FOR IMMEDIATE RELEASE
March 23, 2008
Indiana Attorney General Steve Carter Applauds New Consumer Laws that will Take Effect Later this Year
(INDIANAPOLIS, IN) – The Indiana General Assembly has passed laws this year that give more protections to consumers, including a law that puts Indiana at the forefront of requirements and penalties for convicted child sex offenders that would use the Internet for illicit purposes.
“This is one more tool Indiana will have in protecting children from convicted sex predators,” Carter said. “The growing use of Internet social networking sites as a mode of communication by the younger generation has also led to the increasing use of this medium to commit crimes against children. Indiana is ahead of the game in providing penalties and consequences when certain Internet sites are used to lure victims.”
Senate Enrolled Act 258 prohibits a registered sex offender convicted of certain crimes involving children from knowingly using social networking web sites, instant messaging programs or chat room programs that the offender knows include children. It also requires them to submit their email addresses and usernames to the Registry and to notify the Registry if they obtain new or revised addresses or usernames within 72 hours of the change. Failure to provide updated information will be a Class D felony. Indiana is just one of a handful of states that require the email and username for the Registry. These provisions were authored by State Representative Shelli VanDenburgh (D-Crown Point) and were originally contained in HB 1134 before being added to SB 258 in conference committee. SB 258 also addressed other issues relating to criminal offenders and Internet usage, and it was authored by State Senator John Waterman (R-Shelburn) and sponsored by State Representative Vernon Smith (D-Gary). The law will take effect July 1, 2008.
House Enrolled Act 1026 strengthens Indiana’s Cemetery Trust laws allowing the attorney general the ability to recover restitution for consumers and misappropriated trust funds. The new law also enhances penalties against those convicted of funeral trust fraud. Enhancements to the cemetery trust funds were sought by the attorney general following two cases of alleged fraud in Indiana – Madison-based Grandview Cemetery and Indianapolis and Indianapolis-based Memory Gardens. The complaints and investigation into each of these entities revealed weaknesses in the state’s statute. This bill was authored by State Representative David Cheatham (D-North Vernon), State Representative Eric Koch (R-Bedford), and State Representative Phil Hoy (D-Evansville). The law has been signed by the Governor and it will take effect July 1.
Additionally, Senate Enrolled Act 281 has already been signed into law by the Governor. It protects citizens from elected officials convicted of a felony. The statute requires elected officials to be removed from office upon their conviction of a felony rather than at sentencing. This bill was authored by State Senator Frank Mrvan (D-Hammond). The law is effective July 1, 2008.
“Rather than relying on an individual to make the right choice and step down when they’ve been convicted of a felony, state law will now dictate it for the benefit of the public,” Carter said. “I’m appreciative of the General Assembly for addressing this issue quickly this year to halt any future instances of these kinds of shenanigans some elected officials have pulled in the past.”
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