Effective: July 1, 2006.
January 12, 2006, read first time and referred to Committee on Courts and Criminal Code.
invoke certain procedures for evidence concerning protected persons;
(2) can be a crime of domestic violence; (3) can be murder if a person
is killed during the commission of the crime; and (4) can be a
"racketeering activity". Requires the sentencing policy study committee
to study issues related to human trafficking. Requires the law
enforcement training board to establish minimum standards for a
course of study on human and sexual trafficking that must be required
for each person accepted for training at a law enforcement training
school or academy and for inservice training programs for law
enforcement officers.
A BILL FOR AN ACT to amend the Indiana Code concerning
human and sexual trafficking.
enforcement training
of Law Enforcement Officer for Victim of Trafficking in
Persons (Form I-914, Supplement B) requirements
established under federal law.
to exercise the police powers described in subsection (d) for one (1)
year after the date the law enforcement officer is appointed.
for lacking the required amount of inservice training hours is due to
within six (6) months of the date the police chief initially takes office,
the police chief must successfully complete the next available executive
training program that is offered
than six (6) months after the officer's date of hire, or the officer loses
the officer's powers of:
custody order:
ability to function normally in society; and
defendant's attorney of the intention to have the protected person
testify outside the courtroom; and
JULY 1, 2006]:
that:
court; and
(SENATE SPONSORS _ DELPH, LONG, LANANE, SIMPSON, ZAKAS,
KRUSE, STEELE)
January 26, 2006, amended, reported _ Do Pass.
January 30, 2006, read second time, ordered engrossed. Engrossed.
February 2, 2006, read third time, passed. Yeas 97, nays 0.
February 7, 2006, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
February 23, 2006, amended, reported favorably _ Do Pass.
Digest Continued
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 2005 Regular Session of the General Assembly.
Such The rules, which shall
be adopted only after necessary and proper investigation and inquiry by
the board, shall include the establishment of the following:
(1) Minimum standards of physical, educational, mental, and
moral fitness which shall govern the acceptance of any person for
training by any law enforcement training school or academy
meeting or exceeding the minimum standards established
pursuant to this chapter.
(2) Minimum standards for law enforcement training schools
administered by towns, cities, counties, the northwest Indiana law
center, centers, agencies, or departments of
the state.
(3) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) Minimum standards for a course of study on cultural diversity
awareness that must be required for each person accepted for
training at a law enforcement training school or academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers not appointed for probationary terms but appointed on
other than a permanent basis shall complete in order to be eligible
for continued employment or permanent appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with
persons with mental illness, addictive disorders, mental
retardation, and developmental disabilities, to be provided by
persons approved by the secretary of family and social services
and the law enforcement training board.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person
accepted for training at a law enforcement training school or
academy and for inservice training programs for law
enforcement officers. The course must cover the following
topics:
(A) Examination of the human and sexual trafficking laws
(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration
(H) The availability of community resources to assist
human and sexual trafficking victims.
(b) Except as provided in subsection (l), a law enforcement officer
appointed after July 5, 1972, and before July 1, 1993, may not enforce
the laws or ordinances of the state or any political subdivision unless
the officer has, within one (1) year from the date of appointment,
successfully completed the minimum basic training requirements
established under this chapter by the board. If a person fails to
successfully complete the basic training requirements within one (1)
year from the date of employment, the officer may not perform any of
the duties of a law enforcement officer involving control or direction
of members of the public or exercising the power of arrest until the
officer has successfully completed the training requirements. This
subsection does not apply to any law enforcement officer appointed
before July 6, 1972, or after June 30, 1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which in such cases shall
be calculated by the aggregate of the time before and after the leave, for
the purposes of this chapter.
(d) Except as provided in subsections (e), and (l), and (n), (q), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy at the southwest Indiana law
enforcement training academy under section 10.5 of this chapter, or at
the northwest Indiana a law enforcement training center under section
10.5 or 15.2 of this chapter, the basic training requirements established
by the board under this chapter.
(e) This subsection does not apply to a gaming agent employed as
a law enforcement officer by the Indiana gaming commission. Before
a law enforcement officer appointed after June 30, 1993, completes the
basic training requirements, the law enforcement officer may exercise
the police powers described in subsection (d) if the officer successfully
completes the pre-basic course established in subsection (f). Successful
completion of the pre-basic course authorizes a law enforcement officer
(f) The board shall adopt rules under IC 4-22-2 to establish a
pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of
force, and firearm qualification. the operation of an emergency
vehicle. The pre-basic course must be offered on a periodic basis
throughout the year at regional sites statewide. The pre-basic course
must consist of at least forty (40) hours of course work. The board may
prepare a the classroom part of the pre-basic course on videotape that
must be used using available technology in conjunction with live
instruction. The board shall provide the course material, the instructors,
and the facilities at the regional sites throughout the state that are used
for the pre-basic course. In addition, the board may certify pre-basic
courses that may be conducted by other public or private training
entities, including colleges and universities.
(g) The board shall adopt rules under IC 4-22-2 to establish a
mandatory inservice training program for police officers. After June 30,
1993, a law enforcement officer who has satisfactorily completed the
basic training and has been appointed to a law enforcement department
or agency on either a full-time or part-time basis is not eligible for
continued employment unless the officer satisfactorily completes a
minimum of sixteen (16) hours each year of inservice training in any
subject area included in the law enforcement academy's basic training
course or other job related subjects that are approved by the board as
determined by the law enforcement department's or agency's needs. the
mandatory inservice training requirements established by rules
adopted by the board. Inservice training must include training in
interacting with persons with mental illness, addictive disorders,
mental retardation, and developmental disabilities, to be provided by
persons approved by the secretary of family and social services and the
law enforcement training board, In addition, a certified academy staff
may develop and make available inservice training programs on a
regional or local basis. and training concerning human and sexual
trafficking. The board may approve courses offered by other public or
private training entities, including colleges and universities, as
necessary in order to ensure the availability of an adequate number of
inservice training programs. The board may waive an officer's inservice
training requirements if the board determines that the officer's reason
any either of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
no not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(i) The board shall adopt rules under IC 4-22-2 to establish a police
chief an executive training program. The executive training program
must include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Firearm policies.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the police chief
executive training program within two (2) months of the date the police
chief initially takes office. A police chief must successfully complete
the police chief executive training program within six (6) months of the
date the police chief initially takes office. However, if space in the
executive training program is not available at a time that will allow the
police chief to complete completion of the executive training program
to the police chief after the police chief
initially takes office.
(k) A police chief who fails to comply with subsection (j) may not
continue to serve as the police chief until the police chief has
completed the police chief completion of the executive training
program. For the purposes of this subsection and subsection (j), "police
chief" refers to:
(1) the police chief of any city; and
(2) the police chief of any town having a metropolitan police
department; and
(3) the chief of a consolidated law enforcement department
established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these
purposes, but a town marshal may enroll in the police chief executive
training program.
(l) An A fire investigator in the arson division of the office of the
state fire marshal division of fire and building safety appointed
(1) before January 1, 1994, is not required; or
(2) after December 31, 1993, is required
to comply with the basic training standards established under this
section. chapter.
(m) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(3).
(n) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) worked as a full-time law enforcement officer for at least one
(1) year before the officer is hired under subdivision (1);
(3) has not been employed as a law enforcement officer for at
least two (2) years and less than six (6) years before the officer is
hired under subdivision (1) due to the officer's resignation or
retirement; and
(4) completed a basic training course certified by the board
before the officer is hired under subdivision (1).
(o) An officer to whom subsection (n) applies must successfully
complete the refresher course described in subsection (n) not later
(1) arrest;
(2) search; and
(3) seizure.
(p) A law enforcement officer who:
(1) has completed a basic training course certified by the board;
and
(2) has not been employed as a law enforcement officer in the six
(6) years before the officer is hired as a law enforcement officer;
is not eligible to attend the refresher course described in subsection (n)
and must repeat the full basic training course to regain law
enforcement powers.
(n) (q) This subsection applies only to a gaming agent employed as
a law enforcement officer by the Indiana gaming commission. A
gaming agent appointed after June 30, 2005, may exercise the police
powers described in subsection (d) if:
(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses
established by the Indiana gaming commission in conjunction
with the board.
(1) Any sexual offense services.
(2) A child development associate scholarship program.
(3) Any school age dependent care program.
(4) Migrant day care services.
(5) Prevention services to high risk youth.
(6) Any commodities program.
(7) The migrant nutrition program.
(8) Any emergency shelter programs.
(9) Any weatherization programs.
(10) The Housing Assistance Act of 1937 (42 U.S.C. 1437).
(11) The home visitation and social services program.
(12) The educational consultants program.
(13) Community restitution or service programs.
(14) The crisis nursery program.
(15) Energy assistance programs.
(16) Domestic violence programs.
(17) Social services programs.
(18) Assistance to migrants and seasonal farmworkers.
(19) The step ahead comprehensive early childhood grant
program.
(20) Assistance to victims of human and sexual trafficking
offenses as provided in IC 35-42-3.5-4, as appropriate.
(20) (21) Any other program:
(A) designated by the general assembly; or
(B) administered by the federal government under grants
consistent with the duties of the division.
(1) A homicide offense under IC 35-42-1.
(2) A battery offense under IC 35-42-2.
(3) Kidnapping or confinement under IC 35-42-3.
(4) A sex offense under IC 35-42-4.
(5) Robbery under IC 35-42-5.
(6) Arson or mischief under IC 35-43-1.
(7) Burglary or trespass under IC 35-43-2.
(8) Disorderly conduct under IC 35-45-1.
(9) Intimidation or harassment under IC 35-45-2.
(10) Voyeurism under IC 35-45-4.
(11) Stalking under IC 35-45-10.
(12) An offense against the family under IC 35-46-1-2 through
IC 35-46-1-8, IC 35-46-1-12, or IC 35-46-1-15.1.
(13) Human and sexual trafficking crimes under IC 35-42-3.5.
(1) kidnapping; or
(2) criminal confinement;
(3) human trafficking;
(4) promotion of human trafficking; or
(5) sexual trafficking of a minor;
may be tried in a county in which the victim has traveled or has been
confined during the course of the offense.
(b) A person who commits the offense of criminal confinement or
interference with custody may be tried in a county in which the child
who was removed, taken, concealed, or detained in violation of a child
(1) was a legal resident at the time of the taking, concealment, or
detention;
(2) was taken, detained, or concealed; or
(3) was found.
(1) Sex crimes (IC 35-42-4).
(2) Battery upon a child (IC 35-42-2-1(a)(2)(B)).
(3) Kidnapping and confinement (IC 35-42-3).
(4) Incest (IC 35-46-1-3).
(5) Neglect of a dependent (IC 35-46-1-4).
(6) Human and sexual trafficking crimes (IC 35-42-3.5).
(6) (7) An attempt under IC 35-41-5-1 for an offense listed in
subdivisions (1) through (5). (6).
(b) This section applies to a criminal action involving the following
offenses where the victim is a protected person under subsection (c)(3):
(1) Exploitation of a dependent or endangered adult
(IC 35-46-1-12).
(2) A sex crime (IC 35-42-4).
(3) Battery (IC 35-42-2-1).
(4) Kidnapping, confinement, or interference with custody
(IC 35-42-3).
(5) Home improvement fraud (IC 35-43-6).
(6) Fraud (IC 35-43-5).
(7) Identity deception (IC 35-43-5-3.5).
(8) Theft (IC 35-43-4-2).
(9) Conversion (IC 35-43-4-3).
(10) Neglect of a dependent (IC 35-46-1-4).
(11) Human and sexual trafficking crimes (IC 35-42-3.5).
(c) As used in this section, "protected person" means:
(1) a child who is less than fourteen (14) years of age;
(2) a mentally disabled individual who has a disability attributable
to an impairment of general intellectual functioning or adaptive
behavior that:
(A) is manifested before the individual is eighteen (18) years
of age;
(B) is likely to continue indefinitely;
(C) constitutes a substantial impairment of the individual's
(D) reflects the individual's need for a combination and
sequence of special, interdisciplinary, or generic care,
treatment, or other services that are of lifelong or extended
duration and are individually planned and coordinated; or
(3) an individual who is:
(A) at least eighteen (18) years of age; and
(B) incapable by reason of mental illness, mental retardation,
dementia, or other physical or mental incapacity of:
(i) managing or directing the management of the individual's
property; or
(ii) providing or directing the provision of self-care.
(d) A statement or videotape that:
(1) is made by a person who at the time of trial is a protected
person;
(2) concerns an act that is a material element of an offense listed
in subsection (a) or (b) that was allegedly committed against the
person; and
(3) is not otherwise admissible in evidence;
is admissible in evidence in a criminal action for an offense listed in
subsection (a) or (b) if the requirements of subsection (e) are met.
(e) A statement or videotape described in subsection (d) is
admissible in evidence in a criminal action listed in subsection (a) or
(b) if, after notice to the defendant of a hearing and of the defendant's
right to be present, all of the following conditions are met:
(1) The court finds, in a hearing:
(A) conducted outside the presence of the jury; and
(B) attended by the protected person;
that the time, content, and circumstances of the statement or
videotape provide sufficient indications of reliability.
(2) The protected person:
(A) testifies at the trial; or
(B) is found by the court to be unavailable as a witness for one
(1) of the following reasons:
(i) From the testimony of a psychiatrist, physician, or
psychologist, and other evidence, if any, the court finds that
the protected person's testifying in the physical presence of
the defendant will cause the protected person to suffer
serious emotional distress such that the protected person
cannot reasonably communicate.
(ii) The protected person cannot participate in the trial for
medical reasons.
(iii) The court has determined that the protected person is
incapable of understanding the nature and obligation of an
oath.
(f) If a protected person is unavailable to testify at the trial for a
reason listed in subsection (e)(2)(B), a statement or videotape may be
admitted in evidence under this section only if the protected person was
available for cross-examination:
(1) at the hearing described in subsection (e)(1); or
(2) when the statement or videotape was made.
(g) A statement or videotape may not be admitted in evidence under
this section unless the prosecuting attorney informs the defendant and
the defendant's attorney at least ten (10) days before the trial of:
(1) the prosecuting attorney's intention to introduce the statement
or videotape in evidence; and
(2) the content of the statement or videotape.
(h) If a statement or videotape is admitted in evidence under this
section, the court shall instruct the jury that it is for the jury to
determine the weight and credit to be given the statement or videotape
and that, in making that determination, the jury shall consider the
following:
(1) The mental and physical age of the person making the
statement or videotape.
(2) The nature of the statement or videotape.
(3) The circumstances under which the statement or videotape
was made.
(4) Other relevant factors.
(i) If a statement or videotape described in subsection (d) is
admitted into evidence under this section, a defendant may introduce
a:
(1) transcript; or
(2) videotape;
of the hearing held under subsection (e)(1) into evidence at trial.
(1) Sex crimes (IC 35-42-4).
(2) Battery upon a child (IC 35-42-2-1(a)(2)(B)).
(3) Kidnapping and confinement (IC 35-42-3).
(4) Incest (IC 35-46-1-3).
(5) Neglect of a dependent (IC 35-46-1-4).
(6) Human and sexual trafficking crimes (IC 35-42-3.5).
(6) (7) An attempt under IC 35-41-5-1 for an offense listed in
subdivisions (1) through (5). (6).
(b) As used in this section, "protected person" has the meaning set
forth in section 6 of this chapter.
(c) On the motion of the prosecuting attorney, the court may order
that the testimony of a protected person be taken in a room other than
the courtroom, and that the questioning of the protected person by the
prosecution and the defense be transmitted using a two-way closed
circuit television arrangement that:
(1) allows the protected person to see the accused and the trier of
fact; and
(2) allows the accused and the trier of fact to see and hear the
protected person.
(d) On the motion of the prosecuting attorney or the defendant, the
court may order that the testimony of a protected person be videotaped
for use at trial. The videotaping of the testimony of a protected person
under this subsection must meet the requirements of subsection (c).
(e) The court may not make an order under subsection (c) or (d)
unless:
(1) the testimony to be taken is the testimony of a protected
person who:
(A) is the alleged victim of an offense listed in subsection (a)
for which the defendant is being tried or is a witness in a trial
for an offense listed in subsection (a); and
(B) is found by the court to be a protected person who should
be permitted to testify outside the courtroom because:
(i) the court finds from the testimony of a psychiatrist,
physician, or psychologist and any other evidence that the
protected person's testifying in the physical presence of the
defendant would cause the protected person to suffer serious
emotional harm and the court finds that the protected person
could not reasonably communicate in the physical presence
of the defendant to the trier of fact;
(ii) a physician has certified that the protected person cannot
be present in the courtroom for medical reasons; or
(iii) evidence has been introduced concerning the effect of
the protected person's testifying in the physical presence of
the defendant, and the court finds that it is more likely than
not that the protected person's testifying in the physical
presence of the defendant creates a substantial likelihood of
emotional or mental harm to the protected person;
(2) the prosecuting attorney has informed the defendant and the
(3) the prosecuting attorney informed the defendant and the
defendant's attorney under subdivision (2) at least ten (10) days
before the trial of the prosecuting attorney's intention to have the
protected person testify outside the courtroom.
(f) If the court makes an order under subsection (c), only the
following persons may be in the same room as the protected person
during the protected person's testimony:
(1) A defense attorney if:
(A) the defendant is represented by the defense attorney; and
(B) the prosecuting attorney is also in the same room.
(2) The prosecuting attorney if:
(A) the defendant is represented by a defense attorney; and
(B) the defense attorney is also in the same room.
(3) Persons necessary to operate the closed circuit television
equipment.
(4) Persons whose presence the court finds will contribute to the
protected person's well-being.
(5) A court bailiff or court representative.
(g) If the court makes an order under subsection (d), only the
following persons may be in the same room as the protected person
during the protected person's videotaped testimony:
(1) The judge.
(2) The prosecuting attorney.
(3) The defendant's attorney (or the defendant, if the defendant is
not represented by an attorney).
(4) Persons necessary to operate the electronic equipment.
(5) The court reporter.
(6) Persons whose presence the court finds will contribute to the
protected person's well-being.
(7) The defendant, who can observe and hear the testimony of the
protected person with the protected person being able to observe
or hear the defendant. However, if the defendant is not
represented by an attorney, the defendant may question the
protected person.
(h) If the court makes an order under subsection (c) or (d), only the
following persons may question the protected person:
(1) The prosecuting attorney.
(2) The defendant's attorney (or the defendant, if the defendant is
not represented by an attorney).
(3) The judge.
(1) A homicide offense under IC 35-42-1.
(2) A battery offense under IC 35-42-2.
(3) Kidnapping or confinement under IC 35-42-3.
(4) Human and sexual trafficking crimes under IC 35-42-3.5.
(4) (5) A sex offense under IC 35-42-4.
(5) (6) Robbery under IC 35-42-5.
(6) (7) Arson or mischief under IC 35-43-1.
(7) (8) Burglary or trespass under IC 35-43-2.
(8) (9) Disorderly conduct under IC 35-45-1.
(9) (10) Intimidation or harassment under IC 35-45-2.
(10) (11) Voyeurism under IC 35-45-4.
(11) (12) Stalking under IC 35-45-10.
(12) (13) An offense against family under IC 35-46-1-2 through
IC 35-46-1-8, IC 35-46-1-12, or IC 35-46-1-15.1.
(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,
human trafficking, promotion of human trafficking, sexual
trafficking of a minor, or carjacking;
(3) kills another human being while committing or attempting to
commit:
(A) dealing in or manufacturing cocaine, 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.
Chapter 3.5. Human and Sexual Trafficking
Sec. 1. (a) A person who knowingly or intentionally recruits,
harbors, or transports another person by force, threat of force, or
fraud:
(1) to engage the other person in:
(A) forced labor; or
(B) involuntary servitude; or
(2) to force the other person into:
(A) marriage; or
(B) prostitution;
commits promotion of human trafficking, a Class B felony.
(b) A parent, guardian, or custodian of a child less than eighteen
(18) years of age who knowingly or intentionally sells or transfers
custody of the child for the purpose of prostitution commits sexual
trafficking of a minor, a Class A felony.
(c) A person who knowingly or intentionally pays, offers to pay,
or agrees to pay money or other property to another person for an
individual who the person knows has been forced into:
(1) forced labor;
(2) involuntary servitude;
(3) marriage; or
(4) prostitution;
commits human trafficking, a Class C felony.
Sec. 2. In addition to any sentence or fine imposed for a
conviction of an offense under section 1 of this chapter, the court
shall order the person convicted to make restitution to the victim
of the crime under IC 35-50-5-3.
Sec. 3. (a) If a person is convicted of an offense under section 1
of this chapter, the victim of the offense:
(1) has a civil cause of action against the person convicted of
the offense; and
(2) may recover the following from the person in the civil
action:
(A) Actual damages.
(B) Court costs.
(C) Punitive damages, when determined to be appropriate
by the court.
(D) Reasonable attorney's fees.
(b) An action under this section must be brought not more than
two (2) years after the date the person is convicted of the offense
under section 1 of this chapter.
Sec. 4. (a) An alleged victim of an offense under section 1 of this
chapter:
(1) shall be housed in an appropriate shelter as soon as
possible;
(2) may not be detained in a facility that is inappropriate to
the victim's status as a crime victim;
(3) may not be jailed, fined, or otherwise penalized due to
having been the victim of the offense;
(4) shall receive prompt medical care, mental health care,
food, and other appropriate assistance;
(5) shall have access to legal assistance, information about the
victim's rights, and translation services, if necessary; and
(6) shall be provided protection if the victim's safety is at risk
or if there is danger of additional harm by recapture of the
victim by the person who allegedly committed the offense,
including:
(A) taking measures to protect the alleged victim and the
victim's family members from intimidation and threats of
reprisals and reprisals from the person who allegedly
committed the offense or the person's agent; and
(B) ensuring that the names and identifying information of
the alleged victim and the victim's family members are not
disclosed to the public.
This subsection shall be administered by law enforcement agencies
and the division of family resources, as appropriate.
(b) Not more than fifteen (15) days after the date a law
enforcement agency first encounters an alleged victim of an offense
under section 1 of this chapter, the law enforcement agency shall
provide the alleged victim with a completed Declaration of Law
Enforcement Officer for Victim of Trafficking in Persons (LEA
Declaration, Form I-914 Supplement B) in accordance with 8 CFR
214.11(f)(1). However, if the law enforcement agency finds that the
grant of an LEA Declaration is not appropriate for the alleged
victim, the law enforcement agency shall, not more than fifteen (15)
days after the date the agency makes the finding, provide the
alleged victim with a letter explaining the grounds for the denial of
the LEA Declaration. After receiving a denial letter, the alleged
victim may submit additional evidence to the law enforcement
agency. If the alleged victim submits additional evidence, the law
enforcement agency shall reconsider the denial of the LEA
Declaration not more than seven (7) days after the date the agency
receives the additional evidence.
"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) Human and sexual trafficking crimes (IC 35-42-3.5).
(8) (9) Child exploitation (IC 35-42-4-4).
(9) (10) Robbery (IC 35-42-5-1).
(10) (11) Carjacking (IC 35-42-5-2).
(11) (12) Arson (IC 35-43-1-1).
(12) (13) Burglary (IC 35-43-2-1).
(13) (14) Theft (IC 35-43-4-2).
(14) (15) Receiving stolen property (IC 35-43-4-2).
(15) (16) Forgery (IC 35-43-5-2).
(16) (17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(9)).
(17) (18) Bribery (IC 35-44-1-1).
(18) (19) Official misconduct (IC 35-44-1-2).
(19) (20) Conflict of interest (IC 35-44-1-3).
(20) (21) Perjury (IC 35-44-2-1).
(21) (22) Obstruction of justice (IC 35-44-3-4).
(22) (23) Intimidation (IC 35-45-2-1).
(23) (24) Promoting prostitution (IC 35-45-4-4).
(24) (25) Promoting professional gambling (IC 35-45-5-4).
(25) (26) Dealing in or manufacturing cocaine, a narcotic drug, or
methamphetamine (IC 35-48-4-1).
(26) (27) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(27) (28) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(28) (29) Dealing in a schedule V controlled substance
(IC 35-48-4-4).
(29) (30) Dealing in marijuana, hash oil, or hashish
(IC 35-48-4-10).
(30) (31) Money laundering (IC 35-45-15-5).
(31) (32) A violation of IC 35-47.5-5.
(1) property damages of the victim incurred as a result of the
crime, based on the actual cost of repair (or replacement if repair
is inappropriate);
(2) medical and hospital costs incurred by the victim (before the
date of sentencing) as a result of the crime;
(3) the cost of medical laboratory tests to determine if the crime
has caused the victim to contract a disease or other medical
condition;
(4) earnings lost by the victim (before the date of sentencing) as
a result of the crime including earnings lost while the victim was
hospitalized or participating in the investigation or trial of the
crime; and
(5) funeral, burial, or cremation costs incurred by the family or
estate of a homicide victim as a result of the crime.
(b) A restitution order under subsection (a) or (i) is a judgment lien
(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.
(c) When a restitution order is issued under subsection (a), the
issuing court may order the person to pay the restitution, or part of the
restitution, directly to:
(1) the victim services division of the Indiana criminal justice
institute in an amount not exceeding:
(A) the amount of the award, if any, paid to the victim under
IC 5-2-6.1; and
(B) the cost of the reimbursements, if any, for emergency
services provided to the victim under IC 16-10-1.5 (before its
repeal) or IC 16-21-8; or
(2) a probation department that shall forward restitution or part of
restitution to:
(A) a victim of a crime;
(B) a victim's estate; or
(C) the family of a victim who is deceased.
The victim services division of the Indiana criminal justice institute
shall deposit the restitution it receives under this subsection in the
violent crime victims compensation fund established by IC 5-2-6.1-40.
(d) When a restitution order is issued under subsection (a) or (i), the
issuing court shall send a certified copy of the order to the clerk of the
circuit court in the county where the felony or misdemeanor charge was
filed. The restitution order must include the following information:
(1) The name and address of the person that is to receive the
restitution.
(2) The amount of restitution the person is to receive.
Upon receiving the order, the clerk shall enter and index the order in
the circuit court judgment docket in the manner prescribed by
IC 33-32-3-2. The clerk shall also notify the department of insurance
of an order of restitution under subsection (i).
(e) An order of restitution under subsection (a) or (i) does not bar a
civil action for:
(1) damages that the court did not require the person to pay to the
victim under the restitution order but arise from an injury or
property damage that is the basis of restitution ordered by the
(2) other damages suffered by the victim.
(f) Regardless of whether restitution is required under subsection (a)
as a condition of probation or other sentence, the restitution order is not
discharged by the completion of any probationary period or other
sentence imposed for a felony or misdemeanor.
(g) A restitution order under subsection (a) or (i) is not discharged
by the liquidation of a person's estate by a receiver under IC 32-30-5
(or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6, IC 34-1-12, or
IC 34-2-7 before their repeal).
(h) The attorney general may pursue restitution ordered by the court
under subsections (a) and (c) on behalf of the victim services division
of the Indiana criminal justice institute established under IC 5-2-6-8.
(i) The court may order the person convicted of an offense under
IC 35-43-9 to make restitution to the victim of the crime. The court
shall base its restitution order upon a consideration of the amount of
money that the convicted person converted, misappropriated, or
received, or for which the convicted person conspired. The restitution
order issued for a violation of IC 35-43-9 must comply with
subsections (b), (d), (e), and (g), and is not discharged by the
completion of any probationary period or other sentence imposed for
a violation of IC 35-43-9.
(j) The court shall order a person convicted of an offense under
IC 35-42-3.5 to make restitution to the victim of the crime in an
amount equal to the greater of the following:
(1) The gross income or value to the person of the victim's
labor or services.
(2) The value of the victim's labor as guaranteed under the
minimum wage and overtime provisions of:
(A) the federal Fair Labor Standards Act of 1938, as
amended (29 U.S.C. 201-209); or
(B) IC 22-2-2 (Minimum Wage);
whichever is greater.
policy study committee shall study issues related to human and
sexual trafficking.
(b) This SECTION expires December 31, 2006.
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned