Citations Affected: IC 3-8-1-5; IC 5-8-1; IC 36-4-5-9.
Synopsis: Convictions and elections. Reconciles certain inconsistent
provisions in current law regarding: (1) the definition of "felony"; and
(2) when a certified copy of the sentencing order issued in connection
with the removal of a public officer must be filed.
Effective: July 1, 2008.
January 10, 2008, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
the person's election, as provided in Article 2, Section 6 of the
Constitution of the State of Indiana;
(2) the person does not comply with IC 5-8-3 because of a
conviction for a violation of the federal laws listed in that statute;
(3) in a:
(A) jury trial, a jury publicly announces a verdict against the
person for a felony;
(B) bench trial, the court publicly announces a verdict against
the person for a felony; or
(C) guilty plea hearing, the person pleads guilty or nolo
contendere to a felony;
(4) the person has been removed from the office the candidate
seeks under Article 7, Section 11 or Article 7, Section 13 of the
Constitution of the State of Indiana;
(5) the person is a member of the United States armed forces on
active duty and prohibited by the United States Department of
Defense from being a candidate; or
(6) the person is subject to:
(A) 5 U.S.C. 1502 (the Little Hatch Act); or
(B) 5 U.S.C. 7321-7326 (the Hatch Act);
and would violate either federal statute by becoming or remaining
the candidate of a political party for nomination or election to an
elected office or a political party office.
(d) The subsequent reduction of a felony to a Class A misdemeanor
under IC 35-50-2-7 or IC 35-38-1-1.5 after the:
(1) jury has announced its verdict against the person for a
felony;
(2) court has announced its verdict against the person for a
felony; or
(3) person has pleaded guilty or nolo contendere to a felony;
does not affect the operation of subsection (c).
against the person for a felony;
(B) in a bench trial, the court publicly announces a verdict
against the person for a felony; or
(C) in a guilty plea hearing, the person pleads guilty or
nolo contendere to a felony; and
(2) not receive any salary or remuneration from the time the
public officer is removed from office under subdivision (1).
(c) The subsequent reduction of a felony to a Class A
misdemeanor under IC 35-50-2-7 or IC 35-38-1-1.5 after the:
(1) jury has announced its verdict against the person for a
felony;
(2) court has announced its verdict against the person for a
felony; or
(3) person has pleaded guilty or nolo contendere to a felony;
does not affect the operation of subsection (b).
(d) If the conviction is:
(1) reversed;
(2) vacated;
(3) set aside;
(4) for a felony other than a felony arising out of an action
taken in the public officer's official capacity, reduced to a
Class A misdemeanor under IC 35-50-2-7 or IC 35-38-1-1.5;
or
(5) not entered because the trial court did not accept the guilty
plea;
and the public officer's term has not expired, the public officer
shall be reinstated in office and receive any salary or other
remuneration that the public officer would have received had the
public officer not been removed from office.
(e) If the conviction is reversed, vacated, or set aside and the
public officer's term has expired, the public officer shall receive
any salary or other remuneration that the public officer would
have received had the public officer not been removed from office.
(f) A vacancy in a public office caused by the removal of a public
officer under this section shall be filled as provided by law. If a
convicted public officer is reinstated, the person filling the office
during the appeal shall cease to hold the office.
(g) This subsection applies whenever:
(1) a public officer is removed from office by operation of law
under subsection (b); and
(2) a vacancy occurs in a state, county, township, city, or town
office as the result of the removal from office.