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Indiana General Assembly
House Bill 1073


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House Bill 1073

ARCHIVE (2009)

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Funeral and cemetery matters. Requires a trustee of a funeral trust or an escrow agent to provide an annual accounting to the settlor or the purchaser of the preneed contract. Provides that a person who knowingly or intentionally uses or disburses funds in certain trust or escrow accounts for purposes other than the accounts' lawful purposes commits a Class C felony. Provides that the violation, a similar violation involving cemetery perpetual care funds, and violations of similar provisions in the funeral trust laws are acts of racketeering activity. Provides that property involved with the violations may be seized under the civil forfeiture law. Specifies that the statute of limitations period for the criminal offenses of misusing funeral trust or preneed escrow accounts is five years after the date of the death of the settlor or purchaser. Specifies that the statute of limitations period for the criminal offense of misusing a cemetery perpetual care fund is five years after the earlier of: (1) the date the state discovers evidence of the offense; or (2) the date the state could have discovered evidence of the offense through due diligence. Makes a technical correction.
Current Status:
 In Committee - first House
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