authorities concerned as set forth in this chapter instead of prosecution
or imprisonment, unless any of the following conditions exist:
(1) The offense is a forcible felony or burglary classified as a
Class A or Class B felony.
(2) The offense is that of delivering a controlled substance.
(3) (2) The defendant has a record that includes at least two (2)
prior convictions for forcible felonies or a burglary classified as
a Class A or Class B felony.
(4) (3) Other criminal proceedings, not arising out of the same
incident, alleging commission of a felony are pending against the
defendant.
(5) (4) The defendant is on probation or parole and the
appropriate parole or probation authority does not consent to the
request.
(6) (5) The defendant was admitted to a treatment program under
IC 12-23-7 or IC 12-23-8 on two (2) prior occasions within the
preceding two (2) years.
SOURCE: IC 16-31-3-14.5; (01)EH1892.2.2. -->
SECTION 2. IC 16-31-3-14.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14.5. The commission
may permanently revoke a license or certificate under procedures
provided by section 14 of this chapter if the individual who holds the
license or certificate issued under this title is convicted of any of the
following:
(1) Dealing in or manufacturing cocaine, or a narcotic drug, or
methamphetamine under IC 35-48-4-1.
(2) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(3) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(4) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(5) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(6) 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.
(7) Dealing in a counterfeit substance under IC 35-48-4-5.
(8) Dealing in marijuana, hash oil, or hashish under
IC 35-48-4-10(b).
(9) Conspiracy under IC 35-41-5-2 to commit an offense listed in
subdivisions (1) through (8).
(10) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (8).
(11) A crime of violence (as defined in IC 35-50-1-2(a)).
(12) 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).
SOURCE: IC 16-42-3-4; (01)EH1892.2.3. -->
SECTION 3. IC 16-42-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. A drug or device is
considered to be misbranded under any of the following conditions:
(1) If the labeling of the drug or device is false or misleading in
any way.
(2) If the drug or device is in package form unless the drug or
device bears a label containing:
(A) the name and place of business of the manufacturer,
packer, or distributor; and
(B) an accurate statement of the quantity of the contents in
terms of weight, measure, or numerical count.
However, under clause (B) reasonable variations shall be
permitted and exemptions as to small packages shall be
established by rules adopted by the state department.
(3) If any word, statement, or other information required to appear
on the label or labeling, under this chapter or a rule adopted under
IC 16-42-1-2 is not prominently placed on the drug or device with
conspicuousness (as compared with other words, statements,
designs, or devices in the labeling) and in such terms that make
the label likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.
(4) If the drug or device:
(A) is for use by humans; and
(B) contains any quantity of the narcotic or hypnotic substance
alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis,
carbromal, chloral, coca, cocaine, codeine, heroin, marijuana,
morphine, opium, paraldehyde, peyote, methamphetamine,
or sulphonmethane, or any chemical derivative of such
substance, which derivative after investigation has been found
to be and is designated as habit forming, by rules adopted by
the state department under IC 16-42-1 through IC 16-42-4 or
by regulations issued under 21 U.S.C. 352(d);
unless the label on the drug or device bears the name and quantity
or proportion of that substance or derivative and the statement
"Warning . May Be Habit Forming".
(5) If a drug, unless the following conditions are met:
(A) The label on the drug bears, to the exclusion of any other
nonproprietary name except the applicable systematic
chemical name or the chemical formula, the following:
(i) The established name of the drug, if any.
(ii) If the drug is fabricated from at least two (2) ingredients,
the established name and quantity of each active ingredient,
including the kind and quantity or proportion of any alcohol
and, whether active or not, the established name and
quantity or proportion of any bromides, ether, chloroform,
acetanilid, acetphenetidin, amidopyrine, antipyrine, atropine,
hyoscine, hyoscyamine, arsenic, digitalis, digitalis
glucosides, mercury, ouabain, strophanthin, strychnine,
thyroid, or any derivative or preparation of those substances
contained in the drug. However, the requirement for stating
the quantity of the active ingredients, other than the quantity
of those specifically named in this subdivision, applies only
to prescription drugs.
(B) If a prescription drug, the established name of the drug or
ingredient on the label (and on any labeling on which a name
for the drug or ingredient is used) is printed prominently and
in type at least half as large as that used for any proprietary
name or designation for the drug or ingredient.
However, to the extent that compliance with the requirements of
clause (A)(ii) or clause (B) is impracticable, exemptions shall be
allowed under rules adopted by the state department or by
regulations promulgated under the Federal Act.
(6) Unless the drug's or device's labeling bears:
(A) adequate directions for use; and
(B) adequate warnings against use in those pathological
conditions or by children where the drug's or device's use may
be dangerous to health or against unsafe dosage or methods or
duration of administration or application in the manner and
form that is necessary for the protection of users.
However, if any requirement of clause (A) as applied to any drug
or device is not necessary for the protection of the public health,
the state department shall adopt rules exempting the drug or
device from that requirement.
(7) If a drug purports to be a drug the name of which is
recognized in an official compendium, unless the drug is
packaged and labeled as prescribed in the compendium. However,
the method of packing may be modified with the consent of the
state department in accordance with regulations promulgated by
the federal security administrator under the Federal Act.
Whenever a drug is recognized in both the United States
Pharmacopoeia and the Homeopathic Pharmacopoeia of the
United States, the drug is subject to the requirements of the
United States Pharmacopoeia with respect to packaging and
labeling unless the drug is labeled and offered for sale as a
homeopathic drug. In that case the drug is subject to the
Homeopathic Pharmacopoeia of the United States and not to the
United States Pharmacopoeia.
(8) If a drug or device has been found by the federal security
administrator or the state department to be a drug liable to
deterioration, unless the drug or device is packaged in a form and
manner and the drug's or device's label bears a statement of such
precautions as the federal security administrator or the state
department requires by rule or regulation as necessary for the
protection of the public health. A rule or regulation may not be
established for any drug recognized in an official compendium
until the federal security administrator or the state department
informs the appropriate body charged with the revision of the
compendium of the need for the packaging or labeling
requirements and that body fails within a reasonable time to
prescribe requirements.
(9) If a drug's container is made, formed, or filled as to be
misleading.
(10) If a drug is an imitation of another drug.
(11) If a drug is offered for sale under the name of another drug.
(12) If a drug is or purports to be or is represented to be a drug
composed wholly or partly of insulin, unless:
(A) the drug is from a batch with respect to which a certificate
or release has been issued under Section 506 of the Federal
Act; and
(B) the certificate or release is in effect with respect to the
drug.
(13) If a drug is or purports to be or is represented to be a drug
composed wholly or partly of any kind of penicillin, streptomycin,
chloretetracycline, chloramphenicol, bacitracin, or any other
antibiotic drug, or any derivative of those drugs, unless:
(A) the drug is from a batch with respect to which a certificate
or release has been issued under Section 507 of the Federal
Act; and
(B) the certificate or release is in effect with respect to that
drug.
However, this subdivision does not apply to any drug or class of
drugs exempted by regulations promulgated under Section 507(c)
or 507(d) of the Federal Act.
(14) If a drug or device is dangerous to health when used in the
dosage, or with the frequency or duration prescribed,
recommended, or suggested in the labeling of the drug or device.
(15) Under the conditions described in section 6 of this chapter.
SOURCE: IC 22-11-20; (01)EH1892.2.4. -->
SECTION 4. IC 22-11-20 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]:
Chapter 20. Anhydrous Ammonia and Ammonia Solutions
Sec. 1. As used in this chapter, "ammonia solution" means any
ammonia solution that contains at least ten percent (10%) by
weight of free ammonia or having a vapor pressure of one (1) PSIG
or above at one hundred four (104) degrees Fahrenheit.
Sec. 2. As used in this chapter, "appurtenances" includes
pumps, compressors, safety relief devices, liquid level gauging
devices, valves, and pressure gauges.
Sec. 3. As used in this chapter, "container" includes vessels,
tanks, cylinders, or spheres.
Sec. 4. As used in this chapter, "equipment law" has the
meaning set forth in IC 22-12-1-11.
Sec. 5. As used in this chapter, "law" includes the following:
(1) IC 13 or a rule adopted under IC 13.
(2) IC 15-3-2 or a rule adopted under IC 15-3-2.
(3) IC 22-8-1.1 or a rule adopted under IC 22-8-1.1.
(4) An equipment law.
Sec. 6. (a) This section does not apply to a person that stores or
transports anhydrous ammonia (NH3) or an ammonia solution for
a lawful agricultural or commercial purpose.
(b) A person who knowingly or intentionally stores or
transports anhydrous ammonia (NH3) or an ammonia solution:
(1) in a container that does not; or
(2) with appurtenances that do not;
conform to the requirements of a law governing the design,
construction, location, installation, or operation of equipment for
storage, handling, use, or transportation of anhydrous ammonia
(NH3) or an ammonia solution commits a Class A misdemeanor.
SOURCE: IC 25-1-1.1-2; (01)EH1892.2.5. -->
SECTION 5. IC 25-1-1.1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. A board, a
commission, or a committee may suspend or revoke 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) Possession of cocaine,
or a narcotic drug,
or
methamphetamine under IC 35-48-4-6.
(2) Possession of a controlled substance under IC 35-48-4-7(a).
(3) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(4) Manufacture of paraphernalia as a Class D felony under
IC 35-48-4-8.1(b).
(5) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(6) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(7) Possession of marijuana, hash oil, or hashish as a Class D
felony under IC 35-48-4-11.
(8) Maintaining a common nuisance under IC 35-48-4-13.
(9) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(10) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (9).
(12) 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).
SOURCE: IC 25-1-1.1-3; (01)EH1892.2.6. -->
SECTION 6. IC 25-1-1.1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: 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,
or
methamphetamine under IC 35-48-4-1.
(2) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(3) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(4) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(5) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(6) 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.
(7) Dealing in a counterfeit substance under IC 35-48-4-5.
(8) Dealing in marijuana, hash oil, or hashish under
IC 35-48-4-10(b).
(9) Conspiracy under IC 35-41-5-2 to commit an offense listed in
subdivisions (1) through (8).
(10) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (8).
(11) 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 (10).
(12) 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 31-30-1-4; (01)EH1892.2.7. -->
SECTION 7. IC 31-30-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) The juvenile
court does not have jurisdiction over an individual for an alleged
violation of:
(1) IC 35-42-1-1 (murder);
(2) IC 35-42-3-2 (kidnapping);
(3) IC 35-42-4-1 (rape);
(4) IC 35-42-4-2 (criminal deviate conduct);
(5) IC 35-42-5-1 (robbery) if:
(A) the robbery was committed while armed with a deadly
weapon; or
(B) the robbery results in bodily injury or serious bodily
injury;
(6) IC 35-42-5-2 (carjacking);
(7) IC 35-45-9-3 (criminal gang activity);
(8) IC 35-45-9-4 (criminal gang intimidation);
(9) IC 35-47-2-1 (carrying a handgun without a license);
(10) IC 35-47-10 (children and firearms);
(11) IC 35-47-5-4.1 (dealing in a sawed-off shotgun);
or
(12) IC 35-48-4-1 (dealing in cocaine, or a narcotic drug);
(13) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
substance);
(14) IC 35-48-4-3 (dealing in a schedule IV controlled substance);
or
(15) (12) any offense that may be joined under IC 35-34-1-9(a)(2)
with any crime listed in subdivisions (1) through
(14); (11);
if the individual was at least sixteen (16) years of age at the time of the
alleged violation.
(b) The juvenile court does not have jurisdiction for an alleged
violation of manufacturing or dealing in cocaine, a narcotic drug,
or methamphetamine (IC 35-48-4-1), dealing in a schedule I, II, or
III controlled substance (IC 35-48-4-2), or dealing in a schedule IV
controlled substance (IC 35-48-4-3), if:
(1) the individual has a prior unrelated conviction under
IC 35-48-4-1, IC 35-48-4-2, or IC 35-48-4-3; or
(2) the individual has a prior unrelated juvenile adjudication
that, if committed by an adult, would be a crime under
IC 35-48-4-1, IC 35-48-4-2, or IC 35-48-4-3;
and the individual was at least sixteen (16) years of age at the time
of the alleged violation.
(b) (c) Once an individual described in subsection (a) has been
charged with any crime listed in subsection (a)(1) through (a)(15), the
court having adult criminal jurisdiction shall retain jurisdiction over the
case even if the individual pleads guilty to or is convicted of a lesser
included offense. A plea of guilty to or a conviction of a lesser included
offense does not vest jurisdiction in the juvenile court.
SOURCE: IC 31-34-1-2; (01)EH1892.2.8. -->
SECTION 8. IC 31-34-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) A child is a child
in need of services if before the child becomes eighteen (18) years of
age:
(1) the child's physical or mental health is seriously endangered
due to injury by the act or omission of the child's parent, guardian,
or custodian; and
(2) the child needs care, treatment, or rehabilitation that the child:
(A) is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
(b) Evidence that the illegal manufacture of a drug or controlled
substance is occurring on property where a child resides creates a
rebuttable presumption that the child's physical or mental health
is seriously endangered.
SOURCE: IC 34-24-1-1; (01)EH1892.2.9. -->
SECTION 9. IC 34-24-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: 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, or methamphetamine (IC 35-48-4-1).
(ii) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(iii) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(iv) Dealing in a schedule V controlled substance
(IC 35-48-4-4).
(v) Dealing in a counterfeit substance (IC 35-48-4-5).
(vi) Possession of cocaine, or a narcotic drug, or
methamphetamine (IC 35-48-4-6).
(vii) Dealing in paraphernalia (IC 35-48-4-8.5).
(viii) Dealing in marijuana, hash oil, or hashish
(IC 35-48-4-10).
(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 13-30-6-6.
(2) All money, negotiable instruments, securities, weapons,
communications devices, or any property 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).
(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,
or methamphetamine (IC 35-48-4-1).
(B) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(C) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(D) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
(6) Equipment and recordings used by a person to commit fraud
under IC 35-43-5-4(11).
(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.
(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) 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, or methamphetamine).
(2) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
substance).
(3) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
(4) IC 35-48-4-4 (dealing in a schedule V controlled substance)
as a Class B felony.
(5) IC 35-48-4-6 (possession of cocaine, or a narcotic drug, or
methamphetamine) as a Class A felony, Class B felony, or Class
C felony.
(6) IC 35-48-4-10 (dealing in marijuana, hash oil, or hashish) as
a Class C felony.
SOURCE: IC 34-30-3-2; (01)EH1892.2.10. -->
SECTION 10. IC 34-30-3-2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: 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)) or criminal conversion
(IC 35-43-4-3) 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 35-33-5-5; (01)EH1892.2.11. -->
SECTION 11. IC 35-33-5-5, AS AMENDED BY P.L.174-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 5. (a) All items of property seized by any law
enforcement agency as a result of an arrest, search warrant, or
warrantless search, shall be securely held by the law enforcement
agency under the order of the court trying the cause, except as provided
in this section.
(b) Evidence that consists of property obtained unlawfully from its
owner may be returned by the law enforcement agency to the owner
before trial, in accordance with IC 35-43-4-4(h).
(c) Following the final disposition of the cause at trial level or any
other final disposition the following shall be done:
(1) Property which may be lawfully possessed shall be returned
to its rightful owner, if known. If ownership is unknown, a
reasonable attempt shall be made by the law enforcement agency
holding the property to ascertain ownership of the property. After
ninety (90) days from the time:
(A) the rightful owner has been notified to take possession of
the property; or
(B) a reasonable effort has been made to ascertain ownership
of the property;
the law enforcement agency holding the property shall, at such
time as it is convenient, dispose of this property at a public
auction. The proceeds of this property shall be paid into the
county general fund.
(2)
Except as provided in subsection (e), property, the
possession of which is unlawful, shall be destroyed by the law
enforcement agency holding it sixty (60) days after final
disposition of the cause.
(d) If any property described in subsection (c) was admitted into
evidence in the cause, the property shall be disposed of in accordance
with an order of the court trying the cause.
(e)
A law enforcement agency may destroy or cause to be
destroyed chemicals or controlled substances associated with the
illegal manufacture of drugs or controlled substances without a
court order if all the following conditions are met:
(1) The law enforcement agency collects and preserves a
sufficient quantity of the chemicals or controlled substances
to demonstrate that the chemicals or controlled substances
were associated with the illegal manufacture of drugs or
controlled substances.
(2) The law enforcement agency takes photographs of the
illegal drug manufacturing site that accurately depict the
presence and quantity of chemicals and controlled substances.
(3) The law enforcement agency completes a chemical
inventory report that describes the type and quantities of
chemicals and controlled substances present at the illegal
manufacturing site.
The photographs and description of the property shall be
admissible into evidence in place of the actual physical evidence.
(f) For purposes of preserving the record of any conviction on
appeal, a photograph demonstrating the nature of the property, and an
adequate description of the property must be obtained before the
disposition of it. In the event of a retrial, the photograph and
description of the property shall be admissible into evidence in place
of the actual physical evidence. All other rules of law governing the
admissibility of evidence shall apply to the photographs.
(f) (g) The law enforcement agency disposing of property in any
manner provided in
subsections subsection (b),
and (c),
of this section
or (e) shall maintain certified records of any such disposition.
Disposition by destruction of property shall be witnessed by two (2)
persons who shall also attest to the destruction.
(g) (h) This section does not affect the procedure for the disposition
of firearms seized by a law enforcement agency.
(h) (i) A law enforcement agency that disposes of property by
auction under this section shall permanently stamp or otherwise
permanently identify the property as property sold by the law
enforcement agency.
(i) (j) Upon motion of the prosecuting attorney, the court shall order
property seized under IC 34-24-1 transferred, subject to the perfected
liens or other security interests of any person in the property, to the
appropriate federal authority for disposition under 18 U.S.C. 981(e), 19
U.S.C. 1616a, or 21 U.S.C. 881(e) and any related regulations adopted
by the United States Department of Justice.
SOURCE: IC 35-38-1-7.1; (01)EH1892.2.12. -->
SECTION 12. IC 35-38-1-7.1, AS AMENDED BY P.L.183-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 7.1. (a) In determining what sentence to impose
for a crime, the court shall consider:
(1) the risk that the person will commit another crime;
(2) the nature and circumstances of the crime committed;
(3) the person's:
(A) prior criminal record;
(B) character; and
(C) condition;
(4) whether the victim of the crime was less than twelve (12)
years of age or at least sixty-five (65) years of age;
(5) whether the person violated a protective order issued against
the person under IC 31-15 or IC 31-16 (or IC 31-1-11.5 before its
repeal) or IC 34-26-2 (or IC 34-4-5.1 before its repeal); and
(6) any oral or written statement made by a victim of the crime.
(b) The court may consider the following factors as aggravating
circumstances or as favoring imposing consecutive terms of
imprisonment:
(1) The person has recently violated the conditions of any
probation, parole, or pardon granted to the person.
(2) The person has a history of criminal or delinquent activity.
(3) The person is in need of correctional or rehabilitative
treatment that can best be provided by commitment of the person
to a penal facility.
(4) Imposition of a reduced sentence or suspension of the
sentence and imposition of probation would depreciate the
seriousness of the crime.
(5) The victim of the crime was less than twelve (12) years of age
or at least sixty-five (65) years of age.
(6) The victim of the crime was mentally or physically infirm.
(7) The person committed a forcible felony while wearing a
garment designed to resist the penetration of a bullet.
(8) The person committed a sex crime listed in subsection (e) and:
(A) the crime created an epidemiologically demonstrated risk
of transmission of the human immunodeficiency virus (HIV)
and involved the sex organ of one (1) person and the mouth,
anus, or sex organ of another person;
(B) the person had knowledge that the person was a carrier of
HIV; and
(C) the person had received risk counseling as described in
subsection (g).
(9) The person committed an offense related to controlled
substances listed in subsection (f) if:
(A) the offense involved:
(i) the delivery by any person to another person; or
(ii) the use by any person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) or other
paraphernalia that creates an epidemiologically demonstrated
risk of transmission of HIV by involving percutaneous contact;
(B) the person had knowledge that the person was a carrier of
the human immunodeficiency virus (HIV); and
(C) the person had received risk counseling as described in
subsection (g).
(10) The person committed the offense in an area of a
consolidated or second class city that is designated as a public
safety improvement area by the Indiana criminal justice institute
under IC 36-8-19.5.
(11) The injury to or death of the victim of the crime was the
result of shaken baby syndrome (as defined in IC 16-41-40-2).
(12) Before the commission of the crime, the person administered
to the victim of the crime, without the victim's knowledge, a
sedating drug or a drug that had a hypnotic effect on the victim,
or the person had knowledge that such a drug had been
administered to the victim without the victim's knowledge.
(13) The person:
(A) committed trafficking with an inmate under IC 35-44-3-9;
and
(B) is an employee of the penal facility.
(c) The court may consider the following factors as mitigating
circumstances or as favoring suspending the sentence and imposing
probation:
(1) The crime neither caused nor threatened serious harm to
persons or property, or the person did not contemplate that it
would do so.
(2) The crime was the result of circumstances unlikely to recur.
(3) The victim of the crime induced or facilitated the offense.
(4) There are substantial grounds tending to excuse or justify the
crime, though failing to establish a defense.
(5) The person acted under strong provocation.
(6) The person has no history of delinquency or criminal activity,
or the person has led a law-abiding life for a substantial period
before commission of the crime.
(7) The person is likely to respond affirmatively to probation or
short term imprisonment.
(8) The character and attitudes of the person indicate that the
person is unlikely to commit another crime.
(9) The person has made or will make restitution to the victim of
the crime for the injury, damage, or loss sustained.
(10) Imprisonment of the person will result in undue hardship to
the person or the dependents of the person.
(11) The person was convicted of a crime involving the use of
force against a person who had repeatedly inflicted physical or
sexual abuse upon the convicted person and evidence shows that
the convicted person suffered from the effects of battery as a
result of the past course of conduct of the individual who is the
victim of the crime for which the person was convicted.
(d) The criteria listed in subsections (b) and (c) do not limit the
matters that the court may consider in determining the sentence.
(e) For the purposes of this article, the following crimes are
considered sex crimes:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child seduction (IC 35-42-4-7).
(5) Prostitution (IC 35-45-4-2).
(6) Patronizing a prostitute (IC 35-45-4-3).
(7) Incest (IC 35-46-1-3).
(8) Sexual misconduct with a minor under IC 35-42-4-9(a).
(f) For the purposes of this article, the following crimes are
considered offenses related to controlled substances:
(1) Dealing in or manufacturing cocaine, or a narcotic drug, or
methamphetamine (IC 35-48-4-1).
(2) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(3) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(4) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(5) Possession of cocaine,
or a narcotic drug,
or
methamphetamine (IC 35-48-4-6).
(6) Possession of a controlled substance (IC 35-48-4-7).
(7) Dealing in paraphernalia (IC 35-48-4-8.5).
(8) Possession of paraphernalia (IC 35-48-4-8.3).
(9) Offenses relating to registration (IC 35-48-4-14).
(g) For the purposes of this section, a person received risk
counseling if the person had been:
(1) notified in person or in writing that tests have confirmed the
presence of antibodies to the human immunodeficiency virus
(HIV) in the person's blood; and
(2) warned of the behavior that can transmit HIV.
SOURCE: IC 35-38-2.6-1; (01)EH1892.2.13. -->
SECTION 13. IC 35-38-2.6-1, AS AMENDED BY P.L.242-1999,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 1. (a) Except as provided in subsection (b), this
chapter applies to the sentencing of a person convicted of:
(1) a felony whenever any part of the sentence may not be
suspended under IC 35-50-2-2 or IC 35-50-2-2.1; or
(2) a misdemeanor whenever any part of the sentence may not be
suspended.
(b) This chapter does not apply to persons convicted of any of the
following:
(1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.
(2) Offenses related to controlled substances listed in
IC 35-38-1-7.1 for which a Class A or Class B felony is imposed.
(3) (2) Any of the felonies listed in IC 35-50-2-2(b)(4).
SOURCE: IC 35-41-1-29; (01)EH1892.2.14. -->
SECTION 14. IC 35-41-1-29 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 29. (a) "Youth program center"
means the following:
(1) A building or structure that on a regular basis provides
recreational, vocational, academic, social, or other programs
or services for persons less than eighteen (18) years of age.
(2) The real property on which a building or structure
described in subdivision (1) is located.
(b) The term does not include school property (as defined in
section 24.7 of this chapter).
SOURCE: IC 35-42-1-1; (01)EH1892.2.15. -->
SECTION 15. IC 35-42-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. A person who:
(1) knowingly or intentionally kills another human being;
(2) kills another human being while committing or attempting to
commit arson, burglary, child molesting, consumer product
tampering, criminal deviate conduct, kidnapping, rape, robbery,
or carjacking;
(3) kills another human being while committing or attempting to
commit:
(A) dealing in or manufacturing cocaine, or a narcotic drug,
or methamphetamine (IC 35-48-4-1);
(B) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2);
(C) dealing in a schedule IV controlled substance
(IC 35-48-4-3); or
(D) dealing in a schedule V controlled substance; or
(4) knowingly or intentionally kills a fetus that has attained
viability (as defined in IC 16-18-2-365);
commits murder, a felony.
SOURCE: IC 35-45-6-1; (01)EH1892.2.16. -->
SECTION 16. IC 35-45-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. As used in this
chapter:
"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.
"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.
"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.
"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 23-2-1, or of a rule or order issued under
IC 23-2-1.
(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) Child exploitation (IC 35-42-4-4).
(9) Robbery (IC 35-42-5-1).
(10) Carjacking (IC 35-42-5-2).
(11) Arson (IC 35-43-1-1).
(12) Burglary (IC 35-43-2-1).
(13) Theft (IC 35-43-4-2).
(14) Receiving stolen property (IC 35-43-4-2).
(15) Forgery (IC 35-43-5-2).
(16) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(9)).
(17) Bribery (IC 35-44-1-1).
(18) Official misconduct (IC 35-44-1-2).
(19) Conflict of interest (IC 35-44-1-3).
(20) Perjury (IC 35-44-2-1).
(21) Obstruction of justice (IC 35-44-3-4).
(22) Intimidation (IC 35-45-2-1).
(23) Promoting prostitution (IC 35-45-4-4).
(24) Promoting professional gambling (IC 35-45-5-4).
(25) Dealing in or manufacturing cocaine, or a narcotic drug, or
methamphetamine (IC 35-48-4-1).
(26) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(27) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(28) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(29) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
(30) Money laundering (IC 35-45-15-5).
SOURCE: IC 35-47-4-5; (01)EH1892.2.17. -->
SECTION 17. IC 35-47-4-5, AS AMENDED BY P.L.14-2000,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 5. (a) As used in this section, "serious violent
felon" means a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially similar
to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious
violent felony in:
(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2;
or
(B) any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially similar
to the elements of attempting to commit or conspiring to
commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle
(IC 35-42-1-5);
(4) battery as a Class B felony (IC 35-42-2-1(a)(4)) or Class C
felony (IC 35-42-2-1(a)(3));
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony
(IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony
(IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C
felony (IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(19) trafficking with an inmate as a Class C felony
(IC 35-44-3-9);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony
(IC 35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine, or a narcotic drug, or
methamphetamine (IC 35-48-4-1);
(24) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2);
(25) dealing in a schedule IV controlled substance (IC 35-48-4-3);
or
(26) dealing in a schedule V controlled substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or intentionally possesses
a firearm commits unlawful possession of a firearm by a serious violent
felon, a Class B felony.
SOURCE: IC 35-48-1-18; (01)EH1892.2.18. -->
SECTION 18. IC 35-48-1-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 18. "Manufacture"
means:
(1) the production, preparation, propagation, compounding,
conversion, or processing of a controlled substance, either directly
or indirectly by extraction from substances of natural origin,
independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and includes
any packaging or repackaging of the substance or labeling or
relabeling of its container. It does not include the preparation or
compounding of a controlled substance by an individual for his
own use or the preparation, compounding, packaging, or labeling
of a controlled substance:
(A) by a practitioner as an incident to his administering or
dispensing of a controlled substance in the course of his
professional practice; or
(B) by a practitioner, or by his authorized agent under his
supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis and not for sale; or
(2) the organizing or supervising of an activity described in
subdivision (1).
SOURCE: IC 35-48-4-1; (01)EH1892.2.19. -->
SECTION 19. IC 35-48-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
cocaine, or a narcotic drug, or methamphetamine, pure or
adulterated, classified in schedule I or II; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
cocaine, or a narcotic drug, or methamphetamine, pure or
adulterated, classified in schedule I or II;
commits dealing in cocaine, or a narcotic drug, or methamphetamine,
a Class B felony, except as provided in subsection (b).
(b) The offense is a Class A felony if:
(1) the amount of the drug involved weighs three (3) grams or
more;
(2) the person:
(A) delivered; or
(B) financed the delivery of;
the drug to a person under eighteen (18) years of age at least three
(3) years junior to the person; or
(3) the person manufactured, delivered or financed the delivery
of the drug:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park; or
(iii) a family housing complex; or
(iv) a youth program center.
SOURCE: IC 35-48-4-2; (01)EH1892.2.20. -->
SECTION 20. IC 35-48-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
a controlled substance, pure or adulterated, classified in schedule
I, II, or III, except marijuana, hash oil, or hashish; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
a controlled substance, pure or adulterated, classified in schedule
I, II, or III, except marijuana, hash oil, or hashish;
commits dealing in a schedule I, II, or III controlled substance, a Class
B felony, except as provided in subsection (b).
(b) The offense is a Class A felony if:
(1) the person:
(A) delivered; or
(B) financed the delivery of;
the substance to a person under eighteen (18) years of age at least
three (3) years junior to the person; or
(2) the person delivered or financed the delivery of the substance:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park; or
(iii) a family housing complex; or
(iv) a youth program center.
SOURCE: IC 35-48-4-3; (01)EH1892.2.21. -->
SECTION 21. IC 35-48-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
a controlled substance, pure or adulterated, classified in schedule
IV; or
(2) possesses, with intent to manufacture or deliver, a controlled
substance, pure or adulterated, classified in schedule IV;
commits dealing in a schedule IV controlled substance, a Class C
felony, except as provided in subsection (b).
(b) The offense is a Class B felony if:
(1) the person:
(A) delivered; or
(B) financed the delivery of;
the substance to a person under eighteen (18) years of age at least
three (3) years junior to the person; or
(2) the person delivered or financed the delivery of the substance:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park; or
(iii) a family housing complex; or
(iv) a youth program center.
SOURCE: IC 35-48-4-4; (01)EH1892.2.22. -->
SECTION 22. IC 35-48-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
a controlled substance, pure or adulterated, classified in schedule
V; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
a controlled substance, pure or adulterated, classified in schedule
V;
commits dealing in a schedule V controlled substance, a Class D
felony, except as provided in subsection (b).
(b) The offense is a Class B felony if:
(1) the person:
(A) delivered; or
(B) financed the delivery of;
the substance to a person under eighteen (18) years of age at least
three (3) years junior to the person; or
(2) the person delivered or financed the delivery of the substance:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park; or
(iii) a family housing complex; or
(iv) a youth program center.
SOURCE: IC 35-48-4-4.1; (01)EH1892.2.23. -->
SECTION 23. IC 35-48-4-4.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 4.1. (a) A person who dumps,
discharges, discards, transports, or otherwise disposes of:
(1) chemicals, knowing the chemicals were used in the illegal
manufacture of a controlled substance or an immediate
precursor; or
(2) waste, knowing that the waste was produced from the
illegal manufacture of a controlled substance or an immediate
precursor;
commits dumping controlled substance waste, a Class D felony.
(b) It is not a defense in a prosecution under subsection (a) that
the person did not manufacture the controlled substance or
immediate precursor.
SOURCE: IC 35-48-4-6; (01)EH1892.2.24. -->
SECTION 24. IC 35-48-4-6, AS AMENDED BY P.L.188-1999,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 6. (a) A person who, without a valid prescription
or order of a practitioner acting in the course of the practitioner's
professional practice, knowingly or intentionally possesses cocaine
(pure or adulterated),
or a narcotic drug (pure or adulterated) classified
in schedule I or II, or methamphetamine (pure or adulterated)
commits possession of cocaine, or a narcotic drug, or
methamphetamine, a Class D felony, except as provided in subsection
(b).
(b) The offense is:
(1) a Class C felony if:
(A) the amount of the drug involved (pure or adulterated)
weighs three (3) grams or more; or
(B) the person was also in possession of a firearm (as defined
in IC 35-47-1-5);
(2) a Class B felony if the person in possession of the cocaine, or
narcotic drug, or methamphetamine possesses less than three (3)
grams of pure or adulterated cocaine, or a narcotic drug, or
methamphetamine:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park; or
(iii) a family housing complex; and or
(iv) a youth program center; and
(3) a Class A felony if the person possesses the cocaine, or
narcotic drug, or methamphetamine in an amount (pure or
adulterated) weighing at least three (3) grams:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park; or
(iii) a family housing complex; or
(iv) a youth program center.
SOURCE: IC 35-48-4-7; (01)EH1892.2.25. -->
SECTION 25. IC 35-48-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) A person who,
without a valid prescription or order of a practitioner acting in the
course of his professional practice, knowingly or intentionally
possesses a controlled substance (pure or adulterated) classified in
schedule I, II, III, or IV, except marijuana or hashish, commits
possession of a controlled substance, a Class D felony. However, the
offense is a Class C felony if the person in possession of the controlled
substance possesses the controlled substance:
(1) on a school bus; or
(2) in, on, or within one thousand (1,000) feet of:
(A) school property;
(B) a public park; or
(C) a family housing complex; or
(D) a youth program center.
(b) A person who, without a valid prescription or order of a
practitioner acting in the course of his professional practice, knowingly
or intentionally obtains:
(1) more than four (4) ounces of schedule V controlled substances
containing codeine in any given forty-eight (48) hour period
unless pursuant to a prescription;
(2) a schedule V controlled substance pursuant to written or
verbal misrepresentation; or
(3) possession of a schedule V controlled substance other than by
means of a prescription or by means of signing an exempt
narcotic register maintained by a pharmacy licensed by the
Indiana state board of pharmacy;
commits a Class D felony.
SOURCE: IC 35-48-4-10; (01)EH1892.2.26. -->
SECTION 26. IC 35-48-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: 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, or hashish, 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, or hashish, pure or adulterated;
commits dealing in marijuana, hash oil, or hashish, 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 more than thirty (30) grams but
less than ten (10) pounds of marijuana or two (2) grams but
less than three hundred (300) grams of hash oil or hashish; or
(C) the person has a prior conviction of an offense involving
marijuana, hash oil, or hashish; and
(2) a Class C felony if the amount involved is ten (10) pounds or
more of marijuana or three hundred (300) or more grams of hash
oil or hashish or the person delivered or financed the delivery of
marijuana, hash oil, or hashish:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park; or
(iii) a family housing complex; or
(iv) a youth program center.
SOURCE: IC 35-48-4-13; (01)EH1892.2.27. -->
SECTION 27. IC 35-48-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: 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;
(B) (C) offering for sale;
(C) (D) selling;
(D) (E) delivering; or
(E) (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.
SOURCE: IC 35-48-4-14.5; (01)EH1892.2.28. -->
SECTION 28. IC 35-48-4-14.5, AS ADDED BY P.L.150-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 14.5. (a) As used in this section, "chemical
reagents or precursors" refers to one (1) or more of the following:
(1) Ephedrine.
(2) Pseudoephedrine.
(3) Phenylpropanolamine.
(4) The salts, isomers, and salts of isomers of a substance
identified in subdivisions (1) through (3).
(5) Anhydrous ammonia
or ammonia solution (as defined in
IC 22-11-20-1).
(6) Organic solvents.
(7) Hydrochloric acid.
(8) Lithium metal.
(9) Sodium metal.
(10) Ether.
(11) Sulfuric acid.
(12) Red phosphorous.
(13) Iodine.
(14) Sodium hydroxide (lye).
(15) Potassium dichromate.
(16) Sodium dichromate.
(17) Potassium permanganate.
(18) Chromium trioxide.
(b)
A person who possesses anhydrous ammonia or ammonia
solution (as defined in IC 22-11-20-1) with the intent to
manufacture methamphetamine, a schedule II controlled substance
under IC 35-48-2-6, commits a Class D felony. However, the
offense is a Class C felony if the person possessed:
(1) a firearm while possessing anhydrous ammonia or
ammonia solution (as defined in IC 22-11-20-1) with intent to
manufacture methamphetamine, a schedule II controlled
substance under IC 35-48-2-6; or
(2) anhydrous ammonia or ammonia solution (as defined in
IC 22-11-20-1) with intent to manufacture methamphetamine,
a schedule II controlled substance under IC 35-48-2-6 in, on,
or within one thousand (1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(c) A person who possesses two (2) or more chemical reagents or
precursors with the intent to manufacture:
(1) Methcathinone, a schedule I controlled substance under
IC 35-48-2-4;
(2) Methamphetamine, a schedule II controlled substance under
IC 35-48-2-6;
(3) Amphetamine, a schedule II controlled substance under
IC 35-48-2-6; or
(4) Phentermine, a schedule IV controlled substance under
IC 35-48-2-10;
commits a Class D felony.
(d) An offense under subsection (c) is a Class C felony if the
person possessed:
(1) a firearm while possessing two (2) or more chemical
reagents or precursors with intent to manufacture
methamphetamine, a schedule II controlled substance under
IC 35-48-2-6; or
(2) two (2) or more chemical reagents or precursors with
intent to manufacture methamphetamine, a schedule II
controlled substance under IC 35-48-2-6 in, on, or within one
thousand (1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
SOURCE: IC 35-48-4-16; (01)EH1892.2.29. -->
SECTION 29. IC 35-48-4-16 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]:
Sec. 16. (a) For an offense under this
chapter that requires proof of:
(1) delivery of cocaine, a narcotic drug, methamphetamine, or
a controlled substance;
(2) financing the delivery of cocaine, a narcotic drug,
methamphetamine, or a controlled substance; or
(3) possession of cocaine, narcotic drug, methamphetamine,
or controlled substance;
within one thousand (1,000) feet of school property, a public park,
a family housing complex, or a youth program center, the person
charged may assert the defense in subsection (b) or (c).
(b) It is a defense for a person charged under this chapter with
an offense that contains an element listed in subsection (a) that:
(1) a person was briefly in, on, or within one thousand (1,000)
feet of school property, a public park, a family housing
complex, or a youth program center; and
(2) no person under eighteen (18) years of age at least three
(3) years junior to the person was in, on, or within one
thousand (1,000) feet of the school property, public park,
family housing complex, or youth program center at the time
of the offense.
(c) It is a defense for a person charged under this chapter with
an offense that contains an element listed in subsection (a) that a
person was in, on, or within one thousand (1,000) feet of school
property, a public park, a family housing complex, or a youth
program center at the request or suggestion of a law enforcement
officer or an agent of a law enforcement officer.
(d) The defense under this section applies only to the element of
the offense that requires proof that the delivery, financing of the
delivery, or possession of cocaine, a narcotic drug,
methamphetamine, or a controlled substance occurred 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 35-50-2-2; (01)EH1892.2.30. -->
SECTION 30. IC 35-50-2-2, AS AMENDED BY P.L.188-1999,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 2. (a) The court may suspend any part of a
sentence for a felony, except as provided in this section or in section
2.1 of this chapter.
(b) With respect to the following crimes listed in this subsection, the
court may suspend only that part of the sentence that is in excess of the
minimum sentence:
(1) The crime committed was a Class A or Class B felony and the
person has a prior unrelated felony conviction.
(2) The crime committed was a Class C felony and less than seven
(7) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class C felony for which the person is
being sentenced.
(3) The crime committed was a Class D felony and less than three
(3) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class D felony for which the person is
being sentenced. However, the court may suspend the minimum
sentence for the crime only if the court orders home detention
under IC 35-38-1-21 or IC 35-38-2.5-5 instead of the minimum
sentence specified for the crime under this chapter.
(4) The felony committed was:
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A
felony;
(H) child molesting (IC 35-42-4-3) as a Class A or Class B
felony;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or
with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily
injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury
or with a deadly weapon;
(L) resisting law enforcement (IC 35-44-3-3) with a deadly
weapon;
(M) escape (IC 35-44-3-5) with a deadly weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine,
or a narcotic drug,
or
methamphetamine (IC 35-48-4-1)
as a Class A felony; if the
court finds the person possessed a firearm (as defined in
IC 35-47-1-5) at the time of the offense, or the person
delivered or intended to deliver to a person under eighteen
(18) years of age at least three (3) years junior to the
person and was on a school bus or within one thousand
(1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(P) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2) if
the amount of controlled substance involved
has an aggregate weight of three (3) grams or more; the court
finds the person possessed a firearm (as defined in
IC 35-47-1-5) at the time of the offense, or the person
delivered or intended to deliver to a person under eighteen
(18) years of age at least three (3) years junior to the
person and was on a school bus or within one thousand
(1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(Q) an offense under IC 9-30-5 (operating a vehicle while
intoxicated) and the person who committed the offense has
accumulated at least two (2) prior unrelated convictions under
IC 9-30-5; or
(R) aggravated battery (IC 35-42-2-1.5).
(c) Except as provided in subsection (e), whenever the court
suspends a sentence for a felony, it shall place the person on probation
under IC 35-38-2 for a fixed period to end not later than the date that
the maximum sentence that may be imposed for the felony will expire.
(d) The minimum sentence for a person convicted of voluntary
manslaughter may not be suspended unless the court finds at the
sentencing hearing that the crime was not committed by means of a
deadly weapon.
(e) Whenever the court suspends that part of an offender's (as
defined in IC 5-2-12-4) sentence that is suspendible under subsection
(b), the court shall place the offender on probation under IC 35-38-2 for
not more than ten (10) years.
(f) An additional term of imprisonment imposed under
IC 35-50-2-11 may not be suspended.
(g) A term of imprisonment imposed under IC 35-47-10-6 or
IC 35-47-10-7 may not be suspended if the commission of the offense
was knowing or intentional.
(h) A term of imprisonment imposed for an offense under
IC 35-48-4-6(b)(1)(B) may not be suspended.
SOURCE: ; (01)EH1892.2.31. -->
SECTION 31. [EFFECTIVE JULY 1, 2001]
(a) IC 31-34-1-2,
IC 35-38-1-7.1, IC 35-42-1-1, IC 35-45-6-1, IC 35-47-4-5,
IC 35-48-1-18, IC 35-48-4-1, IC 35-48-4-2, IC 35-48-4-3,
IC 35-48-4-4, IC 35-48-4-6, IC 35-48-4-7, IC 35-48-4-10,
IC 35-48-4-13, and IC 35-50-2-2, all as amended by this act, and
IC 22-11-20-6, IC 35-48-4-4.1, IC 35-41-1-29, as added by this act,
apply only to offenses committed after June 30, 2001.
(b) IC 34-30-3-2, as added by this act, applies only to a cause of
action that accrues after June 30, 2001. The enactment of
IC 34-30-3-2, as added by this act, may not be considered in
determining liability for a cause of action that accrues before July
1, 2001.
(c) IC 35-33-5-5, as amended by this act, applies to all actions of
a law enforcement agency taken after June 30, 2001.
(d) The amendment of IC 35-38-2.6-1 by this act shall not be
construed to reduce or invalidate a sentence imposed before July
1, 2001.