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HOUSE BILL No. 1024

Citations Affected: IC 35-43-5.5 .

Synopsis: Commercial bribery. Establishes the crime of commercial bribery, a Class A misdemeanor. Provides that the offense is a Class D felony if the fair market value of the property that is the subject of the commercial bribery exceeds $2,500.

Effective: July 1, 2002.

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Ulmer

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    January 8, 2002, read first time and referred to Committee on Rules and Legislative Procedures.

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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 2001 General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

SOURCE: IC 35-43-5.5; (02)IN1024.1.1. -->     SECTION 1. IC 35-43-5.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]:
     Chapter 5.5. Commercial Bribery
    Sec. 1. A person who:
        (1) solicits, accepts, or agrees to accept property with intent to violate a duty of fidelity to which the person is subject as:
            (A) partner, agent, or employee of another;
            (B) trustee, guardian, or other fiduciary;
            (C) attorney, physician, accountant, appraiser, or other professional adviser or informant;
            (D) officer, director, manager, or other participant in the direction of the affairs of an incorporated or unincorporated association; or
            (E) arbitrator or other purportedly disinterested adjudicator or referee;
        (2) represents to the public that the person is engaged in the

business of making disinterested selection, appraisal, or criticism of commodities or services and solicits, accepts, or agrees to accept property to influence the person's selection, appraisal, or criticism; or
        (3) confers, offers to confer, or agrees to confer property, the acceptance of which violates subdivision (1) or (2);
commits commercial bribery, a Class A misdemeanor. However, the offense is a Class D felony if the fair market value of the property exceeds two thousand five hundred dollars ($2,500).