HOUSE BILL No. 1062
DIGEST OF INTRODUCED BILL
Synopsis: Identity theft and additional restitution. Provides that a court
may order additional restitution to the victim of identity theft for
expenses incurred after the defendant's sentencing date.
Effective: July 1, 2003.
January 7, 2003, read first time and referred to Committee on Courts and Criminal Code.
First Regular Session 113th General Assembly (2003)
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HOUSE BILL No. 1062
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 35-50-5-3.5; (03)IN1062.1.1. -->
IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 3.5. (a) This section applies only to a person convicted
(b) Except as provided in section 3(i) of this chapter, in addition
to any sentence imposed under this article for a felony or
misdemeanor or any restitution imposed under section 3 of this
chapter, the court may order the person to make additional
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
additional restitution order upon a consideration of expenses
incurred after the person was sentenced, including the following:
(1) Earnings lost by the victim as a result of the crime,
including earnings lost while the victim corrected the victim's
(2) Expenses incurred by the victim to correct the victim's
credit report, including attorney's fees, accountant fees, and
other reasonable fees paid to a third party.
(3) Any additional interest, penalties, fees, or other economic
loss borne by the victim as a result of the crime.
(c) The trial court shall determine the amount of additional
restitution owed the victim as of the date that the person is released
(1) incarceration, if the person is incarcerated; or
(2) court supervision, if the person is subject to court
whichever is later. However, upon request of the victim, the trial
court may determine the amount of additional restitution owed as
of an earlier date.
(d) A restitution order under this section 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
in the same manner as a judgment lien created in a civil
SOURCE: ; (03)IN1062.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2003] IC 35-50-5-3.5, as
added by this act, applies only to crimes committed after June 30,