Introduced Version
HOUSE BILL No. 1218
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 35-43-4-4
;
IC 35-43-5.
Synopsis: False sales receipts and product codes. Specifies, for the
crime of theft and related crimes, that altering, substituting, or
transferring a universal product code (UPC) or another product
identification code constitutes prima facie evidence of intent to deprive
the owner of property and exerting unauthorized control over property.
In the law governing forgery and related crimes: (1) specifies that the
act of copying, reproducing, or counterfeiting a written instrument is
included in the term "make"; and (2) specifies that retail sales receipts,
labels, and markings with a universal product code (UPC) or other
product identification code are included in the term "written
instrument". Makes it a felony to, with intent to defraud: (1) make or
place a false universal product code (UPC) or another product
identification code of a product for sale; (2) make a false or duplicate
sales receipt; or (3) deliver a false universal product code (UPC), false
product identification code, or false or duplicate sales receipt. Makes
it a Class A misdemeanor to, with intent to defraud: (1) possess a
device to make a retail sales receipt or a label containing a universal
product code (UPC) or another product identification code; or (2)
possess a retail sales receipt or label containing a universal product
code (UPC) that applies to another item.
Effective: July 1, 2001.
Mellinger
January 9, 2001, read first time and referred to Committee on Courts and Criminal Code.
Introduced
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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.
HOUSE BILL No. 1218
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 35-43-4-4; (01)IN1218.1.1. -->
SECTION 1.
IC 35-43-4-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) The price tag or
price marking on property displayed or offered for sale constitutes
prima facie evidence of the value and ownership of the property.
(b) Evidence that a person:
(1) altered, substituted, or transferred a universal product code
(UPC) or another product identification code, label, price tag,
or price marking on property displayed or offered for sale or hire;
or
(2) transferred property displayed or offered for sale or hire from
the package, bag, or container in or on which the property was
displayed or offered to another package, bag, or container;
constitutes prima facie evidence of intent to deprive the owner of the
property of a part of its value and that the person exerted unauthorized
control over the property.
(c) Evidence that a person:
(1) concealed property displayed or offered for sale or hire; and
(2) removed the property from any place within the business
premises at which it was displayed or offered to a point beyond
that at which payment should be made;
constitutes prima facie evidence of intent to deprive the owner of the
property of a part of its value and that the person exerted unauthorized
control over the property.
(d) Except as provided in subsection (e) of this section, evidence of
failure to perform as promised, by itself, does not constitute evidence
that the promisor knew that the promise would not be performed.
(e) Except as provided in section 5(b) of this chapter, a person who
has insufficient funds in or no account with a drawee credit institution
and who makes, draws, or utters a check, draft, or order for payment on
the credit institution may be inferred:
(1) to have known that the credit institution would refuse payment
upon presentment in the usual course of business; and
(2) to have intended to deprive the owner of any property
acquired by making, drawing, or uttering the check, draft, or order
for payment of a part of the value of that property.
(f) Evidence that a person, after renting or leasing any property
under a written agreement providing for the return of the property to a
particular place at a particular time, failed to return the property to the
place within seventy-two (72) hours after the agreed time constitutes
prima facie evidence that he exerted unauthorized control over the
property.
(g) A judge may find that a photograph of property over which a
person is alleged to have exerted unauthorized control or to have
otherwise obtained unlawfully is competent evidence, if the
photograph:
(1) will serve the purpose of demonstrating the nature of the
property; and
(2) is otherwise admissible into evidence under all other rules of
law governing the admissibility of photographs into evidence.
The fact that it is impractical to introduce into evidence the actual
property for any reason, including its size, weight, or unavailability,
need not be established for a judge to find a photograph of that property
to be competent evidence. If a photograph is found to be competent
evidence under this subsection, it is admissible into evidence in place
of the property and to the same extent as the property itself.
(h) A law enforcement agency that is holding as evidence property
over which a person is alleged to have exerted unauthorized control or
to have otherwise obtained unlawfully, may return that property to its
owner if:
(1) the property has been photographed in a manner that will
serve the purpose of demonstrating the nature of the property, and
if these photographs are filed with or retained by the law
enforcement agency in place of the property;
(2) receipt for the property is obtained from the owner upon
delivery by the law enforcement agency;
(3) the prosecuting attorney who is prosecuting a case that
involves the property has not requested the law enforcement
agency to decline requests for return of the property to its owner;
and
(4) the property may be lawfully possessed by the owner.
SOURCE: IC 35-43-5-1; (01)IN1218.1.2. -->
SECTION 2.
IC 35-43-5-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) The definitions
set forth in this section apply throughout this chapter.
(b) "Claim statement" means an insurance policy, a document or
statement made in support of a claim for payment or other benefit
under an insurance policy, or other evidence of expense, injury, or loss.
The term includes statements made orally, in writing, or as a computer
generated document, including the following:
(1) An account.
(2) A bill for services.
(3) A bill of lading.
(4) A claim.
(5) A diagnosis.
(6) An estimate of property damages.
(7) A hospital record.
(8) An invoice.
(9) A notice.
(10) A proof of loss.
(11) A receipt for payment.
(12) A physician's records.
(13) A prescription.
(14) A statement.
(15) A test result.
(16) X-rays.
(c) "Coin machine" means a coin box, vending machine, or other
mechanical or electronic device or receptacle designed:
(1) to receive a coin, bill, or token made for that purpose; and
(2) in return for the insertion or deposit of a coin, bill, or token
automatically:
(A) to offer, provide, or assist in providing; or
(B) to permit the acquisition of;
some property.
(d) "Credit card" means an instrument or device (whether known as
a credit card or charge plate, or by any other name) issued by an issuer
for use by or on behalf of the credit card holder in obtaining property.
(e) "Credit card holder" means the person to whom or for whose
benefit the credit card is issued by an issuer.
(f) "Customer" means a person who receives or has contracted for
a utility service.
(g) "Entrusted" means held in a fiduciary capacity or placed in
charge of a person engaged in the business of transporting, storing,
lending on, or otherwise holding property of others.
(h)
"Insurance policy" includes the following:
(1) An insurance policy.
(2) A contract with a health maintenance organization (as defined
in
IC 27-13-1-19
).
(3) An administrator contract entered into under
IC 27-1-25.
(i)
"Insurer" has the meaning set forth in
IC 27-1-2-3
(x).
(j) "Manufacturer" means a person who manufactures a recording.
The term does not include a person who manufactures a medium upon
which sounds or visual images can be recorded or stored.
(k) "Make" means to draw, prepare, complete,
counterfeit, copy or
otherwise reproduce, or alter any written instrument in whole or in
part.
(l) "Metering device" means a mechanism or system used by a
utility to measure or record the quantity of services received by a
customer.
(m) "Public relief or assistance" means any payment made, service
rendered, hospitalization provided, or other benefit extended to a
person by a governmental entity from public funds and includes poor
relief, food stamps, direct relief, unemployment compensation, and any
other form of support or aid.
(n) "Recording" means a tangible medium upon which sounds or
visual images are recorded or stored. The term includes the following:
(1) An original:
(A) phonograph record;
(B) compact disc;
(C) wire;
(D) tape;
(E) audio cassette;
(F) video cassette; or
(G) film.
(2) Any other medium on which sounds or visual images are or
can be recorded or otherwise stored.
(3) A copy or reproduction of an item in subdivision (1) or (2)
that duplicates an original recording in whole or in part.
(o) "Slug" means an article or object that is capable of being
deposited in a coin machine as an improper substitute for a genuine
coin, bill, or token.
(p) "Utility" means a person who owns or operates, for public use,
any plant, equipment, property, franchise, or license for the production,
storage, transmission, sale, or delivery of electricity, water, steam,
telecommunications, information, or gas.
(q) "Written instrument" means a paper, document, or other
instrument containing written matter and includes money, coins,
tokens, stamps, seals, credit cards, badges, trademarks, medals, retail
sales receipts, labels or markings (including a universal product
code (UPC) or another product identification code), or other objects
or symbols of value, right, privilege, or identification.
SOURCE: IC 35-43-5-14; (01)IN1218.1.3. -->
SECTION 3.
IC 35-43-5-14
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 14. (a) A person who, with intent to defraud,
possesses:
(1) a retail sales receipt;
(2) a label or other item with a universal product code (UPC);
or
(3) a label or other item that contains a product identification
code that applies to an item other than the items to which the
label or other item applies;
commits possession of a fraudulent sales document, a Class A
misdemeanor.
(b) The offense under subsection (a) is a Class D felony if the
person possesses at least fifteen (15):
(1) retail sales receipts;
(2) labels containing a universal product code (UPC);
(3) labels containing another product identification code; or
(4) of any combination of the items described in subdivisions
(1) through (3).
SOURCE: IC 35-43-5-15; (01)IN1218.1.4. -->
SECTION 4.
IC 35-43-5-15
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 15. A person who, with intent to defraud, possesses a
device to make retail sales receipts, universal product codes (UPC),
or other product identification codes, commits possession of a
fraudulent sales document manufacturing device, a Class A
misdemeanor.
SOURCE: IC 35-43-5-16; (01)IN1218.1.5. -->
SECTION 5.
IC 35-43-5-16
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 16. A person who, with intent to defraud:
(1) makes or puts a false universal product code (UPC) or
another product identification code on property displayed or
offered for sale; or
(2) makes a false sales receipt;
commits making a false sales document, a Class D felony.
SOURCE: IC 35-43-5-17; (01)IN1218.1.6. -->
SECTION 6.
IC 35-43-5-17
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 17. A person who, with intent to defraud, delivers a:
(1) false sales receipt;
(2) duplicate of a sales receipt; or
(3) label or other item with a false universal product code
(UPC) or other product identification code;
to another person commits delivery of a false sales document, a
Class D felony.
SOURCE: ; (01)IN1218.1.7. -->
SECTION 7. [EFFECTIVE JULY 1, 2001]
(a)
IC 35-43-5-14
,
IC 35-43-5-15
,
IC 35-43-5-16
, and
IC 35-43-5-17
, all as added by
this act, apply only to offenses committed after June 30, 2001.
(b) The amendment by this act of
IC 35-43-4-4
and
IC 35-43-5-1
is intended to specify that the scope of the amended terms includes
retail sales receipts, universal product codes (UPC), and other
product identification codes. The amendment of these definitions
shall not be construed to mean that these terms did not cover retail
sales receipts, universal product codes (UPC), and other product
identification codes before July 1, 2001.