Introduced Version




HOUSE BILL No. 1062

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-50-5-3.5 .

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.



Cheney


    January 7, 2003, read first time and referred to Committee on Courts and Criminal Code.




Introduced

First Regular Session 113th General Assembly (2003)


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 2002 Regular or Special Session of the General Assembly.

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. -->     SECTION 1. IC 35-50-5-3.5 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 under IC 35-43-5-3.5 (identity deception).
    (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 credit report.
        (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 from:
        (1) incarceration, if the person is incarcerated; or
        (2) court supervision, if the person is subject to court supervision;
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
        (4) expires;
in the same manner as a judgment lien created in a civil proceeding.

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, 2003.