First Regular Session 118th General Assembly (2013)


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.
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HOUSE ENROLLED ACT No. 1006




     AN ACT to amend the Indiana Code concerning criminal law and procedure.

    Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 2-7-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) Any person who knowingly or intentionally violates any provision of IC 2-7-2, IC 2-7-3, or IC 2-7-5 commits unlawful lobbying, a Class D Level 6 felony. In addition to any penalty imposed on the defendant under IC 35-50-2-7 for unlawful lobbying, the court may order the defendant not to engage in lobbying for a period of up to ten (10) years, IC 2-7-5-6 notwithstanding.
    (b) Any person who lobbies in contravention of a court order under subsection (a) of this section commits a Class D Level 6 felony.
    SECTION 2. IC 2-7-6-3, AS AMENDED BY P.L.58-2010, SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person who knowingly or intentionally makes a false report under this article that overstates or understates the amount of an expenditure or gift commits a Class D Level 6 felony.
    SECTION 3. IC 2-7-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A member of the general assembly who knowingly or intentionally conspires with a lobbyist in

the violation of section 2 or section 3 of this chapter commits a Class D Level 6 felony.
    SECTION 4. IC 3-14-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person who knowingly:
        (1) falsely makes or fraudulently defaces or destroys a declaration of candidacy, request for ballot placement under IC 3-8-3, certificate or petition of nomination, recount petition or cross-petition, contest petition, or certificate of candidate selection, or a part of the declaration, request, petition, or certificate;
        (2) files a declaration of candidacy, request for ballot placement under IC 3-8-3, certificate or petition of nomination, recount petition or cross-petition, contest petition, or certificate of candidate selection, knowing any part thereof to be falsely made;
        (3) refuses to execute a certificate of nomination or candidate selection when required by this title to do so and knowing that the candidate has been nominated or selected;
        (4) if the document is listed in subdivision (1), refuses to:
            (A) receive the document; or
            (B) record the date and time the document was received;
        when presented in accordance with this title; or
        (5) suppresses a declaration of candidacy, request for ballot placement under IC 3-8-3, petition or certificate of nomination, recount petition or cross-petition, contest petition, or certificate of candidate selection, that has been duly filed, or any part of the declaration, request, petition, or certificate;
commits a Class D Level 6 felony.
    SECTION 5. IC 3-14-1-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 13. A person who knowingly files a report required by IC 3-9 that is fraudulent commits a Class D Level 6 felony.
    SECTION 6. IC 3-14-2-1, AS AMENDED BY P.L.103-2005, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person who knowingly does any of the following commits a Class D Level 6 felony:
        (1) Conspires with an individual for the purpose of encouraging the individual to submit a false application for registration.
        (2) Conspires with an individual for the purpose of encouraging the individual to vote illegally.


        (3) Pays or offers to pay an individual for doing any of the following:
            (A) Applying for an absentee ballot.
            (B) Casting an absentee ballot.
            (C) Registering to vote.
            (D) Voting.
        (4) Accepts the payment of any property for doing any of the following:
            (A) Applying for an absentee ballot.
            (B) Casting an absentee ballot.
            (C) Registering to vote.
            (D) Voting.
    SECTION 7. IC 3-14-2-2.5, AS ADDED BY P.L.103-2005, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.5. A person who does either of the following, knowing that an individual is ineligible to register to vote or to vote, commits absentee ballot fraud, a Class D Level 6 felony:
        (1) Solicits the individual to complete an absentee ballot application.
        (2) Solicits the individual to submit an absentee ballot application to a county election board.
    SECTION 8. IC 3-14-2-3, AS AMENDED BY P.L.103-2005, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person who:
        (1) subscribes the name of another person to an affidavit of registration or application for an absentee ballot knowing that the application contains a false statement; or
        (2) subscribes the name of another person to an affidavit of registration or application for an absentee ballot without writing on it the person's own name and address as an attesting witness;
commits a Class D Level 6 felony.
    SECTION 9. IC 3-14-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. A person who knowingly votes or offers to vote at an election when the person is not registered or authorized to vote commits a Class D Level 6 felony.
    SECTION 10. IC 3-14-2-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. Except as provided by IC 3-10-10, IC 3-10-11, or IC 3-10-12, a person who knowingly votes or offers to vote in a precinct except the one in which the person

is registered and resides commits a Class D Level 6 felony.
    SECTION 11. IC 3-14-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. A person who:
        (1) knowingly votes or makes application to vote in an election in a name other than the person's own; or
        (2) having voted once at an election, knowingly applies to vote at the same election in the person's own name or any other name;
commits a Class D Level 6 felony.
    SECTION 12. IC 3-14-2-13, AS AMENDED BY P.L.103-2005, SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 13. A person who knowingly hires or solicits another person to go into a precinct for the purpose of voting at an election at the precinct when the person hired or solicited is not a voter in the precinct commits a Class D Level 6 felony.
    SECTION 13. IC 3-14-2-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 14. A precinct election officer or public official upon whom a duty is imposed by this title who knowingly:
        (1) allows a person to vote who is not entitled to vote; or
        (2) allows a person to vote by use of an unauthorized procedure;
commits a Class D Level 6 felony.
    SECTION 14. IC 3-14-2-15, AS AMENDED BY P.L.103-2005, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 15. A member, an employee, or an agent of a county election board who knowingly delivers a ballot to a person except in the manner prescribed by this title commits a Class D Level 6 felony.
    SECTION 15. IC 3-14-2-16, AS AMENDED BY P.L.103-2005, SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 16. A person who knowingly does any of the following commits a Class D Level 6 felony:
        (1) Applies for or receives a ballot in a precinct other than that precinct in which the person is entitled to vote.
        (2) Except when receiving assistance under IC 3-11-9, shows a ballot after it is marked to another person in such a way as to reveal the contents of it or the name of a candidate for whom the person has voted.
        (3) Except when offering assistance requested by a voter in accordance with IC 3-11-9, examines a ballot that a voter has

prepared for voting or solicits the voter to show the ballot.
        (4) Receives from a voter a ballot prepared by the voter for voting, except:
            (A) the inspector;
            (B) a member of the precinct election board temporarily acting for the inspector;
            (C) a member or an employee of a county election board (acting under the authority of the board and state law) or an absentee voter board member acting under IC 3-11-10; or
            (D) a member of the voter's household, an individual designated as attorney in fact for the voter, or an employee of:
                (i) the United States Postal Service; or
                (ii) a bonded courier company;
            (acting in the individual's capacity as an employee of the United States Postal Service or a bonded courier company) when delivering an envelope containing an absentee ballot under IC 3-11-10-1.
        (5) Receives a ballot from a person other than one (1) of the poll clerks or authorized assistant poll clerks.
        (6) Delivers a ballot to a voter to be voted, unless the person is:
            (A) a poll clerk or authorized assistant poll clerk; or
            (B) a member of a county election board or an absentee voter board acting under IC 3-11-10.
        (7) Delivers a ballot (other than an absentee ballot) to an inspector that is not the ballot the voter receives from the poll clerk or assistant poll clerk.
        (8) Delivers an absentee ballot to a team of absentee ballot counters appointed under IC 3-11.5-4-22, a county election board, a circuit court clerk, or an absentee voting board under IC 3-11-10 that is not the ballot cast by the absentee voter.
        (9) Delivers an absentee ballot prepared by the voter for voting to a county election board, except for:
            (A) the inspector;
            (B) a member of the precinct election board temporarily acting for the inspector;
            (C) a member or an employee of a county election board (acting under the authority of the board and in accordance with state law) or an absentee voter board member acting under IC 3-11-10; or


            (D) a member of the voter's household or an individual designated as attorney in fact for the voter, an employee of:
                (i) the United States Postal Service; or
                (ii) a bonded courier company;
            (acting in the individual's capacity as an employee of the United States Postal Service or a bonded courier company) when delivering an envelope containing an absentee ballot under IC 3-11-10-1.
        (10) Possesses an unmarked absentee ballot on or before the date of the election for which the absentee ballot has been printed, unless the person is authorized to possess the absentee ballot under this title as any of the following:
            (A) A printer, when arranging for the delivery of unmarked absentee ballots to a county election board under IC 3-11-2.
            (B) A county election board member or employee (acting under the authority of the board and in accordance with state law).
            (C) An absentee voter board member.
            (D) An employee of:
                (i) the United States Postal Service; or
                (ii) a bonded courier company;
            (acting in the individual's capacity as an employee of the United States Postal Service or a bonded courier company) when delivering an envelope containing an absentee ballot.
            (E) An individual authorized under IC 3-11-10-24 to deliver an absentee ballot.
            (F) An absentee ballot counter under IC 3-11.5.
            (G) A provisional ballot counter.
            (H) A precinct election officer.
            (I) The voter who applied for the absentee ballot.
        (11) Completes or signs an absentee ballot application for a voter, or assists a voter in completing an absentee ballot application in violation of IC 3-11.
    SECTION 16. IC 3-14-2-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 17. A voter at an election who knowingly writes or places on a ballot a name, sign, or device as a distinguishing mark by which to indicate to any other person how the voter has voted commits a Class D Level 6 felony.
    SECTION 17. IC 3-14-2-18, AS AMENDED BY P.L.221-2005,

SECTION 134, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 18. A voter who knowingly:
        (1) does anything to enable any other person to see or know for what ticket, candidates, or public questions the voter has voted; or
        (2) moves into a position, or does any other thing, to enable the voter to see or know for what ticket, candidates, or public questions any other voter votes;
commits a Class D Level 6 felony.
    SECTION 18. IC 3-14-2-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19. (a) A person who knowingly:
        (1) forges or falsely makes the official endorsement of a ballot; or
        (2) prints or circulates an imitation ballot;
commits a Class D Level 6 felony.
    (b) This section does not prohibit the printing or circulation of a sample ballot or a reproduction of an official ballot if the sample or reproduction complies with IC 3-9-3-2.5 and the printing or circulation does not violate IC 3-14-1-2.
    SECTION 19. IC 3-14-2-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 20. A person who knowingly:
        (1) deceives a voter in registering the voter's vote under IC 3-11-8; or
        (2) registers a voter's vote in a way other than as requested by the voter;
commits a Class D Level 6 felony.
    SECTION 20. IC 3-14-2-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. A person who fraudulently causes a voter at an election to vote for a person different from the one the voter intended to vote for or on a public question different from the vote the voter intended to cast commits a Class D Level 6 felony.
    SECTION 21. IC 3-14-2-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 22. A person who knowingly furnishes a voter who cannot read the English language with a ballot at an election that the person represents to the voter as containing a name different from the one printed or written on it commits a Class D Level 6 felony.


    SECTION 22. IC 3-14-2-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 23. A person entrusted with the custody of ballots who knowingly:
        (1) opens a package in which the ballots are contained;
        (2) destroys a ballot; or
        (3) delivers such a package or ballot to a person not entitled to receive it;
commits a Class D Level 6 felony.
    SECTION 23. IC 3-14-2-24, AS AMENDED BY P.L.103-2005, SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 24. A person who:
        (1) takes a ballot legally deposited out of a ballot box or out of a voting system for the purpose of destroying the ballot or substituting another ballot in its place;
        (2) destroys or misplaces a ballot with the intent to substitute another ballot for it or with the intent to prevent it from being counted; or
        (3) knowingly enters upon the pollbooks the name of a person who has not legally voted or knowingly tallies a vote for a candidate or on a public question not voted for by the ballot;
commits a Class D Level 6 felony.
    SECTION 24. IC 3-14-2-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 25. A member of a precinct election board or county election board, a person employed at the central counting headquarters, or a person charged with a duty in connection with an election or entrusted with the custody or control of a ballot either before or after voting who marks or defaces a ballot for the purpose of:
        (1) identifying the ballot (except by numbering protested ballots for future reference as provided by law); or
        (2) vitiating the ballot;
commits a Class D Level 6 felony.
    SECTION 25. IC 3-14-2-26, AS AMENDED BY P.L.103-2005, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 26. A person who:
        (1) during the progress of an election or within the time for preparation required under this title, knowingly breaks open or violates the seal or lock of a ballot box, envelope, container, bag, or voting system component in which ballots have been

deposited;
        (2) knowingly obtains a ballot box, envelope, container, bag, or voting system component that contains ballots and cancels, withholds, or destroys a ballot;
        (3) knowingly increases or decreases the number of ballots legally deposited in a ballot box, envelope, container, bag, or voting system component; or
        (4) knowingly makes a fraudulent erasure or alteration on a tally sheet, poll book, list of voters, or election return deposited in a ballot box, envelope, bag, or voting system component;
commits a Class D Level 6 felony.
    SECTION 26. IC 3-14-2-27 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 27. A precinct election officer at the close of the polls, an absentee ballot counter acting under IC 3-11.5-5 or IC 3-11.5-6, or a provisional ballot counter acting under IC 3-11.7-5 who knowingly:
        (1) causes the vote to be incorrectly taken down for a candidate or public question; or
        (2) makes a false statement, certificate, or return of any kind of that vote;
commits a Class D Level 6 felony.
    SECTION 27. IC 3-14-2-28 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 28. A person who:
        (1) with intent to defraud, alters an election return;
        (2) knowingly destroys, misplaces, or loses a poll book or tally sheet; or
        (3) with intent to defraud, alters the vote of a candidate or on a public question as returned by the county election board or its employees;
commits a Class D Level 6 felony.
    SECTION 28. IC 3-14-2-29, AS AMENDED BY P.L.103-2005, SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 29. A person who knowingly inspects a voting system under IC 3-12-4-18 without obtaining authorization from the state recount commission to conduct the inspection commits a Class D Level 6 felony.
    SECTION 29. IC 3-14-3-1.1, AS ADDED BY P.L.103-2005, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1.1. A person who knowingly does any of the

following commits a Class D Level 6 felony:
        (1) Procures or submits voter registration applications known by the person to be materially false, fictitious, or fraudulent.
        (2) Procures, casts, or tabulates ballots known by the person to be materially false, fictitious, or fraudulent.
    SECTION 30. IC 3-14-3-3, AS AMENDED BY P.L.221-2005, SECTION 135, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person who knowingly:
        (1) interferes with a watcher;
        (2) prevents a watcher from performing the watcher's duties;
        (3) otherwise violates:
            (A) IC 3-6-8-3;
            (B) IC 3-6-8-4;
            (C) IC 3-6-8-5;
            (D) IC 3-6-8-6;
            (E) IC 3-6-9; or
            (F) IC 3-6-10; or
        (4) violates IC 3-11-13-44(d);
commits a Class D Level 6 felony.
    SECTION 31. IC 3-14-3-4, AS AMENDED BY P.L.103-2005, SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. (a) A person who:
        (1) knowingly obstructs or interferes with an election officer in the discharge of the officer's duty; or
        (2) knowingly obstructs or interferes with a voter within the chute;
commits a Class D Level 6 felony.
    (b) A person who knowingly injures an election officer or a voter:
        (1) in the exercise of the officer's or voter's rights or duties; or
        (2) because the officer or voter has exercised the officer's or voter's rights or duties;
commits a Class D Level 6 felony.
    (c) A person called as a witness to testify against another for a violation of this section is a competent witness to prove the offense even though the person may have been a party to the violation. The person shall be compelled to testify as other witnesses. However, the person's evidence may not be used against the person in a prosecution growing out of matters about which the person testifies, and the person is not liable to indictment or information for the offense.


    SECTION 32. IC 3-14-3-5, AS AMENDED BY P.L.221-2005, SECTION 136, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. A precinct election officer who, with the intent to cause or permit a ballot card voting system or an electronic voting system to fail to correctly register all votes cast, tampers with or disarranges the system or any part of it commits a Class D Level 6 felony.
    SECTION 33. IC 3-14-3-6, AS AMENDED BY P.L.221-2005, SECTION 137, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. A precinct election officer who permits a ballot card voting system or an electronic voting system to be used for voting at an election, with knowledge of the fact that the system is not in order or not perfectly set and adjusted so that it will correctly register all votes cast, commits a Class D Level 6 felony.
    SECTION 34. IC 3-14-3-7, AS AMENDED BY P.L.103-2005, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. An inspector or poll clerk in a precinct who, for the purpose of:
        (1) deceiving a voter;
        (2) causing it to be doubtful for what ticket, candidate, or public question a vote is cast; or
        (3) causing it to appear that votes cast for one (1) ticket, candidate, or public question were cast for another ticket, candidate, or public question;
removes, changes, or mutilates a voting system or any part of a voting system commits a Class D Level 6 felony.
    SECTION 35. IC 3-14-3-8, AS AMENDED BY P.L.221-2005, SECTION 138, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. A person other than a precinct election officer who knowingly, before or during an election:
        (1) damages, disarranges, or tampers with a ballot card system or an electronic voting system; or
        (2) damages a ballot label placed or to be placed on the electronic voting system, or any other appliance used in connection with the ballot card voting system or electronic voting system;
commits a Class D Level 6 felony.
    SECTION 36. IC 3-14-3-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. A person who knowingly fails to receive the vote of a legal voter at an election

commits a Class D Level 6 felony.
    SECTION 37. IC 3-14-3-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 10. A person who during an election recklessly:
        (1) removes or destroys any of the supplies or other conveniences placed in the voting booths or delivered to the voter for the purpose of enabling a voter to prepare a ballot;
        (2) removes or defaces the cards printed for the instruction of the voters; or
        (3) removes or destroys a voting booth, railing, or other convenience provided for the election;
commits a Class D Level 6 felony.
    SECTION 38. IC 3-14-3-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. A person who recklessly:
        (1) tampers with or damages a marking device, ballot, or other record or equipment used in an election;
        (2) interferes with the correct operation of such a device or equipment; or
        (3) interferes with the secrecy of voting;
commits a Class D Level 6 felony.
    SECTION 39. IC 3-14-3-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 13. A person who during an election knowingly:
        (1) removes a ballot, pencil, or other marking device from the polls; or
        (2) possesses outside the polls a ballot, pencil, or other marking device either genuine or counterfeit;
commits a Class D Level 6 felony.
    SECTION 40. IC 3-14-3-14, AS AMENDED BY P.L.225-2011, SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 14. A printer of the ballots for an election, or person employed in printing the ballots, who knowingly:
        (1) delivers a ballot to a person other than a county election board for which the ballots are being printed;
        (2) prints a ballot in any form other than the one prescribed by law; or
        (3) prints a ballot containing any names, spellings, or arrangements other than as authorized by the commission or a

county election board;
commits a Class D Level 6 felony.
    SECTION 41. IC 3-14-3-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 17. A member of a precinct election board, a precinct election officer, or a member of an absentee voter board who knowingly induces or persuades a voter to vote for a candidate or for or against a public question while acting as a board member or precinct election officer commits a Class D Level 6 felony.
    SECTION 42. IC 3-14-3-18, AS AMENDED BY P.L.114-2012, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 18. (a) As used in this section, "candidate" includes an individual whom the person knows is considering becoming a candidate.
    (b) A person who, for the purpose of influencing a voter or candidate, does any of the following commits a Class D Level 6 felony:
        (1) Seeks to enforce the payment of a debt by force or threat of force.
        (2) Ejects or threatens to eject the voter or candidate from a house the voter or candidate occupies.
        (3) Begins a criminal prosecution.
        (4) Damages the business or trade of the voter or candidate.
        (5) Communicates a threat to commit a forcible felony (as defined in IC 35-31.5-2-138) against a voter or candidate with the intent that the voter or candidate:
            (A) engage in conduct against the voter's or candidate's will; or
            (B) be placed in fear of retaliation for a prior lawful act as a voter or candidate.
    SECTION 43. IC 3-14-3-19, AS AMENDED BY P.L.103-2005, SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19. A person who, for the purpose of inducing or procuring another person to:
        (1) apply for or cast an absentee ballot; or
        (2) vote or refrain from voting for or against a candidate or for or against a public question at an election or political convention;
gives, offers, or promises to any person any money or other property commits a Class D Level 6 felony.
    SECTION 44. IC 3-14-3-20, AS AMENDED BY P.L.103-2005,

SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 20. A person who, for the purpose of inducing or procuring a voter to:
        (1) apply for or cast an absentee ballot; or
        (2) vote or refrain from voting for or against a candidate or for or against a public question at an election or political convention;
receives, accepts, requests, or solicits from any person any money or other property commits a Class D Level 6 felony.
    SECTION 45. IC 3-14-3-20.5, AS ADDED BY P.L.103-2005, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 20.5. (a) This section does not apply to activity subject to 18 U.S.C. 1341.
    (b) An individual who knowingly:
        (1) conspires to obtain property the individual would be entitled to receive as compensation for serving as an elected official by securing false or fraudulent absentee ballot applications or voter registration applications; and
        (2) for the purpose of executing the conspiracy:
            (A) causes the applications to be sent or delivered by a private or commercial carrier operating entirely within Indiana; or
            (B) takes or receives from the private or commercial carrier the false or fraudulent applications, or causes the applications to be delivered by the carrier to another person;
commits a Class D Level 6 felony.
    SECTION 46. IC 3-14-3-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. A person who:
        (1) pays employees the salary or wages due in pay envelopes upon which there is printed or in which there is enclosed a political motto, device, or argument containing threats intended or calculated to influence the political opinions or actions of the employees; or
        (2) exhibits in the workplace of the person's employees a handbill or placard containing a threat, notice, or information that, if a particular ticket, candidate, or public question is elected, approved, or defeated:
            (A) work in the person's place or establishment will cease in whole or in part;
            (B) the person's establishment will be closed; or
            (C) the wages of the employees will be reduced;


        or that is otherwise intended or calculated to influence the political opinions or actions of the employees;
commits a Class D Level 6 felony.
    SECTION 47. IC 3-14-3-21.5, AS ADDED BY P.L.103-2005, SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21.5. A person who knowingly or intentionally intimidates, threatens, or coerces an individual for:
        (1) voting or attempting to vote;
        (2) urging or aiding another individual to vote or attempt to vote; or
        (3) exercising any power or duty under this title concerning registration or voting;
commits voter intimidation, a Class D Level 6 felony.
    SECTION 48. IC 3-14-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person who knowingly serves as a member of a precinct election board in violation of IC 3-6-6 commits a Class D Level 6 felony.
    SECTION 49. IC 3-14-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. An inspector who negligently or knowingly fails to appear at the county election board's office in person or by representative as required by IC 3-11-3 commits a Class D Level 6 felony.
    SECTION 50. IC 3-14-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A precinct election officer or public official upon whom a duty is imposed by this title who knowingly omits to perform the duty commits a Class D Level 6 felony.
    SECTION 51. IC 3-14-4-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A member of a precinct election board who recklessly allows a booth or compartment in which a voter is preparing a ballot to be used:
        (1) without a screen; or
        (2) with a screen arranged so as not to shield the preparation of the ballot from observation;
commits a Class D Level 6 felony.
    SECTION 52. IC 3-14-4-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. An inspector, or person acting in the inspector's behalf, who knowingly deposits:
        (1) a ballot upon which the initials of the poll clerks or authorized assistant poll clerks do not appear; or
        (2) a ballot on which appears externally a distinguishing mark or defacement;
commits a Class D Level 6 felony.
    SECTION 53. IC 3-14-4-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. A member of a precinct election board or a person otherwise entitled to the inspection of the ballots who knowingly:
        (1) reveals to another person how a voter has voted; or
        (2) gives information concerning the appearance of any ballot voted;
commits a Class D Level 6 felony.
    SECTION 54. IC 3-14-4-8, AS AMENDED BY P.L.221-2005, SECTION 139, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. A member of a precinct election board, an absentee ballot counter appointed under IC 3-11.5-4-22, or a provisional ballot counter appointed under IC 3-11.7-3 who knowingly:
        (1) opens or marks, by folding or otherwise, a ballot presented by a voter, except as provided by law; or
        (2) tries to find out how the voter voted before the ballot is deposited in the ballot box or cast on a ballot card voting system or an electronic voting system or counted by the absentee ballot counter;
commits a Class D Level 6 felony.
    SECTION 55. IC 3-14-4-10, AS AMENDED BY P.L.221-2005, SECTION 140, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 10. A person who knowingly violates:
        (1) IC 3-11.5-5;
        (2) IC 3-11.5-6;
        (3) IC 3-12-2-1;
        (4) IC 3-12-3-14; or
        (5) IC 3-12-3.5-7;
by providing any other person with information concerning the number of votes a candidate received for an office or cast to approve or reject a public question on absentee ballots counted under IC 3-11.5-5, IC 3-11.5-6, or IC 3-12 before the closing of the polls commits a Class D Level 6 felony.
    SECTION 56. IC 3-14-6-1.1, AS AMENDED BY P.L.164-2006,

SECTION 135, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1.1. (a) A person who grants a request for voter registration information under IC 3-7-26.3 or IC 3-7-27 with knowledge that the information will be used in a manner prohibited by IC 3-7-26.3 or IC 3-7-27 commits a Class B infraction.
    (b) A person who has previously received a judgment for committing an infraction under this section and knowingly, intentionally, or recklessly violates this section a second time commits a Class D Level 6 felony.
    SECTION 57. IC 4-1-10-8, AS ADDED BY P.L.91-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. An employee of a state agency who knowingly, intentionally, or recklessly discloses a Social Security number in violation of this chapter commits a Class D Level 6 felony.
    SECTION 58. IC 4-1-10-9, AS ADDED BY P.L.91-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. A person who knowingly, intentionally, or recklessly makes a false representation to a state agency to obtain a Social Security number from the state agency commits a Class D Level 6 felony.
    SECTION 59. IC 4-13-2-14.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 14.7. A person employed, appointed, or under contract with a state agency, who works with or around children, shall be dismissed (after the appropriate pre-deprivation procedure has occurred) if that person is, or has ever been, convicted of any of the following:
        (1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
        (2) Criminal deviate conduct (IC 35-42-4-2) (for an act committed before IC 35-42-4-2 was repealed), if the victim is less than eighteen (18) years of age.
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4(b)).
        (5) Vicarious sexual gratification (IC 35-42-4-5).
        (6) Child solicitation (IC 35-42-4-6).
        (7) Child seduction (IC 35-42-4-7).
        (8) Sexual misconduct with a minor as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level

1, Level 2, or Level 4 felony (for a crime committed after June 30, 2014) (IC 35-42-4-9).
        (9) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.
    SECTION 60. IC 4-30-3-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19. (a) The definitions set forth in IC 3-5-2 apply to this section.
    (b) This subsection applies to contributions made after March 15, 1989, and before March 29, 1996. The commission or director may not enter into a contract with a person to serve as a vendor for a major procurement or to provide auditing services to the commission if the person has made a contribution to a candidate for a state office within the three (3) years preceding the award of the contract. A person that enters into a contract with the commission as a vendor for a major procurement or to provide auditing services may not make a contribution to such a candidate during the three (3) years following the last award or renewal of the contract. A person is considered to have made a contribution if a contribution is made by:
        (1) the person;
        (2) an officer of the person; or
        (3) a political action committee (as defined in IC 3-5-2-37) of the person.
    (c) A person who knowingly or intentionally violates this section commits a Class D Level 6 felony.
    SECTION 61. IC 4-30-3-19.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19.5. (a) This section applies only to contributions made after March 28, 1996.
    (b) The definitions set forth in IC 3-5-2 apply to this section.
    (c) As used in this section, "candidate" refers only to a candidate for a state office.
    (d) As used in this section, "committee" refers to any of the following:
        (1) A candidate's committee.
        (2) A regular party committee.
        (3) A committee organized by a legislative caucus of the house of the general assembly.
        (4) A committee organized by a legislative caucus of the senate of the general assembly.
    (e) As used in this section, "contract" refers only to a contract with

the commission or the director for any of the following:
        (1) A major procurement.
        (2) Auditing services to the commission.
    (f) As used in this section, "contractor" means a person who has a contract with the commission or the director.
    (g) As used in this section, "officer" refers only to either of the following:
        (1) An individual listed as an officer of a corporation in the corporation's most recent annual report.
        (2) An individual who is a successor to an individual described in subdivision (1).
    (h) A person is considered to have made a contribution under this section if a contribution is made by any of the following:
        (1) The person.
        (2) An officer of the person.
        (3) A political action committee of the person.
    (i) A person may not enter into a contract if the person has made a contribution to a candidate or a committee within the three (3) years preceding the award of the contract.
    (j) A contractor, an officer of a contractor, or a political action committee of a contractor may not make a contribution to a candidate or a committee while the contract is in effect and during the three (3) years following the final expiration or termination of the contract.
    (k) A person who knowingly or intentionally violates this section commits a Class D Level 6 felony.
    SECTION 62. IC 4-30-3-19.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19.7. (a) This section applies only to contributions made after March 28, 1996.
    (b) The definitions set forth in IC 3-5-2 apply to this section.
    (c) As used in this section, "candidate" refers only to the following:
        (1) A candidate for a legislative office.
        (2) A candidate for a local office.
    (d) As used in this section, "committee" refers to any of the following:
        (1) A candidate's committee.
        (2) A regular party committee.
        (3) A committee organized by a legislative caucus of the house of the general assembly.
        (4) A committee organized by a legislative caucus of the senate

of the general assembly.
    (e) As used in this section, "contract" refers only to a contract with the commission or the director for any of the following:
        (1) The printing of tickets to be used in a lottery game.
        (2) Consultation services for operation of the lottery.
        (3) Any goods and services involving any of the following:
            (A) Equipment for the official recording for lottery game play purposes of a player's selection in lottery games involving player selections.
            (B) The drawing, determination, or generation of winners in lottery games.
            (C) The security services required under this article.
    (f) As used in this section, "contractor" refers to a person who has a contract with the commission or the director.
    (g) As used in this section, "officer" refers only to either of the following:
        (1) An individual listed as an officer of a corporation in the corporation's most recent annual report.
        (2) An individual who is a successor to an individual described in subdivision (1).
    (h) A person is considered to have made a contribution under this section if a contribution is made by any of the following:
        (1) The person.
        (2) An officer of the person.
        (3) A political action committee of the person.
    (i) A person may not enter into a contract if the person has made a contribution to a candidate or a committee within the three (3) years preceding the award of the contract.
    (j) A contractor, an officer of a contractor, or a political action committee of a contractor may not make a contribution to a candidate or a committee while the contract is in effect and during the three (3) years following the final expiration or termination of the contract.
    (k) A person who knowingly or intentionally violates this section commits a Class D Level 6 felony.
    SECTION 63. IC 4-30-14-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person who:
        (1) knowingly presents a counterfeit or altered lottery ticket;
        (2) knowingly transfers a counterfeit or altered lottery ticket to another to present for payment; or


        (3) with intent to defraud, falsely makes, alters, forges, passes, or counterfeits a lottery ticket;
commits a Class C Level 5 felony.
    SECTION 64. IC 4-30-14-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A person who, with intent to defraud or with intent to provide a financial or other advantage to the person or another person, knowingly discloses information relating to the lottery that is designated as confidential under this article commits a Class A Level 2 felony.
    SECTION 65. IC 4-31-13-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) A person who is not a permit holder may not conduct, or aid or abet the conducting of, a horse racing meeting at which pari-mutuel wagering is permitted. Each day of racing in violation of this section constitutes a separate offense.
    (b) A person who violates this section commits a Class D Level 6 felony.
    SECTION 66. IC 4-31-13-3.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3.5. (a) The definitions in IC 3-5-2 apply to this section to the extent they do not conflict with the definitions in this article.
    (b) This section applies only to contributions made after June 30, 1996.
    (c) As used in this section, "candidate" refers to any of the following:
        (1) A candidate for a state office.
        (2) A candidate for a legislative office.
        (3) A candidate for a local office.
    (d) As used in this section, "committee" refers to any of the following:
        (1) A candidate's committee.
        (2) A regular party committee.
        (3) A committee organized by a legislative caucus of the house of the general assembly.
        (4) A committee organized by a legislative caucus of the senate of the general assembly.
    (e) As used in this section, "officer" refers only to either of the following:
        (1) An individual listed as an officer of a corporation in the

corporation's most recent annual report.
        (2) An individual who is a successor to an individual described in subdivision (1).
    (f) For purposes of this section, a person is considered to have an interest in a permit holder if the person satisfies any of the following:
        (1) The person holds at least a one percent (1%) interest in the permit holder.
        (2) The person is an officer of the permit holder.
        (3) The person is an officer of a person that holds at least a one percent (1%) interest in the permit holder.
        (4) The person is a political action committee of the permit holder.
    (g) For purposes of this section, a permit holder is considered to have made a contribution if a contribution is made by a person who has an interest in the permit holder.
    (h) A permit holder or a person with an interest in a permit holder may not make a contribution to a candidate or a committee during the following periods:
        (1) The term during which the permit holder holds a permit.
        (2) The three (3) years following the final expiration or termination of the permit holder's permit.
    (i) A person who knowingly or intentionally violates this section commits a Class D Level 6 felony.
    SECTION 67. IC 4-31-13-9, AS AMENDED BY P.L.114-2012, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. (a) The definitions in IC 3-5-2 apply to this section to the extent they do not conflict with the definitions in this article.
    (b) This section applies only to property given after June 30, 1996.
    (c) As used in this section, "officer" refers only to either of the following:
        (1) An individual listed as an officer of a corporation in the corporation's most recent annual report.
        (2) An individual who is a successor to an individual described in subdivision (1).
    (d) For purposes of this section, a person is considered to have an interest in a permit holder if the person satisfies any of the following:
        (1) The person holds at least a one percent (1%) interest in the permit holder.


        (2) The person is an officer of the permit holder.
        (3) The person is an officer of a person that holds at least a one percent (1%) interest in the permit holder.
        (4) The person is a political action committee of the permit holder.
    (e) A permit holder or a person with an interest in a permit holder may not give any property (as defined in IC 35-31.5-2-253) to a member of a precinct committee to induce the member of the precinct committee to do any act or refrain from doing any act with respect to the approval of a local public question under IC 4-31-4.
    (f) A person who knowingly or intentionally violates this section commits a Class D Level 6 felony.
    SECTION 68. IC 4-32.2-8-4, AS ADDED BY P.L.91-2006, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. (a) Except as provided in subsection (b), a person or an organization that recklessly, knowingly, or intentionally violates a provision of this article commits a Class B misdemeanor.
    (b) An individual, a corporation, a partnership, a limited liability company, or other association that recklessly, knowingly, or intentionally enters into a contract or other agreement with a qualified organization in violation of IC 4-32.2-5-2 commits a Class D Level 6 felony.
    SECTION 69. IC 4-33-10-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) A person who knowingly or intentionally:
        (1) makes a false statement on an application submitted under this article;
        (2) operates a gambling operation or a cruise in which wagering is conducted or is to be conducted in a manner other than the manner required under this article;
        (3) permits a person less than twenty-one (21) years of age to make a wager;
        (4) aids, induces, or causes a person less than twenty-one (21) years of age who is not an employee of the riverboat gambling operation to enter or attempt to enter a riverboat;
        (5) wagers or accepts a wager at a location other than a riverboat; or
        (6) makes a false statement on an application submitted to the commission under this article;
commits a Class A misdemeanor.
    (b) A person who:
        (1) is not an employee of the riverboat gambling operation;
        (2) is less than twenty-one (21) years of age; and
        (3) knowingly or intentionally enters or attempts to enter a riverboat;
commits a Class A misdemeanor.
    SECTION 70. IC 4-33-10-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.5. (a) A person who:
        (1) is not an employee of the riverboat gambling operation;
        (2) is less than twenty-one (21) years of age; and
        (3) enters a riverboat;
commits a Class C infraction.
    (b) A person who:
        (1) is not an employee of the riverboat gambling operation;
        (2) is less than twenty-one (21) years of age; and
        (3) attempts to enter a riverboat;
commits a Class C infraction.

    SECTION 71. IC 4-33-10-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. A person who knowingly or intentionally does any of the following commits a Class D Level 6 felony:
        (1) Offers, promises, or gives anything of value or benefit:
            (A) to a person who is connected with the owner or operating agent of a riverboat, including an officer or an employee of a riverboat owner, an operating agent, or a holder of an occupational license; and
            (B) under an agreement to influence or with the intent to influence:
                (i) the actions of the person to whom the offer, promise, or gift was made in order to affect or attempt to affect the outcome of a gambling game; or
                (ii) an official action of a commission member.
        (2) Solicits, accepts, or receives a promise of anything of value or benefit:
            (A) while the person is connected with a riverboat, including an officer or employee of a licensed owner, an operating agent, or a holder of an occupational license; and
            (B) under an agreement to influence or with the intent to influence:
                (i) the actions of the person to affect or attempt to affect the outcome of a gambling game; or
                (ii) an official action of a commission member.
        (3) Uses or possesses with the intent to use a device to assist in:
            (A) projecting the outcome of the game;
            (B) keeping track of the cards played;
            (C) analyzing the probability of the occurrence of an event relating to the gambling game; or
            (D) analyzing the strategy for playing or betting to be used in the game, except as permitted by the commission.
        (4) Cheats at a gambling game.
        (5) Manufactures, sells, or distributes any cards, chips, dice, game, or device that is intended to be used to violate this article.
        (6) Alters or misrepresents the outcome of a gambling game on which wagers have been made after the outcome is made sure but before the outcome is revealed to the players.
        (7) Places a bet on the outcome of a gambling game after acquiring knowledge that:
            (A) is not available to all players; and
            (B) concerns the outcome of the gambling game that is the subject of the bet.
        (8) Aids a person in acquiring the knowledge described in subdivision (7) for the purpose of placing a bet contingent on the outcome of a gambling game.
        (9) Claims, collects, takes, or attempts to claim, collect, or take money or anything of value in or from a gambling game:
            (A) with the intent to defraud; or
            (B) without having made a wager contingent on winning a gambling game.
        (10) Claims, collects, or takes an amount of money or thing of value of greater value than the amount won in a gambling game.
        (11) Uses or possesses counterfeit chips or tokens in or for use in a gambling game.
        (12) Possesses a key or device designed for:
            (A) opening, entering, or affecting the operation of a gambling game, drop box, or an electronic or a mechanical device connected with the gambling game; or
            (B) removing coins, tokens, chips, or other contents of a gambling game.
        This subdivision does not apply to a licensee or an operating agent or an employee of a licensee or an operating agent acting in the course of the employee's employment.
        (13) Possesses materials used to manufacture a slug or device intended to be used in a manner that violates this article.
    SECTION 72. IC 4-33-10-2.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.1. (a) This section applies only to contributions made after June 30, 1996.
    (b) The definitions in IC 3-5-2 apply to this section to the extent they do not conflict with the definitions in this article.
    (c) As used in this section, "candidate" refers to any of the following:
        (1) A candidate for a state office.
        (2) A candidate for a legislative office.
        (3) A candidate for a local office.
    (d) As used in this section, "committee" refers to any of the following:
        (1) A candidate's committee.
        (2) A regular party committee.
        (3) A committee organized by a legislative caucus of the house of the general assembly.
        (4) A committee organized by a legislative caucus of the senate of the general assembly.
    (e) As used in this section, "license" means:
        (1) an owner's license issued under this article;
        (2) a supplier's license issued under this article to a supplier of gaming supplies or equipment, including electronic gaming equipment; or
        (3) an operating agent contract issued under this article.
    (f) As used in this section, "licensee" means a person who holds a license. The term includes an operating agent.
    (g) As used in this section, "officer" refers only to either of the following:
        (1) An individual listed as an officer of a corporation in the corporation's most recent annual report.
        (2) An individual who is a successor to an individual described in subdivision (1).
    (h) For purposes of this section, a person is considered to have an interest in a licensee if the person satisfies any of the following:
        (1) The person holds at least a one percent (1%) interest in the licensee.
        (2) The person is an officer of the licensee.
        (3) The person is an officer of a person that holds at least a one percent (1%) interest in the licensee.
        (4) The person is a political action committee of the licensee.
    (i) A licensee is considered to have made a contribution if a contribution is made by a person who has an interest in the licensee.
    (j) A licensee or a person who has an interest in a licensee may not make a contribution to a candidate or a committee during the following periods:
        (1) The term during which the licensee holds a license.
        (2) The three (3) years following the final expiration or termination of the licensee's license.
    (k) A person who knowingly or intentionally violates this section commits a Class D Level 6 felony.
    SECTION 73. IC 4-33-10-2.5, AS AMENDED BY P.L.114-2012, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.5. (a) This section applies only to property given after June 30, 1996.
    (b) The definitions in IC 3-5-2 apply to this section to the extent they do not conflict with the definitions in this article.
    (c) As used in this section, "license" means:
        (1) an owner's license issued under this article;
        (2) a supplier's license issued under this article to a supplier of gaming supplies or equipment, including electronic gaming equipment; or
        (3) an operating agent contract entered into under this article.
    (d) As used in this section, "licensee" means a person who holds a license. The term includes an operating agent.
    (e) As used in this section, "officer" refers only to either of the following:
        (1) An individual listed as an officer of a corporation in the corporation's most recent annual report.
        (2) An individual who is a successor to an individual described in subdivision (1).
    (f) For purposes of this section, a person is considered to have an

interest in a licensee if the person satisfies any of the following:
        (1) The person holds at least a one percent (1%) interest in the licensee.
        (2) The person is an officer of the licensee.
        (3) The person is an officer of a person that holds at least a one percent (1%) interest in the licensee.
        (4) The person is a political action committee of the licensee.
    (g) A licensee or a person with an interest in a licensee may not give any property (as defined in IC 35-31.5-2-253) to a member of a precinct committee to induce the member of the precinct committee to do any act or refrain from doing any act with respect to the approval of a local public question under IC 4-33-6-19.
    (h) A person who knowingly or intentionally violates this section commits a Class D Level 6 felony.
    SECTION 74. IC 4-35-9-3 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 3. A person who:
        (1) is not an employee of a licensee;
        (2) is less than twenty-one (21) years of age; and
        (3) knowingly or intentionally enters the licensee's slot machine facility;
commits a Class A misdemeanor.
    SECTION 75. IC 4-35-9-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3.5. (a) A person who:
        (1) is not an employee of a licensee;
        (2) is less than twenty-one (21) years of age; and
        (3) enters the licensee's slot machine facility;
commits a Class C infraction.
    (b) A person who:
        (1) is not an employee of a licensee;
        (2) is less than twenty-one (21) years of age; and
        (3) attempts to enter the licensee's slot machine facility;
commits a Class C infraction.

    SECTION 76. IC 4-35-9-5, AS ADDED BY P.L.233-2007, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. A person who knowingly or intentionally does any of the following commits a Class D Level 6 felony:
        (1) Offers, promises, or gives anything of value or benefit:
            (A) to a person who is connected with a licensee, including an

officer or employee of a licensee; and
            (B) under an agreement to influence or with the intent to influence:
                (i) the actions of the person to whom the offer, promise, or gift was made in order to affect or attempt to affect the outcome of a gambling game; or
                (ii) an official action of a commission member.
        (2) Solicits, accepts, or receives a promise of anything of value or benefit:
            (A) while the person is connected with a licensee, including as an officer or employee of a licensee; and
            (B) under an agreement to influence or with the intent to influence:
                (i) the actions of the person to affect or attempt to affect the outcome of a gambling game; or
                (ii) an official action of a commission member.
        (3) Uses or possesses with the intent to use a device to assist in:
            (A) projecting the outcome of a gambling game;
            (B) analyzing the probability of the occurrence of an event related to a gambling game; or
            (C) analyzing the strategy for playing or betting to be used in a gambling game, except as permitted by the commission.
        (4) Cheats at a gambling game.
        (5) Manufactures, sells, or distributes any game or device that is intended to be used to violate this article.
        (6) Alters or misrepresents the outcome of a gambling game on which wagers have been made after the outcome is made sure but before the outcome is revealed to the players.
        (7) Places a bet on the outcome of a gambling game after acquiring knowledge that:
            (A) is not available to all players; and
            (B) concerns the outcome of the gambling game that is the subject of the bet.
        (8) Aids a person in acquiring the knowledge described in subdivision (7) to place a bet contingent on the outcome of a gambling game.
        (9) Claims, collects, takes, or attempts to claim, collect, or take money or anything of value in or from a gambling game:
            (A) with the intent to defraud; or


            (B) without having made a wager contingent on winning a gambling game.
        (10) Claims, collects, or takes an amount of money or a thing of value that is of greater value than the amount won in a gambling game.
        (11) Uses or possesses counterfeit tokens in or for use in a gambling game.
        (12) Possesses a key or device designed for:
            (A) opening, entering, or affecting the operation of a gambling game, a drop box, or an electronic or a mechanical device connected with the gambling game; or
            (B) removing coins, tokens, or other contents of a gambling game.
        This subdivision does not apply to a licensee or an employee of a licensee acting in the course of the employee's employment.
        (13) Possesses materials used to manufacture a slug or device intended to be used in a manner that violates this article.
    SECTION 77. IC 5-2-2-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. A member of the commission, the architect, or any other person employed by the commission who knowingly is interested in, or knowingly derives any profit from, any contract, employment, or purchase connected with the building or buildings, or with any action of the commission, commits a Class D Level 6 felony. A member of the commission, the architect, or any person employed by the commission who knowingly is interested in any claim against the commission or the state growing out of the construction of the building or buildings, other than for compensation for services or their expenses as provided in this chapter, commits a Class D Level 6 felony.
    SECTION 78. IC 5-10-10-4, AS AMENDED BY P.L.115-2008, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. As used in this chapter, "public safety officer" means any of the following:
        (1) A state police officer.
        (2) A county sheriff.
        (3) A county police officer.
        (4) A correctional officer.
        (5) An excise police officer.
        (6) A county police reserve officer.
        (7) A city police reserve officer.
        (8) A conservation enforcement officer.
        (9) A town marshal.
        (10) A deputy town marshal.
        (11) A probation officer.
        (12) A state educational institution police officer appointed under IC 21-39-4.
        (13) A police officer whose employer purchases coverage under section 4.5 of this chapter.
        (14) An emergency medical services provider (as defined in IC 16-41-10-1) who is:
            (A) employed by a political subdivision (as defined in IC 36-1-2-13); and
            (B) not eligible for a special death benefit under IC 36-8-6-20, IC 36-8-7-26, IC 36-8-7.5-22, or IC 36-8-8-20.
        (15) A firefighter who is employed by the fire department of a state university.
        (16) A firefighter whose employer purchases coverage under section 4.5 of this chapter.
        (17) A member of a consolidated law enforcement department established under IC 36-3-1-5.1.
        (18) A gaming agent of the Indiana gaming commission.
        (19) A person who is:
            (A) employed by a political subdivision (as defined in IC 36-1-2-13); and
            (B) appointed as a special deputy under IC 36-8-10-10.6.
        (20) A school corporation police officer appointed under IC 20-26-16.
        (21) A gaming control officer of the Indiana gaming commission.
        (22) An eligible chaplain who meets the requirements of section 4.7 of this chapter.
         (23) A community corrections officer.
    SECTION 79. IC 5-15-6-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. A public official or other person who recklessly, knowingly, or intentionally destroys or damages any public record commits a Class D Level 6 felony unless:
        (1) the commission shall have given its approval in writing that the public records may be destroyed;
        (2) the commission shall have entered its approval for destruction

of the public records on its own minutes; or
        (3) authority for destruction of the records is granted by an approved retention schedule established under this chapter.
    SECTION 80. IC 6-1.1-5.5-10, AS AMENDED BY P.L.144-2008, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 10. (a) A person who knowingly and intentionally:
        (1) falsifies the value of transferred real property; or
        (2) omits or falsifies any information required to be provided in the sales disclosure form;
commits a Class C Level 5 felony.
    (b) A public official who knowingly and intentionally accepts:
        (1) a sales disclosure document for filing that:
            (A) falsifies the value of transferred real property; or
            (B) omits or falsifies any information required to be provided in the sales disclosure form; or
        (2) a conveyance document for recording in violation of section 6 of this chapter;
commits a Class A infraction.
    SECTION 81. IC 6-1.1-37-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person commits a Class D Level 6 felony if:
        (1) he the person makes and subscribes a property tax return, statement, or document (except a statement described in section 4 or 5 of this chapter) that he the person does not believe is correct in every material respect; and
        (2) the return, statement, or document is certified to as to the truth of the information appearing in it.
    SECTION 82. IC 6-2.3-5.5-12, AS ADDED BY P.L.162-2006, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. (a) An individual who:
        (1) is an employee, officer, or member of a corporation, partnership, or limited liability company that is a seller of utility services; and
        (2) has a duty to remit utility services use tax to the department under an agreement entered into by the seller of utility services under section 8 of this chapter by virtue of the individual's responsibilities within the corporation, partnership, or limited liability company;
holds those taxes in trust for the state and is personally liable for the

payment of those taxes, plus any penalties and interest attributable to those taxes, to the state.
    (b) An individual described in subsection (a) who knowingly fails to collect or remit the specified taxes to the state commits a Class D Level 6 felony.
    SECTION 83. IC 6-2.3-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) A taxpayer or any officer, employee, or partner of a taxpayer who makes a false entry in the taxpayer's records with the intent to defraud the state or evade payment of the utility receipts tax commits a Class D Level 6 felony.
    (b) A taxpayer or any officer, employee, or partner of a taxpayer who keeps more than one (1) set of records for the taxpayer with the intent to defraud the state or evade the payment of the utility receipts tax commits a Class D Level 6 felony.
    SECTION 84. IC 6-2.5-9-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. An individual who:
        (1) is an individual retail merchant or is an employee, officer, or member of a corporate or partnership retail merchant; and
        (2) has a duty to remit state gross retail or use taxes (as described in IC 6-2.5-3-2) to the department;
holds those taxes in trust for the state and is personally liable for the payment of those taxes, plus any penalties and interest attributable to those taxes, to the state. If the individual knowingly fails to collect or remit those taxes to the state, he the individual commits a Class D Level 6 felony.
    SECTION 85. IC 6-2.5-9-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) All records of a person that have collected or that should have collected gross retail taxes shall be kept open for examination at any reasonable time by the department or the department's authorized agents. A person that violates this subsection commits a Class D Level 6 felony.
    (b) A person that:
        (1) makes false entries in a tax record; or
        (2) keeps more than one (1) set of tax records;
with the intent to defraud the state or evade remittance of the tax imposed by this article commits a Class D Level 6 felony.
    SECTION 86. IC 6-3-4-8, AS AMENDED BY P.L.137-2012, SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) Except as provided in subsection (d), every

employer making payments of wages subject to tax under this article, regardless of the place where such payment is made, who is required under the provisions of the Internal Revenue Code to withhold, collect, and pay over income tax on wages paid by such employer to such employee, shall, at the time of payment of such wages, deduct and retain therefrom the amount prescribed in withholding instructions issued by the department. The department shall base its withholding instructions on the adjusted gross income tax rate for persons, on the total rates of any income taxes that the taxpayer is subject to under IC 6-3.5, and on the total amount of exclusions the taxpayer is entitled to under IC 6-3-1-3.5(a)(3) and IC 6-3-1-3.5(a)(4). However, the withholding instructions on the adjusted gross income of a nonresident alien (as defined in Section 7701 of the Internal Revenue Code) are to be based on applying not more than one (1) withholding exclusion, regardless of the total number of exclusions that IC 6-3-1-3.5(a)(3) and IC 6-3-1-3.5(a)(4) permit the taxpayer to apply on the taxpayer's final return for the taxable year. Such employer making payments of any wages:
        (1) shall be liable to the state of Indiana for the payment of the tax required to be deducted and withheld under this section and shall not be liable to any individual for the amount deducted from the individual's wages and paid over in compliance or intended compliance with this section; and
        (2) shall make return of and payment to the department monthly of the amount of tax which under this article and IC 6-3.5 the employer is required to withhold.
    (b) An employer shall pay taxes withheld under subsection (a) during a particular month to the department no later than thirty (30) days after the end of that month. However, in place of monthly reporting periods, the department may permit an employer to report and pay the tax for a calendar year reporting period, if the average monthly amount of all tax required to be withheld by the employer in the previous calendar year does not exceed one thousand dollars ($1,000). An employer using a reporting period (other than a monthly reporting period) must file the employer's return and pay the tax for a reporting period no later than the last day of the month immediately following the close of the reporting period.
    (c) For purposes of determining whether an employee is subject to taxation under IC 6-3.5, an employer is entitled to rely on the statement

of an employee as to the employee's county of residence as represented by the statement of address in forms claiming exemptions for purposes of withholding, regardless of when the employee supplied the forms. Every employee shall notify the employee's employer within five (5) days after any change in the employee's county of residence.
    (d) A county that makes payments of wages subject to tax under this article:
        (1) to a precinct election officer (as defined in IC 3-5-2-40.1); and
        (2) for the performance of the duties of the precinct election officer imposed by IC 3 that are performed on election day;
is not required, at the time of payment of the wages, to deduct and retain from the wages the amount prescribed in withholding instructions issued by the department.
    (e) Every employer shall, at the time of each payment made by the employer to the department, deliver to the department a return upon the form prescribed by the department showing:
        (1) the total amount of wages paid to the employer's employees;
        (2) the amount deducted therefrom in accordance with the provisions of the Internal Revenue Code;
        (3) the amount of adjusted gross income tax deducted therefrom in accordance with the provisions of this section;
        (4) the amount of income tax, if any, imposed under IC 6-3.5 and deducted therefrom in accordance with this section; and
        (5) any other information the department may require.
Every employer making a declaration of withholding as provided in this section shall furnish the employer's employees annually, but not later than thirty (30) days after the end of the calendar year, a record of the total amount of adjusted gross income tax and the amount of each income tax, if any, imposed under IC 6-3.5, withheld from the employees, on the forms prescribed by the department.
    (f) All money deducted and withheld by an employer shall immediately upon such deduction be the money of the state, and every employer who deducts and retains any amount of money under the provisions of this article shall hold the same in trust for the state of Indiana and for payment thereof to the department in the manner and at the times provided in this article. Any employer may be required to post a surety bond in the sum the department determines to be appropriate to protect the state with respect to money withheld pursuant to this section.


    (g) The provisions of IC 6-8.1 relating to additions to tax in case of delinquency and penalties shall apply to employers subject to the provisions of this section, and for these purposes any amount deducted or required to be deducted and remitted to the department under this section shall be considered to be the tax of the employer, and with respect to such amount the employer shall be considered the taxpayer. In the case of a corporate or partnership employer, every officer, employee, or member of such employer, who, as such officer, employee, or member is under a duty to deduct and remit such taxes, shall be personally liable for such taxes, penalties, and interest.
    (h) Amounts deducted from wages of an employee during any calendar year in accordance with the provisions of this section shall be considered to be in part payment of the tax imposed on such employee for the employee's taxable year which begins in such calendar year, and a return made by the employer under subsection (b) shall be accepted by the department as evidence in favor of the employee of the amount so deducted from the employee's wages. Where the total amount so deducted exceeds the amount of tax on the employee as computed under this article and IC 6-3.5, the department shall, after examining the return or returns filed by the employee in accordance with this article and IC 6-3.5, refund the amount of the excess deduction. However, under rules promulgated by the department, the excess or any part thereof may be applied to any taxes or other claim due from the taxpayer to the state of Indiana or any subdivision thereof. No refund shall be made to an employee who fails to file the employee's return or returns as required under this article and IC 6-3.5 within two (2) years from the due date of the return or returns. In the event that the excess tax deducted is less than one dollar ($1), no refund shall be made.
    (i) This section shall in no way relieve any taxpayer from the taxpayer's obligation of filing a return or returns at the time required under this article and IC 6-3.5, and, should the amount withheld under the provisions of this section be insufficient to pay the total tax of such taxpayer, such unpaid tax shall be paid at the time prescribed by section 5 of this chapter.
    (j) Notwithstanding subsection (b), an employer of a domestic service employee that enters into an agreement with the domestic service employee to withhold federal income tax under Section 3402 of the Internal Revenue Code may withhold Indiana income tax on the domestic service employee's wages on the employer's Indiana

individual income tax return in the same manner as allowed by Section 3510 of the Internal Revenue Code.
    (k) To the extent allowed by Section 1137 of the Social Security Act, an employer of a domestic service employee may report and remit state unemployment insurance contributions on the employee's wages on the employer's Indiana individual income tax return in the same manner as allowed by Section 3510 of the Internal Revenue Code.
    (l) A person who knowingly fails to remit trust fund money as set forth in this section commits a Class D Level 6 felony.
    SECTION 87. IC 6-3-6-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 10. (a) A taxpayer subject to taxation under this article shall keep and preserve records and any other books or accounts as required by IC 6-8.1-5-4. All the records shall be kept open for examination at any time by the department or its authorized agents. A taxpayer who violates this subsection or fails to comply with the request of the department pursuant to IC 6-3-4-6 commits a Class A misdemeanor.
    (b) It is a Class D Level 6 felony for a taxpayer to make false entries in his the taxpayer's books, or to keep more than one (1) set of books, with intent to defraud the state or evade the payment of the tax, or any part thereof, imposed by this article.
    SECTION 88. IC 6-3-6-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. (a) It is a Class D Level 6 felony for a taxpayer to fail to make any return required to be made under this article, or to make any false return or false statement in any return, with intent to defraud the state or to evade the payment of the tax, or any part thereof, imposed by this article. It is a Class D Level 6 felony for a person to knowingly fail to permit the examination of any book, paper, account, record, or other data by the department or its authorized agents, as required by this article, to knowingly fail to permit the inspection or appraisal of any property by the department or its authorized agents, or to knowingly refuse to offer testimony or produce any record as required in this article.
    (b) The attorney general has concurrent jurisdiction with the prosecuting attorney in instituting and prosecuting actions under this section.
    SECTION 89. IC 6-3-7-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) As used in this section, "independent contractor" refers to a person described in

IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5).
    (b) As used in this section, "person" means an individual, a proprietorship, a partnership, a joint venture, a firm, an association, a corporation, or other legal entity.
    (c) An independent contractor who does not make an election under:
        (1) IC 22-3-6-1(b)(4) or IC 22-3-6-1(b)(5) is not subject to the compensation provisions of IC 22-3-2 through IC 22-3-6; or
        (2) IC 22-3-7-9(b)(2) or IC 22-3-7-9(b)(3) is not subject to the compensation provisions of IC 22-3-7;
and must file a statement with the department with supporting documentation of independent contractor status and obtain a certificate of exemption under this section.
    (d) An independent contractor shall file with the department, in the form prescribed by the department, a statement providing the following information:
        (1) The independent contractor's name, trade name, address, and telephone number.
        (2) The independent contractor's federal identification number or Social Security number.
        (3) The name and:
            (A) Social Security number;
            (B) federal employer identification number (FEIN); or
            (C) taxpayer identification number (TIN);
        of each person or entity with whom the independent contractor has contracted.
    (e) Along with the statement required in subsection (d), an independent contractor shall file annually with the department documentation in support of independent contractor status before being granted a certificate of exemption. The independent contractor must obtain clearance from the department of state revenue before issuance of the certificate.
    (f) An independent contractor shall pay a filing fee of five dollars ($5) with the statement required in subsection (d). The fees collected under this subsection shall be deposited into a special account in the state general fund known as the independent contractor information account. Money in the independent contractor information account is annually appropriated to the department for its use in carrying out the purposes of this section.
    (g) The department shall keep each statement and supporting

documentation received under this section on file and on request may verify that a certificate of exemption is on file.
    (h) The certificate of exemption required by this section must be on a form prescribed and provided by the department. A certificate issued under this section is valid for one (1) year. The department shall maintain the original certificate on file.
    (i) A certificate of exemption must certify the following information:
        (1) That the independent contractor has worker's compensation coverage for the independent contractor's employees in accordance with IC 22-3-2 through IC 22-3-7.
        (2) That the independent contractor desires to be exempt from being able to recover under the worker's compensation policy or self-insurance of a person for whom the independent contractor will perform work only as an independent contractor.
    (j) The department shall provide the certificate of exemption to the person requesting it not less than seven (7) business days after verifying the accuracy of the supporting documentation. To be given effect, a certificate of exemption must be filed with the worker's compensation board of Indiana in accordance with IC 22-3-2-14.5(f) and IC 22-3-7-34.5(g).
    (k) Not more than thirty (30) days after the department receives an independent contractor's statement and supporting documentation and issues a certificate of exemption, the department shall provide the independent contractor with an explanation of the department's tax treatment of independent contractors and the duty of the independent contractor to remit any taxes owed.
    (l) The information received from an independent contractor's statement and supporting documentation is to be treated as confidential by the department and is to be used solely for the purposes of this section.
    (m) A contractor who knowingly or intentionally causes or assists employees, including temporary employees, to file a false statement and supporting documentation of independent contractor status commits a Class D Level 6 felony.
    SECTION 90. IC 6-5.5-7-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A taxpayer who:
        (1) makes false entries in the taxpayer's books;
        (2) keeps more than one (1) set of books;


        (3) fails to make a return required to be made under this chapter; or
        (4) makes a false return or false statement in a return;
with intent to defraud the state or to evade the payment of a tax imposed under this article commits a Class D Level 6 felony.
    SECTION 91. IC 6-5.5-7-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A person who knowingly:
        (1) fails to permit the examination of any book, paper, account, record, or other data by the department or its authorized agents;
        (2) fails to permit the inspection or appraisal of any property by the department or its authorized agents; or
        (3) refuses to offer testimony or produce a record;
required under this article commits a Class D Level 6 felony.
    SECTION 92. IC 6-6-1.1-1308 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1308. A person who receives or collects money as tax imposed under this chapter on gasoline on which he the person has not paid the tax, and knowingly fails to pay the money to the administrator as required under this chapter, commits a Class D Level 6 felony.
    SECTION 93. IC 6-6-1.1-1313 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1313. A person who violates sections 1309 through 1311 of this chapter with intent to evade the tax imposed by this chapter or to defraud the state commits a Class D Level 6 felony.
    SECTION 94. IC 6-6-1.1-1316 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1316. (a) A person:
        (1) who knowingly breaks a seal on a sealed fuel pump without authorization; or
        (2) who knowingly fails or refuses to report meter readings under section 1008 or section 1110 of this chapter;
commits a Class D Level 6 felony.
    (b) A person who, without authorization:
        (1) removes;
        (2) alters;
        (3) defaces; or
        (4) covers;
a sign posted by the department that states that no transactions involving gasoline, gasohol, aviation gasoline, or marina gasoline may

be made at a location commits a Class B misdemeanor. However, the offense is a Class D Level 6 felony if it is committed with the intent to evade the tax imposed by this chapter or to defraud the state.
    (c) A dealer or licensed distributor shall notify the department of:
        (1) a broken fuel pump seal; or
        (2) a removed, altered, defaced, or covered sign that has been posted by the department.
    (d) A dealer or licensed distributor that knowingly fails to notify the department, as required by subsection (c), within two (2) days after:
        (1) a fuel pump seal is broken; or
        (2) a sign posted by the department has been removed, altered, defaced, or covered;
commits a Class D Level 6 felony.
    SECTION 95. IC 6-6-2.5-28, AS AMENDED BY P.L.33-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 28. (a) A license tax of sixteen cents ($0.16) per gallon is imposed on all special fuel sold or used in producing or generating power for propelling motor vehicles except fuel used under section 30(a)(8) or 30.5 of this chapter. The tax shall be paid at those times, in the manner, and by those persons specified in this section and section 35 of this chapter.
    (b) The department shall consider it a rebuttable presumption that all undyed or unmarked special fuel, or both, received in Indiana is to be sold for use in propelling motor vehicles.
    (c) Except as provided in subsection (d), the tax imposed on special fuel by subsection (a) shall be measured by invoiced gallons of nonexempt special fuel received by a licensed supplier in Indiana for sale or resale in Indiana or with respect to special fuel subject to a tax precollection agreement under section 35(d) of this chapter, such special fuel removed by a licensed supplier from a terminal outside of Indiana for sale for export or for export to Indiana and in any case shall generally be determined in the same manner as the tax imposed by Section 4081 of the Internal Revenue Code and Code of Federal Regulations.
    (d) The tax imposed by subsection (a) on special fuel imported into Indiana, other than into a terminal, is imposed at the time the product is entered into Indiana and shall be measured by invoiced gallons received at a terminal or at a bulk plant.
    (e) In computing the tax, all special fuel in process of transfer from

tank steamers at boat terminal transfers and held in storage pending wholesale bulk distribution by land transportation, or in tanks and equipment used in receiving and storing special fuel from interstate pipelines pending wholesale bulk reshipment, shall not be subject to tax.
    (f) The department shall consider it a rebuttable presumption that special fuel consumed in a motor vehicle plated for general highway use is subject to the tax imposed under this chapter. A person claiming exempt use of special fuel in such a vehicle must maintain adequate records as required by the department to document the vehicle's taxable and exempt use.
    (g) A person that engages in blending fuel for taxable sale or use in Indiana is primarily liable for the collection and remittance of the tax imposed under subsection (a). The person shall remit the tax due in conjunction with the filing of a monthly report in the form prescribed by the department.
    (h) A person that receives special fuel that has been blended for taxable sale or use in Indiana is secondarily liable to the state for the tax imposed under subsection (a).
    (i) A person may not use special fuel on an Indiana public highway if the special fuel contains a sulfur content that exceeds five one-hundredths of one percent (0.05%). A person who knowingly:
        (1) violates; or
        (2) aids or abets another person to violate;
this subsection commits a Class A infraction. However, the violation is a Class A misdemeanor if the person has committed one (1) prior unrelated violation of this subsection, and a Class D Level 6 felony if the person has committed more than one (1) unrelated violation of this subsection.
    SECTION 96. IC 6-6-2.5-40 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 40. (a) Each person operating a refinery, terminal, or bulk plant in Indiana shall prepare and provide to the driver of every vehicle receiving special fuel at the facility a shipping document setting out on its face the destination state as represented to the terminal operator by the shipper or the shipper's agent, except that an operator of a bulk plant in Indiana delivering special fuel into a vehicle with a capacity of not more than five thousand four hundred (5,400) gallons for subsequent delivery to an end consumer in Indiana is exempt from this requirement.


    (b) Every person transporting special fuel in vehicles upon the Indiana public highways shall carry on board a shipping paper issued by the terminal operator or the bulk plant operator of the facility where the special fuel was obtained, which shipping paper shall set out on its face the state of destination of the special fuel transported in the vehicle, except that operators of vehicles with a capacity of not more than five thousand four hundred (5,400) gallons that have received special fuel at a bulk plant in Indiana for delivery to an end consumer in Indiana are exempt from this provision with respect to the special fuel. A person who violates this subsection commits a Class A infraction (as defined in IC 34-28-5-4).
    (c) Every person transporting special fuel in vehicles upon the public highways of Indiana shall provide the original or a copy of the terminal issued shipping document accompanying the shipment to the operator of the retail outlet or bulk plant to which delivery of the shipment was made. A person who knowingly violates or knowingly aids and abets another person in violating this subsection commits a Class D Level 6 felony.
    (d) Each operator of a special fuel retail outlet or bulk plant shall receive, examine, and retain for a period of thirty (30) days at the delivery location the terminal issued shipping document received from the transporter for every shipment of special fuel that is delivered to that location, with record retention of the shipping paper of three (3) years required offsite. A person who knowingly violates or knowingly aids and abets another person in violating this subsection commits a Class D Level 6 felony.
    (e) No bulk end user, retail dealer, bulk plant operator, or wholesale distributor shall knowingly accept delivery of special fuel into storage facilities in Indiana if that delivery is not accompanied by a shipping paper issued by the terminal operator or bulk plant operator that sets out on its face Indiana as the state of destination of the special fuel. A person who knowingly violates or knowingly aids and abets another person in violating this subsection commits a Class D Level 6 felony.
    (f) The department shall provide for relief in a case where a shipment of special fuel is legitimately diverted from the represented destination state after the shipping paper has been issued by the terminal operator or where the terminal operator failed to cause proper information to be printed on the shipping paper. These relief provisions shall include a provision requiring that the shipper or its agent provide

notification before the diversion or correction to the department if an intended diversion or correction is to occur, and the relief provision shall be consistent with the refund provisions of this chapter.
    (g) The supplier and the terminal operator shall be entitled to rely for all purposes of this chapter on the representation by the shipper or the shipper's agent as to the shipper's intended state of destination or tax exempt use. The shipper, the importer, the transporter, the shipper's agent, and any purchaser, not the supplier or terminal operator, shall be jointly liable for any tax otherwise due to the state as a result of a diversion of the special fuel from the represented destination state.
    SECTION 97. IC 6-6-2.5-56.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 56.5. (a) For the purpose of determining the amount of special tax due, every supplier shall file with the department on forms prescribed and furnished by the department a verified statement by the supplier. The department may require the reporting of any information reasonably necessary to determine the amount of special fuel tax due.
    (b) The reports required by this section that contain information for the preceding calendar month shall be filed before the twentieth day of each month.
    (c) Each supplier and permissive supplier shall separately report:
        (1) all loads of special fuel received by the supplier or permissive supplier for export to another state; and
        (2) all loads of special fuel removed by the supplier or permissive supplier out of an out-of-state terminal for delivery to Indiana and sold tax free to persons for import into Indiana;
in accordance with the shipping papers issued by the terminal operator. A person who knowingly violates this subsection commits a Class D Level 6 felony.
    (d) Each licensed importer shall file monthly with the department a verified sworn statement of operations within Indiana and any other information with respect to the source and means of transportation of special fuel as the department may require and on forms prescribed and furnished by the department. A person who knowingly violates this subsection commits a Class D Level 6 felony.
    SECTION 98. IC 6-6-2.5-62 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 62. (a) No person shall import, sell, use, deliver, or store in Indiana special fuel in bulk as to which dye or a marker, or both, has not been added in accordance with

section 31 of this chapter, or as to which the tax imposed by this chapter has not been paid to or accrued by a licensed supplier or licensed permissive supplier as shown by a notation on a terminal-issued shipping paper subject to the following exceptions:
        (1) A supplier shall be exempt from this provision with respect to special fuel manufactured in Indiana or imported by pipeline or waterborne barge and stored within a terminal in Indiana.
        (2) An end user shall be exempt from this provision with respect to special fuel in a vehicle supply tank when the fuel was placed in the vehicle supply tank outside of Indiana.
        (3) A licensed importer, and transporter operating on the importer's behalf, that transports in vehicles with a capacity of more than five thousand four hundred (5,400) gallons, shall be exempt from this prohibition if the importer or the transporter has met all of the following conditions:
            (A) The importer or the transporter before entering onto the highways of Indiana has obtained an import verification number from the department not earlier than twenty-four (24) hours before entering Indiana.
            (B) The import verification number must be set out prominently and indelibly on the face of each copy of the terminal-issued shipping paper carried on board the transport truck.
            (C) The terminal origin and the importer's name and address must be set out prominently on the face of each copy of the terminal-issued shipping paper.
            (D) The terminal-issued shipping paper data otherwise required by this chapter is present.
            (E) All tax imposed by this chapter with respect to previously requested import verification number activity on the account of the importer or the transporter has been timely remitted.
In every case, a transporter acting in good faith is entitled to rely upon representations made to the transporter by the fuel supplier or importer and when acting in good faith is not liable for the negligence or malfeasance of another person. A person who knowingly violates or knowingly aids and abets another person in violating this subsection commits a Class D Level 6 felony.
    (b) No person shall export special fuel from Indiana unless that person has obtained an exporter's license or a supplier's license or has

paid the destination state special fuel tax to the supplier and can demonstrate proof of export in the form of a destination state bill of lading. A person who knowingly violates or knowingly aids and abets another person in violating this subsection commits a Class D Level 6 felony.
    (c) No person shall operate or maintain a motor vehicle on any public highway in Indiana with special fuel contained in the fuel supply tank for the motor vehicle that contains dye or a marker, or both, as provided under section 31 of this chapter. This provision does not apply to persons operating motor vehicles that have received fuel into their fuel tanks outside of Indiana in a jurisdiction that permits introduction of dyed or marked, or both, special fuel of that color and type into the motor fuel tank of highway vehicles or to a person that qualifies for the federal fuel tax exemption under Section 4082 of the Internal Revenue Code and that is registered with the department as a dyed fuel user. A person who knowingly:
        (1) violates; or
        (2) aids and abets another person in violating;
this subsection commits a Class A infraction. However, the violation is a Class A misdemeanor if the person has committed one (1) prior unrelated violation of this subsection, and a Class D Level 6 felony if the person has committed more than one (1) prior unrelated violation of this subsection.
    (d) No person shall engage in any business activity in Indiana as to which a license is required by section 41 of this chapter unless the person shall have first obtained the license. A person who knowingly violates or knowingly aids and abets another person in violating this subsection commits a Class D Level 6 felony.
    (e) No person shall operate a motor vehicle with a capacity of more than five thousand four hundred (5,400) gallons that is engaged in the shipment of special fuel on the public highways of Indiana and that is destined for a delivery point in Indiana, as shown on the terminal-issued shipping papers, without having on board a terminal-issued shipping paper indicating with respect to any special fuel purchased:
        (1) under claim of exempt use, a notation describing the load or the appropriate portion of the load as Indiana tax exempt special fuel;
        (2) if not purchased under a claim of exempt use, a notation

describing the load or the appropriate portion thereof as Indiana taxed or pretaxed special fuel; or
        (3) if imported by or on behalf of a licensed importer instead of the pretaxed notation, a valid verification number provided before entry into Indiana by the department or the department's designee or appointee, and the valid verification number may be handwritten on the shipping paper by the transporter or importer.
A person is in violation of subdivision (1) or (2) (whichever applies) if the person boards the vehicle with a shipping paper that does not meet the requirements described in the applicable subdivision (1) or (2). A person in violation of this subsection commits a Class A infraction (as defined in IC 34-28-5-4).
    (f) A person may not sell or purchase any product for use in the supply tank of a motor vehicle for general highway use that does not meet ASTM standards as published in the annual Book of Standards and its supplements unless amended or modified by rules adopted by the department under IC 4-22-2. The transporter and the transporter's agent and customer have the exclusive duty to dispose of any product in violation of this section in the manner provided by federal and state law. A person who knowingly:
        (1) violates; or
        (2) aids and abets another in violating;
this subsection commits a Class D Level 6 felony.
    (g) This subsection does not apply to the following:
        (1) A person that:
            (A) inadvertently manipulates the dye or marker concentration of special fuel or coloration of special fuel; and
            (B) contacts the department within one (1) business day after the date on which the contamination occurs.
        (2) A person that affects the dye or marker concentration of special fuel by engaging in the blending of the fuel, if the blender:
            (A) collects or remits, or both, all tax due as provided in section 28(g) of this chapter;
            (B) maintains adequate records as required by the department to account for the fuel that is blended and its status as a taxable or exempt sale or use; and
            (C) is otherwise in compliance with this subsection.
A person may not manipulate the dye or marker concentration of a special fuel or the coloration of special fuel after the special fuel is

removed from a terminal or refinery rack for sale or use in Indiana. A person who knowingly violates or aids and abets another person to violate this subsection commits a Class D Level 6 felony.
    (h) This subsection does not apply to a person that receives blended fuel from a person in compliance with subsection (g)(2). A person may not sell or consume special fuel if the special fuel dye or marker concentration or coloration has been manipulated, inadvertently or otherwise, after the special fuel has been removed from a terminal or refinery rack for sale or use in Indiana. A person who knowingly:
        (1) violates; or
        (2) aids and abets another to violate;
this subsection commits a Class D Level 6 felony.
    (i) A person may not engage in blending fuel for taxable use in Indiana without collecting and remitting the tax due on the untaxed portion of the fuel that is blended. A person who knowingly:
        (1) violates; or
        (2) aids and abets another to violate;
this subsection commits a Class D Level 6 felony.
    SECTION 99. IC 6-6-2.5-63 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 63. (a) A supplier, permissive supplier, importer, or blender who knowingly fails to collect or timely remit tax otherwise required to be paid to the department under section 35 of this chapter or pursuant to a tax precollection agreement under section 35 of this chapter is liable for the uncollected tax plus a penalty equal to one hundred percent (100%) of the uncollected tax.
    (b) Collection of a special fuel tax arising from an out-of-state transaction does not in itself subject a supplier or permissive supplier to the jurisdiction of Indiana for any tax liability arising outside of this chapter.
    (c) A person who fails or refuses to pay over to the state the tax on special fuel at the time required in this chapter or who fraudulently withholds or appropriates or otherwise uses the money or any portion thereof belonging to the state commits a Class D Level 6 felony.
    (d) A person who negligently disregards any provision of this chapter is subject to a civil penalty of five hundred dollars ($500) for each separate occurrence of negligent disregard as determined by the commissioner.
    SECTION 100. IC 6-6-2.5-71 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 71. (a) The department or any agent of the department may seal a special fuel or kerosene pump or impound a vehicle that does not have a sealable pump and post a sign that states that transactions involving special fuel or kerosene may not be made at the person's location if any of the following occur:
        (1) A person becomes delinquent in payment of a tax due under this chapter.
        (2) There is evidence that the revenue of the seller of fuel is in jeopardy.
        (3) A person sells special fuel or kerosene without being licensed as required by this chapter.
        (4) A person sells special fuel or kerosene without being bonded as required by the department.
        (5) A person sells fuel that is taxable under this chapter without charging special fuel tax. However, this subdivision does not apply to a seller that acts in good faith and sells undyed special fuel to a person with a valid tax exemption certificate on file with the seller.
        (6) A person sells dyed or marked special fuel for use in a motor vehicle operated on a public highway.
    (b) A pump sealed under subsection (a) may remain sealed and a sign posted under subsection (a) may remain posted until all of the following have occurred:
        (1) All reports are filed and the fees and taxes imposed under this chapter are paid in full.
        (2) The interest and penalties imposed under this chapter, IC 6-8.1-10-1, and IC 6-8.1-10-2 (repealed) are paid in full.
        (3) The license required by this chapter is obtained.
        (4) The bond, letter of credit, or cash deposit required by this chapter is provided in the amount required by the department.
    (c) A person that sells special fuel or kerosene in Indiana shall allow the agents of the department to seal gallonage totalizers of metered pumps operated by or on behalf of the person selling special fuel or kerosene.
    (d) If the department determines that a person is selling special fuel or kerosene from a metered pump in Indiana without an effectively sealable gallonage totalizer, the seller, at the department's request, shall:


        (1) adapt the pump to the department's specifications so that the pump may be effectively sealed; or
        (2) replace, in whole or in part, the pump with a pump employing an effectively sealable gallonage totalizer, as determined by the department.
    (e) A person's failure to comply with subsection (c) or (d) shall be considered evidence that the revenue of the person is in jeopardy.
    (f) A person that, without authorization, removes, alters, defaces, or covers a sign that:
        (1) is posted by the department; and
        (2) states that transactions involving special fuel or kerosene may not be made at a location;
commits a Class B misdemeanor. However, the offense is a Class D Level 6 felony if the offense is committed with intent to evade the tax imposed by this chapter or defraud the state.
    (h) (g) A person that sells special fuel or kerosene shall notify the department of the following:
        (1) A broken fuel pump seal.
        (2) A removed, altered, defaced, or covered sign that was posted by the department.
    (i) (h) A person that sells special fuel or kerosene that fails to notify the department, as required by subsection (h), (g), after:
        (1) a fuel pump seal is broken; or
        (2) a sign that was posted by the department is removed, altered, defaced, or covered;
commits a Class D Level 6 felony.
    SECTION 101. IC 6-7-1-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. A distributor or other person who knowingly sells or offers for sale an individual package, having affixed thereto any fraudulent, spurious, imitation, or counterfeit stamp, or stamp which has been previously affixed, commits a Class C Level 5 felony. A person who knowingly affixes to an individual package either a fraudulent, spurious, imitation, or counterfeit stamp or a stamp which has previously been affixed to an individual package commits a Class C Level 5 felony.
    SECTION 102. IC 6-7-1-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 24. (a) Whenever the department discovers any cigarettes which are subject to tax under this chapter and upon which the tax has not been paid or the stamps affixed

as required, it may seize and take possession of the cigarettes together with any vending machine or receptacle in which they are held for sale. The seized cigarettes, vending machine, or receptacle, not including money contained in the vending machine or receptacle, shall be forfeited to the state. The department may, within a reasonable time after the seizure:
        (1) sell the forfeited cigarettes and vending machines or receptacles at public auction, but the department shall require the purchaser to affix the proper amount of the stamps to the cigarettes upon delivery to the purchaser;
        (2) permit the person from whom the cigarettes were seized to redeem the cigarettes and any vending machine or receptacle seized therewith, by the payment of the tax due together with a penalty of fifty percent (50%) and the costs incurred in the proceeding; or
        (3) destroy the confiscated cigarettes and vending machine or receptacle.
    (b) The confiscation, destruction, sale, or redemption of cigarettes does not relieve any person of criminal penalties imposed for violation of this chapter.
    (c) Any person who sells or holds for sale any packages of cigarettes not bearing Indiana tax stamps commits a Class A misdemeanor. This subsection does not apply to distributors or to employees of the department who are performing their official duties.
    (d) The possession of more than one thousand five hundred (1,500) cigarettes in packages not bearing Indiana tax stamps by any person other than a distributor, a common carrier, or an employee of the state or federal government performing his the employee's official duties in the enforcement of this chapter constitutes prima facie evidence that the cigarettes are possessed for the purpose of sale.
    (e) A person who knowingly possesses more than twelve thousand (12,000) cigarettes not bearing Indiana tax stamps and who has previously been convicted of a misdemeanor for possession or sale of unstamped cigarettes commits a Class D Level 6 felony.
    SECTION 103. IC 6-7-2-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. A distributor who knowingly:
        (1) acts as a distributor without a license;
        (2) makes a false statement in a report under this chapter; or


        (3) does not pay the tax for which the distributor is liable under this chapter;
commits a Class B misdemeanor. However, the offense is a Class D Level 6 felony if it is committed with intent to evade the tax imposed by this chapter or to defraud the state.
    SECTION 104. IC 6-8-1-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19. Any person charging against or deducting from any payment due to any other person any amount being or represented as being a tax levied by this chapter or receiving money or credits as or purporting to be such a tax is a trustee of the amounts so charged, deducted, or received. A trustee who fails to pay any of those amounts to the department when due, with intent to evade payment of the tax, commits a Class D Level 6 felony.
    SECTION 105. IC 6-8-1-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 24. It is a Class B misdemeanor for a person to fail to make any return required to be made under this chapter, or to make any false return, with intent to defraud the state or to evade the payment of the tax, or any part thereof, imposed by this chapter. It is a Class B misdemeanor for a person to recklessly fail to permit the examination of any book, paper, account, record, or other data by the department or its authorized agents, as required by this chapter, to recklessly fail to permit the inspection or appraisal of any property by the department or its authorized agents, or to knowingly fail to offer testimony or produce any record as required in this chapter. A person who makes a false statement, with intent to defraud the state or to evade the payment of the tax imposed under this chapter, commits a Class D Level 6 felony.
    SECTION 106. IC 6-9-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) A member of the convention and visitor bureau created under section 3 of this chapter or the economic development authority created under section 7 of this chapter who knowingly:
        (1) approves the transfer of money to any person or corporation not qualified under law for that transfer; or
        (2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
    (b) A person who receives a transfer of money under this chapter and knowingly uses that money for any purpose not permitted under this chapter commits a Class D Level 6 felony.
    SECTION 107. IC 6-9-2.5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the commission who knowingly:
        (1) approves the transfer of funds to any person not qualified under this chapter for such a transfer; or
        (2) approves a transfer for a purpose not permitted under this chapter;
commits a Class D Level 6 felony.
    (b) A person who receives a transfer of funds under this chapter and knowingly uses those funds for any purpose other than a proposal approved by the commission commits a Class D Level 6 felony.
    SECTION 108. IC 6-9-4-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the commission who knowingly approves the transfer of funds to any person not qualified under this chapter for such a transfer, or approves a transfer for a purpose not permitted under this chapter, commits a Class D Level 6 felony.
    (b) A person who receives a transfer of funds under this chapter and knowingly uses the funds for any purpose other than a proposal approved by the commission commits a Class D Level 6 felony.
    SECTION 109. IC 6-9-6-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. Any person or officer or employee of a corporation who receives a transfer of funds under this chapter and who uses the funds for any purpose other than a proposal approved by the commission commits a Class D Level 6 felony.
    SECTION 110. IC 6-9-7-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) Any member of the commission who approves the transfer of funds to any person or corporation not qualified under this chapter for that transfer or who approves a transfer for a purpose not permitted under this chapter commits a Class D Level 6 felony.
    (b) Any person or officer or employee of a corporation who receives a transfer of funds under this chapter and who uses those funds for any purpose other than a proposal approved by the commission commits a Class D Level 6 felony.
    SECTION 111. IC 6-9-10-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A person who approves the transfer of funds to any person not qualified under this

chapter for that transfer, or approves a transfer for a purpose not permitted under this chapter, commits a Class D Level 6 felony.
    (b) A person who receives a transfer of funds under this chapter and knowingly uses the funds for any purpose other than a proposal approved by the board commits a Class D Level 6 felony.
    SECTION 112. IC 6-9-10.5-12, AS ADDED BY P.L.172-2011, SECTION 108, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. (a) A member of a commission created under section 9 of this chapter who knowingly:
        (1) approves the transfer of money to any person or corporation not qualified under law to receive the transfer; or
        (2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
    (b) A person who receives a transfer of money under this chapter and knowingly uses the money for any purpose not permitted under this chapter commits a Class D Level 6 felony.
    SECTION 113. IC 6-9-11-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the commission who knowingly approves the transfer of funds to any person not qualified under this chapter for such a transfer, or approves a transfer for a purpose not permitted under this chapter, commits a Class D Level 6 felony.
    (b) A person who receives a transfer of funds under this chapter and knowingly uses the funds for any purpose other than a proposal approved by the commission commits a Class D Level 6 felony.
    SECTION 114. IC 6-9-14-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the commission who knowingly approves the transfer of funds to any person not qualified under this chapter for such a transfer, or approves a transfer for a purpose not permitted under this chapter, commits a Class D Level 6 felony.
    (b) A person who receives a transfer of funds under this chapter and knowingly uses the funds for any purpose other than a proposal approved by the commission commits a Class D Level 6 felony.
    SECTION 115. IC 6-9-15-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A person who approves the transfer of funds to any person not qualified under this chapter for that transfer, or approves a transfer for a purpose not permitted under this chapter, commits a Class D Level 6 felony.


    (b) A person who receives a transfer of funds under this chapter and knowingly uses the funds for any purpose other than a proposal approved by the board commits a Class D Level 6 felony.
    SECTION 116. IC 6-9-16-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the commission who knowingly approves the transfer of funds to any person not qualified under this chapter for such a transfer, or approves a transfer for a purpose not permitted under this chapter, commits a Class D Level 6 felony.
    (b) A person who receives a transfer of funds under this chapter and knowingly uses the funds for any purpose other than a proposal approved by the commission commits a Class D Level 6 felony.
    SECTION 117. IC 6-9-17-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the commission who knowingly:
        (1) approves the transfer of money to any person or corporation not qualified under law for that transfer; or
        (2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
    (b) A person who receives a transfer of money under this chapter and knowingly uses that money for any purpose not permitted under this chapter commits a Class D Level 6 felony.
    SECTION 118. IC 6-9-18-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the commission who knowingly:
        (1) approves the transfer of money to any person or corporation not qualified under law for that transfer; or
        (2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
    (b) A person who receives a transfer of money under this chapter and knowingly uses that money for any purpose not permitted under this chapter commits a Class D Level 6 felony.
    SECTION 119. IC 6-9-19-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the commission who knowingly:
        (1) approves the transfer of money to any person or corporation not qualified under law for that transfer; or
        (2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
    (b) A person who receives a transfer of money under this chapter and knowingly uses that money for any purpose not permitted under this chapter commits a Class D Level 6 felony.
    SECTION 120. IC 6-9-29-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. An individual who:
        (1) is an individual taxpayer or an employee, an officer, or a member of a corporate or partnership taxpayer; and
        (2) has a duty to remit innkeeper's taxes to the department of state revenue or a political subdivision;
holds those innkeeper's taxes in trust for the state or political subdivision and is personally liable for the payment of the innkeeper's taxes, plus any penalties and interest attributable to the innkeeper's taxes, to the state or political subdivision. An individual who knowingly fails to collect or remit the innkeeper's taxes to the state or political subdivision commits a Class D Level 6 felony.
    SECTION 121. IC 6-9-32-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the commission who knowingly:
        (1) approves the transfer of money to any person or corporation not qualified under law for that transfer; or
        (2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
    (b) A person who receives a transfer of money under this chapter and knowingly uses that money for any purpose not permitted under this chapter commits a Class D Level 6 felony.
    SECTION 122. IC 6-9-37-8, AS ADDED BY P.L.214-2005, SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A member of the commission who knowingly:
        (1) approves the transfer of money to any person or corporation not qualified under law for that transfer; or
        (2) approves a transfer for a purpose not permitted under law;
commits a Class D Level 6 felony.
    (b) A person who receives a transfer of money under this chapter and knowingly uses that money for any purpose not permitted under this chapter commits a Class D Level 6 felony.
    SECTION 123. IC 7.1-3-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) The commission shall not issue a beer retailer's permit, except as otherwise authorized

in this title and subject to the other restrictions contained in this title, to the following persons:
        (1) An alien.
        (2) A person who:
            (A) is not of good moral character and of good repute in the community in which the person resides; or
            (B) has been convicted within ten (10) years before the date of application of:
                (i) a federal crime having a sentence of at least one (1) year;
                (ii) an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014); or
                (iii) a crime in a state other than Indiana having a penalty equal to the penalty for an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014).
        (3) A person who does not own the premises to which the permit will be applicable, or who does not have a bona fide lease on the premises for the full period for which the permit is to be issued.
        (4) A law enforcement officer or an officer who is not an elected officer of a municipal corporation, or governmental subdivision, or of this state, charged with any duty or function in the enforcement of this title.
        (5) An officer or employee of a person engaged in the alcoholic beverage traffic, which person is a nonresident of this state, or is engaged in carrying on any phase of the manufacture of, traffic in, or transportation of alcoholic beverages without a permit under this title when a permit is required by this title.
        (6) If the permit applicant does not hold a brewer's permit, a person who leases from a person, or an officer or agent of that person, who holds a brewer's permit or a beer wholesaler's permit.
        (7) If the permit applicant does not hold a brewer's permit, a person who is indebted to a person who holds a brewer's permit or a beer wholesaler's permit, or an officer or agent of that person, for a debt secured by a lien, mortgage, or otherwise, upon the premises for which the beer retailer's permit is to be applicable, or upon any of the property or fixtures on the premises, or used,

or to be used in connection with the premises.
        (8) A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required for the issuance of a beer retailer's permit to the person.
        (9) A minor.
        (10) A person non compos mentis.
        (11) A person who has held a permit under this title and who has had that permit revoked within one (1) year prior to the date of application for a beer retailer's permit.
        (12) A person who has made an application for a permit of any type which has been denied less than one (1) year prior to the person's application for a beer retailer's permit unless the first application was denied by reason of a procedural or technical defect.
        (13) A person who is not the proprietor of a restaurant located and being operated on the premises described in the application for the beer retailer's permit, or of a hotel, or of a club, owning, or leasing the premises as a part of it. The disqualification contained in this subdivision shall not apply to the qualifications for or affect the privileges to be accorded under a beer dealer's permit or a dining car beer permit.
    (b) Subsection (a)(9) does not prevent a minor from being a stockholder in a corporation.
    SECTION 124. IC 7.1-3-26-15, AS ADDED BY P.L.165-2006, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 15. (a) Except as provided in subsections (b) and (c), a seller who violates this chapter commits a Class A infraction.
    (b) Except as provided in subsection (d), a seller who:
        (1) knowingly or intentionally violates this chapter; and
        (2) has one (1) prior unrelated conviction or judgment for an infraction under this section for an act or omission that occurred not more than ten (10) years before the act or omission that is the basis for the most recent conviction or judgment for an infraction;
commits a Class A misdemeanor.
    (c) Except as provided in subsection (d), a seller who:
        (1) knowingly or intentionally violates this chapter; and
        (2) has at least two (2) prior unrelated convictions or judgments for infractions under this section for acts or omissions that

occurred not more than ten (10) years before the act or omission that is the basis for the most recent conviction or judgment for an infraction;
commits a Class D Level 6 felony.
    (d) A person who violates section 6(5) of this chapter commits a Class A infraction. The commission may consider an infraction committed under this subsection in its determination of whether to renew a seller's permit.
    SECTION 125. IC 7.1-5-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. Felony Penalty. A person who knowingly violates IC 7.1-5-4-3, IC 7.1-5-4-6, or IC 7.1-5-6-4 commits a Class D Level 6 felony.
    SECTION 126. IC 7.1-5-1-9.5, AS AMENDED BY P.L.1-2006, SECTION 150, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9.5. (a) An in state or an out of state vintner, distiller, brewer, rectifier, or importer that:
        (1) holds a basic permit from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives; and
        (2) knowingly violates IC 7.1-5-11-1.5;
commits a Class A misdemeanor.
    (b) A person who:
        (1) is not described in subsection (a); and
        (2) knowingly violates IC 7.1-5-11-1.5;
commits a Class D Level 6 felony.
    (c) If the chairman of the alcohol and tobacco commission or the attorney general determines that a vintner, distiller, brewer, rectifier, or importer that holds a basic permit from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has made an illegal shipment of an alcoholic beverage to consumers in Indiana, the chairman shall:
        (1) notify the federal Bureau of Alcohol, Tobacco, Firearms and Explosives in writing and by certified mail of the official determination that state law has been violated; and
        (2) request the federal bureau to take appropriate action.
    SECTION 127. IC 7.1-5-7-8, AS AMENDED BY P.L.94-2008, SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) It is a Class B misdemeanor for a person to recklessly, knowingly, or intentionally sell, barter, exchange, provide, or furnish an alcoholic beverage to a minor.
    (b) However, the offense described in subsection (a) is:


        (1) a Class A misdemeanor if the person has a prior unrelated conviction under this section; and
        (2) a Class D Level 6 felony if the consumption, ingestion, or use of the alcoholic beverage is the proximate cause of the serious bodily injury or death of any person.
    (c) This section shall not be construed to impose civil liability upon any postsecondary educational institution, including public and private universities and colleges, business schools, vocational schools, and schools for continuing education, or its agents for injury to any person or property sustained in consequence of a violation of this section unless such institution or its agent sells, barters, exchanges, provides, or furnishes an alcoholic beverage to a minor.
    SECTION 128. IC 7.1-5-10-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. (a) A person who knowingly or intentionally visits a building, structure, vehicle, or other place when it is being used by any person to buy an alcoholic beverage (if the sale is in violation of section 5 of this chapter) commits visiting a common nuisance, a Class B misdemeanor.
    (b) A person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is used for the sale of alcoholic beverages (if the sale is in violation of section 5 of this chapter) commits maintaining a common nuisance, a Class D Level 6 felony.
    SECTION 129. IC 7.1-5-11-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. Transportation of Untaxed Beverage Prohibited. It is a Class D Level 6 felony for a person to transport an alcoholic beverage on a public highway, knowing that any of the taxes due the state on it are not paid. This section does not apply to a permittee, or a duly licensed carrier for a permittee, who is lawfully entitled to hold or possess an alcoholic beverage without the payment of the excise tax on it prior to the time that it is withdrawn for sale.
    SECTION 130. IC 8-1-2-79 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 79. (a) Whenever a public utility desires to issue bonds, notes, or other evidences of indebtedness, payable more than one (1) year from the execution thereof, or preferred or common stock, it shall file with the commission a petition verified by its president or vice-president, and secretary or assistant secretary, or by two (2) of its incorporators, if it has no such officers, setting forth:
        (1) the principal amount of bonds, notes, or other evidences of indebtedness, and the par value or number of shares of preferred and common stock;
        (2) the minimum price for which said securities are to be disposed of or sold;
        (3) the purposes for which said securities are to be disposed of or sold;
        (4) the description, cost, or value of any property acquired or to be acquired from the proceeds of the disposal or sale of said securities;
        (5) a balance sheet and income account; and
        (6) all other information that may be relevant or that may be required by the commission.
For the purpose of enabling it to determine whether the proposed issue is in the public interest, in accordance with laws touching the issuance of securities by public utilities, and reasonably necessary in the operation and management of the business of the utility in order that the utility may provide adequate service and facilities, the commission also may consider the total outstanding capitalization of the utility, including the proposed issue, in relation to the total value of or investment in the property of the utility, including the property to be acquired by the proposed issue, as shown by the balance sheet, accounts, or reports of the utility, the records of the commission, or other evidence, and the character and proportionate amount of each kind of security, including the proposed issue, and the unamortized discount suffered by the utility in the sale of the outstanding securities. The commission shall make such further inquiry or investigation, hold such hearing or hearings, and examine such witnesses, books, papers, documents, or contracts as it may deem of importance in enabling it to reach a decision.
    (b) An owner, officer, or agent of any public utility who knowingly violates this section, or knowingly makes any material misrepresentation or misstatements in connection with this section, commits a Class D Level 6 felony.
    SECTION 131. IC 8-1-2-102 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 102. (a) The definitions set forth in IC 3-5-2 apply to this section.
    (b) No public utility, or any agent or officer thereof, or any agent or officer of a political subdivision constituting a public utility, as defined

in this chapter, may offer or give, for any purpose, to any political committee or any member or employee thereof, candidate for, or incumbent of, any office or position under the constitution or laws of Indiana, or under any political subdivision or to any person, at the request, or for the advantage of, any of them, any frank, privilege, or property withheld from any person for any product or service produced, transmitted, delivered, furnished, or rendered, or to be produced, transmitted, delivered, furnished, or rendered by any public utility or any free product or service.
    (c) No political committee, or member or employee thereof, or candidate for or incumbent of any office or position under the constitution or laws of Indiana or under any political subdivision may ask for or accept from any public utility, or any agent or officer thereof, or any agent or officer of any political subdivision constituting a public utility, as defined in this chapter, or use, in any matter or for any purpose, any frank or privilege withheld from any person for any product or service produced, transmitted, delivered, furnished, or rendered, or to be produced, transmitted, delivered, furnished, or rendered by any public utility.
    (d) A person who knowingly violates this section commits a Class D Level 6 felony.
    (e) This chapter does not:
        (1) prevent any public utility, carrier, or agent or officer thereof, from furnishing free or reduced service or transportation to any bona fide employee or officer thereof;
        (2) prohibit any carrier from carrying free, or at reduced rates, agricultural experiment and demonstration cars or trains and the lecturers and necessary demonstrators accompanying such trains or cars; or
        (3) prohibit any carrier from carrying free, or at reduced rates, its furloughed, pensioned, or superannuated employees, persons who have become disabled or infirm in its service, the remains of any person killed in its service, or the unremarried surviving spouses and dependent children under eighteen (18) years of age of persons who died in its service.
    SECTION 132. IC 8-2-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person who, with intent to defraud:
        (1) falsely makes, alters, forges, counterfeits, prints, or

photographs any bill of lading purporting to represent goods received for shipment intrastate in Indiana;
        (2) utters or publishes as true and genuine any such falsely made, altered, forged, counterfeited, printed, or photographed bill of lading; or
        (3) issues, negotiates, or transfers for value a bill which contains a false statement as to the receipt of the goods, or as to any other matter;
commits a Class D Level 6 felony.
    SECTION 133. IC 8-10-1-29, AS AMENDED BY P.L.98-2008, SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 29. (a) Unless the ports of Indiana declares an emergency, the ports of Indiana may not during any six (6) month period make separate contracts with another party for similar construction projects or the purchase of similar equipment, materials, or supplies under IC 8-10-1-7(5) without advertising for and accepting public bids, if the aggregate cost of the separate contracts is more than twenty-five thousand dollars ($25,000).
    (b) A commission member or an employee of the ports of Indiana who knowingly violates subsection (a) commits a Class D Level 6 felony.
    (c) A person who accepts a contract with the ports of Indiana knowing that subsection (a) was violated in connection with the contract commits a Class D Level 6 felony and may not be a party to or benefit from any contract with a public body in the state for two (2) years from the date of the person's conviction.
    SECTION 134. IC 8-15.5-13-8, AS ADDED BY P.L.47-2006, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. A person who knowingly or intentionally violates this chapter commits a Class D Level 6 felony.
    SECTION 135. IC 8-15.7-16-8, AS ADDED BY P.L.47-2006, SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. A person who knowingly or intentionally violates this chapter commits a Class D Level 6 felony.
    SECTION 136. IC 8-23-23-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. An inspector who knowingly permits:
        (1) construction of a highway contrary to the specifications;
        (2) the use of inferior materials not provided for in the

specifications; or
        (3) the use of a lesser amount of materials than provided for in the specifications;
commits a Class D Level 6 felony.
    SECTION 137. IC 9-17-3-3.2, AS AMENDED BY P.L.125-2012, SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3.2. (a) When a certificate of title is available and a vehicle is sold or transferred to a person other than a dealer licensed in Indiana, the seller or transferor shall fill in all blanks on the certificate of title relating to buyer information, including the sale price.
    (b) The knowing or intentional failure of the seller or transferor to fill in all buyer information is a Class A misdemeanor for the first offense and a Class D Level 6 felony for the second or subsequent offense under IC 9-17-3-7(c)(2). section 7(c)(2) of this chapter.
    SECTION 138. IC 9-17-3-7, AS AMENDED BY P.L.131-2008, SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. (a) This section does not apply to section 5 of this chapter.
    (b) Except as provided in subsection (c), a person who violates this chapter commits a Class C infraction.
    (c) A person who knowingly or intentionally violates:
        (1) section 3(a)(1), 3(a)(2), 3(a)(4), or 3(a)(5) of this chapter commits a Class B misdemeanor; or
        (2) section 3(a)(3) of this chapter commits:
            (A) a Class A misdemeanor for the first violation; or
            (B) a Class D Level 6 felony for the second violation or any subsequent violation.
    SECTION 139. IC 9-17-4-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. (a) Except as provided under subsection (b), a person who violates this chapter commits a Class C infraction.
    (b) A person who knowingly damages, removes, covers, or alters an identification number commits a Class C Level 5 felony.
    SECTION 140. IC 9-18-8-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. A person who owns or possesses a vehicle knowing the vehicle to be in violation of section 2, 3, or 4 of this chapter commits a Class D Level 6 felony.
    SECTION 141. IC 9-18-8-12 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. A person who knowingly:
        (1) damages;
        (2) removes;
        (3) covers; or
        (4) alters;
an original or a special identification number commits a Class C Level 5 felony.
    SECTION 142. IC 9-18-8-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 13. A person who knowingly sells or offers for sale a motor vehicle that has had the original or special identification number:
        (1) destroyed;
        (2) removed;
        (3) altered;
        (4) covered; or
        (5) defaced;
commits a Class D Level 6 felony.
    SECTION 143. IC 9-18-8-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 14. A person who knowingly or intentionally sells or offers for sale a motor vehicle part that has had the identification number:
        (1) destroyed;
        (2) removed;
        (3) altered;
        (4) covered; or
        (5) defaced;
commits a Class D Level 6 felony.
    SECTION 144. IC 9-18-8-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 15. (a) Subsection (c) does not apply to a person who manufactures or installs a plate or label containing an identification number:
        (1) in a program authorized by a manufacturer of motor vehicles or motor vehicle parts; or
        (2) with permission granted by the bureau under this chapter.
    (b) As used in this section, "identification number" means a set of numbers, letters, or numbers and letters that is assigned to a motor vehicle or motor vehicle part:
        (1) by a manufacturer of motor vehicles or motor vehicle parts; or


        (2) by a governmental entity in Indiana or another state to replace a destroyed, a removed, an altered, or a defaced set of numbers, letters, or numbers and letters assigned by a manufacturer of motor vehicles or motor vehicle parts.
    (c) A person who knowingly or intentionally possesses a plate or label that:
        (1) contains an identification number; and
        (2) is not attached to the motor vehicle or motor vehicle part to which the identification number was assigned by a manufacturer of motor vehicles or motor vehicle parts or a governmental entity;
commits a Class D Level 6 felony.
    (d) A person who knowingly or intentionally possesses a plate or label on which an identification number has been altered or removed commits a Class D Level 6 felony.
    (e) A person who, with intent to defraud, possesses a plate or label containing a set of numbers, letters, or numbers and letters that purports to be an identification number commits a Class D Level 6 felony.
    SECTION 145. IC 9-19-9-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. A person who, with intent to defraud:
        (1) violates this chapter; or
        (2) omits to do any act that is required by this chapter;
commits a Class D Level 6 felony.
    SECTION 146. IC 9-19-10.5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A person who violates section 2 of this chapter commits a Class A misdemeanor. However, the offense is a Class D Level 6 felony if a person in a motor vehicle is injured as a result of the air bag tampering.
    SECTION 147. IC 9-19-10.5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. A person who violates section 3 of this chapter commits a Class D Level 6 felony.
    SECTION 148. IC 9-21-8-56, AS AMENDED BY P.L.66-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 56. (a) For purposes of this section, "highway work zone" has the meaning set forth in IC 8-23-2-15.
    (b) Except as provided in subsections (f) through (h), a person who recklessly operates a vehicle in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
    (c) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly operates a motor vehicle in the immediate vicinity of a highway work zone when workers are present with the intent to:
        (1) damage traffic control devices; or
        (2) inflict bodily injury on a worker;
commits a Class A misdemeanor.
    (d) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly engages in:
        (1) aggressive driving, as defined in section 55 of this chapter; or
        (2) a speed contest, as prohibited under IC 9-21-6-1;
in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
    (e) Except as provided in subsections (f) through (h), a person who recklessly fails to obey a traffic control device or flagman, as prohibited under section 41 of this chapter, in the immediate vicinity of a highway work zone when workers are present commits a Class A misdemeanor.
    (f) An offense under subsection (b), (c), (d), or (e) is a Class D Level 6 felony if the person who commits the offense:
        (1) has a prior unrelated conviction under this section in the previous five (5) years; or
        (2) is operating the vehicle in violation of IC 9-30-5-1 or IC 9-30-5-2.
    (g) An offense under subsection (b), (c), (d), or (e) is a Class D Level 6 felony if the offense results in bodily injury to a worker in the worksite.
    (h) An offense under subsection (b), (c), (d), or (e) is a Class C Level 5 felony if the offense results in the death of a worker in the worksite.
    (i) A person who knowingly, intentionally, or recklessly engages in an act described in section 55(b)(1), 55(b)(2), 55(b)(3), 55(b)(4), 55(b)(5), or 55(b)(6) of this chapter in the immediate vicinity of a highway work zone when workers are present commits a Class B infraction. Notwithstanding IC 34-28-5-5(c), the funds collected as judgments for an infraction under this subsection shall be transferred to the Indiana department of transportation to pay the costs of hiring off duty police officers to perform the duties described in IC 8-23-2-15(b).
    SECTION 149. IC 9-22-3-31 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 31. A person who knowingly possesses, buys, sells, exchanges, gives away, or offers to buy, sell, exchange or give away a manufacturer's identification plate or serial plate that has been removed from a motor vehicle, motorcycle, semitrailer, or recreational vehicle that is a total loss or salvage commits a Class D Level 6 felony.
    SECTION 150. IC 9-22-3-32 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 32. A person who knowingly possesses, buys, sells, exchanges, gives away, or offers to buy, sell, exchange, or give away a certificate of title or ownership papers from a nontitle state of a motor vehicle, motorcycle, semitrailer, or recreational vehicle that is a total loss or salvage commits a Class D Level 6 felony.
    SECTION 151. IC 9-22-3-33, AS AMENDED BY P.L.125-2012, SECTION 140, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 33. A person who knowingly violates section 4, 5, 6, 7, or 8 of this chapter (or section 9 of this chapter before its repeal) commits a Class D Level 6 felony.
    SECTION 152. IC 9-24-6-6, AS AMENDED BY P.L.125-2012, SECTION 191, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. (a) The following, if committed while driving a commercial motor vehicle or while holding any class of commercial driver's license or permit, are serious traffic violations:
        (1) Operating a vehicle at least fifteen (15) miles per hour above the posted speed limit in violation of IC 9-21-5, IC 9-21-6, or IC 9-21-5-14.
        (2) Operating a vehicle recklessly as provided in IC 9-21-8-50 and IC 9-21-8-52.
        (3) Improper or erratic traffic lane changes in violation of IC 9-21-8-2 through IC 9-21-8-13 and IC 9-21-8-17 through IC 9-21-8-18.
        (4) Following a vehicle too closely in violation of IC 9-21-8-14 through IC 9-21-8-16.
        (5) In connection with a fatal accident, violating any statute, ordinance, or rule concerning motor vehicle traffic control other than parking statutes, ordinances, or rules.
        (6) Operating a vehicle while disqualified under this chapter.
        (7) For drivers who are not required to always stop at a railroad crossing, failing to do any of the following:


            (A) Slow down and determine that the railroad tracks are clear of an approaching train or other on-track equipment, in violation of IC 9-21-5-4, IC 9-21-8-39, IC 35-42-2-4, IC 35-44.1-2-13, or any similar statute.
            (B) Stop before reaching the railroad crossing, if the railroad tracks are not clear of an approaching train or other on-track equipment, in violation of IC 9-21-4-16, IC 9-21-8-39, or any similar statute.
        (8) For all drivers, whether or not they are required to always stop at a railroad crossing, to do any of the following:
            (A) Stopping in a railroad crossing, in violation of IC 9-21-8-50 or any similar statute.
            (B) Failing to obey a traffic control device or failing to obey the directions of a law enforcement officer at a railroad crossing, in violation of IC 9-21-8-1 or any similar statute.
            (C) Stopping in a railroad crossing because of insufficient undercarriage clearance, in violation of IC 35-42-2-4, IC 35-44.1-2-13, IC 9-21-8-50, or any similar statute.
        (9) Operating a commercial motor vehicle without having ever obtained a commercial driver's license or permit.
        (10) Operating a commercial motor vehicle without a commercial driver's license or permit in the possession of the individual.
        (11) Operating a commercial motor vehicle without holding the proper class or endorsement of a commercial driver's license or permit for the operation of the class of the commercial motor vehicle.
        (12) Driving a commercial motor vehicle while using a hand-held mobile device as set forth in 49 CFR 383 through 384, and 49 CFR 390 through 392.
    (b) Subsection (a)(1) through (a)(11) are intended to comply with the provisions of 49 U.S.C. 31311(a)(10) and regulations adopted under that statute.
    SECTION 153. IC 9-24-11-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) Except as provided in subsections (b) and (c), a person who violates this chapter commits a Class C infraction.
    (b) A person who:
        (1) has been issued a permit or license on which there is a printed or stamped restriction as provided under section 7 of this chapter;

and
        (2) operates a motor vehicle in violation of the restriction;
commits a Class C misdemeanor. The license of a person who violates this subsection may be suspended in the manner provided for the suspension or revocation of an operator's license.
    (c) A person who causes serious bodily injury to or the death of another person when operating a motor vehicle after knowingly or intentionally failing to take prescribed medication, the taking of which was a condition of the issuance of the operator's restricted license under section 7 of this chapter, commits a Class A misdemeanor. However, the offense is a Class D Level 6 felony if, within the five (5) years preceding the commission of the offense, the person had a prior unrelated conviction under this subsection.
    (d) A person who violates subsection (c) commits a separate offense for each person whose serious bodily injury or death is caused by the violation of subsection (c).
    SECTION 154. IC 9-24-15-6.5, AS AMENDED BY SEA 538-2013, SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6.5. (a) The court shall grant a petition for restricted driving privileges filed under this chapter by a person whose driving privileges were suspended under IC 9-30-6-9(c) or IC 35-48-4-15 if all of the following conditions exist:
        (1) The person was not convicted of one (1) or more of the following:
            (A) A Class D felony under IC 9-30-5-4 before July 1, 1996, or a Class D felony, or a Class C felony, a Level 6 felony, or a Level 5 felony under IC 9-30-5-4 after June 30, 1996.
            (B) A Class C felony under IC 9-30-5-5 before July 1, 1996, or a Class C felony, or a Class B felony, a Level 5 felony, a Level 4 felony, or a Level 3 felony under IC 9-30-5-5 after June 30, 1996.
        (2) The driving that was the basis of the suspension was not in connection with the person's work.
        (3) The person does not have a previous conviction for operating while intoxicated.
        (4) The driving privileges of the person have not previously been suspended more than one (1) time for any reason.
        (5) The person is participating in a rehabilitation program certified by either the division of mental health and addiction or

the Indiana judicial center.
    (b) The person filing the petition for restricted driving privileges shall include in the petition the information specified in subsection (a) in addition to the information required by sections 3 through 4 of this chapter.
    (c) Whenever the court grants a person restricted driving privileges under this chapter, that part of the court's order granting restricted driving privileges shall not take effect until the person's driving privileges have been suspended for at least thirty (30) days under IC 9-30-6-9. In a county that provides for the installation of an ignition interlock device under IC 9-30-8, installation of an ignition interlock device is required as a condition of restricted driving privileges for the entire duration of the restricted driving privileges.
    (d) If a court requires installation of a certified ignition interlock device under subsection (c), the court shall order the bureau to record this requirement in the person's driving record in accordance with IC 9-14-3-7. When the person is no longer required to operate only a motor vehicle equipped with an ignition interlock device, the court shall notify the bureau that the ignition interlock use requirement has expired and order the bureau to update its records accordingly.
    SECTION 155. IC 9-24-16-12, AS AMENDED BY P.L.109-2011, SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. (a) A person who:
        (1) knowingly permits the use of an identification card issued under this chapter by a person other than the person to whom the card was issued;
        (2) knowingly displays or represents as the person's own identification card issued under this chapter an identification card that was not issued to the person displaying the card;
        (3) does not surrender, upon demand of the proper official, an identification card issued under this chapter that has become invalid or expired; or
        (4) knowingly sells, offers to sell, buys, possesses, or offers a false identification card that could reasonably be mistaken for a valid identification card required by this chapter to be issued by the bureau but that has not been issued by the bureau;
commits a Class B misdemeanor.
    (b) A person who:
        (1) knowingly or intentionally uses false information in an

application:
            (A) for an identification card issued under this chapter; or
            (B) for a renewal, amendment, or replacement of an identification card issued under this chapter; or
        (2) knowingly or intentionally makes a false statement or otherwise commits fraud in an application for an identification card issued under this chapter;
commits application fraud, a Class D Level 6 felony.
    SECTION 156. IC 9-24-18-2, AS AMENDED BY P.L.109-2011, SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) A person may not do any of the following:
        (1) Display, cause or permit to be displayed, or have in possession a license or permit issued under this article knowing that the license or permit is fictitious or has been canceled, revoked, suspended, or altered.
        (2) Lend to a person or knowingly permit the use by a person not entitled to use a license or permit a license or permit issued under this article.
        (3) Display or represent as the person's license or permit issued under this article a license or permit not issued to the person.
        (4) Fail or refuse to surrender, upon demand of the proper official, a license or permit issued under this article that has been suspended, canceled, or revoked as provided by law.
        (5) Knowingly sell, offer to sell, buy, possess, or offer as genuine, a license or permit required by this article to be issued by the bureau that has not been issued by the bureau under this article or by the appropriate authority of any other state.
A person who knowingly or intentionally violates this subsection commits a Class C misdemeanor.
    (b) A person who:
        (1) knowingly or intentionally uses a false or fictitious name or gives a false or fictitious address in an application:
            (A) for a license or permit issued under this article; or
            (B) for a renewal, amendment, or replacement of a license or permit issued under this article; or
        (2) knowingly or intentionally makes a false statement or conceals a material fact or otherwise commits a fraud in an application for a license or permit issued under this article;
commits application fraud, a Class D Level 6 felony.


    SECTION 157. IC 9-24-19-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. (a) A person who violates section 3 of this chapter commits a Class D Level 6 felony if the operation results in bodily injury or serious bodily injury.
    (b) A person who violates section 3 of this chapter commits a Class C Level 5 felony if the operation results in the death of another person.
    SECTION 158. IC 9-26-1-8, AS AMENDED BY P.L.126-2008, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A person who knowingly or intentionally fails to stop or comply with section 1(1) or 1(2) of this chapter after causing injury to a person commits a Class A misdemeanor. However, the offense is:
        (1) a Class D Level 6 felony if:
            (A) the accident involves serious bodily injury to a person; or
            (B) within the five (5) years preceding the commission of the offense, the person had a previous conviction of any of the offenses listed in IC 9-30-10-4(a);
        (2) a Class C Level 5 felony if the accident involves the death of a person; and
        (3) a Class B Level 4 felony if the person knowingly or intentionally fails to stop or comply with section 1(1) or 1(2) of this chapter after committing operating while intoxicated causing serious bodily injury (IC 9-30-5-4).
    (b) A person who knowingly or intentionally fails to stop or comply with section 3 or 4 of this chapter after causing damage to the property of another person commits a Class B misdemeanor.
    SECTION 159. IC 9-30-5-3, AS AMENDED BY P.L.126-2008, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) Except as provided in subsection (b), a person who violates section 1 or 2 of this chapter commits a Class D Level 6 felony if:
        (1) the person has a previous conviction of operating while intoxicated that occurred within the five (5) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter; or
        (2) the person:
            (A) is at least twenty-one (21) years of age;
            (B) violates section 1(b) or 2(b) of this chapter; and
            (C) operated a vehicle in which at least one (1) passenger was

less than eighteen (18) years of age.
    (b) A person who violates section 1 or 2 of this chapter or subsection (a)(2) of this section, commits a Class C Level 5 felony if:
        (1) the person has a previous conviction of operating while intoxicated causing death (IC 9-30-5-5); or
        (2) the person has a previous conviction of operating while intoxicated causing serious bodily injury (IC 9-30-5-4).
    SECTION 160. IC 9-30-5-4, AS AMENDED BY P.L.125-2012, SECTION 335, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. (a) A person who causes serious bodily injury to another person when operating a vehicle:
        (1) with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:
            (A) one hundred (100) milliliters of the person's blood; or
            (B) two hundred ten (210) liters of the person's breath;
        (2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body; or
        (3) while intoxicated;
commits a Class D Level 6 felony. However, the offense is a Class C Level 5 felony if the person has a previous conviction of operating while intoxicated within the five (5) years preceding the commission of the offense.
    (b) A person who violates subsection (a) commits a separate offense for each person whose serious bodily injury is caused by the violation of subsection (a).
    (c) It is a defense under subsection (a)(2) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice.
    SECTION 161. IC 9-30-5-5, AS AMENDED BY P.L.125-2012, SECTION 336, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) A person who causes the death of another person when operating a vehicle:
        (1) with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:
            (A) one hundred (100) milliliters of the person's blood; or
            (B) two hundred ten (210) liters of the person's breath;
        (2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood; or


        (3) while intoxicated;
commits a Class C Level 5 felony. However, the offense is a Class B Level 4 felony if the person has a previous conviction of operating while intoxicated within the five (5) years preceding the commission of the offense, or if the person operated the vehicle when the person knew that the person's driver's license, driving privilege, or permit is suspended or revoked for a previous conviction for operating a vehicle while intoxicated.
    (b) A person at least twenty-one (21) years of age who causes the death of another person when operating a vehicle:
        (1) with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
            (A) one hundred (100) milliliters of the person's blood; or
            (B) two hundred ten (210) liters of the person's breath; or
        (2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood;
commits a Class B Level 4 felony.
    (c) A person who causes the death of a law enforcement animal (as defined in IC 35-46-3-4.5) when operating a vehicle:
        (1) with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:
            (A) one hundred (100) milliliters of the person's blood; or
            (B) two hundred ten (210) liters of the person's breath; or
        (2) with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood;
commits a Class D Level 6 felony.
    (d) A person who violates subsection (a), (b), or (c) commits a separate offense for each person or law enforcement animal whose death is caused by the violation of subsection (a), (b), or (c).
    (e) It is a defense under subsection (a)(2), (b)(2), or (c)(2) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice.
    SECTION 162. IC 9-30-10-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 16. (a) A person who operates a motor vehicle:
        (1) while the person's driving privileges are validly suspended under this chapter or IC 9-12-2 (repealed July 1, 1991) and the person knows that the person's driving privileges are suspended;

or
        (2) in violation of restrictions imposed under this chapter or IC 9-12-2 (repealed July 1, 1991) and who knows of the existence of the restrictions;
commits a Class D Level 6 felony.
    (b) Service by the bureau of notice of the suspension or restriction of a person's driving privileges under subsection (a)(1) or (a)(2):
        (1) in compliance with section 5 of this chapter; and
        (2) by first class mail to the person at the last address shown for the person in the bureau's records;
establishes a rebuttable presumption that the person knows that the person's driving privileges are suspended or restricted.
    (c) In addition to any criminal penalty, a person who is convicted of a felony under subsection (a) forfeits the privilege of operating a motor vehicle for life. However, if judgment for conviction of a Class A misdemeanor is entered for an offense under subsection (a), the court may order a period of suspension of the convicted person's driving privileges that is in addition to any suspension of driving privileges already imposed upon the person.
    SECTION 163. IC 9-30-10-17, AS AMENDED BY SEA 538-2013, SECTION 106, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 17. (a) A person who operates a motor vehicle after the person's driving privileges are forfeited for life under section 16 of this chapter, IC 9-4-13-14 (repealed April 1, 1984), or IC 9-12-3-1 (repealed July 1, 1991) commits a Class C Level 5 felony.
    (b) In addition to any criminal penalties imposed for a conviction of an offense described in subsection (a), the bureau shall suspend the person's driving privileges for the life of the person.
    SECTION 164. IC 9-30-13-2, AS AMENDED BY SEA 538-2013, SECTION 108, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. For a person who uses a motor vehicle to commit obstruction of traffic under IC 35-42-2-4, IC 35-44.1-2-13, the judge of the court in which the person is convicted may recommend that the driving privileges of the person be suspended for not less than sixty (60) days and not more than two (2) years. If the court recommends a fixed term of suspension that is less than the minimum term required by statute, the bureau shall impose the minimum period of suspension under this section.


    SECTION 165. IC 9-31-2-27 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 27. A person who does any of the following commits a Class D Level 6 felony:
        (1) Alters or forges a certificate of title or a manufacturer's or importer's certificate to a watercraft, an assignment of either, or a cancellation of a lien on a watercraft.
        (2) Holds or uses a certificate, assignment, or cancellation, knowing the document is altered or forged.
        (3) Procures or attempts to procure a certificate of title to a watercraft or passes or attempts to pass a certificate of title or an assignment of title to a watercraft knowing or having reason to believe that the watercraft is stolen.
        (4) Sells or offers for sale in Indiana a watercraft on which the manufacturer's or assigned hull identification number is destroyed, removed, covered, altered, or defaced, with knowledge of the destruction, removal, covering, alteration, or defacement of the manufacturer's or assigned hull identification number.
        (5) Destroys, removes, alters, or defaces the manufacturer's or assigned hull identification number of a watercraft.
        (6) Uses a false or fictitious name, gives a false or fictitious address, or makes a false statement in an application or certificate required under this chapter or in a bill of sale or sworn statement of ownership, or otherwise commits fraud in an application.
        (7) Sells or transfers a watercraft without delivering to the purchaser or transferee of the watercraft a certificate of title or a manufacturer's or importer's certificate to the watercraft assigned to the purchaser as provided for in this chapter.
    SECTION 166. IC 10-13-3-27, AS AMENDED BY P.L.48-2012, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 27. (a) Except as provided in subsection (b), on request, a law enforcement agency shall release a limited criminal history to or allow inspection of a limited criminal history by noncriminal justice organizations or individuals only if the subject of the request:
        (1) has applied for employment with a noncriminal justice organization or individual;
        (2) has:
            (A) applied for a license or is maintaining a license; and
            (B) provided criminal history data as required by law to be

provided in connection with the license;
        (3) is a candidate for public office or a public official;
        (4) is in the process of being apprehended by a law enforcement agency;
        (5) is placed under arrest for the alleged commission of a crime;
        (6) has charged that the subject's rights have been abused repeatedly by criminal justice agencies;
        (7) is the subject of a judicial decision or determination with respect to the setting of bond, plea bargaining, sentencing, or probation;
        (8) has volunteered services that involve contact with, care of, or supervision over a child who is being placed, matched, or monitored by a social services agency or a nonprofit corporation;
        (9) is currently residing in a location designated by the department of child services (established by IC 31-25-1-1) or by a juvenile court as the out-of-home placement for a child at the time the child will reside in the location;
        (10) has volunteered services at a public school (as defined in IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12) that involve contact with, care of, or supervision over a student enrolled in the school;
        (11) is being investigated for welfare fraud by an investigator of the division of family resources or a county office of the division of family resources;
        (12) is being sought by the parent locator service of the child support bureau of the department of child services;
        (13) is or was required to register as a sex or violent offender under IC 11-8-8;
        (14) has been convicted of any of the following:
            (A) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
            (B) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the victim is less than eighteen (18) years of age.
            (C) Child molesting (IC 35-42-4-3).
            (D) Child exploitation (IC 35-42-4-4(b)).
            (E) Possession of child pornography (IC 35-42-4-4(c)).
            (F) Vicarious sexual gratification (IC 35-42-4-5).
            (G) Child solicitation (IC 35-42-4-6).
            (H) Child seduction (IC 35-42-4-7).


            (I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
            (J) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.
            (K) Attempt under IC 35-41-5-1 to commit an offense listed in clauses (A) through (J).
            (L) Conspiracy under IC 35-41-5-2 to commit an offense listed in clauses (A) through (J).
            (M) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described under clauses (A) through (J);
        (15) is identified as a possible perpetrator of child abuse or neglect in an assessment conducted by the department of child services under IC 31-33-8; or
        (16) is:
            (A) a parent, guardian, or custodian of a child; or
            (B) an individual who is at least eighteen (18) years of age and resides in the home of the parent, guardian, or custodian;
        with whom the department of child services or a county probation department has a case plan, dispositional decree, or permanency plan approved under IC 31-34 or IC 31-37 that provides for reunification following an out-of-home placement.
However, limited criminal history information obtained from the National Crime Information Center may not be released under this section except to the extent permitted by the Attorney General of the United States.
    (b) A law enforcement agency shall allow inspection of a limited criminal history by and release a limited criminal history to the following noncriminal justice organizations:
        (1) Federally chartered or insured banking institutions.
        (2) Officials of state and local government for any of the following purposes:
            (A) Employment with a state or local governmental entity.
            (B) Licensing.
        (3) Segments of the securities industry identified under 15 U.S.C. 78q(f)(2).
    (c) Any person who knowingly or intentionally uses limited criminal history for any purpose not specified under this section commits a Class A misdemeanor.
    SECTION 167. IC 10-13-6-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. A person who knowingly or intentionally without lawful authority tampers with or attempts to tamper with any DNA sample or a container collected under section 10 of this chapter commits a Class D Level 6 felony.
    SECTION 168. IC 10-14-2-5, AS AMENDED BY P.L.2-2007, SECTION 148, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) For purposes of this section, "member of the military or public safety officer" means an individual who is any of the following:
        (1) A member of a fire department (as defined in IC 36-8-1-8).
        (2) An emergency medical service provider (as defined in IC 16-41-10-1).
        (3) A member of a police department (as defined in IC 36-8-1-9).
        (4) A correctional officer (as defined in IC 5-10-10-1.5).
        (5) A state police officer.
        (6) A county police officer.
        (7) A police reserve officer.
        (8) A county sheriff.
        (9) A deputy sheriff.
        (10) An excise police officer.
        (11) A conservation enforcement officer.
        (12) A town marshal.
        (13) A deputy town marshal.
        (14) A postsecondary educational institution police officer appointed under IC 21-17-5 or IC 21-39-4.
        (15) A probation officer.
        (16) A paramedic.
        (17) A volunteer firefighter (as defined in IC 36-8-12-2).
        (18) An emergency medical technician or a paramedic working in a volunteer capacity.
        (19) A member of the armed forces of the United States.
        (20) A member of the Indiana Air National Guard.
        (21) A member of the Indiana Army National Guard.
        (22) A member of a state or local emergency management agency.
        (23) A member of a consolidated law enforcement department established under IC 36-3-1-5.1.
         (24) A community corrections officer.
    (b) For purposes of this section, "dies in the line of duty" refers to

a death that occurs as a direct result of personal injury or illness resulting from any action that a member of the military or public safety officer, in the member of the military's or public safety officer's official capacity, is obligated or authorized by rule, regulation, condition of employment or services, or law to perform in the course of performing the member of the military's or public safety officer's duty.
    (c) If a member of the military or public safety officer dies in the line of duty, a state flag shall be presented to:
        (1) the surviving spouse;
        (2) the surviving children if there is no surviving spouse; or
        (3) the surviving parent or parents if there is no surviving spouse and there are no surviving children.
    (d) The agency shall administer this section.
    (e) The director may adopt rules under IC 4-22-2 to implement this section.
    SECTION 169. IC 10-18-1-38 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 38. It is a Class D Level 6 felony for a member of the commission or the architect, secretary, superintendent, or any other person in the employ of the commission to:
        (1) knowingly be interested in or derive any profit from any contract, employment, or purchase connected with the Indiana World War Memorial or with any action of the commission; or
        (2) knowingly be interested in any claim against the commission or the state growing out of the erection or maintenance of the Indiana World War Memorial;
other than for the compensation for their services or for their expenses as provided in this chapter.
    SECTION 170. IC 11-8-1-5.6, AS AMENDED BY P.L.220-2011, SECTION 242, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5.6. (a) "Community transition program commencement date" means the following:
        (1) Not earlier than sixty (60) days and not later than thirty (30) days before an offender's expected release date, if the most serious offense for which the person is committed is a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014).
        (2) Not earlier than ninety (90) days and not later than thirty (30) days before an offender's expected release date, if the most

serious offense for which the person is committed is a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014) and subdivision (3) does not apply.
        (3) Not earlier than one hundred twenty (120) days and not later than thirty (30) days before an offender's expected release date, if:
            (A) the most serious offense for which the person is committed is a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014);
            (B) all of the offenses for which the person was concurrently or consecutively sentenced are offenses under IC 16-42-19 or IC 35-48-4; and
            (C) none of the offenses for which the person was concurrently or consecutively sentenced are listed in IC 35-50-2-2(b)(4). nonsuspendible under IC 35-50-2-2.2.
        (4) Not earlier than one hundred twenty (120) days and not later than thirty (30) days before an offender's expected release date, if the most serious offense for which the person is committed is a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014) and subdivision (5) does not apply.
        (5) Not earlier than one hundred eighty (180) days and not later than thirty (30) days before an offender's expected release date, if:
            (A) the most serious offense for which the person is committed is a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014);
            (B) all of the offenses for which the person was concurrently or consecutively sentenced are offenses under IC 16-42-19 or IC 35-48-4; and
            (C) none of the offenses for which the person was concurrently or consecutively sentenced are listed in IC 35-50-2-2(b)(4). nonsuspendible under IC 35-50-2-2.2.
    (b) This subsection applies only to a person whose community transition program commencement date is less than forty-five (45) days after May 11, 2008, solely as a result of the amendment of subsection (a) by P.L.291-2001. The community transition program

commencement date for a person described by this subsection is June 26, 2001.
    SECTION 171. IC 11-8-8-4.5, AS AMENDED BY P.L.72-2012, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4.5. (a) Except as provided in section 22 of this chapter, as used in this chapter, "sex offender" means a person convicted of any of the following offenses:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4(b)).
        (5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).
        (6) Child solicitation (IC 35-42-4-6).
        (7) Child seduction (IC 35-42-4-7).
        (8) Sexual misconduct with a minor as a Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a crime committed after June 30, 2014) (IC 35-42-4-9), unless:
            (A) the person is convicted of sexual misconduct with a minor as a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014);
            (B) the person is not more than:
                (i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
                (ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and
            (C) the sentencing court finds that the person should not be required to register as a sex offender.
        (9) Incest (IC 35-46-1-3).
        (10) Sexual battery (IC 35-42-4-8).
        (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim's parent or guardian.
        (12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim's parent or guardian.
        (13) Possession of child pornography (IC 35-42-4-4(c)).


        (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 4 felony (for a crime committed after June 30, 2014).
        (15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the victim is less than eighteen (18) years of age.
        (16) Sexual trafficking of a minor (IC 35-42-3.5-1(c)).
        (17) Human trafficking (IC 35-42-3.5-1(d)(3)) if the victim is less than eighteen (18) years of age.
        (18) Sexual misconduct by a service provider with a detained child (IC 35-44-1-5(c)). (IC 35-44.1-3-10(c)).
        (19) An attempt or conspiracy to commit a crime listed in subdivisions (1) through (18).
        (20) A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through (19).
    (b) The term includes:
        (1) a person who is required to register as a sex offender in any jurisdiction; and
        (2) a child who has committed a delinquent act and who:
            (A) is at least fourteen (14) years of age;
            (B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in subsection (a) if committed by an adult; and
            (C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
    (c) In making a determination under subsection (b)(2)(C), the court shall consider expert testimony concerning whether a child is likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
    SECTION 172. IC 11-8-8-5, AS AMENDED BY P.L.1-2012, SECTION 3, AND AS AMENDED BY P.L.72-2012, SECTION 2, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) Except as provided in section 22 of this chapter, as used in this chapter, "sex or violent offender" means a person convicted of any of the following offenses:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4(b)).
        (5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).
        (6) Child solicitation (IC 35-42-4-6).
        (7) Child seduction (IC 35-42-4-7).
        (8) Sexual misconduct with a minor as a Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a crime committed after June 30, 2014) (IC 35-42-4-9), unless:
            (A) the person is convicted of sexual misconduct with a minor as a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014);
            (B) the person is not more than:
                (i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
                (ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and
            (C) the sentencing court finds that the person should not be required to register as a sex offender.
        (9) Incest (IC 35-46-1-3).
        (10) Sexual battery (IC 35-42-4-8).
        (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim's parent or guardian.
        (12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim's parent or guardian.
        (13) Possession of child pornography (IC 35-42-4-4(c)).
        (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 4 felony (for a crime committed after June 30, 2014).
        (15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the victim is less than eighteen (18) years of age.
        (16) Sexual trafficking of a minor (IC 35-42-3.5-1(b)). (IC 35-42-3.5-1(c)).
        (17) Human trafficking (IC 35-42-3.5-1(c)(3)) (IC 35-42-3.5-1(d)(3)) if the victim is less than eighteen (18) years of age.
        (18) Murder (IC 35-42-1-1).
        (19) Voluntary manslaughter (IC 35-42-1-3).
        (20) Sexual misconduct by a service provider with a detained child (IC 35-44-1-5(c)). (IC 35-44.1-3-10(c)).
        (20) (21) An attempt or conspiracy to commit a crime listed in subdivisions (1) through (19). (20).
        (21) (22)
A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through (20). (21).
    (b) The term includes:
        (1) a person who is required to register as a sex or violent offender in any jurisdiction; and
        (2) a child who has committed a delinquent act and who:
            (A) is at least fourteen (14) years of age;
            (B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in subsection (a) if committed by an adult; and
            (C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
    (c) In making a determination under subsection (b)(2)(C), the court shall consider expert testimony concerning whether a child is likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
    SECTION 173. IC 11-8-8-15, AS AMENDED BY P.L.216-2007, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 15. (a) A sex or violent offender who is a resident of Indiana shall obtain and keep in the sex or violent offender's possession:
        (1) a valid Indiana driver's license; or
        (2) a valid Indiana identification card (as described in IC 9-24-16).
    (b) A sex or violent offender required to register in Indiana who is

not a resident of Indiana shall obtain and keep in the sex or violent offender's possession:
        (1) a valid driver's license issued by the state in which the sex or violent offender resides; or
        (2) a valid state issued identification card issued by the state in which the sex or violent offender resides.
    (c) A person who knowingly or intentionally violates this section commits failure of a sex or violent offender to possess identification, a Class A misdemeanor. However, the offense is a Class D Level 6 felony if the person:
        (1) is a sexually violent predator; or
        (2) has a prior unrelated conviction:
            (A) under this section; or
            (B) based on the person's failure to comply with any requirement imposed on an offender under this chapter.
    (d) It is a defense to a prosecution under this section that:
        (1) the person has been unable to obtain a valid driver's license or state issued identification card because less than thirty (30) days have passed since the person's release from incarceration; or
        (2) the person possesses a driver's license or state issued identification card that expired not more than thirty (30) days before the date the person violated subsection (a) or (b).
    SECTION 174. IC 11-8-8-17, AS AMENDED BY P.L.216-2007, SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 17. (a) A sex or violent offender who knowingly or intentionally:
        (1) fails to register when required to register under this chapter;
        (2) fails to register in every location where the sex or violent offender is required to register under this chapter;
        (3) makes a material misstatement or omission while registering as a sex or violent offender under this chapter;
        (4) fails to register in person as required under this chapter; or
        (5) does not reside at the sex or violent offender's registered address or location;
commits a Class D Level 6 felony.
    (b) The offense described in subsection (a) is a Class C Level 5 felony if the sex or violent offender has a prior unrelated conviction for an offense:
        (1) under this section; or


        (2) based on the person's failure to comply with any requirement imposed on a sex or violent offender under this chapter or under IC 5-2-12 before its repeal.
    (c) It is not a defense to a prosecution under this section that the sex or violent offender was unable to pay the sex or violent offender registration fee or the sex or violent offender address change fee described under IC 36-2-13-5.6.
    SECTION 175. IC 11-8-8-18, AS AMENDED BY P.L.216-2007, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 18. (a) A sexually violent predator who will be absent from the sexually violent predator's principal residence for more than seventy-two (72) hours shall inform the local law enforcement authority in the county where the sexually violent predator's principal address is located, in person, of the following:
        (1) That the sexually violent predator will be absent from the sexually violent predator's principal residence for more than seventy-two (72) hours.
        (2) The location where the sexually violent predator will be located during the absence from the sexually violent predator's principal residence.
        (3) The length of time the sexually violent predator will be absent from the sexually violent predator's principal residence.
    (b) A sexually violent predator who will spend more than seventy-two (72) hours in a county in which the sexually violent predator is not required to register shall inform the local law enforcement authority in the county in which the sexually violent predator is not required to register, in person, of the following:
        (1) That the sexually violent predator will spend more than seventy-two (72) hours in the county.
        (2) The location where the sexually violent predator will be located while spending time in the county.
        (3) The length of time the sexually violent predator will remain in the county.
Upon request of the local law enforcement authority of the county in which the sexually violent predator is not required to register, the sexually violent predator shall provide the local law enforcement authority with any additional information that will assist the local law enforcement authority in determining the sexually violent predator's whereabouts during the sexually violent predator's stay in the county.
    (c) A sexually violent predator who knowingly or intentionally violates this section commits failure to notify, a Class A misdemeanor. However, the offense is a Class D Level 6 felony if the person has a prior unrelated conviction under this section based on the person's failure to comply with any requirement imposed on a sex or violent offender under this chapter.
    SECTION 176. IC 11-8-8-19, AS AMENDED BY P.L.114-2012, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19. (a) Except as provided in subsections (b) through (e), a sex or violent offender is required to register under this chapter until the expiration of ten (10) years after the date the sex or violent offender:
        (1) is released from a penal facility (as defined in IC 35-31.5-2-232) or a secure juvenile detention facility of a state or another jurisdiction;
        (2) is placed in a community transition program;
        (3) is placed in a community corrections program;
        (4) is placed on parole; or
        (5) is placed on probation;
for the sex or violent offense requiring registration, whichever occurs last. The registration period is tolled during any period that the sex or violent offender is incarcerated. The registration period does not restart if the offender is convicted of a subsequent offense. However, if the subsequent offense is a sex or violent offense, a new registration period may be imposed in accordance with this chapter. The department shall ensure that an offender who is no longer required to register as a sex or violent offender is notified that the obligation to register has expired.
    (b) A sex or violent offender who is a sexually violent predator is required to register for life.
    (c) A sex or violent offender who is convicted of at least one (1) offense under section 5(a) of this chapter that the sex or violent offender committed:
        (1) when the person was at least eighteen (18) years of age; and
        (2) against a victim who was less than twelve (12) years of age at the time of the crime;
is required to register for life.
    (d) A sex or violent offender who is convicted of at least one (1) offense under section 5(a) of this chapter in which the sex offender:
        (1) proximately caused serious bodily injury or death to the

victim;
        (2) used force or the threat of force against the victim or a member of the victim's family, unless the offense is sexual battery as a Class D felony (for an offense committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014); or
        (3) rendered the victim unconscious or otherwise incapable of giving voluntary consent;
is required to register for life.
    (e) A sex or violent offender who is convicted of at least two (2) unrelated offenses under section 5(a) of this chapter is required to register for life.
    (f) A person who is required to register as a sex or violent offender in any jurisdiction shall register for the period required by the other jurisdiction or the period described in this section, whichever is longer.
    SECTION 177. IC 11-10-11.5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) This section applies to a person if the most serious offense for which the person is committed is a Class C or Class D felony (for a crime committed before July 1, 2014) or Level 5 or Level 6 felony (for a crime committed after June 30, 2014).
    (b) Unless the department has received:
        (1) an order under IC 35-38-1-24; or
        (2) a warrant order of detainer seeking the transfer of the person to a county or another jurisdiction;
the department shall assign a person to a minimum security classification and place the person in a community transition program beginning with the community transition program commencement date designated by the department until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term.
    SECTION 178. IC 11-12-3.7-6, AS AMENDED BY P.L.126-2012, SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. As used in this chapter, "violent offense" means one (1) or more of the following offenses:
        (1) Murder (IC 35-42-1-1).
        (2) Attempted murder (IC 35-41-5-1).
        (3) Voluntary manslaughter (IC 35-42-1-3).
        (4) Involuntary manslaughter (IC 35-42-1-4).


        (5) Reckless homicide (IC 35-42-1-5).
        (6) Aggravated battery (IC 35-42-2-1.5).
        (7) Battery (IC 35-42-2-1) as a:
             (A) Class A felony, Class B felony, or Class C felony (for a crime committed before July 1, 2014); or
            (B) Level 2 felony, Level 3 felony, or Level 5 felony (for a crime committed after June 30, 2014).

        (8) Kidnapping (IC 35-42-3-2).
        (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that is a:
             (A) Class A felony, Class B felony, or Class C felony (for a crime committed before July 1, 2014); or
            (B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony (for a crime committed after June 30, 2014).

        (10) Sexual misconduct with a minor (IC 35-42-4-9) as a:
             (A) Class A felony or Class B felony (for a crime committed before July 1, 2014); or
            (B) Level 1 felony, Level 2 felony, or Level 4 felony (for a crime committed after June 30, 2014).

        (11) Incest (IC 35-46-1-3).
        (12) Robbery (IC 35-42-5-1) as a:
             (A) Class A felony or a Class B felony (IC 35-42-5-1). (for a crime committed before July 1, 2014); or
            (B) Level 2 felony or Level 3 felony (for a crime committed after June 30, 2014).

        (13) Burglary (IC 35-43-2-1) as a:
             (A) Class A felony or a Class B felony (IC 35-43-2-1). (for a crime committed before July 1, 2014); or
            (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (for a crime committed after June 30, 2014).

        (14) Carjacking (IC 35-42-5-2) (repealed).
        (15) Assisting a criminal (IC 35-44.1-2-5) as a:
             (A) Class C felony (IC 35-44.1-2-5). (for a crime committed before July 1, 2014); or
            (B) Level 5 felony (for a crime committed after June 30, 2014).

        (16) Escape (IC 35-44.1-3-4) as a:
             (A) Class B felony or Class C felony (for a crime committed

before July 1, 2014); or
            (B) Level 4 felony or Level 5 felony (for a crime committed after June 30, 2014).

        (17) Trafficking with an inmate (IC 35-44.1-3-5) as a:
             (A) Class C felony (IC 35-44.1-3-5). (for a crime committed before July 1, 2014); or
            (B) Level 5 felony (for a crime committed after June 30, 2014).

        (18) Causing death when operating a vehicle (IC 9-30-5-5).
        (19) Criminal confinement (IC 35-42-3-3) as a:
             (A) Class B felony (for a crime committed before July 1, 2014); or
            (B) Level 3 felony (for a crime committed after June 30, 2014).

        (20) Arson (IC 35-43-1-1) as a:
             (A) Class A or Class B felony (for a crime committed before July 1, 2014); or
            (B) Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014).

        (21) Possession, use, or manufacture of a weapon of mass destruction (IC 35-47-12-1).
        (22) Terroristic mischief (IC 35-47-12-3) as a:
             (A) Class B felony (for a crime committed before July 1, 2014); or
            (B) Level 4 felony (for a crime committed after June 30, 2014).

        (23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
        (24) A violation of IC 35-47.5 (controlled explosives) as a:
             (A) Class A or Class B felony (for a crime committed before July 1, 2014); or
            (B) Level 2 or Level 4 felony (for a crime committed after June 30, 2014).

        (25) A crime under the laws of another jurisdiction, including a military court, that is substantially similar to any of the offenses listed in this subdivision.
        (26) Any other crimes evidencing a propensity or history of violence.
    SECTION 179. IC 12-17.2-6-14, AS AMENDED BY P.L.124-2007, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2014]: Sec. 14. The A child care ministry must do the following:
        (1) Conduct a criminal history check of the child care ministry's employees and volunteers.
        (2) Refrain from employing, or allowing to serve as a volunteer, an individual who:
            (A) has been convicted of any of the following felonies:
                (i) Murder (IC 35-42-1-1).
                (ii) Causing suicide (IC 35-42-1-2).
                (iii) Assisting suicide (IC 35-42-1-2.5).
                (iv) Voluntary manslaughter (IC 35-42-1-3).
                (v) Reckless homicide (IC 35-42-1-5).
                (vi) Battery (IC 35-42-2-1).
                (vii) Aggravated battery (IC 35-42-2-1.5).
                (viii) Kidnapping (IC 35-42-3-2).
                (ix) Criminal confinement (IC 35-42-3-3).
                (x) A felony sex offense under IC 35-42-4.
                (xi) Carjacking (IC 35-42-5-2) (repealed) (for a crime committed before July 1, 2014).
                (xii) Arson (IC 35-43-1-1).
                (xiii) Incest (IC 35-46-1-3).
                (xiv) Neglect of a dependent (IC 35-46-1-4(a)(1) and IC 35-46-1-4(a)(2)).
                (xv) Child selling (IC 35-46-1-4(d)).
                (xvi) A felony involving a weapon under IC 35-47 or IC 35-47.5.
                (xvii) A felony relating to controlled substances under IC 35-48-4.
                (xviii) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3.
                (xix) A felony that is substantially equivalent to a felony listed in items (i) through (xviii) for which the conviction was entered in another state.
            (B) has been convicted of a misdemeanor related to the health or safety of a child; or
            (C) is a person against whom an allegation of child abuse or neglect has been substantiated under IC 31-33.
        (3) Maintain records of each criminal history check.
    SECTION 180. IC 12-20-1-4, AS AMENDED BY P.L.73-2005,

SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. (a) This section does not apply to an attorney who is admitted to practice law in Indiana.
    (b) A person who receives any item of value from an applicant or a recipient in connection with assisting that applicant or recipient in obtaining township assistance commits township assistance profiteering, a Class C misdemeanor.
    (c) A person who unfairly profits from the:
        (1) sale, lease, or rental of goods or shelter; or
        (2) provision of services;
to a township assistance recipient commits township assistance fraud, a Class D Level 6 felony. For purposes of this subsection, a person unfairly profits if the person receives payment from the township trustee for goods or services that the person does not provide or the person charges the township trustee more for the goods or services than the person would charge members of the public.
    (d) In addition to any other penalty imposed for a conviction under subsection (c), a person who is convicted of township assistance fraud is ineligible to participate in the township assistance program for thirty (30) years after the date of the conviction.
    SECTION 181. IC 12-23-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A drug abuser or an alcoholic charged with or convicted of a felony may request treatment under the supervision of the division and upon the consent of the authorities concerned as set forth in this chapter instead of prosecution or imprisonment, unless any of the following conditions exist:
        (1) The offense is a forcible felony or burglary classified as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014).
        (2) The defendant has a record that includes at least two (2) prior convictions for forcible felonies or a burglary classified as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014).
        (3) Other criminal proceedings, not arising out of the same incident, alleging commission of a felony are pending against the defendant.
        (4) The defendant is on probation or parole and the appropriate

parole or probation authority does not consent to the request.
        (5) The defendant was admitted to a treatment program under IC 12-23-7 or IC 12-23-8 on two (2) prior occasions within the preceding two (2) years.
    SECTION 182. IC 12-23-14-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 17. (a) The Indiana judicial center drug and alcohol programs fund is established for the purpose of administering, certifying, and supporting alcohol and drug services programs under this chapter. The fund shall be administered by the Indiana judicial center established by IC 33-38-9-4.
    (b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.
    (c) Money in the fund at the end of the fiscal year does not revert to the state general fund.
     (d) The Indiana judicial center may award a grant from the fund to a probation department or a community corrections program to increase substance abuse treatment access for individuals on probation or individuals placed in a community corrections program who are under court supervision and who have been diagnosed with a substance abuse disorder or co-occurring disorder.
    (e) To receive a grant under this section, a probation department or community corrections program and the agency that will be providing treatment if the grant is approved must submit an application to the Indiana judicial center:
        (1) on a form; and
        (2) in the manner;
prescribed by the Indiana judicial center.
    (f) The Indiana judicial center shall determine the amount of a grant awarded under this section in consultation with the division of mental health and addiction and the local probation department or community corrections program.
    (g) Mental health and substance abuse counseling provided by grants under this section must be contracted for with a certified mental health or addiction provider as determined by the division of mental health and addiction.

    SECTION 183. IC 12-24-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. To provide greater

security for patients, visitors, and employees, the division may not employ in a state institution an individual who has been convicted of any of the following offenses:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4).
        (5) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1 felony, Level 2 felony, or Level 4 felony (IC 35-42-4-9) (for a crime committed after June 30, 2014).
    SECTION 184. IC 12-32-1-7, AS ADDED BY P.L.171-2011, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. A person who knowingly or intentionally makes a false, fictitious, or fraudulent statement or representation in a verification required by this chapter commits a Class D Level 6 felony.
    SECTION 185. IC 13-18-13-31, AS ADDED BY P.L.137-2007, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 31. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for a loan or other financial assistance from the fund commits a Class D Level 6 felony.
    SECTION 186. IC 13-18-21-31, AS ADDED BY P.L.137-2007, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 31. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for a loan or other financial assistance from the fund commits a Class D Level 6 felony.
    SECTION 187. IC 13-19-5-17, AS ADDED BY P.L.137-2007, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 17. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for a loan or other financial assistance from the fund commits a Class D Level 6 felony.
    SECTION 188. IC 13-20-13-17, AS ADDED BY P.L.137-2007, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 17. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for a loan or grant from the fund

commits a Class D Level 6 felony.
    SECTION 189. IC 13-20-22-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19. A person who knowingly or intentionally fails to pay the fee to the department of state revenue under section 11 of this chapter commits a Class D Level 6 felony.
    SECTION 190. IC 13-20-22-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 20. (a) A person who, without authorization:
        (1) removes;
        (2) alters;
        (3) defaces; or
        (4) covers;
a sign posted by the department of state revenue under section 17 of this chapter commits a Class B misdemeanor. However, the offense is a Class D Level 6 felony if the offense is committed with the intent to evade the fee imposed by this chapter or to defraud the state.
    (b) An owner or operator of a final disposal facility shall notify the department of state revenue not later than two (2) days after discovering that a sign posted by the department has been removed, altered, defaced, or covered.
    (c) An owner or operator of a final disposal facility who fails to notify the department under subsection (b) commits a Class B misdemeanor.
    SECTION 191. IC 13-20-22-21, AS ADDED BY P.L.137-2007, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for a loan or grant from the fund commits a Class D Level 6 felony.
    SECTION 192. IC 13-23-7-9, AS ADDED BY P.L.137-2007, SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for financial assistance from the fund commits a Class D Level 6 felony.
    SECTION 193. IC 13-23-9-6, AS ADDED BY P.L.137-2007, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. A person who, with intent to defraud,

knowingly or intentionally makes a material misstatement in connection with a request for payment from the excess liability trust fund commits a Class D Level 6 felony.
    SECTION 194. IC 13-25-4-28, AS ADDED BY P.L.137-2007, SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 28. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for financial assistance from the fund commits a Class D Level 6 felony.
    SECTION 195. IC 13-29-1-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 14. A person who knowingly or intentionally commits any of the violations listed in section 3(o) of this chapter commits a Class D Level 6 felony. However, notwithstanding IC 35-50-2-7(a), a person who is convicted of a Class D Level 6 felony under this section may, in addition to the term of imprisonment established under IC 35-50-2-7(a), be fined not more than fifty thousand dollars ($50,000) for each day of violation.
    SECTION 196. IC 13-30-10-1.5, AS AMENDED BY P.L.57-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1.5. (a) Except as provided in subsection (b), a person regulated under IC 13-22 who knowingly does any of the following commits a Class B misdemeanor:
        (1) Transports hazardous waste to an unpermitted facility.
        (2) Treats, stores, or disposes of hazardous waste without a permit issued by the department.
        (3) Transports, treats, stores, disposes, recycles, or causes to be transported used oil regulated under 329 IAC 13 in violation of the standards established by the department for the management of used oil.
        (4) Makes a false material statement or representation in any label, manifest, record, report, or other document filed or maintained under the hazardous waste or used oil standards.
    (b) An offense under subsection (a) is a Class D Level 6 felony if the offense results in damage to the environment that renders the environment unfit for human or vertebrate animal life. An offense under subsection (a) is a Class C Level 5 felony if the offense results in the death of another person.
    (c) Before imposing sentence upon conviction of an offense under subsection (a) or (b), the court shall consider either or both of the

following factors, if found by the jury or if stipulated to by the parties in a plea agreement:
        (1) If the offense involves discharge of a contaminant into the environment, whether that discharge resulted in any or a combination of the following:
            (A) A substantial risk of serious bodily injury.
            (B) Serious bodily injury to an individual.
            (C) The death of a vertebrate animal.
            (D) Damage to the environment that:
                (i) renders the environment unfit for human or vertebrate animal life; or
                (ii) causes damage to an endangered, an at risk, or a threatened species.
        (2) Whether the person did not know and could not reasonably have been expected to know that the contaminant discharged into the environment was capable of causing a result described in subdivision (1).
    (d) Notwithstanding the maximum fine under IC 35-50-3-3, the court shall order a person convicted under subsection (a) to pay a fine of at least five thousand dollars ($5,000) per day for each violation and not more than twenty-five thousand dollars ($25,000) per day for each violation.
    (e) Notwithstanding the maximum fine under IC 35-50-2-6(a) or IC 35-50-2-7(a), the court shall order a person convicted under subsection (b) to pay:
        (1) a fine of at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000) for each day of violation; or
        (2) if the person has a prior unrelated conviction for an offense under this title that may be punished as a felony, a fine of at least five thousand dollars ($5,000) and not more than one hundred thousand dollars ($100,000) for each day of violation.
    (f) Except as provided in subsection (g), a person regulated under IC 13-17 who does any of the following commits a Class C misdemeanor:
        (1) Knowingly violates any applicable requirements of IC 13-17-4, IC 13-17-5, IC 13-17-6, IC 13-17-7, IC 13-17-8, IC 13-17-9, IC 13-17-10, or IC 13-17-13.
        (2) Knowingly violates any air pollution registration, construction, or operating permit condition issued by the department.


        (3) Knowingly violates any fee or filing requirement in IC 13-17.
        (4) Knowingly makes any false material statement, representation, or certification in any form, notice, or report required by an air pollution registration, construction, or operating permit issued by the department.
    (g) An offense under subsection (f) is a Class D Level 6 felony if the offense results in damage to the environment that renders the environment unfit for human or vertebrate animal life. An offense under subsection (f) is a Class C Level 5 felony if the offense results in the death of another person.
    (h) Before imposing sentence upon conviction of an offense under subsection (f) or (g), the court shall consider either or both of the following factors, if found by the jury or if stipulated to by the parties in a plea agreement:
        (1) If the offense involves discharge of a contaminant into the environment, whether that discharge resulted in any or a combination of the following:
            (A) A substantial risk of serious bodily injury.
            (B) Serious bodily injury to an individual.
            (C) The death of a vertebrate animal.
            (D) Damage to the environment that:
                (i) renders the environment unfit for human or vertebrate animal life; or
                (ii) causes damage to an endangered, an at risk, or a threatened species.
        (2) Whether the person did not know and could not reasonably have been expected to know that the contaminant discharged into the environment was capable of causing a result described in subdivision (1).
    (i) Notwithstanding the maximum fine under IC 35-50-3-4, the court shall order a person convicted under subsection (f) to pay a fine of at least five thousand dollars ($5,000) per day for each violation and not more than twenty-five thousand dollars ($25,000) per day for each violation.
    (j) Notwithstanding the maximum fine under IC 35-50-2-6(a) or IC 35-50-2-7(a), the court shall order a person convicted under subsection (g) to pay:
        (1) a fine of at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000) for each day of violation; or
        (2) if the person has a prior unrelated conviction for an offense under this title that may be punished as a felony, a fine of at least five thousand dollars ($5,000) and not more than one hundred thousand dollars ($100,000) for each day of violation.
    (k) Except as provided in subsection (l), a person regulated under IC 13-18 who does any of the following commits a Class C misdemeanor:
        (1) Willfully or recklessly violates any applicable standards or limitations of IC 13-18-3-2.4, IC 13-18-4-5, IC 13-18-8, IC 13-18-9, IC 13-18-10, IC 13-18-12, IC 13-18-14, IC 13-18-15, or IC 13-18-16.
        (2) Willfully or recklessly violates any National Pollutant Discharge Elimination System permit condition issued by the department under IC 13-18-19.
        (3) Willfully or recklessly violates any National Pollutant Discharge Elimination System Permit filing requirement.
        (4) Knowingly makes any false material statement, representation, or certification in any National Pollutant Discharge Elimination System Permit form or in any notice or report required by a National Pollutant Discharge Elimination System permit issued by the department.
    (l) An offense under subsection (k) is a Class D Level 6 felony if the offense results in damage to the environment that renders the environment unfit for human or vertebrate animal life. An offense under subsection (k) is a Class C Level 5 felony if the offense results in the death of another person.
    (m) Before imposing sentence upon conviction of an offense under subsection (k) or (l), the court shall consider any or a combination of the following factors, if found by the jury or if stipulated to by the parties in a plea agreement:
        (1) If the offense involves discharge of a contaminant into the environment, whether that discharge resulted in any or a combination of the following:
            (A) A substantial risk of serious bodily injury.
            (B) Serious bodily injury to an individual.
            (C) The death of a vertebrate animal.
            (D) Damage to the environment that:
                (i) renders the environment unfit for human or vertebrate animal life; or
                (ii) causes damage to an endangered, an at risk, or a threatened species.
        (2) Whether the person did not know and could not reasonably have been expected to know that the contaminant discharged into the environment was capable of causing a result described in subdivision (1).
        (3) Whether the discharge was the result of a combined sewer overflow and the person regulated had given notice of that fact to the department.
    (n) Notwithstanding the maximum fine under IC 35-50-3-4, the court shall order a person convicted under subsection (k)(1), (k)(2), or (k)(3) to pay a fine of at least five thousand dollars ($5,000) a day for each violation and not more than twenty-five thousand dollars ($25,000) a day for each violation.
    (o) Notwithstanding the maximum fine under IC 35-50-3-4, the court shall order a person convicted under subsection (k)(4) to pay a fine of at least five thousand dollars ($5,000) for each instance of violation and not more than ten thousand dollars ($10,000) for each instance of violation.
    (p) Notwithstanding the maximum fine under IC 35-50-2-6(a) or IC 35-50-2-7(a), the court shall order a person convicted under subsection (l) to pay:
        (1) a fine of at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000) for each day of violation; or
        (2) if the person has a prior unrelated conviction for an offense under this title that may be punished as a felony, a fine of at least five thousand dollars ($5,000) and not more than one hundred thousand dollars ($100,000) for each day of violation.
    (q) The penalties under this section apply regardless of whether a person uses electronic submissions or paper documents to accomplish the actions described in this section.
    SECTION 197. IC 13-30-10-5, AS ADDED BY P.L.137-2007, SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) A person who:
        (1) operates an underground storage tank and knowingly, intentionally, or recklessly violates:
            (A) the terms of a permit issued by the department that relates to the operation of an underground storage tank; or
            (B) an Indiana statute that relates to the operation of an

underground storage tank; and
        (2) discharges a contaminant into the environment, if the discharge results in:
            (A) a substantial risk of serious bodily injury;
            (B) serious bodily injury to an individual;
            (C) the death of a vertebrate animal; or
            (D) damage to the environment that renders the environment unfit for human or vertebrate animal life, or causes damage to an endangered, an at risk, or a threatened species;
commits a Class D Level 6 felony. However, the offense is a Class C Level 5 felony if it results in the death of another person.
    (b) It is a defense to a prosecution under this section that the person did not know and could not reasonably have been expected to know that the substance discharged into the environment was capable of causing a result described in subsection (a)(2).
    (c) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), or IC 35-50-3-2, the court may order a person convicted under this section to pay:
        (1) a fine of at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000) for each day of violation; or
        (2) if the person has a prior unrelated conviction for an offense under this title that may be punished as a felony, a fine of not more than one hundred thousand dollars ($100,000) for each day of violation.
In determining the amount of a fine imposed for a violation of this section, the court shall consider any improper economic benefit, including unjust enrichment, received by the defendant as a result of the unlawful conduct.
    SECTION 198. IC 13-30-10-6, AS ADDED BY P.L.137-2007, SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. (a) A person who:
        (1) knowingly or intentionally violates:
            (A) the terms of a permit issued under IC 13-18-22 that relates to state regulated wetlands; or
            (B) a statute that relates to state regulated wetlands; and
        (2) causes substantial harm to a state regulated wetland;
commits a Class D Level 6 felony.
    (b) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), or IC 35-50-3-2, the court may order a person convicted under this section

to pay:
        (1) a fine of at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000) for each day of violation; or
        (2) if the person has a prior unrelated conviction for an offense under this title that may be punished as a felony, a fine of not more than one hundred thousand dollars ($100,000) for each day of violation.
In determining the amount of a fine imposed for a violation of this section, the court shall consider any improper economic benefit, including unjust enrichment, received by the defendant as a result of the unlawful conduct.
    SECTION 199. IC 14-15-4-4, AS AMENDED BY P.L.40-2012, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A person who violates this chapter commits a Class C misdemeanor. However, the offense is:
        (1) a Class A misdemeanor if the accident or collision results in an injury to a person;
        (2) a Class D Level 6 felony if:
            (A) the accident or collision results in serious bodily injury to a person; or
            (B) within the five (5) years preceding the commission of the offense, the person had a previous conviction of any of the offenses listed in IC 9-30-10-4(a), IC 35-46-9-6, or IC 14-15-8-8 (before its repeal); or
        (3) a Class C Level 5 felony if the accident or collision results in the death of a person.
    SECTION 200. IC 14-21-1-26, AS AMENDED BY P.L.26-2008, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 26. (a) A person who disturbs the ground for the purpose of discovering, uncovering, or moving artifacts, burial objects, or human remains must do so in accordance with a plan approved by the department under section 25 of this chapter or under IC 14-3-3.4-14 (before its repeal).
    (b) A person who recklessly, knowingly, or intentionally violates this section commits the following:
        (1) A Class A misdemeanor, if the violation does not involve disturbing human remains.
        (2) A Class D Level 6 felony, if the violation involves disturbing human remains.


    SECTION 201. IC 14-21-1-26.5, AS AMENDED BY P.L.26-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 26.5. (a) Notwithstanding IC 23-14-44-1, this section does not apply to the following:
        (1) A public utility (as defined in IC 8-1-2-1(a)).
        (2) A corporation organized under IC 8-1-13.
        (3) A municipally owned utility (as defined in IC 8-1-2-1(h)).
        (4) A surface coal mining and reclamation operation permitted under IC 14-34.
    (b) Except as provided in this subsection and subsections (c) and (d), a person may not disturb the ground within one hundred (100) feet of a burial ground for the purpose of excavating or covering over the ground or erecting, altering, or repairing any structure without having a development plan approved by the department under section 25 of this chapter or in violation of a development plan approved by the department under section 25 of this chapter. The department must review the development plan as required by section 25(e) of this chapter.
    (c) A development plan:
        (1) must be approved if a person intends to:
            (A) excavate or cover over the ground; or
            (B) construct a new structure or alter or repair an existing structure;
        that would impact the burial ground or cemetery; and
        (2) is not required if a person intends to:
            (A) excavate or cover over the ground; or
            (B) erect, alter, or repair an existing structure;
        for an incidental or existing use that would not impact the burial ground or cemetery.
    (d) A development plan for a governmental entity to disturb ground within one hundred (100) feet of a burial ground must be approved as follows:
        (1) A development plan of a municipality requires approval of the executive of the municipality and does not require the approval of the department. However, if the burial ground or cemetery is located outside the municipality, approval is also required by the executive of the county where the burial ground or cemetery is located. A county cemetery commission established under IC 23-14-67-2 may advise the executive of the municipality on

whether to approve a development plan.
        (2) A development plan of a governmental entity other than:
            (A) a municipality; or
            (B) the state;
        requires the approval of the executive of the county where the governmental entity is located and does not require the approval of the department. However, if the governmental entity is located in more than one (1) county, only the approval of the executive of the county where the burial ground or cemetery is located is required. A county cemetery commission established under IC 23-14-67-2 may advise the county executive on whether to approve a development plan.
        (3) A development plan of the state requires the approval of the department.
    (e) If a burial ground is within an archeological site, an archeological plan is required to be part of the development plan.
    (f) A person who recklessly, knowingly, or intentionally violates this section commits a Class A misdemeanor. However, the offense is a Class D Level 6 felony if the person disturbs buried human remains or grave markers while committing the offense.
    SECTION 202. IC 14-21-1-28, AS AMENDED BY P.L.26-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 28. A person who recklessly, knowingly, or intentionally disturbs human remains or grave markers while moving, uncovering, or removing artifacts or burial objects either:
        (1) without a plan approved by the department under:
            (A) section 25 of this chapter; or
            (B) IC 14-3-3.4-14 (before its repeal); or
        (2) in violation of such a plan;
commits a Class D Level 6 felony.
    SECTION 203. IC 14-21-1-36, AS ADDED BY P.L.26-2008, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 36. A person who knowingly or intentionally receives, retains, or disposes of an artifact, a burial object, or human remains obtained in violation of this chapter commits possession of looted property, a Class D Level 6 felony. However, the offense is a Class C Level 5 felony if the fair market cost of carrying out a scientific archeological investigation of the area that was damaged to obtain the artifact, burial object, or human remains is at least one

hundred thousand dollars ($100,000).
    SECTION 204. IC 14-22-38-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. (a) As used in this section, "sell" includes barters, purchases, and offers to sell, barter, or purchase.
    (b) As used in this section, "ship" includes transporting, delivering for shipment or transport, and causing to be shipped or transported.
    (c) As used in this section, "wild animal" includes the following:
        (1) A living or dead wild animal.
        (2) A part of a living or dead wild animal.
    (d) A person who knowingly or intentionally sells or ships wild animals, nests, or eggs that:
        (1) are protected by law; and
        (2) have an aggregate market value of less than five hundred dollars ($500);
commits a Class C misdemeanor.
    (e) A person who knowingly or intentionally sells or ships wild animals, nests, or eggs that:
        (1) are protected by law; and
        (2) have an aggregate market value of at least five hundred dollars ($500) but less than five thousand dollars ($5,000);
commits a Class D Level 6 felony.
    (f) A person who knowingly or intentionally sells or ships wild animals, nests, or eggs that:
        (1) are protected by law; and
        (2) have an aggregate market value of at least five thousand dollars ($5,000);
commits a Class C Level 5 felony.
    SECTION 205. IC 14-37-13-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. (a) Except as provided in subsection (b), a person who knowingly violates this article commits a Class B misdemeanor. Each day a violation occurs is a separate offense.
    (b) A person who knowingly violates this article with respect to the operation of a Class II well commits a Class D Level 6 felony.
    SECTION 206. IC 15-12-1-38, AS ADDED BY P.L.2-2008, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 38. (a) If, upon receipt of a biennial report delivered under section 37 of this chapter, the secretary of state

determines or has reason to believe that the association filing the report is not disclosing the association's true financial condition or is violating this chapter, the secretary of state may require the association to disclose all material facts by:
        (1) submitting a verified audit bearing the certificate under oath of a qualified public accountant approved by the secretary of state;
        (2) replying to interrogatories; or
        (3) reporting under oath on any matters requested by the secretary of state.
    (b) An officer or a director of an association who knowingly distributes, publishes, or files with the secretary of state a written report, certificate, or statement of the condition or business of the association that is false in any material respect commits a Class D Level 6 felony.
    SECTION 207. IC 15-15-9-8, AS ADDED BY P.L.2-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. A person who intentionally or knowingly forges a certification or the identification of an agricultural product under this chapter commits a Class D Level 6 felony.
    SECTION 208. IC 15-17-5-25, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 25. A person who knowingly:
        (1) makes a false entry or statement of fact in a report required to be made under this chapter or in any account, record, or memorandum kept by a person subject to this chapter;
        (2) fails to make full, true, and correct entries in the accounts, records, or memoranda of all facts and transactions pertaining to the person's business;
        (3) removes out of Indiana or damages, alters, or falsifies documentary evidence of a person subject to this chapter; or
        (4) refuses to submit to the state veterinarian or board or to the state veterinarian's or board's authorized agent for the purpose of inspection and taking copies of documentary evidence of a person subject to this chapter in the person's possession or within the person's control;
commits a Class D Level 6 felony.
    SECTION 209. IC 15-17-5-30, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2014]: Sec. 30. A person who knowingly and forcibly resists, obstructs, or interferes with another person while the other person is engaged in or on account of the performance of the person's official duties under this chapter commits a Class D Level 6 felony. However, the offense is a Class C Level 5 felony if, while committing the offense, the person draws or uses a deadly weapon or inflicts bodily injury on any other person.
    SECTION 210. IC 15-17-5.5-4, AS ADDED BY P.L.120-2008, SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A person who knowingly or intentionally forges a grade or certification under this chapter commits a Class D Level 6 felony.
    SECTION 211. IC 15-17-14-11, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. (a) A person who knowingly or intentionally allows a scale to be used in a business transaction involving the purchase, sale, or exchange of livestock:
        (1) after the scale has been condemned; and
        (2) before it has been repaired to the satisfaction of the scale inspector;
commits a Class D Level 6 felony.
    (b) In addition to any criminal penalties imposed, a person who violates subsection (a) may be subject to a civil penalty of fifty dollars ($50) for each day the defective scale is used. If a civil penalty is assessed under this subsection and not paid, the prosecuting attorney of the county where the proceeding was brought may enforce the collection of the civil penalty. Civil penalties collected under this section must be deposited in the state general fund.
    SECTION 212. IC 15-17-16-9, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. A person who recklessly, knowingly, or intentionally engages in an activity without a license required for the activity under this article commits a Class D Level 6 felony.
    SECTION 213. IC 15-17-18-1, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person who knowingly or intentionally:
        (1) treats a bovine animal with a material, substance, or biologic to interfere with the brucellosis test or with a reaction to a brucellosis test;


        (2) fraudulently makes an animal react to a brucellosis test; or
        (3) interferes with the inspector who is making the test;
commits a Class D Level 6 felony.
    SECTION 214. IC 15-17-18-2, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. A person who knowingly or intentionally:
        (1) alters or changes an animal's official identification to conceal the identity of an animal;
        (2) interferes with the official identification of a diseased domestic animal;
        (3) removes, without permission of the board, except as provided in this article, any animal from a herd placed under quarantine; or
        (4) alters or changes the official identification of any domestic animal;
commits a Class D Level 6 felony.
    SECTION 215. IC 15-17-18-3, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person who knowingly or intentionally:
        (1) sells;
        (2) keeps, with intent to sell; or
        (3) disposes of to another person, with intent to conceal, except for immediate slaughter;
an animal classified as a reactor, or suspected of being affected with any disease as disclosed by a test recognized by the board, commits a Class D Level 6 felony.
    SECTION 216. IC 15-17-18-4, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A person who knowingly or intentionally:
        (1) delivers for transportation;
        (2) drives on foot;
        (3) removes from the premises where they are located; or
        (4) receives for transportation;
any cattle classified as a reactor or suspected of being affected with brucellosis as disclosed by a test recognized by the board, except for immediate slaughter or by special permit from the board, commits a Class D Level 6 felony.
    SECTION 217. IC 15-17-18-5, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. A person who knowingly or intentionally

transports a domestic animal identified as a reactor with other domestic animals, except where the other domestic animals are being transported for immediate slaughter, commits a Class D Level 6 felony.
    SECTION 218. IC 15-17-18-6, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. A person who knowingly or intentionally imports a domestic animal into Indiana without taking suitable precautions to prevent the introduction and spread of contagious or infectious disease, in conformance with the rules adopted by the board, commits a Class D Level 6 felony.
    SECTION 219. IC 15-17-18-7, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. A person who knowingly or intentionally moves, from the property on which the domestic animal is confined, a domestic animal that has an infectious or a contagious disease, except under rules adopted by the board, commits a Class D Level 6 felony.
    SECTION 220. IC 15-17-18-9, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. (a) This section does not apply to IC 15-17-5 or IC 15-18-1.
    (b) A person who knowingly or intentionally violates or fails to comply with this article commits a Class D Level 6 felony.
    (c) A person who knowingly or intentionally violates or fails to comply with a rule adopted under this article commits a Class A infraction.
    SECTION 221. IC 15-19-5-8, AS ADDED BY P.L.2-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. A person who intentionally or knowingly forges a certification or the identification of livestock, bovine semen, or embryos certified under this chapter commits a Class D Level 6 felony.
    SECTION 222. IC 15-19-6-19, AS ADDED BY P.L.2-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19. A person who, without permission of the owner, knowingly or intentionally applies a brand to livestock for the purpose of transferring ownership of that livestock commits a Class C Level 5 felony.
    SECTION 223. IC 15-19-6-20, AS ADDED BY P.L.2-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 20. A person who knowingly destroys or alters a

brand recorded with the board from livestock to conceal the identity of the owner of that livestock commits a Class C Level 5 felony.
    SECTION 224. IC 15-19-6-21, AS ADDED BY P.L.2-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. A person who knowingly sells or offers for sale livestock whose brand has been destroyed or altered for the purpose of concealing the identity of the owner of that livestock commits a Class C Level 5 felony.
    SECTION 225. IC 15-19-6-22, AS ADDED BY P.L.2-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 22. A person who knowingly purchases livestock whose brand has been destroyed or altered for the purpose of concealing the identity of the owner of that livestock commits a Class C Level 5 felony.
    SECTION 226. IC 15-20-1-4, AS ADDED BY P.L.2-2008, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. (a) Except as provided in subsection (b), the owner of a dog commits a Class C misdemeanor if:
        (1) the owner recklessly, knowingly, or intentionally fails to take reasonable steps to restrain the dog;
        (2) the dog enters property other than the property of the dog's owner; and
        (3) as the result of the owner's failure to restrain the dog, the dog bites or attacks another person without provocation, resulting in bodily injury to the other person.
    (b) The offense under subsection (a) is:
        (1) a Class B misdemeanor if the person has been convicted of one (1) previous unrelated violation of this section;
        (2) a Class A misdemeanor if:
            (A) the person has been convicted of more than one (1) previous unrelated violation of this section; or
            (B) the violation results in serious bodily injury to a person;
        (3) a Class D Level 6 felony if the owner recklessly violates this section and the violation results in the death of a person; and
        (4) a Class C Level 5 felony if the owner intentionally or knowingly violates this section and the violation results in the death of a person.
    (c) This subsection does not apply to a nonaggressive dog that goes beyond the owner's premises onto agricultural or forested land. An

owner of a dog commits a Class D infraction if the owner of the dog allows the dog to stray beyond the owner's premises, unless the dog is under the reasonable control of an individual or the dog is engaged in lawful hunting and accompanied by the owner or a custodian of the dog. However, the offense is a Class C infraction if the owner has a prior unrelated judgment for a violation of this subsection.
    SECTION 227. IC 15-20-1-5, AS ADDED BY P.L.2-2008, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) The following definitions apply throughout this section:
        (1) "Coydog" means:
            (A) an animal that is the offspring of a coyote and another animal; or
            (B) an animal that is the offspring of:
                (i) an animal that is the offspring of a coyote and another animal; and
                (ii) another animal.
        (2) "Secure enclosure" means an outdoor pen that is:
            (A) roofed or that has sides at least six (6) feet tall; and
            (B) constructed in such a manner that the type of animal contained within the pen cannot reasonably be expected to escape.
        (3) "Wolf hybrid" means:
            (A) an animal that is the offspring of a wolf and another animal; or
            (B) an animal that is the offspring of:
                (i) an animal that is the offspring of a wolf and another animal; and
                (ii) another animal.
    (b) An owner of a wolf hybrid or coydog shall:
        (1) keep the animal in a building or secure enclosure; or
        (2) keep the animal:
            (A) under the reasonable control of an individual; and
            (B) on a leash not more than eight (8) feet in length.
Subject to subsections (c) and (d), an owner who does not comply with this subsection commits a Class B infraction. An owner who merely tethers or chains a coydog or wolf hybrid does not comply with this subsection.
    (c) Subject to subsection (d), an owner of a wolf hybrid or coydog

commits a Class B misdemeanor if the owner recklessly, knowingly, or intentionally fails to comply with subsection (b) and:
        (1) the wolf hybrid or coydog enters property other than the property of the owner; and
        (2) the wolf hybrid or coydog causes damage to livestock or the personal property of another individual.
    (d) The offense under subsection (c) is:
        (1) a Class A misdemeanor if the owner has one (1) prior unrelated conviction under this section;
        (2) a Class D Level 6 felony if:
            (A) the owner has more than one (1) prior unrelated conviction for a violation under this section; or
            (B) the owner knowingly, intentionally, or recklessly fails to comply with subsection (b) and the failure to comply results in serious bodily injury to a person; and
        (3) a Class C Level 5 felony if the owner knowingly, intentionally, or recklessly fails to comply with subsection (b) and the failure to comply results in the death of a person.
    (e) Notwithstanding IC 36-1-3-8(a), a unit (as defined in IC 36-1-2-23) may adopt an ordinance:
        (1) prohibiting a person from possessing a wolf hybrid or coydog; or
        (2) imposing:
            (A) a penalty of more than one thousand dollars ($1,000) up to the limits prescribed in IC 36-1-3-8(a)(10)(B) for a violation of subsection (b); or
            (B) conditions on the possession of a wolf hybrid or coydog that are more stringent than the provisions of subsection (b).
    SECTION 228. IC 16-21-8-1, AS AMENDED BY P.L.41-2007, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) A hospital licensed under IC 16-21-2 that provides general medical and surgical hospital services shall provide forensic medical exams and additional forensic services to all alleged sex crime victims who apply for forensic medical exams and additional forensic services in relation to injuries or trauma resulting from the alleged sex crime. The provision of services may not be dependent on a victim's reporting to, or cooperating with, law enforcement.
    (b) For the purposes of this chapter, the following crimes are considered sex crimes:


        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (3) Child molesting (IC 35-42-4-3).
        (4) Vicarious sexual gratification (IC 35-42-4-5).
        (5) Sexual battery (IC 35-42-4-8).
        (6) Sexual misconduct with a minor (IC 35-42-4-9).
        (7) Child solicitation (IC 35-42-4-6).
        (8) Child seduction (IC 35-42-4-7).
        (9) Incest (IC 35-46-1-3).
    (c) Payment for services under this section shall be processed in accordance with rules adopted by the victim services division of the Indiana criminal justice institute.
    SECTION 229. IC 16-25-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) A person may not own or operate a hospice program if the person has:
        (1) been convicted of rape (IC 35-42-4-1);
        (2) been convicted of criminal deviate conduct (IC 35-42-4-2) (repealed);
        (3) been convicted of exploitation of a dependent or an endangered adult (IC 35-46-1-12);
        (4) had a judgment entered against the person for failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13); or
        (5) been convicted of theft (IC 35-43-4), if the person's conviction for theft occurred less than ten (10) years before the date of submission by the person of an application for licensure or approval as a hospice program under IC 16-25-3.
    (b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.
    SECTION 230. IC 16-25-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) Except as provided in subsection (b), a person who owns or operates a hospice program may not employ an individual or allow a volunteer to provide hospice services if that individual's or volunteer's limited criminal history indicates that the individual or volunteer has:
        (1) been convicted of rape (IC 35-42-4-1);
        (2) been convicted of criminal deviate conduct (IC 35-42-4-2) (repealed);
        (3) been convicted of exploitation of an endangered adult

(IC 35-46-1-12);
        (4) had a judgment entered against the individual for failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13); or
        (5) been convicted of theft (IC 35-43-4), if the conviction for theft occurred less than ten (10) years before the individual's employment application date.
    (b) A hospice program may not employ an individual or allow a volunteer to provide hospice services for more than twenty-one (21) calendar days without receipt of that individual's or volunteer's limited criminal history required by section 2 of this chapter, unless the Indiana central repository for criminal history information under IC 10-13-3 is solely responsible for failing to provide the individual's or volunteer's limited criminal history to the hospice program within the time required under this subsection.
    SECTION 231. IC 16-27-2-3, AS AMENDED BY P.L.212-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) A person may not operate a home health agency or a personal services agency if the person has been convicted of any of the following:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (3) Exploitation of an endangered adult (IC 35-46-1-12).
        (4) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).
        (5) Theft (IC 35-43-4), if the person's conviction for theft occurred less than ten (10) years before the date of submission by the person of an application for licensure as a home health agency under IC 16-27-1 or as a personal services agency under IC 16-27-4.
    (b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.
    SECTION 232. IC 16-27-2-5, AS AMENDED BY P.L.84-2010, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) Except as provided in subsection (b), a person who operates a home health agency under IC 16-27-1 or a personal services agency under IC 16-27-4 may not employ a person to provide services in a patient's or client's temporary or permanent residence if that person's limited criminal history, national criminal

history background check, or expanded criminal history check indicates that the person has been convicted of any of the following:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (3) Exploitation of an endangered adult (IC 35-46-1-12).
        (4) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).
        (5) Theft (IC 35-43-4), if the conviction for theft occurred less than ten (10) years before the person's employment application date.
        (6) A felony that is substantially equivalent to a felony listed in:
            (A) subdivisions (1) through (4); or
            (B) subdivision (5), if the conviction for theft occurred less than ten (10) years before the person's employment application date;
        for which the conviction was entered in another state.
    (b) A home health agency or personal services agency may not employ a person to provide services in a patient's or client's temporary or permanent residence for more than twenty-one (21) calendar days without receipt of that person's limited criminal history, national criminal history background check, or expanded criminal history check, required by section 4 of this chapter, unless the state police department, the Federal Bureau of Investigation under IC 10-13-3-39, or the private agency providing the expanded criminal history check is responsible for failing to provide the person's limited criminal history, national criminal history background check, or expanded criminal history check to the home health agency or personal services agency within the time required under this subsection.
    SECTION 233. IC 16-28-9-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A person who intentionally destroys or falsifies records of the breach of any provision of this article commits a Class D Level 6 felony.
    SECTION 234. IC 16-31-3-14, AS AMENDED BY P.L.77-2012, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 14. (a) A person holding a certificate or license issued under this article must comply with the applicable standards and rules established under this article. A certificate holder or license holder is subject to disciplinary sanctions under subsection (b) if the department of homeland security determines that the certificate holder

or license holder:
        (1) engaged in or knowingly cooperated in fraud or material deception in order to obtain a certificate or license, including cheating on a certification or licensure examination;
        (2) engaged in fraud or material deception in the course of professional services or activities;
        (3) advertised services or goods in a false or misleading manner;
        (4) falsified or knowingly allowed another person to falsify attendance records or certificates of completion of continuing education courses required under this article or rules adopted under this article;
        (5) is convicted of a crime, if the act that resulted in the conviction has a direct bearing on determining if the certificate holder or license holder should be entrusted to provide emergency medical services;
        (6) is convicted of violating IC 9-19-14.5;
        (7) fails to comply and maintain compliance with or violates any applicable provision, standard, or other requirement of this article or rules adopted under this article;
        (8) continues to practice if the certificate holder or license holder becomes unfit to practice due to:
            (A) professional incompetence that includes the undertaking of professional activities that the certificate holder or license holder is not qualified by training or experience to undertake;
            (B) failure to keep abreast of current professional theory or practice;
            (C) physical or mental disability; or
            (D) addiction to, abuse of, or dependency on alcohol or other drugs that endanger the public by impairing the certificate holder's or license holder's ability to practice safely;
        (9) engages in a course of lewd or immoral conduct in connection with the delivery of services to the public;
        (10) allows the certificate holder's or license holder's name or a certificate or license issued under this article to be used in connection with a person who renders services beyond the scope of that person's training, experience, or competence;
        (11) is subjected to disciplinary action in another state or jurisdiction on grounds similar to those contained in this chapter. For purposes of this subdivision, a certified copy of a record of

disciplinary action constitutes prima facie evidence of a disciplinary action in another jurisdiction;
        (12) assists another person in committing an act that would constitute a ground for disciplinary sanction under this chapter; or
        (13) allows a certificate or license issued by the commission to be:
            (A) used by another person; or
            (B) displayed to the public when the certificate or license is expired, inactive, invalid, revoked, or suspended.
    (b) The department of homeland security may issue an order under IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if the department of homeland security determines that a certificate holder or license holder is subject to disciplinary sanctions under subsection (a):
        (1) Revocation of a certificate holder's certificate or license holder's license for a period not to exceed seven (7) years.
        (2) Suspension of a certificate holder's certificate or license holder's license for a period not to exceed seven (7) years.
        (3) Censure of a certificate holder or license holder.
        (4) Issuance of a letter of reprimand.
        (5) Assessment of a civil penalty against the certificate holder or license holder in accordance with the following:
            (A) The civil penalty may not exceed five hundred dollars ($500) per day per violation.
            (B) If the certificate holder or license holder fails to pay the civil penalty within the time specified by the department of homeland security, the department of homeland security may suspend the certificate holder's certificate or license holder's license without additional proceedings.
        (6) Placement of a certificate holder or license holder on probation status and requirement of the certificate holder or license holder to:
            (A) report regularly to the department of homeland security upon the matters that are the basis of probation;
            (B) limit practice to those areas prescribed by the department of homeland security;
            (C) continue or renew professional education approved by the department of homeland security until a satisfactory degree of

skill has been attained in those areas that are the basis of the probation; or
            (D) perform or refrain from performing any acts, including community restitution or service without compensation, that the department of homeland security considers appropriate to the public interest or to the rehabilitation or treatment of the certificate holder or license holder.
        The department of homeland security may withdraw or modify this probation if the department of homeland security finds after a hearing that the deficiency that required disciplinary action is remedied or that changed circumstances warrant a modification of the order.
    (c) If an applicant or a certificate holder or license holder has engaged in or knowingly cooperated in fraud or material deception to obtain a certificate or license, including cheating on the certification or licensure examination, the department of homeland security may rescind the certificate or license if it has been granted, void the examination or other fraudulent or deceptive material, and prohibit the applicant from reapplying for the certificate or license for a length of time established by the department of homeland security.
    (d) The department of homeland security may deny certification or licensure to an applicant who would be subject to disciplinary sanctions under subsection (b) if that person were a certificate holder or license holder, has had disciplinary action taken against the applicant or the applicant's certificate or license to practice in another state or jurisdiction, or has practiced without a certificate or license in violation of the law. A certified copy of the record of disciplinary action is conclusive evidence of the other jurisdiction's disciplinary action.
    (e) The department of homeland security may order a certificate holder or license holder to submit to a reasonable physical or mental examination if the certificate holder's or license holder's physical or mental capacity to practice safely and competently is at issue in a disciplinary proceeding. Failure to comply with a department of homeland security order to submit to a physical or mental examination makes a certificate holder or license holder liable to temporary suspension under subsection (i).
    (f) Except as provided under subsection (a), subsection (g), and section 14.5 of this chapter, a certificate or license may not be denied, revoked, or suspended because the applicant, certificate holder, or

license holder has been convicted of an offense. The acts from which the applicant's, certificate holder's, or license holder's conviction resulted may be considered as to whether the applicant or certificate holder or license holder should be entrusted to serve the public in a specific capacity.
    (g) The department of homeland security may deny, suspend, or revoke a certificate or license issued under this article if the individual who holds or is applying for the certificate or license is convicted of any of the following:
        (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
        (2) Possession of methamphetamine under IC 35-48-4-6.1.
        (3) Possession of a controlled substance under IC 35-48-4-7(a).
        (4) Fraudulently obtaining a controlled substance under IC 35-48-4-7(b). IC 35-48-4-7(c).
        (5) Manufacture of paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.1(b).
        (6) Dealing in paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.5(b).
        (7) Possession of paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.3(b).
        (8) Possession of marijuana, hash oil, hashish, salvia, or a synthetic drug as a Class D felony (for a crime committed before July 1, 2014) or Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-11.
        (9) Maintaining a common nuisance under IC 35-48-4-13.
        (10) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
        (11) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (10).
        (12) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (10).
        (13) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described by subdivisions (1) through (12).
    (h) A decision of the department of homeland security under

subsections (b) through (g) may be appealed to the commission under IC 4-21.5-3-7.
    (i) The department of homeland security may temporarily suspend a certificate holder's certificate or license holder's license under IC 4-21.5-4 before a final adjudication or during the appeals process if the department of homeland security finds that a certificate holder or license holder would represent a clear and immediate danger to the public's health, safety, or property if the certificate holder or license holder were allowed to continue to practice.
    (j) On receipt of a complaint or information alleging that a person certified or licensed under this chapter or IC 16-31-3.5 has engaged in or is engaging in a practice that is subject to disciplinary sanctions under this chapter, the department of homeland security must initiate an investigation against the person.
    (k) The department of homeland security shall conduct a factfinding investigation as the department of homeland security considers proper in relation to the complaint.
    (l) The department of homeland security may reinstate a certificate or license that has been suspended under this section if the department of homeland security is satisfied that the applicant is able to practice with reasonable skill, competency, and safety to the public. As a condition of reinstatement, the department of homeland security may impose disciplinary or corrective measures authorized under this chapter.
    (m) The department of homeland security may not reinstate a certificate or license that has been revoked under this chapter.
    (n) The department of homeland security must be consistent in the application of sanctions authorized in this chapter. Significant departures from prior decisions involving similar conduct must be explained in the department of homeland security's findings or orders.
    (o) A certificate holder may not surrender the certificate holder's certificate, and a license holder may not surrender the license holder's license, without the written approval of the department of homeland security, and the department of homeland security may impose any conditions appropriate to the surrender or reinstatement of a surrendered certificate or license.
    (p) For purposes of this section, "certificate holder" means a person who holds:
        (1) an unlimited certificate;


        (2) a limited or probationary certificate; or
        (3) an inactive certificate.
    (q) For purposes of this section, "license holder" means a person who holds:
        (1) an unlimited license;
        (2) a limited or probationary license; or
        (3) an inactive license.
    SECTION 235. IC 16-34-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. (a) Except as provided in subsections (b) and (c), a person who knowingly or intentionally performs an abortion not expressly provided for in this chapter commits a Class C Level 5 felony.
    (b) A physician who performs an abortion intentionally or knowingly in violation of section 1(a)(1)(C) or 4 of this chapter commits a Class A misdemeanor.
    (c) A person who knowingly or intentionally performs an abortion in violation of section 1.1 of this chapter commits a Class A infraction.
    (d) A woman upon whom a partial birth abortion is performed may not be prosecuted for violating or conspiring to violate section 1(b) of this chapter.
    SECTION 236. IC 16-36-4-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 15. A person who knowingly or intentionally:
        (1) physically cancels or destroys a living will declaration or a life prolonging procedures will declaration without the declarant's consent; or
        (2) falsifies or forges a revocation of another person's living will declaration or life prolonging procedures will declaration;
commits a Class D Level 6 felony.
    SECTION 237. IC 16-36-4-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 16. A person who knowingly or intentionally:
        (1) falsifies or forges the living will declaration of another person with intent to cause withholding or withdrawal of life prolonging procedures; or
        (2) conceals or withholds personal knowledge of the revocation of a living will declaration with intent to cause a withholding or withdrawal of life prolonging procedures;
commits a Class C Level 5 felony.
    SECTION 238. IC 16-36-5-28 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 28. (a) A person who knowingly or intentionally:
        (1) falsifies or forges the out of hospital DNR declaration and order of another person with intent to cause the withholding or withdrawal of CPR; or
        (2) conceals or withholds personal knowledge of the revocation of an out of hospital DNR declaration and order with intent to cause the withholding or withdrawal of CPR;
commits a Class C Level 5 felony.
    (b) A person who commits an offense described in this section is subject to IC 29-1-2-12.1.
    SECTION 239. IC 16-37-1-12, AS AMENDED BY P.L.41-2008, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. A person who, with intent to defraud:
        (1) makes a false or fraudulent statement in applying to a local health officer or to the state registrar for a certified copy of a birth certificate;
        (2) makes a false or fraudulent statement in applying to the state registrar for permission to inspect public birth records held by the state registrar;
        (3) alters, counterfeits, or mutilates a certified copy of a birth certificate issued by a local health officer or by the state registrar; or
        (4) uses an altered, a counterfeit, or a mutilated certified copy of a birth certificate;
commits a Class D Level 6 felony.
    SECTION 240. IC 16-41-7-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) Except as provided in IC 35-42-1-9, IC 35-45-21-3, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor.
    (b) Each day a violation continues constitutes a separate offense.
    SECTION 241. IC 16-41-8-1, AS AMENDED BY P.L.114-2012, SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) As used in this chapter, "potentially disease transmitting offense" means any of the following:
        (1) Battery by body waste (IC 35-42-2-6). (IC 35-42-2-1(b)(2)).
        (2) An offense relating to a criminal sexual act (as defined in

IC 35-31.5-2-216), if sexual intercourse or deviate other sexual conduct (as defined in IC 35-31.5-2-221.5) occurred.
The term includes an attempt to commit an offense, if sexual intercourse or deviate other sexual conduct (as defined in IC 35-31.5-2-221.5) occurred, and a delinquent act that would be a crime if committed by an adult.
    (b) Except as provided in this chapter, a person may not disclose or be compelled to disclose medical or epidemiological information involving a communicable disease or other disease that is a danger to health (as defined under rules adopted under IC 16-41-2-1). This information may not be released or made public upon subpoena or otherwise, except under the following circumstances:
        (1) Release may be made of medical or epidemiologic information for statistical purposes if done in a manner that does not identify an individual.
        (2) Release may be made of medical or epidemiologic information with the written consent of all individuals identified in the information released.
        (3) Release may be made of medical or epidemiologic information to the extent necessary to enforce public health laws, laws described in IC 31-37-19-4 through IC 31-37-19-6, IC 31-37-19-9 through IC 31-37-19-10, IC 31-37-19-12 through IC 31-37-19-23, IC 35-38-1-7.1, and IC 35-42-1-7, IC 35-45-21-1 or to protect the health or life of a named party.
        (4) Release may be made of the medical information of a person in accordance with this chapter.
    (c) Except as provided in this chapter, a person responsible for recording, reporting, or maintaining information required to be reported under IC 16-41-2 who recklessly, knowingly, or intentionally discloses or fails to protect medical or epidemiologic information classified as confidential under this section commits a Class A misdemeanor.
    (d) In addition to subsection (c), a public employee who violates this section is subject to discharge or other disciplinary action under the personnel rules of the agency that employs the employee.
    (e) Release shall be made of the medical records concerning an individual to:
        (1) the individual;
        (2) a person authorized in writing by the individual to receive the medical records; or


        (3) a coroner under IC 36-2-14-21.
    (f) An individual may voluntarily disclose information about the individual's communicable disease.
    (g) The provisions of this section regarding confidentiality apply to information obtained under IC 16-41-1 through IC 16-41-16.
    SECTION 242. IC 16-41-8-5, AS AMENDED BY P.L.94-2010, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) This section does not apply to medical testing of an individual for whom an indictment or information is filed for a sex crime and for whom a request to have the individual tested under section 6 of this chapter is filed.
    (b) The following definitions apply throughout this section:
        (1) "Bodily fluid" means blood, human waste, or any other bodily fluid.
        (2) "Dangerous disease" means any of the following:
            (A) Chancroid.
            (B) Chlamydia.
            (C) Gonorrhea.
            (D) Hepatitis.
            (E) Human immunodeficiency virus (HIV).
            (F) Lymphogranuloma venereum.
            (G) Syphilis.
            (H) Tuberculosis.
        (3) "Offense involving the transmission of a bodily fluid" means any offense (including a delinquent act that would be a crime if committed by an adult) in which a bodily fluid is transmitted from the defendant to the victim in connection with the commission of the offense.
    (c) This subsection applies only to a defendant who has been charged with a potentially disease transmitting offense. At the request of an alleged victim of the offense, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), the prosecuting attorney shall petition a court to order a defendant charged with the commission of a potentially disease transmitting offense to submit to a screening test to determine whether the defendant is infected with a dangerous disease. In the petition, the prosecuting attorney must set forth information demonstrating that the defendant has committed a

potentially disease transmitting offense. The court shall set the matter for hearing not later than forty-eight (48) hours after the prosecuting attorney files a petition under this subsection. The alleged victim, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, and the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2) are entitled to receive notice of the hearing and are entitled to attend the hearing. The defendant and the defendant's counsel are entitled to receive notice of the hearing and are entitled to attend the hearing. If, following the hearing, the court finds probable cause to believe that the defendant has committed a potentially disease transmitting offense, the court may order the defendant to submit to a screening test for one (1) or more dangerous diseases. If the defendant is charged with committing battery by body waste (IC 35-42-2-6), (IC 35-42-2-1(b)(2)), the court may limit testing under this subsection to a test only for human immunodeficiency virus (HIV). However, the court may order additional testing for human immunodeficiency virus (HIV) as may be medically appropriate. The court shall take actions to ensure the confidentiality of evidence introduced at the hearing.
    (d) This subsection applies only to a defendant who has been charged with an offense involving the transmission of a bodily fluid. At the request of an alleged victim of the offense, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), the prosecuting attorney shall petition a court to order a defendant charged with the commission of an offense involving the transmission of a bodily fluid to submit to a screening test to determine whether the defendant is infected with a dangerous disease. In the petition, the prosecuting attorney must set forth information demonstrating that:
        (1) the defendant has committed an offense; and
        (2) a bodily fluid was transmitted from the defendant to the victim in connection with the commission of the offense.
The court shall set the matter for hearing not later than forty-eight (48) hours after the prosecuting attorney files a petition under this subsection. The alleged victim of the offense, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, and the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2) are entitled to receive

notice of the hearing and are entitled to attend the hearing. The defendant and the defendant's counsel are entitled to receive notice of the hearing and are entitled to attend the hearing. If, following the hearing, the court finds probable cause to believe that the defendant has committed an offense and that a bodily fluid was transmitted from the defendant to the alleged victim in connection with the commission of the offense, the court may order the defendant to submit to a screening test for one (1) or more dangerous diseases. If the defendant is charged with committing battery by body waste (IC 35-42-2-6), (IC 35-42-2-1(b)(2)), the court may limit testing under this subsection to a test only for human immunodeficiency virus (HIV). However, the court may order additional testing for human immunodeficiency virus (HIV) as may be medically appropriate. The court shall take actions to ensure the confidentiality of evidence introduced at the hearing.
    (e) The testimonial privileges applying to communication between a husband and wife and between a health care provider and the health care provider's patient are not sufficient grounds for not testifying or providing other information at a hearing conducted in accordance with this section.
    (f) A health care provider (as defined in IC 16-18-2-163) who discloses information that must be disclosed to comply with this section is immune from civil and criminal liability under Indiana statutes that protect patient privacy and confidentiality.
    (g) The results of a screening test conducted under this section shall be kept confidential if the defendant ordered to submit to the screening test under this section has not been convicted of the potentially disease transmitting offense or offense involving the transmission of a bodily fluid with which the defendant is charged. The results may not be made available to any person or public or private agency other than the following:
        (1) The defendant and the defendant's counsel.
        (2) The prosecuting attorney.
        (3) The department of correction or the penal facility, juvenile detention facility, or secure private facility where the defendant is housed.
        (4) The alleged victim or the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), and the alleged

victim's counsel.
The results of a screening test conducted under this section may not be admitted against a defendant in a criminal proceeding or against a child in a juvenile delinquency proceeding.
    (h) As soon as practicable after a screening test ordered under this section has been conducted, the alleged victim or the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), and the victim's counsel shall be notified of the results of the test.
    (i) An alleged victim may disclose the results of a screening test to which a defendant is ordered to submit under this section to an individual or organization to protect the health and safety of or to seek compensation for:
        (1) the alleged victim;
        (2) the alleged victim's sexual partner; or
        (3) the alleged victim's family.
    (j) The court shall order a petition filed and any order entered under this section sealed.
    (k) A person that knowingly or intentionally:
        (1) receives notification or disclosure of the results of a screening test under this section; and
        (2) discloses the results of the screening test in violation of this section;
commits a Class B misdemeanor.
    SECTION 243. IC 16-41-12-15, AS AMENDED BY P.L.59-2012, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 15. (a) A blood center shall require a blood donor to provide to the blood center the following information:
        (1) Name.
        (2) Address.
        (3) Date of birth.
    (b) A blood center shall request a blood donor to provide the blood donor's Social Security number.
    (c) A blood center shall report the name and address of a blood donor to the state department when a confirmatory test of the blood donor's blood confirms the presence of antibodies to the human immunodeficiency virus (HIV).
    (d) A blood center shall provide to a blood donor information to

enable the blood donor to give informed consent to the procedures required by this chapter or IC 16-36. The information required by this subsection must be in the following form:

NOTICE

        (1) This blood center performs a screening test for the human immunodeficiency virus (HIV) on every donor's blood.
        (2) This blood center reports to the state department of health the name and address of a blood donor when a confirmatory test of the blood donor's blood confirms the presence of antibodies to the human immunodeficiency virus (HIV).
        (3) A person who recklessly, knowingly, or intentionally donates (excluding self-donations for stem cell transplantation), sells, or transfers blood or a blood component that contains antibodies for the human immunodeficiency virus (HIV) commits transferring contaminated blood, a Class C Level 5 felony. The offense is a Class A Level 4 felony if the offense results in the transmission of the virus to another person.
    SECTION 244. IC 16-41-14-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 13. A practitioner shall provide information to a semen donor to enable the semen donor to give informed consent to the procedures required by this chapter. The information required by this section must be in the following form:
NOTICE

        (1) This facility performs a screening test for the human immunodeficiency virus (HIV) on every donor's blood.
        (2) This facility reports to the state department of health the name and address of a semen donor or recipient when a confirmatory test of the semen donor's blood or the recipient's blood confirms the presence of antibodies to the human immunodeficiency virus (HIV).
        (3) A person who, for the purpose of artificial insemination, recklessly, knowingly, or intentionally donates, sells, or transfers semen that contains antibodies for the human immunodeficiency virus (HIV) commits transferring contaminated semen, a Class C Level 5 felony. The offense is a Class A Level 4 felony if the offense results in the transmission of the virus to another person.
    SECTION 245. IC 16-41-14-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 17. (a) This section does not apply to a person who transfers for research purposes semen

that contains antibodies for the human immunodeficiency virus (HIV).
    (b) A person who, for the purpose of artificial insemination, recklessly, knowingly, or intentionally donates, sells, or transfers semen that contains antibodies for the human immunodeficiency virus (HIV) commits transferring contaminated semen, a Class C Level 5 felony. The offense is a Class A Level 4 felony if the offense results in the transmission of the virus to another person.
    SECTION 246. IC 16-41-22-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 21. A person who knowingly violates section 5 of this chapter or violates a condition on which the person is granted a license commits a Class D Level 6 felony.
    SECTION 247. IC 16-42-1-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 16. (a) A person may not engage in any of the following acts:
        (1) The sale in intrastate commerce of a food, drug, device, or cosmetic that is adulterated or misbranded.
        (2) The adulteration or misbranding of a food, drug, device, or cosmetic in intrastate commerce.
        (3) The receipt in intrastate commerce of a food, drug, device, or cosmetic that is adulterated or misbranded, and the sale of those items in intrastate commerce for pay or otherwise.
        (4) The sale of any article in violation of IC 16-42-1-6, section 6 of this chapter, IC 16-42-3-7, IC 16-42-3-8, IC 16-42-3-9, or IC 16-42-3-10.
        (5) The refusal to permit access to or copying of any record as required by section 12 of this chapter.
        (6) The refusal to permit entry or inspection and collecting of samples as authorized by section 10 or 13 of this chapter.
        (7) The use, without proper authority, of any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this chapter or IC 16-42-2 through IC 16-42-4.
        (8) The use by any person to the person's own advantage, or the revelation, other than to the state health commissioner or the state health commissioner's authorized representative or to the courts when relevant in any judicial proceeding, any information acquired under authority of section 13 of this chapter or IC 16-42-3-7 through IC 16-42-3-10 concerning any method or

process that as a trade secret is entitled to protection.
        (9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic if the act is done while the article is held for sale and results in the article being misbranded.
        (10) The use on the labeling of any drug or in any advertising relating to the drug of any representation or suggestion that an application with respect to the drug is effective under IC 16-42-3-7 and IC 16-42-3-8 unless the drug complies with those sections.
        (11) The removal or disposal of a detained or embargoed article in violation of this chapter.
        (12) The giving of a guaranty or undertaking in intrastate commerce referred to in subsection (c) that is false.
    (b) A person who violates subsection (a) commits a Class A misdemeanor. However, the offense is a Class D Level 6 felony if the offense is committed with intent to defraud or mislead.
    (c) It is a defense for a person accused of violating subsection (a)(1) or subsection (a)(3) if the person establishes a guaranty or undertaking signed by and containing the name and address of the person residing in the United States from whom the accused person received in good faith the article to the effect that the article is not adulterated or misbranded within the meaning of this article or the Federal Act.
    (d) In addition to the remedies provided in this article, the state health commissioner or the commissioner's legally authorized agent may apply to the circuit or superior court for a temporary or permanent injunction restraining any person from violating any provision of this section.
    SECTION 248. IC 16-42-19-27, AS AMENDED BY P.L.2-2005, SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 27. (a) A person who knowingly violates this chapter, except sections 24 and 25(b) of this chapter, commits a Class D Level 6 felony. However, the offense is a Class C Level 5 felony if the person has a prior conviction under this subsection or IC 16-6-8-10(a) before its repeal.
    (b) A person who violates section 24 of this chapter commits a Class B misdemeanor.
    (c) A person who violates section 25(b) of this chapter commits

dealing in an anabolic steroid, a Class C Level 5 felony. However, the offense is a Class B Level 4 felony if the person delivered the anabolic steroid to a person who is:
        (1) less than eighteen (18) years of age; and
        (2) at least three (3) years younger than the delivering person.
    SECTION 249. IC 20-26-5-11, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. (a) This section applies to:
        (1) a school corporation; and
        (2) an entity:
            (A) with which the school corporation contracts for services; and
            (B) that has employees who are likely to have direct, ongoing contact with children within the scope of the employees' employment.
    (b) A school corporation or entity may use information obtained under section 10 of this chapter concerning an individual's conviction for one (1) of the following offenses as grounds to not employ or contract with the individual:
        (1) Murder (IC 35-42-1-1).
        (2) Causing suicide (IC 35-42-1-2).
        (3) Assisting suicide (IC 35-42-1-2.5).
        (4) Voluntary manslaughter (IC 35-42-1-3).
        (5) Reckless homicide (IC 35-42-1-5).
        (6) Battery (IC 35-42-2-1) unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (7) Aggravated battery (IC 35-42-2-1.5).
        (8) Kidnapping (IC 35-42-3-2).
        (9) Criminal confinement (IC 35-42-3-3).
        (10) A sex offense under IC 35-42-4.
        (11) Carjacking (IC 35-42-5-2) (repealed).
        (12) Arson (IC 35-43-1-1), unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (13) Incest (IC 35-46-1-3).
        (14) Neglect of a dependent as a Class B felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 3 felony (for a crime committed after June 30, 2014)

(IC 35-46-1-4(b)(2)), unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (15) Child selling (IC 35-46-1-4(d)).
        (16) Contributing to the delinquency of a minor (IC 35-46-1-8), unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (17) An offense involving a weapon under IC 35-47 or IC 35-47.5, unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (18) An offense relating to controlled substances under IC 35-48-4, unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (19) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3, unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (20) An offense relating to operating a motor vehicle while intoxicated under IC 9-30-5, unless five (5) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.
        (21) An offense that is substantially equivalent to any of the offenses listed in this subsection in which the judgment of conviction was entered under the law of any other jurisdiction.
    (c) An individual employed by a school corporation or an entity described in subsection (a) shall notify the governing body of the school corporation, if during the course of the individual's employment, the individual is convicted in Indiana or another jurisdiction of an offense described in subsection (b).
    SECTION 250. IC 20-28-5-8, AS AMENDED BY SEA 536-2013, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) This section applies when a prosecuting attorney knows that a licensed employee of a public school or a nonpublic school has been convicted of an offense listed in subsection (c). The prosecuting attorney shall immediately give written notice of the conviction to the following:


        (1) The state superintendent.
        (2) Except as provided in subdivision (3), the superintendent of the school corporation that employs the licensed employee or the equivalent authority if a nonpublic school employs the licensed employee.
        (3) The presiding officer of the governing body of the school corporation that employs the licensed employee, if the convicted licensed employee is the superintendent of the school corporation.
    (b) The superintendent of a school corporation, presiding officer of the governing body, or equivalent authority for a nonpublic school shall immediately notify the state superintendent when the individual knows that a current or former licensed employee of the public school or nonpublic school has been convicted of an offense listed in subsection (c), or when the governing body or equivalent authority for a nonpublic school takes any final action in relation to an employee who engaged in any offense listed in subsection (c).
    (c) The department, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by the department to have been convicted of any of the following felonies:
        (1) Kidnapping (IC 35-42-3-2).
        (2) Criminal confinement (IC 35-42-3-3).
        (3) Rape (IC 35-42-4-1).
        (4) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (5) Child molesting (IC 35-42-4-3).
        (6) Child exploitation (IC 35-42-4-4(b)).
        (7) Vicarious sexual gratification (IC 35-42-4-5).
        (8) Child solicitation (IC 35-42-4-6).
        (9) Child seduction (IC 35-42-4-7).
        (10) Sexual misconduct with a minor (IC 35-42-4-9).
        (11) Incest (IC 35-46-1-3).
        (12) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
        (13) Dealing in methamphetamine (IC 35-48-4-1.1).
        (14) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
        (15) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
        (16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
        (17) Dealing in a counterfeit substance (IC 35-48-4-5).
        (18) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10(b)).
        (19) Dealing in a synthetic drug or synthetic drug lookalike substance (IC 35-48-4-10.5, or IC 35-48-4-10(b) before its amendment in 2013).
        (20) Possession of child pornography (IC 35-42-4-4(c)).
        (21) Homicide (IC 35-42-1).
        (22) Voluntary manslaughter (IC 35-42-1-3).
        (23) Reckless homicide (IC 35-42-1-5).
        (24) Battery as any of the following:
            (A) A Class A felony (for a crime committed before July 1, 2014) or a Level 2 felony (for a crime committed after June 30, 2014). (IC 35-42-2-1(a)(5)).
            (B) A Class B felony (for a crime committed before July 1, 2014) or a Level 3 felony (for a crime committed after June 30, 2014). (IC 35-42-2-1(a)(4)).
            (C) A Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014). (IC 35-42-2-1(a)(3)).
        (25) Aggravated battery (IC 35-42-2-1.5).
        (26) Robbery (IC 35-42-5-1).
        (27) Carjacking (IC 35-42-5-2) (repealed).
        (28) Arson as a Class A felony or a Class B felony (for a crime committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014) (IC 35-43-1-1(a)).
        (29) Burglary as a Class A felony or a Class B felony (for a crime committed before July 1, 2014) or as a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014) (IC 35-43-2-1).
        (30) Attempt under IC 35-41-5-1 to commit an offense listed in this subsection.
        (31) Conspiracy under IC 35-41-5-2 to commit an offense listed in this subsection.
    (d) The department, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by the department to have been convicted of a federal offense or an offense in another state that is comparable to a felony listed in subsection (c).
    (e) A license may be suspended by the state superintendent as

specified in IC 20-28-7.5.
    (f) The department shall develop a data base of information on school corporation employees who have been reported to the department under this section.
    SECTION 251. IC 21-14-1-6, AS AMENDED BY P.L.77-2012, SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. "Public safety officer" means any of the following:
        (1) A regular, paid law enforcement officer.
        (2) A regular, paid firefighter.
        (3) A volunteer firefighter (as defined in IC 36-8-12-2).
        (4) A county police reserve officer.
        (5) A city police reserve officer.
        (6) A paramedic (as defined in IC 16-18-2-266).
        (7) An emergency medical technician (as defined in IC 16-18-2-112).
        (8) An advanced emergency medical technician (as defined in IC 16-18-2-6.5). or
        (9) A hazardous duty employee of the department of correction who:
            (A) works within a prison or juvenile facility; or
            (B) performs parole or emergency response operations and functions.
         (10) A community corrections officer.
    SECTION 252. IC 21-18.5-6-25, AS ADDED BY P.L.107-2012, SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 25. (a) Except as provided in subsection (b), a person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor.
    (b) A person who, with intent to defraud, represents the person to be an agent of a postsecondary credit bearing proprietary educational institution commits a Class C Level 5 felony.
    SECTION 253. IC 22-4.1-21-38, AS ADDED BY P.L.107-2012, SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 38. (a) Except as provided in subsection (b), a person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor.
    (b) A person who, with intent to defraud, represents the person to be an agent of a postsecondary proprietary educational institution commits

a Class C Level 5 felony.
    SECTION 254. IC 22-5-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. The employment contract of a person who:
        (1) works with children; and
        (2) is convicted of:
            (A) rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age;
            (B) criminal deviate conduct (IC 35-42-4-2) (repealed), if the victim is less than eighteen (18) years of age;
            (C) child molesting (IC 35-42-4-3);
            (D) child exploitation (IC 35-42-4-4(b));
            (E) vicarious sexual gratification (IC 35-42-4-5);
            (F) child solicitation (IC 35-42-4-6);
            (G) child seduction (IC 35-42-4-7); or
            (H) incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age;
may be canceled by the person's employer.
    SECTION 255. IC 22-11-14-6, AS AMENDED BY P.L.187-2006, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. (a) A person who recklessly, knowingly, or intentionally violates section 2(f), 4.5, 5(c), 5(d), 7, 8(a), 8(c), 8(d), 10, or 11(c) of this chapter commits a Class A misdemeanor.
    (b) A person who ignites, discharges, or uses consumer fireworks at a site other than:
        (1) a special discharge location;
        (2) the property of the person; or
        (3) the property of another who has given permission to use the consumer fireworks;
commits a Class C infraction. However, if a person recklessly, knowingly, or intentionally takes an action described in this subsection within five (5) years after the person previously took an action described in this subsection, whether or not there has been a judgment that the person committed an infraction in taking the previous action, the person commits a Class C misdemeanor.
    (c) A person less than eighteen (18) years of age who possesses or uses a firework when an adult is not present and responsible at the location of the possession or use commits a Class C infraction. However, if a person possesses or uses a firework when an adult is not

present and responsible at the location of the possession or use within five (5) years after a previous possession or use by the person as described in this subsection, whether or not there has been a judgment that the person committed an infraction in the previous possession or use, the person commits a delinquent act under IC 31-37.
    (d) A person who ignites, discharges, or uses consumer fireworks:
        (1) after 11 p.m. except on a holiday (as defined in IC 1-1-9-1(a)) or December 31, on which dates consumer fireworks may not be ignited, discharged, or used after midnight; or
        (2) before 9 a.m.;
commits a Class C infraction. However, if a person recklessly, knowingly, or intentionally takes an action described in this subsection within five (5) years after the person previously took an action described in this subsection, whether or not there has been a judgment that the person committed an infraction in taking the previous action, the person commits a Class C misdemeanor.
    (e) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation causes harm to the property of a person commits a Class A misdemeanor.
    (f) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation results in serious bodily injury to a person commits a Class D Level 6 felony.
    (g) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation results in the death of a person commits a Class C Level 5 felony.
    (h) A person who knowingly or intentionally fails to collect or remit to the state the public safety fees due under section 12 of this chapter commits a Class D Level 6 felony.
    SECTION 256. IC 22-11-14.5-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 10. A person who causes serious bodily injury to a person as a result of a knowing or an intentional violation of a rule adopted under this chapter commits a Class D Level 6 felony.
    SECTION 257. IC 22-11-14.5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. A person who causes the death of a person as a result of a reckless violation of a rule adopted under this chapter commits a Class D Level 6 felony.
    SECTION 258. IC 22-11-14.5-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. A person who

causes the death of a person as a result of a knowing or an intentional violation of a rule adopted under this chapter commits a Class C Level 5 felony.
    SECTION 259. IC 22-11-17-4, AS AMENDED BY P.L.114-2012, SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. An owner of a public building commits a Class D Level 6 felony if:
        (1) the owner knowingly or intentionally violates section 2 of this chapter; and
        (2) bodily injury (as defined by IC 35-31.5-2-29) or a loss of life occurs to a person lawfully in the public building as a result of a fire in the building.
    SECTION 260. IC 22-11-18-5, AS AMENDED BY P.L.17-2008, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) An owner of a hotel or motel who violates this chapter commits a Class A infraction, except as provided by subsection (b).
    (b) An owner of a hotel or motel commits a Class D Level 6 felony if:
        (1) the owner knowingly or intentionally violates section 3 of this chapter; and
        (2) bodily injury or loss of life occurs as a result of a fire in the building.
    (c) Except as provided in section 5.5 of this chapter, a person who violates section 3.5 of this chapter commits a Class D infraction.
    SECTION 261. IC 22-15-5-16, AS AMENDED BY P.L.78-2012, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 16. (a) A practitioner shall comply with the standards established under this licensing program. A practitioner is subject to the exercise of the disciplinary sanctions under subsection (b) if the department finds that a practitioner has:
        (1) engaged in or knowingly cooperated in fraud or material deception in order to obtain a license to practice, including cheating on a licensing examination;
        (2) engaged in fraud or material deception in the course of professional services or activities;
        (3) advertised services or goods in a false or misleading manner;
        (4) falsified or knowingly allowed another person to falsify attendance records or certificates of completion of continuing

education courses provided under this chapter;
        (5) been convicted of a crime that has a direct bearing on the practitioner's ability to continue to practice competently;
        (6) knowingly violated a state statute or rule or federal statute or regulation regulating the profession for which the practitioner is licensed;
        (7) continued to practice although the practitioner has become unfit to practice due to:
            (A) professional incompetence;
            (B) failure to keep abreast of current professional theory or practice;
            (C) physical or mental disability; or
            (D) addiction to, abuse of, or severe dependency on alcohol or other drugs that endanger the public by impairing a practitioner's ability to practice safely;
        (8) engaged in a course of lewd or immoral conduct in connection with the delivery of services to the public;
        (9) allowed the practitioner's name or a license issued under this chapter to be used in connection with an individual or business who renders services beyond the scope of that individual's or business's training, experience, or competence;
        (10) had disciplinary action taken against the practitioner or the practitioner's license to practice in another state or jurisdiction on grounds similar to those under this chapter;
        (11) assisted another person in committing an act that would constitute a ground for disciplinary sanction under this chapter; or
        (12) allowed a license issued by the department to be:
            (A) used by another person; or
            (B) displayed to the public when the license has expired, is inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record of disciplinary action constitutes prima facie evidence of a disciplinary action in another jurisdiction.
    (b) The department may impose one (1) or more of the following sanctions if the department finds that a practitioner is subject to disciplinary sanctions under subsection (a):
        (1) Permanent revocation of a practitioner's license.
        (2) Suspension of a practitioner's license.


        (3) Censure of a practitioner.
        (4) Issuance of a letter of reprimand.
        (5) Assess a civil penalty against the practitioner in accordance with the following:
            (A) The civil penalty may not be more than one thousand dollars ($1,000) for each violation listed in subsection (a), except for a finding of incompetency due to a physical or mental disability.
            (B) When imposing a civil penalty, the department shall consider a practitioner's ability to pay the amount assessed. If the practitioner fails to pay the civil penalty within the time specified by the department, the department may suspend the practitioner's license without additional proceedings. However, a suspension may not be imposed if the sole basis for the suspension is the practitioner's inability to pay a civil penalty.
        (6) Place a practitioner on probation status and require the practitioner to:
            (A) report regularly to the department upon the matters that are the basis of probation;
            (B) limit practice to those areas prescribed by the department;
            (C) continue or renew professional education approved by the department until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or
            (D) perform or refrain from performing any acts, including community restitution or service without compensation, that the department considers appropriate to the public interest or to the rehabilitation or treatment of the practitioner.
        The department may withdraw or modify this probation if the department finds after a hearing that the deficiency that required disciplinary action has been remedied or that changed circumstances warrant a modification of the order.
    (c) If an applicant or a practitioner has engaged in or knowingly cooperated in fraud or material deception to obtain a license to practice, including cheating on the licensing examination, the department may rescind the license if it has been granted, void the examination or other fraudulent or deceptive material, and prohibit the applicant from reapplying for the license for a length of time established by the department.
    (d) The department may deny licensure to an applicant who has had

disciplinary action taken against the applicant or the applicant's license to practice in another state or jurisdiction or who has practiced without a license in violation of the law. A certified copy of the record of disciplinary action is conclusive evidence of the other jurisdiction's disciplinary action.
    (e) The department may order a practitioner to submit to a reasonable physical or mental examination if the practitioner's physical or mental capacity to practice safely and competently is at issue in a disciplinary proceeding. Failure to comply with a department order to submit to a physical or mental examination makes a practitioner liable to temporary suspension under subsection (j).
    (f) Except as provided under subsection (g) or (h), a license may not be denied, revoked, or suspended because the applicant or holder has been convicted of an offense. The acts from which the applicant's or holder's conviction resulted may, however, be considered as to whether the applicant or holder should be entrusted to serve the public in a specific capacity.
    (g) The department may deny, suspend, or revoke a license issued under this chapter if the individual who holds the license is convicted of any of the following:
        (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
        (2) Possession of methamphetamine under IC 35-48-4-6.1.
        (3) Possession of a controlled substance under IC 35-48-4-7(a).
        (4) Fraudulently obtaining a controlled substance under IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
        (5) Manufacture of paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.1(b).
        (6) Dealing in paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.5(b).
        (7) Possession of paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.3(b).
        (8) Possession of marijuana, hash oil, hashish, salvia, or a synthetic drug as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed

after June 30, 2014) under IC 35-48-4-11.
        (9) Maintaining a common nuisance under IC 35-48-4-13.
        (10) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
        (11) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (10).
        (12) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (10).
        (13) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described in subdivisions (1) through (12).
    (h) The department shall deny, revoke, or suspend a license issued under this chapter if the individual who holds the license is convicted of any of the following:
        (1) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
        (2) Dealing in methamphetamine under IC 35-48-4-1.1.
        (3) Dealing in a schedule I, II, or III controlled substance under IC 35-48-4-2.
        (4) Dealing in a schedule IV controlled substance under IC 35-48-4-3.
        (5) Dealing in a schedule V controlled substance under IC 35-48-4-4.
        (6) Dealing in a substance represented to be a controlled substance under IC 35-48-4-4.5.
        (7) Knowingly or intentionally manufacturing, advertising, distributing, or possessing with intent to manufacture, advertise, or distribute a substance represented to be a controlled substance under IC 35-48-4-4.6.
        (8) Dealing in a counterfeit substance under IC 35-48-4-5.
        (9) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic drug under IC 35-48-4-10(b).
        (10) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (9).
        (11) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (9).
        (12) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described in subdivisions (1)

through (11).
        (13) A violation of any federal or state drug law or rule related to wholesale legend drug distributors licensed under IC 25-26-14.
    (i) A decision of the department under subsections (b) through (h) may be appealed to the commission under IC 4-21.5-3-7.
    (j) The department may temporarily suspend a practitioner's license under IC 4-21.5-4 before a final adjudication or during the appeals process if the department finds that a practitioner represents a clear and immediate danger to the public's health, safety, or property if the practitioner is allowed to continue to practice.
    (k) On receipt of a complaint or an information alleging that a person licensed under this chapter has engaged in or is engaging in a practice that jeopardizes the public health, safety, or welfare, the department shall initiate an investigation against the person.
    (l) Any complaint filed with the office of the attorney general alleging a violation of this licensing program shall be referred to the department for summary review and for its general information and any authorized action at the time of the filing.
    (m) The department shall conduct a fact finding investigation as the department considers proper in relation to the complaint.
    (n) The department may reinstate a license that has been suspended under this section if, after a hearing, the department is satisfied that the applicant is able to practice with reasonable skill, safety, and competency to the public. As a condition of reinstatement, the department may impose disciplinary or corrective measures authorized under this chapter.
    (o) The department may not reinstate a license that has been revoked under this chapter. An individual whose license has been revoked under this chapter may not apply for a new license until seven (7) years after the date of revocation.
    (p) The department shall seek to achieve consistency in the application of sanctions authorized in this chapter. Significant departures from prior decisions involving similar conduct must be explained in the department's findings or orders.
    (q) A practitioner may petition the department to accept the surrender of the practitioner's license instead of having a hearing before the commission. The practitioner may not surrender the practitioner's license without the written approval of the department, and the department may impose any conditions appropriate to the surrender or

reinstatement of a surrendered license.
    (r) A practitioner who has been subjected to disciplinary sanctions may be required by the commission to pay the costs of the proceeding. The practitioner's ability to pay shall be considered when costs are assessed. If the practitioner fails to pay the costs, a suspension may not be imposed solely upon the practitioner's inability to pay the amount assessed. The costs are limited to costs for the following:
        (1) Court reporters.
        (2) Transcripts.
        (3) Certification of documents.
        (4) Photo duplication.
        (5) Witness attendance and mileage fees.
        (6) Postage.
        (7) Expert witnesses.
        (8) Depositions.
        (9) Notarizations.
    SECTION 262. IC 23-2-2.5-37 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 37. A person who knowingly violates this chapter commits a Class C Level 5 felony.
    SECTION 263. IC 23-2-5-16, AS AMENDED BY P.L.156-2009, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 16. (a) Except as provided in subsection (b), a person who knowingly violates this chapter commits a Class C Level 5 felony.
    (b) A person who knowingly violates this chapter commits a Class B Level 4 felony if the person damaged by the violation is at least sixty (60) years of age.
    (c) A person commits a Class C Level 5 felony if the person knowingly makes or causes to be made:
        (1) in any document filed with or sent to the commissioner or the securities division; or
        (2) in any proceeding, investigation, or examination under this chapter;
any statement that is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.
    SECTION 264. IC 23-2-6-33 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 33. (a) A person who knowingly violates:
        (1) this chapter; or


        (2) any rule or order issued or adopted by the commissioner under this chapter;
commits a Class C Level 5 felony.
    (b) A person who violates a rule or an order issued or adopted under this chapter may be assessed a civil penalty of up to ten thousand dollars ($10,000).
    (c) The commissioner may refer any evidence concerning violations of this chapter or violations of any rule or order issued or adopted by the commissioner to any prosecuting attorney in Indiana.
    SECTION 265. IC 23-14-31-52 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 52. (a) Except as provided in subsections (b), (c), and (d), a person that knowingly or intentionally violates this chapter commits a Class B misdemeanor.
    (b) A person that knowingly or intentionally:
        (1) performs a cremation without receipt of a cremation authorization form signed by an authorizing agent;
        (2) signs a cremation authorization form that the individual knows contains false or incorrect information; or
        (3) violates a cremation procedure under sections 36 through 42 of this chapter;
commits a Class D Level 6 felony.
    (c) A crematory authority that knowingly represents to an authorizing agent or the agent's designee that a temporary container or urn contains the cremated remains of a specific decedent when the container or urn does not commits a Class D Level 6 felony.
    (d) A person:
        (1) who:
            (A) professes to the public to be a crematory authority; or
            (B) operates a building or structure in Indiana as a crematory;
        without being registered under section 22 of this chapter; or
        (2) who fails to file an annual report required under section 24 of this chapter;
commits a Class A misdemeanor.
    SECTION 266. IC 23-14-48-9, AS AMENDED BY P.L.113-2007, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. (a) Except as provided in subsections (b) and (c), a person who knowingly violates this chapter commits a Class A misdemeanor.
    (b) A person who makes a false or fraudulent representation as to

the existence, amount, investment, control, or condition of a perpetual care fund of a cemetery for the purpose of inducing another to purchase any burial right commits a Class C infraction.
    (c) A person who knowingly or intentionally uses funds in a perpetual care fund or an endowment care fund established under this chapter for purposes other than the perpetual care of the cemetery for which the perpetual care fund or endowment fund was established commits a Class C Level 5 felony.
    SECTION 267. IC 23-19-5-8, AS AMENDED BY P.L.156-2009, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A person who knowingly violates this article, or a rule adopted under this article, except section 4 of this chapter or the notice filing requirements of IC 23-19-3-2 or IC 23-19-4-5, commits a Class C Level 5 felony.
    (b) A person who knowingly violates section 1 of this chapter commits a Class B Level 4 felony if the person harmed, defrauded, misled, or deceived by the violation is at least sixty (60) years of age.
    (c) A person who knowingly violates section 1 of this chapter:
        (1) while using or taking advantage of; or
        (2) in connection with;
a relationship that is based on religious affiliation or worship commits a Class B Level 4 felony.
    (d) It is the duty of a prosecuting attorney, as well as of the attorney general, to assist the commissioner upon the commissioner's request in the prosecution to final judgment of a violation of the penal provisions of this article. If the commissioner determines that an action based on the securities division's investigations is meritorious:
        (1) the commissioner or a designee empowered by the commissioner shall refer the facts drawn from the investigation to the prosecuting attorney of the judicial circuit in which the crime may have been committed;
        (2) the commissioner and the securities division shall assist the prosecuting attorney in prosecuting an action under this section, which may include a securities division attorney serving as a special deputy prosecutor appointed by the prosecuting attorney;
        (3) a prosecuting attorney to whom facts concerning fraud are referred under subdivision (1) may refer the matter to the attorney general;
        (4) if a matter has been referred to the attorney general under

subdivision (3), the attorney general may:
            (A) file an information in a court with jurisdiction over the matter in the county in which the offense is alleged to have been committed; and
            (B) prosecute the alleged offense; and
        (5) if a matter has been referred to the attorney general under subdivision (3), the commissioner and the securities division shall assist the attorney general in prosecuting an action under this section, which may include a securities division attorney serving as a special deputy attorney general appointed by the attorney general.
    (e) This article does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state.
    SECTION 268. IC 23-20-1-31, AS ADDED BY P.L.114-2010, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 31. A person commits a Class C Level 5 felony if the person knowingly makes or causes to be made:
        (1) in any document filed with or sent to the securities commissioner or the division; or
        (2) in any proceeding, investigation, or examination;
under this chapter any statement that is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.
    SECTION 269. IC 24-1-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person who knowingly violates this chapter commits a Class C Level 5 felony.
    SECTION 270. IC 24-1-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person who knowingly violates this chapter commits a Class C Level 5 felony.
    SECTION 271. IC 24-3-4-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 17. A person who:
        (1) knowingly sells, distributes, or transports more than twelve thousand (12,000) cigarettes in violation of section 8 or 9 of this chapter; and
        (2) has previously been convicted of an offense under section 15 or 16 of this chapter;
commits a Class D Level 6 felony.
    SECTION 272. IC 24-4-12-11 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. A person who violates this chapter commits:
        (1) a Class B misdemeanor on the first violation;
        (2) a Class A misdemeanor on the second violation; and
        (3) a Class D Level 6 felony on the third and any subsequent violation.
    SECTION 273. IC 24-4-18-6, AS ADDED BY P.L.69-2012, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. (a) A criminal history provider may provide only criminal history information that relates to a conviction.
    (b) A criminal history provider may not provide information relating to the following:
        (1) An infraction, an arrest, or a charge that did not result in a conviction.
        (2) A record that has been expunged.
        (3) A record that is restricted by a court or the rules of a court.
        (4) A record indicating a conviction of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) if the Class D felony or Level 6 felony conviction:
            (A) has been entered as a Class A misdemeanor conviction; or
            (B) has been converted to a Class A misdemeanor conviction.
        (5) A record that the criminal history provider knows is inaccurate.
    SECTION 274. IC 24-5-8-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 19. A person who fails to comply with section 4 of this chapter commits a Class D Level 6 felony.
    SECTION 275. IC 24-5-12-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 22. A seller who fails to comply with sections 10 through 16 of this chapter commits a Class D Level 6 felony.
    SECTION 276. IC 24-8-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person who knowingly or intentionally violates this article commits a Class D Level 6 felony.
    SECTION 277. IC 25-1-1.1-2, AS AMENDED BY P.L.78-2012, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. Notwithstanding IC 25-1-7, a board, a

commission, or a committee may suspend, deny, or revoke a license or certificate issued under this title by the board, the commission, or the committee without an investigation by the office of the attorney general if the individual who holds the license or certificate is convicted of any of the following and the board, commission, or committee determines, after the individual has appeared in person, that the offense affects the individual's ability to perform the duties of the profession:
        (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
        (2) Possession of methamphetamine under IC 35-48-4-6.1.
        (3) Possession of a controlled substance under IC 35-48-4-7(a).
        (4) Fraudulently obtaining a controlled substance under IC 35-48-4-7(b). IC 35-48-4-7(c).
        (5) Manufacture of paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.1(b).
        (6) Dealing in paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.5(b).
        (7) Possession of paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.3(b).
        (8) Possession of marijuana, hash oil, hashish, salvia, or a synthetic drug as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-11.
        (9) Maintaining a common nuisance under IC 35-48-4-13.
        (10) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
        (11) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (10).
        (12) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (10).
        (13) A sex crime under IC 35-42-4.
        (14) A felony that reflects adversely on the individual's fitness to hold a professional license.
        (15) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described in this section.


    SECTION 278. IC 25-1-9-3.5, AS AMENDED BY P.L.114-2012, SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3.5. As used in this chapter, "sexual contact" means:
        (1) sexual intercourse (as defined in IC 35-31.5-2-302);
        (2) deviate other sexual conduct (as defined in IC 35-31.5-2-94); IC 35-31.5-2-221.5); or
        (3) any fondling or touching intended to arouse or satisfy the sexual desires of either the individual performing the fondling or touching or the individual being fondled or touched.
    SECTION 279. IC 25-5.2-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) An agency contract must be in a record, signed or otherwise authenticated by the parties.
    (b) An agency contract must contain the following:
        (1) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services.
        (2) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract.
        (3) A description of any expenses that the student athlete agrees to reimburse.
        (4) A description of the services to be provided to the student athlete.
        (5) The duration of the contract.
        (6) The date of execution.
    (c) An agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating:
        WARNING TO STUDENT ATHLETE
        IF YOU SIGN THIS CONTRACT:
        (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
        (2) IF YOU HAVE AN ATHLETIC DIRECTOR, BOTH YOU AND YOUR ATHLETE AGENT MUST GIVE TO YOUR ATHLETIC DIRECTOR THE TEN (10) DAY NOTICE

REQUIRED BY IC 25-5.2-2-9 AND IC 35-46-4-4 BEFORE EXECUTING THIS CONTRACT; AND
        (3) YOU MAY CANCEL THIS CONTRACT WITHIN FOURTEEN (14) DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
    (d) An agency contract that does not conform to this section is voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
    (e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution.
    SECTION 280. IC 25-5.2-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. (a) At least ten (10) days before a student athlete enters into an agency contract, the athlete agent shall give in a record the notice required by IC 35-46-4-4 of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.
    (b) At least ten (10) days before entering into an agency contract, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled or intends to enroll that the student athlete intends to enter into an agency contract.
    SECTION 281. IC 25-5.2-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. (a) An athlete agent who, with the intent to induce a student athlete to enter into an agency contract:
        (1) gives any materially false or misleading information or makes a materially false promise or representation;
        (2) furnishes anything of value to a student athlete before the student athlete enters into the agency contract; or
        (3) furnishes anything of value to any individual other than the student athlete or another registered athlete agent;
commits a Class D Level 6 felony.
    (b) An athlete agent who intentionally:
        (1) initiates contact with a student athlete unless registered under this article;


        (2) refuses or fails to retain or permit inspection of the records required to be retained by section 11 of this chapter;
        (3) fails to register when required by section 2 of this chapter;
        (4) provides materially false or misleading information in an application for registration or renewal of registration;
        (5) predates or postdates an agency contract; or
        (6) fails to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport;
commits a Class D Level 6 felony.
    SECTION 282. IC 25-14-1-25, AS AMENDED BY P.L.103-2011, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 25. (a) It is a Class D Level 6 felony for a person to do any of the following:
        (1) Practice dentistry not being at the time a dentist duly licensed to practice as such in this state under this chapter.
        (2) Employ, hire, or procure one who is not duly licensed as a dentist to practice dentistry, but a person practiced upon by an unlicensed dentist does not violate this section.
    (b) It is a Class B misdemeanor for a person to do any of the following:
        (1) Sell or barter, or offer to sell or barter, or, not being lawfully authorized so to do, issue or confer, or offer to issue or confer, any dental degree, license, or any diploma or document conferring, or purporting to confer, any dental degree or license, or any certificate or transcript made, or purporting to be made, under this chapter.
        (2) Purchase, or procure by barter, any diploma, license, certificate, or transcript, with intent that it be used as evidence of the qualifications to practice dentistry of any person other than the one upon, or to whom, it was lawfully conferred or issued, or in fraud of the laws regulating the practice.
        (3) Use any diploma, certificate, or transcript which has been purchased, fraudulently issued, counterfeited, or materially altered, either as a license or color of license, to practice dentistry, or in order to procure registration as a dentist.
        (4) Practice dentistry under a false name, under a name intended to mislead the public, under the license of another person of the

same name, or hold the person out to the public under such a name as a practitioner of dentistry.
        (5) Assume the title or degree of "Bachelor of Dental Surgery", append the letters "B.D.S.", "D.D.S.", "M.D.S.", or "D.M.D.", to the person's name, or make use of the same, or prefix to his the person's name the title of "Doctor", or any abbreviation thereof, not having had duly conferred upon the person by diploma from some college, school, or board of examiners legally empowered to confer the same, the right to assume such a title.
        (6) Assume any title or append or prefix any words to the person's name, with intent to represent falsely that the person has received a dental degree or license.
        (7) Not having been licensed to practice dentistry under the laws of this state, represent that the person is entitled so to practice (a dental licensee may use the prefix "Doctor" or "Dr." to his the person's name).
        (8) Falsely personate another at any examination to ascertain the preliminary professional education of candidates for dental certificates, dental degrees, or dental licenses or knowingly avail the person of the benefit of false personation.
        (8) (9) Otherwise violate this chapter.
    (c) Each date that a person violates this section constitutes a separate offense.
    SECTION 283. IC 25-22.5-1-1.1, AS AMENDED BY SEA 589-2013, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1.1. As used in this article:
    (a) "Practice of medicine or osteopathic medicine" means any one (1) or a combination of the following:
        (1) Holding oneself out to the public as being engaged in:
            (A) the diagnosis, treatment, correction, or prevention of any disease, ailment, defect, injury, infirmity, deformity, pain, or other condition of human beings;
            (B) the suggestion, recommendation, or prescription or administration of any form of treatment, without limitation;
            (C) the performing of any kind of surgical operation upon a human being, including tattooing (except for tattooing providing a tattoo as defined in IC 35-42-2-7), IC 35-45-21-4(a)), in which human tissue is cut, burned, or vaporized by the use of any mechanical means, laser, or

ionizing radiation, or the penetration of the skin or body orifice by any means, for the intended palliation, relief, or cure; or
            (D) the prevention of any physical, mental, or functional ailment or defect of any person.
        (2) The maintenance of an office or a place of business for the reception, examination, or treatment of persons suffering from disease, ailment, defect, injury, infirmity, deformity, pain, or other conditions of body or mind.
        (3) Attaching the designation "doctor of medicine", "M.D.", "doctor of osteopathy", "D.O.", "osteopathic medical physician", "physician", "surgeon", or "physician and surgeon", either alone or in connection with other words, or any other words or abbreviations to a name, indicating or inducing others to believe that the person is engaged in the practice of medicine or osteopathic medicine (as defined in this section).
        (4) Providing diagnostic or treatment services to a person in Indiana when the diagnostic or treatment services:
            (A) are transmitted through electronic communications; and
            (B) are on a regular, routine, and nonepisodic basis or under an oral or written agreement to regularly provide medical services.
        In addition to the exceptions described in section 2 of this chapter, a nonresident physician who is located outside Indiana does not practice medicine or osteopathy in Indiana by providing a second opinion to a licensee or diagnostic or treatment services to a patient in Indiana following medical care originally provided to the patient while outside Indiana.
    (b) "Board" refers to the medical licensing board of Indiana.
    (c) "Diagnose or diagnosis" means to examine a patient, parts of a patient's body, substances taken or removed from a patient's body, or materials produced by a patient's body to determine the source or nature of a disease or other physical or mental condition, or to hold oneself out or represent that a person is a physician and is so examining a patient. It is not necessary that the examination be made in the presence of the patient; it may be made on information supplied either directly or indirectly by the patient.
    (d) "Drug or medicine" means any medicine, compound, or chemical or biological preparation intended for internal or external use of humans, and all substances intended to be used for the diagnosis,

cure, mitigation, or prevention of diseases or abnormalities of humans, which are recognized in the latest editions published of the United States Pharmacopoeia or National Formulary, or otherwise established as a drug or medicine.
    (e) "Licensee" means any individual holding a valid unlimited license issued by the board under this article.
    (f) "Prescribe or prescription" means to direct, order, or designate the use of or manner of using a drug, medicine, or treatment, by spoken or written words or other means.
    (g) "Physician" means any person who holds the degree of doctor of medicine or doctor of osteopathy or its equivalent and who holds a valid unlimited license to practice medicine or osteopathic medicine in Indiana.
    (h) "Medical school" means a nationally accredited college of medicine or of osteopathic medicine approved by the board.
    (i) "Physician assistant" means an individual who:
        (1) is supervised by a physician;
        (2) graduated from an approved physician assistant program described in IC 25-27.5-2-2;
        (3) passed the examination administered by the National Commission on Certification of Physician Assistants (NCCPA) and maintains certification; and
        (4) has been licensed by the physician assistant committee under IC 25-27.5.
    (j) "Agency" refers to the Indiana professional licensing agency under IC 25-1-5.
    SECTION 284. IC 25-22.5-8-2, AS AMENDED BY P.L.90-2007, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) A person who violates this article by unlawfully practicing medicine or osteopathic medicine commits a Class C Level 5 felony.
    (b) A person who practices midwifery without the license required under this article commits a Class D Level 6 felony.
    (c) A person who acts as a physician assistant without the license required under IC 25-27.5 commits a Class D Level 6 felony.
    SECTION 285. IC 25-26-13-29 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 29. (a) It is unlawful:
        (1) For any person to display or permit to be displayed, a pharmacy permit in any facility or place of business other than

that for which it was issued.
        (2) For any person to accept a prescription for filling or compounding at any place or facility for which there is not a valid pharmacy permit.
        (3) For any person to operate a pharmacy or to take, assume, exhibit, display, or advertise by any medium, the title "drugs", "prescriptions", "medicine", "drug store", "pharmacy", or "apothecary shop", or any combination of such titles or any other title, symbol, term, or description of like import intended to cause the public to believe that it is a pharmacy unless he the person holds a valid pharmacy permit.
        (4) For any person to engage or offer to engage in the practice of pharmacy or to hold himself or herself out as a pharmacist without a valid pharmacist's license that is classified as active by the board.
    (b) A person who violates a provision of subsection (a) of this section commits a Class D Level 6 felony.
    (c) Nothing in this chapter shall apply to, nor in any manner interfere with the business of a general merchant in selling and distributing nonnarcotic, nonprescription medicines or drugs which are prepackaged, fully prepared by the manufacturer for use by the consumer, and labeled in accordance with the requirements of the state and federal food and drug acts.
    SECTION 286. IC 25-26-14-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 23. A person that knowingly purchases or receives a legend drug from any source other than a person licensed under this chapter, including a wholesale distributor, manufacturer, pharmacy distributor, or pharmacy commits a Class A misdemeanor. A subsequent unrelated violation of this section is a Class D Level 6 felony.
    SECTION 287. IC 25-26-14-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 25. A wholesale drug distributor that fails to allow an authorized person to enter and inspect a facility as provided in section 19 of this chapter commits a Class A misdemeanor. However, the offense is a Class D Level 6 felony if the person has a prior unrelated conviction for an offense under this section.
    SECTION 288. IC 25-26-14-26, AS AMENDED BY P.L.212-2005, SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2014]: Sec. 26. (a) A person who knowingly or intentionally engages in the wholesale distribution of a legend drug without a license issued under this chapter commits a Class D Level 6 felony.
    (b) A person who engages in the wholesale distribution of a legend drug and:
        (1) who, with intent to defraud or deceive:
            (A) fails to obtain or deliver to another person a complete and accurate required pedigree concerning a legend drug before:
                (i) obtaining the legend drug from another person; or
                (ii) transferring the legend drug to another person; or
            (B) falsely swears or certifies that the person has authenticated any documents related to the wholesale distribution of legend drugs;
        (2) who knowingly or intentionally:
            (A) destroys, alters, conceals, or fails to maintain a complete and accurate required pedigree concerning a legend drug in the person's possession;
            (B) purchases or receives legend drugs from a person not authorized to distribute legend drugs in wholesale distribution;
            (C) sells, barters, brokers, or transfers a legend drug to a person not authorized to purchase the legend drug in the jurisdiction in which the person receives the legend drug in a wholesale distribution;
            (D) forges, counterfeits, or falsely creates a pedigree;
            (E) falsely represents a factual matter contained in a pedigree; or
            (F) fails to record material information required to be recorded in a pedigree; or
        (3) who:
            (A) possesses a required pedigree concerning a legend drug;
            (B) knowingly or intentionally fails to authenticate the matters contained in the pedigree as required; and
            (C) distributes or attempts to further distribute the legend drug;
commits a Class D Level 6 felony.
    SECTION 289. IC 25-26-14-27, AS AMENDED BY P.L.98-2006, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 27. A wholesale drug distributor that fails to comply with the conditions and requirements described in section 17,

17.2, 17.8, 17.9, or 20 of this chapter commits a Class D Level 6 felony.
    SECTION 290. IC 25-26-19-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. (a) An individual may not practice as a pharmacy technician unless the individual is certified under this chapter.
    (b) An individual may not act as a pharmacy technician in training unless the individual has obtained a permit under this chapter or the individual is acting as a pharmacy technician in training during the period permitted under section 6(b) of this chapter.
    (c) An individual who knowingly violates this section commits a Class D Level 6 felony.
    SECTION 291. IC 25-29-9-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) A person that knowingly engages or aids and abets another person, in the practice of podiatric medicine without a license issued under this article commits unauthorized practice of podiatric medicine, a Class D Level 6 felony.
    (b) A person who otherwise violates this article commits a Class C misdemeanor.
    SECTION 292. IC 25-36.5-1-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 10. A person who:
        (1) engages in business as a timber buyer without securing a registration or in violation of this chapter; or
        (2) refuses to permit inspection of the person's premises, books, accounts, or records as provided in this chapter;
commits a Class A misdemeanor. However, the offense is a Class D Level 6 felony if the person has a prior unrelated conviction for an offense under this section.
    SECTION 293. IC 26-3-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A warehouseman, or any officer, agent, or servant of a warehouseman, who issues a receipt, knowing that the goods for which the receipt is issued have not been actually received by the warehouseman, or are not under his the warehouseman's actual control at the time of issuing the receipt, commits a Class D Level 6 felony.
    SECTION 294. IC 26-3-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A warehouseman, or any officer, agent, or servant of a warehouseman, who issues a duplicate or additional negotiable receipt for goods, knowing that a

former negotiable receipt for the same goods or any part of them is outstanding and uncanceled, without plainly placing upon the face thereof the word "Duplicate," except in case of a lost, stolen, or destroyed receipt, commits a Class D Level 6 felony.
    SECTION 295. IC 26-3-7-34 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 34. (a) A person who knowingly or intentionally violates or fails to comply with this chapter commits a Class A misdemeanor. Each day a person violates this chapter constitutes a separate violation.
    (b) A person who knowingly or intentionally issues a receipt or ticket, knowing that the grain for which the receipt or ticket is issued has not been actually received at the licensed warehouse, commits a Class A misdemeanor. A person who issues a duplicate, or additional negotiable receipt for grain, knowing that a former negotiable receipt for the same grain or any part of the grain is outstanding and uncancelled, except in the case of a lost, stolen, or destroyed receipt, as provided in section 24 of this chapter, commits a Class A misdemeanor. A person who fraudulently represents, alters, or counterfeits any license provided for in this chapter commits a Class D Level 6 felony.
    (c) Except in case of sale or other disposition of the grain in lawful enforcement of the lien on grain that attaches under this chapter or on a licensee's lawful termination of storage, shipping, or handling agreements, or except as permitted by the rules adopted by the director under IC 4-22-2 to effectuate the purposes of this chapter:
        (1) a person who knowingly or intentionally delivers grain out of a licensed facility, knowing that a negotiable receipt, the negotiation of which would transfer the right of possession of the grain is outstanding and uncancelled, without obtaining the possession of the receipt at or before the time of delivery, commits a Class D Level 6 felony; and
        (2) a person who knowingly or intentionally delivers grain out of a licensed facility, knowing that a non-negotiable receipt or ticket is outstanding and uncancelled, without the prior written approval of the person lawfully entitled to delivery under the non-negotiable receipt or ticket and without delivery being shown on the appropriate records of the licensee, commits a Class D Level 6 felony.
    (d) A person who fraudulently issues a receipt, a ticket, or a weight

or grade certificate, knowing that it contains a false statement, or who issues a receipt for grain owned solely or jointly by the person and does not state the fact of the person's ownership in the receipt, commits a Class A misdemeanor.
    (e) A person who recklessly changes a receipt or ticket subsequent to issuance, except for notation by the licensee of partial delivery, commits a Class B misdemeanor.
    (f) A person who knowingly or intentionally deposits grain to which the person does not have title or upon which there is a lien or mortgage and who accepts for the grain a receipt or ticket, without disclosing the lack of title or the existence of the lien or mortgage, commits a Class D Level 6 felony.
    (g) A person commits a Class A misdemeanor who knowingly or intentionally:
        (1) engages in the business of being a grain buyer or operates a warehouse without a valid license issued by the director;
        (2) engages in the business of being a grain buyer or operates a warehouse without a sufficient cash deposit, letter of credit, or surety bond on file with and in a form approved by the director; or
        (3) engages in the business of being a grain buyer or operates a warehouse while in violation of the rules adopted by the director.
    (h) A person commits a Class A misdemeanor who willfully makes or causes to be made a false entry or statement of fact in an application or report filed with the director.
    (i) A person who is not in compliance with section 3(a)(11) of this chapter may be subject to a fine imposed by the agency of not more than twenty thousand dollars ($20,000), or the suspension of the grain buyer's license for not more than five (5) years, or both.
    (j) The director may suspend or revoke the license of a licensee that uses an unlicensed facility to store or handle grain or commits another violation of this chapter.
    SECTION 296. IC 27-1-3-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 20. (a) The commissioner may issue a certificate of authority to any company when it shall have complied with the requirements of the laws of this state so as to entitle it to do business herein. The certificate shall be issued under the seal of the department authorizing and empowering the company to make the kind or kinds of insurance specified in the

certificate. No certificate of authority shall be issued until the commissioner has found that:
        (1) the company has submitted a sound plan of operation; and
        (2) the general character and experience of the incorporators, directors, and proposed officers is such as to assure reasonable promise of a successful operation, based on the fact that such persons are of known good character and that there is no good reason to believe that they are affiliated, directly or indirectly, through ownership, control, management, reinsurance transactions, or other insurance or business relations with any person or persons known to have been involved in the improper manipulation of assets, accounts, or reinsurance.
No certificate of authority shall be denied, however, under subdivision (1) or (2) until notice, hearing, and right of appeal has been given as provided in IC 4-21.5.
    (b) Every company possessing a certificate of authority shall notify the commissioner of the election or appointment of every new director or principal officer, within thirty (30) days thereafter. If in the commissioner's opinion such a new principal officer or director does not meet the standards set forth in this section, he the commissioner shall request that the company effect the removal of such persons from office. If such removal is not accomplished as promptly as under the circumstances and in the opinion of the commissioner is possible, then upon notice to both the company and such principal officer or director and after notice, hearing, and right of appeal pursuant to IC 4-21.5, and after a finding that such person is incompetent or untrustworthy or of known bad character, the commissioner may order the removal of such person from office and may, unless such removal is promptly accomplished, suspend the company's certificate of authority until there is compliance with such order.
    (c) No company shall transact any business of insurance or hold itself out as a company in the business of insurance in Indiana until it shall have received a certificate of authority as prescribed in this section.
    (d) No company shall make, issue, deliver, sell, or advertise any kind or kinds of insurance not specified in the company's certificate of authority.
    (e) Notwithstanding IC 27-1-2-4, a director or officer of a company who knowingly, intentionally, or recklessly violates subsection (c) or

(d) commits a Class D Level 6 felony.
    (f) The commissioner shall impose a civil penalty of not more than twenty-five thousand dollars ($25,000) on a director or officer of a company that violates subsection (c) or (d). The amount imposed must be proportionate to the costs incurred by the department of insurance, other governmental entities, and the courts in regulating the activity of the director, officer, or company who violates subsection (c) or (d). A civil penalty imposed under this subsection may be enforced in the same manner as a civil judgment.
    SECTION 297. IC 27-5.1-2-39 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 39. A director, an officer, a member, an insurance producer, or an employee of a farm mutual insurance company who knowingly or intentionally, directly or indirectly, uses or employs, or allows another person to use or employ, money, funds, securities, or assets of the farm mutual insurance company for private profit or gain commits a Class C Level 5 felony.
    SECTION 298. IC 27-10-4-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. A bail agent who knowingly or intentionally executes a bail bond without collecting in full a premium for the bail bond, at the premium rate as filed with and approved by the commissioner, commits a Class D Level 6 felony.
    SECTION 299. IC 27-10-4-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. (a) A person may not give or receive anything of value in exchange for the apprehension or surrender of a defendant unless the payment is made:
        (1) to a law enforcement agency for actual expenses incurred in the apprehension or surrender, or both, of the defendant, or other lawful fees; or
        (2) to a bail agent or recovery agent properly licensed under this article.
    (b) A bail agent or recovery agent who knowingly or intentionally gives or offers to give anything of value to any law enforcement officer, officer of the court, or other public servant, except as permitted by subsection (a), commits a Class D Level 6 felony.
    (c) A person who recklessly violates this section, except as provided in subsection (b), commits a Class B misdemeanor.
    SECTION 300. IC 28-5-1-8, AS AMENDED BY P.L.217-2007, SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) Except as otherwise provided in subsections

(c), (d), and (e), the total obligation of any person, firm, limited liability company, or corporation to any industrial loan and investment company shall at no time exceed fifteen percent (15%) of the amount of the capital and surplus of the company.
    (b) The term "obligations" as used in this section means the direct liability of the maker or acceptor of paper discounted with or sold to any such company, and the liability of the indorser, drawer or guarantor who obtains a loan from, or discounts paper with or sells paper under the person's guaranty to any such company, and, in the case of obligations of a copartnership or association, includes only those obligations of the several members thereof directly related to the copartnership or association, and, in the case of obligations of a corporation, includes all obligations of all subsidiaries thereof in which such corporation owns or controls a majority interest.
    (c) Subsection (a) does not apply to the following:
        (1) Obligations arising out of the discount of commercial or business paper actually owned by the person, firm, limited liability company, or corporation negotiating such paper.
        (2) Obligations of the United States or any instrumentality thereof or of this state, or of any municipal corporation or taxing district thereof, or obligations fully insured by the federal housing administrator as to principal; however, the department may, under such rules and regulations as it may prescribe, limit the total amount that may be invested by any industrial loan and investment company in any one (1) obligation or in any class of obligations described in subdivisions (1) and (2).
        (3) Obligations arising out of the agreement to repurchase, or the guaranty or endorsement of, retail installment sales contracts by a retail seller or subsequent assignee. However, this subdivision does not apply in any case where such company purchasing such paper does not become the absolute owner, or in any case where installment payments are collected by a prior owner of the paper, or by a retail seller of the goods represented thereby.
        (4) Obligations arising out of the agreement to repurchase, or the guaranty or indorsement of, title-retaining real estate installment sales contracts by a seller, or subsequent assignees; however, this subdivision does not apply in any case where such company purchasing such contracts does not become the absolute owner, or in any case where installment payments are collected by a prior

owner of the contracts or by a seller of such contracts.
        (5) Obligations of the borrower arising out of loans in which the borrower has no personal liability but which are secured by bailment leases or the rentals due and to become due thereunder; and the rights of the lessor in said leases and the property being leased thereunder, and which loans are to be repaid out of said rentals due and to become due under said leases; or obligations arising out of the guaranty, endorsement, or assignment of bailment leases or the rentals due and to become due thereunder by the lessor. However, this subdivision does not apply in any such case where such company does not have the right or does not actually collect the rentals due or to become due thereunder.
    (d) Obligations to an industrial loan and investment company of any subsidiary or subsidiaries of the company engaged in business for the purpose provided in section 6(a)(15) of this chapter shall at no time exceed in the case of one (1) subsidiary ten percent (10%) of the capital and surplus of the company or, in the case of more than one (1) subsidiary, in the aggregate twenty percent (20%) of the capital and surplus of the company unless in either case the department shall approve a larger percentage.
    (e) Obligations to an industrial loan and investment company of any subsidiary or subsidiaries of the company engaged in business for the purpose provided in section 6(a)(14) of this chapter shall at no time exceed in the aggregate thirty percent (30%) of the amount of the capital and surplus of the company or such larger sum as the department may approve.
    (f) Except as otherwise provided in this subsection and in section 9 of this chapter, no loan shall be made, directly or indirectly, by any industrial loan and investment company, to any active executive officer, agent, or employee thereof. The board of directors or executive committee of any industrial loan and investment company may, by resolution, duly entered in the records of the proceedings of the board or committee, authorize loans to or extend lines of credit to:
        (1) any active executive officer, agent, or employee of such industrial loan and investment company in any amount not exceeding, at any one (1) time outstanding:
            (A) ten thousand dollars ($10,000); plus
            (B) ten thousand dollars ($10,000) which may be used for the sole purpose of educating the children of such active executive

officer, agent, or employee as hereinafter provided; or
        (2) directors not holding any office in such industrial loan and investment company, and not acting as an agent or employee thereof.
The board or committee may likewise authorize loans to or extend lines of credit to firms, limited liability companies, or corporations in which active executive officers, agents or employees or directors may be partners, members, or stockholders, but the total amount of the obligations of all such active executive officers, agents, or employees, and directors, or other firms, limited liability companies, or corporations in which such active executive officers, agents, employees, and directors are partners, members, or stockholders, shall not at any time exceed fifteen percent (15%) of the total resources of the industrial loan and investment company at the time any such loan or extension of credit is made. Loans and lines of credit permitted by this subsection shall be made only on authorization by a majority of all of the directors or members of the executive committee of such industrial loan and investment company, and by the affirmative vote of all directors or members of the executive committee present at the meeting, and such authorization may be general and need not be given for each loan or line of credit extended. However, such general authorization shall be voted upon at least annually. When a line of credit has been extended pursuant to this subsection to any such active executive officer, agent, or employee or to any such director, or to any firm, corporation, limited liability company, or partnership in which an active executive officer, agent, employee, or director may be a partner, member, or stockholder, any notes or other instruments evidencing an indebtedness to the industrial loan and investment company, and any renewals or extensions thereof, need not be authorized as otherwise required by this subsection if such loan, or any renewal or any extension thereof, is within the terms of the authorization of the line of credit theretofore extended by the directors or executive committee to such active executive officer, agent, or employee, or to such director, or to any firm, corporation, limited liability company, or partnership in which any active executive officer, agent, employee, or director may be a partner, member or stockholder. The department, under such general rules and regulations as it may prescribe, which shall apply to all industrial loan and investment companies alike, may require full collateral security for all loans of the types permitted by this subsection

and, for the purpose of providing that such security may be adequate, may specify the types thereof that may be pledged. Subject to section 9 of this chapter, the limitations of this subsection shall not apply to a loan by an industrial loan and investment company to an active executive officer, agent, or employee thereof made upon the security of real estate whereupon such active executive officer, agent, or employee maintains the person's actual residence. The term "actual residence" includes a two (2) family dwelling unit if one (1) of such units is occupied by the active executive officer, agent, or employee of the industrial loan and investment company.
    (g) An officer or director of any industrial loan and investment company who knowingly violates subsection (f) commits a Class B Level 4 felony.
    SECTION 301. IC 28-8-4-58 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 58. (a) A person who knowingly or intentionally violates a provision of this chapter for which a penalty is not specifically provided commits a Class A misdemeanor.
    (b) A person who knowingly or intentionally makes a material, false statement in a document filed or required to be filed under this chapter, with the intent to deceive the recipient of the document, commits a Class C Level 5 felony.
    (c) A person who knowingly or intentionally fails to file a document required to be filed under this chapter commits a Class C Level 5 felony.
    SECTION 302. IC 28-11-4-11, AS AMENDED BY P.L.35-2010, SECTION 203, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. An individual who:
        (1) is suspended or prohibited from participating in the conduct of the affairs of a financial institution under section 6 or 7 of this chapter; and
        (2) after the suspension or prohibition knowingly or intentionally participates, directly or indirectly, in the management of the financial institution;
commits a Class D Level 6 felony.
    SECTION 303. IC 29-3-7-7, AS ADDED BY P.L.131-2009, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. A court may not appoint a person to serve as the guardian or permit a person to continue to serve as a guardian if the person:


        (1) is a sexually violent predator (as described in IC 35-38-1-7.5);
        (2) was at least eighteen (18) years of age at the time of the offense and was convicted of child molesting (IC 35-42-4-3) or sexual misconduct with a minor (IC 35-42-4-9) against a child less than sixteen (16) years of age:
            (A) by using or threatening the use of deadly force;
            (B) while armed with a deadly weapon; or
            (C) that resulted in serious bodily injury; or
        (3) was less than eighteen (18) years of age at the time of the offense and was convicted as an adult of:
            (A) an offense described in:
                (i) IC 35-42-4-1;
                (ii) IC 35-42-4-2 (repealed);
                (iii) IC 35-42-4-3 as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2 or Level 4 felony (for crimes committed after June 30, 2014);
                (iv) IC 35-42-4-5(a)(1);
                (v) IC 35-42-4-5(a)(2);
                (vi) IC 35-42-4-5(a)(3);
                (vii) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);
                (viii) IC 35-42-4-5(b)(2); or
                (ix) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);
            (B) an attempt or conspiracy to commit a crime listed in clause (A); or
            (C) a crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) and (B).
    SECTION 304. IC 30-2-9-7, AS AMENDED BY P.L.61-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. (a) Except as provided in subsection (b) or (c), a person who violates this chapter or makes any false and fraudulent report required under this chapter commits a Class B misdemeanor.
    (b) A person who knowingly or intentionally uses or disburses funds

in a funeral trust established under this chapter for purposes other than the purposes required under this chapter commits a Class C Level 5 felony.
    (c) Except as authorized in an agreement described in section 4 of this chapter permitting the early withdrawal of funds, a trustee that disburses funds in a funeral trust established under this chapter without verifying:
        (1) the death of the individual for whom services are to be provided under the contract; and
        (2) that the beneficiary fully performed all funeral and burial services provided for in the contract;
through the use of documentation required under rules adopted by the state board of funeral and cemetery service established by IC 25-15-9-1 commits a Class A infraction.
    SECTION 305. IC 30-2-10-9, AS AMENDED BY P.L.1-2009, SECTION 152, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. (a) Except as provided in subsections (b) and (c), a person who knowingly violates this chapter commits a Class A misdemeanor.
    (b) A person who knowingly or intentionally uses or disburses funds in a funeral trust established under this chapter for purposes other than the purposes required under this chapter commits a Class C Level 5 felony.
    (c) A trustee that disburses funds in a funeral trust established under this chapter without verifying:
        (1) the death of the individual for whom services are to be provided under the contract; and
        (2) that the beneficiary fully performed all funeral and burial services provided for in the contract;
through the use of documentation required under rules adopted by the state board of funeral and cemetery service established by IC 25-15-9-1 commits a Class A infraction.
    SECTION 306. IC 30-2-13-38, AS AMENDED BY P.L.143-2009, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 38. (a) A seller who violates a provision of this chapter commits an uncured deceptive act (as defined in IC 24-5-0.5-2).
    (b) A person doing business as a sole proprietor, a firm, a limited liability company, a corporation, an association, or a partnership, but

not acting as a seller that:
        (1) sells or advertises prepaid services or merchandise or services or merchandise (as defined in section 8 of this chapter) and fails to obtain the certificate of authority required by section 33 of this chapter; or
        (2) sells or advertises prepaid services or merchandise or services or merchandise (as defined in section 8 of this chapter) after the entity's certificate of authority has:
            (A) expired; or
            (B) been rescinded, revoked, or suspended by the board;
commits a Class A misdemeanor. Each act committed in violation of this subsection constitutes a separate offense.
    (c) The following may maintain an action to enjoin an individual or entity from continuing to violate this section:
        (1) The board.
        (2) The attorney general.
        (3) The prosecuting attorney of a county in which a violation occurs.
    (d) A purchaser has a private right of action against a seller who commits an uncured deceptive act.
    (e) A trustee or escrow agent, acting as a fiduciary, that disburses funds in a trust or escrow account established under this chapter without verifying that the seller has delivered the services or merchandise for which the funds were deposited through the use of documentation required under rules adopted by the state board of funeral and cemetery service established by IC 25-15-9-1 commits a Class A infraction.
    (f) A person who knowingly or intentionally uses or disburses funds in a trust or escrow account established under this chapter for purposes other than the purposes required under this chapter commits a Class C Level 5 felony.
    SECTION 307. IC 31-11-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person who knowingly furnishes false information to a clerk of the circuit court when the person applies for a marriage license under IC 31-11-4 commits a Class D Level 6 felony.
    SECTION 308. IC 31-11-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. A person who knowingly furnishes false information in a verified written consent

under IC 31-11-2 commits a Class D Level 6 felony.
    SECTION 309. IC 31-11-11-3, AS AMENDED BY P.L.41-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. An applicant for a marriage license who knowingly furnishes false information concerning the applicant's physical condition to the clerk of a circuit court commits a Class D Level 6 felony.
    SECTION 310. IC 31-19-9-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 10. A court shall determine that consent to adoption is not required from a parent if:
        (1) the parent is convicted of and incarcerated at the time of the filing of a petition for adoption for:
            (A) murder (IC 35-42-1-1);
            (B) causing suicide (IC 35-42-1-2);
            (C) voluntary manslaughter (IC 35-42-1-3);
            (D) rape (IC 35-42-4-1);
            (E) criminal deviate conduct (IC 35-42-4-2) (repealed);
            (F) child molesting (IC 35-42-4-3) as a:
                 (i) Class A or Class B felony, (IC 35-42-4-3); for a crime committed before July 1, 2014; or
                (ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014;

            (G) incest (IC 35-46-1-3) as a:
                 (i) Class B felony, (IC 35-46-1-3); for a crime committed before July 1, 2014; or
                (ii) Level 4 felony, for a crime committed after June 30, 2014);

            (H) neglect of a dependent (IC 35-46-1-4) as a:
                 (i) Class B felony, (IC 35-46-1-4); for a crime committed before July 1, 2014; or
                (ii) Level 1 or Level 3 felony, for a crime committed after June 30, 2014;

            (I) battery (IC 35-42-2-1) of a child as a:
                 (i) Class C felony, (IC 35-42-2-1(a)(3)); for a crime committed before July 1, 2014; or
                (ii) Level 5 felony, for a crime committed after June 30, 2014);

            (J) battery (IC 35-42-2-1) as a:
                 (i) Class A felony (IC 35-42-2-1(a)(5)) or Class B felony,

(IC 35-42-2-1(a)(4)); for a crime committed before July 1, 2014; or
                (ii) Level 2 or Level 3 felony, for a crime committed after June 30, 2014);
or
            (K) an attempt under IC 35-41-5-1 to commit an offense described in clauses (A) through (J);
        (2) the child or the child's sibling, half-blood sibling, or step-sibling of the parent's current marriage is the victim of the offense; and
        (3) after notice to the parent and a hearing, the court determines that dispensing with the parent's consent to adoption is in the child's best interests.
    SECTION 311. IC 31-19-11-1, AS AMENDED BY P.L.128-2012, SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) Whenever the court has heard the evidence and finds that:
        (1) the adoption requested is in the best interest of the child;
        (2) the petitioner or petitioners for adoption are of sufficient ability to rear the child and furnish suitable support and education;
        (3) the report of the investigation and recommendation under IC 31-19-8-5 has been filed;
        (4) the attorney or agency arranging an adoption has filed with the court an affidavit prepared by the state department of health under IC 31-19-5-16 indicating whether a man is entitled to notice of the adoption because the man has registered with the putative father registry in accordance with IC 31-19-5;
        (5) proper notice arising under subdivision (4), if notice is necessary, of the adoption has been given;
        (6) the attorney or agency has filed with the court an affidavit prepared by the state department of health under:
            (A) IC 31-19-6 indicating whether a record of a paternity determination; or
            (B) IC 16-37-2-2(g) indicating whether a paternity affidavit executed under IC 16-37-2-2.1;
        has been filed in relation to the child;
        (7) proper consent, if consent is necessary, to the adoption has been given;
        (8) the petitioner for adoption is not prohibited from adopting the

child as the result of an inappropriate criminal history described in subsection (c) or (d); and
        (9) the person, licensed child placing agency, or local office that has placed the child for adoption has provided the documents and other information required under IC 31-19-17 to the prospective adoptive parents;
the court shall grant the petition for adoption and enter an adoption decree.
    (b) A court may not grant an adoption unless the state department of health's affidavit under IC 31-19-5-16 is filed with the court as provided under subsection (a)(4).
    (c) A juvenile adjudication for an act listed in subdivisions (1) through (21) that would be a felony if committed by an adult, a conviction of a misdemeanor related to the health and safety of a child, or a conviction of a felony not listed in subdivisions (1) through (21) by a petitioner for adoption is a permissible basis for the court to deny the petition for adoption. In addition, the court may not grant an adoption if a petitioner for adoption has been convicted of any of the felonies described as follows:
        (1) Murder (IC 35-42-1-1).
        (2) Causing suicide (IC 35-42-1-2).
        (3) Assisting suicide (IC 35-42-1-2.5).
        (4) Voluntary manslaughter (IC 35-42-1-3).
        (5) Reckless homicide (IC 35-42-1-5).
        (6) Battery as a felony (IC 35-42-2-1).
        (7) Domestic battery (IC 35-42-2-1.3).
        (8) Aggravated battery (IC 35-42-2-1.5).
        (9) Kidnapping (IC 35-42-3-2).
        (10) Criminal confinement (IC 35-42-3-3).
        (11) A felony sex offense under IC 35-42-4.
        (12) Carjacking (IC 35-42-5-2) (repealed).
        (13) Arson (IC 35-43-1-1).
        (14) Incest (IC 35-46-1-3).
        (15) Neglect of a dependent (IC 35-46-1-4(a)(1) and IC 35-46-1-4(a)(2)).
        (16) Child selling (IC 35-46-1-4(d)).
        (17) A felony involving a weapon under IC 35-47 or IC 35-47.5.
        (18) A felony relating to controlled substances under IC 35-48-4.
        (19) An offense relating to material or a performance that is

harmful to minors or obscene under IC 35-49-3.
        (20) A felony under IC 9-30-5.
        (21) A felony under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through (20).
However, the court is not prohibited from granting an adoption based upon a felony conviction under subdivision (6), (10), (12), (13), (17), (18), or (20) or its equivalent under subdivision (21), if the date of the conviction did not occur within the immediately preceding five (5) year period.
    (d) A court may not grant an adoption if the petitioner is a sex or violent offender (as defined in IC 11-8-8-5) or a sexually violent predator (as defined in IC 35-38-1-7.5).
    SECTION 312. IC 31-19-29-5, AS AMENDED BY P.L.128-2012, SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) A child with special needs resident in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing in the local office for the county in which the child resides of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with rules of the department, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.
    (b) The department shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
    (c) The department shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive

parents. The department shall adopt rules implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection shall be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence state. Among other things, such rules shall include procedures to be followed in obtaining prior approvals for services in those instances where required for the assistance.
    (d) A person who submits any claim for payment or reimbursement for services or benefits pursuant to this section or makes any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading, or fraudulent commits a Class D Level 6 felony.
    (e) The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the laws and procedures applicable thereto.
    SECTION 313. IC 31-27-4-13, AS AMENDED BY P.L.128-2012, SECTION 110, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 13. (a) The department shall deny a license when an applicant fails to meet the requirements for a license. The department shall deny a license to an applicant who has been convicted of any of the following felonies:
        (1) Murder (IC 35-42-1-1).
        (2) Causing suicide (IC 35-42-1-2).
        (3) Assisting suicide (IC 35-42-1-2.5).
        (4) Voluntary manslaughter (IC 35-42-1-3).
        (5) Reckless homicide (IC 35-42-1-5).
        (6) Battery (IC 35-42-2-1) within the past five (5) years.
        (7) Domestic battery (IC 35-42-2-1.3).
        (8) Aggravated battery (IC 35-42-2-1.5).
        (9) Kidnapping (IC 35-42-3-2).
        (10) Criminal confinement (IC 35-42-3-3) within the past five (5) years.
        (11) A felony sex offense under IC 35-42-4.
        (12) Carjacking (IC 35-42-5-2) (repealed) within the past five (5)

years.
        (13) Arson (IC 35-43-1-1) within the past five (5) years.
        (14) Incest (IC 35-46-1-3).
        (15) Neglect of a dependent (IC 35-46-1-4(a)(1) and IC 35-46-1-4(a)(2)).
        (16) Child selling (IC 35-46-1-4(d)).
        (17) A felony involving a weapon under IC 35-47 or IC 35-47.5 within the past five (5) years.
        (18) A felony relating to controlled substances under IC 35-48-4 within the past five (5) years.
        (19) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3.
        (20) A felony under IC 9-30-5.
        (21) A felony that is substantially equivalent to a felony listed in subdivisions (1) through (20) for which the conviction was entered in another state.
    (b) The department may deny a license to an applicant who:
        (1) has been convicted of a felony that is not listed in subsection (a); or
        (2) has had a juvenile adjudication for an act listed in subsection (a) that, if committed by an adult, would be a felony.
    (c) The department shall send written notice by certified mail that the application has been denied and give the reasons for the denial.
    (d) An administrative hearing concerning the denial of a license shall be provided upon written request by the applicant. The request must be made not more than thirty (30) days after receiving the written notice under subsection (c).
    (e) An administrative hearing shall be held in accordance with IC 4-21.5-3.
    SECTION 314. IC 31-30-1-2.5, AS AMENDED BY P.L.131-2009, SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.5. A juvenile court may not appoint a person to serve as the guardian or custodian of a child or permit a person to continue to serve as a guardian or custodian of a child if the person:
        (1) is a sexually violent predator (as described in IC 35-38-1-7.5);
        (2) was at least eighteen (18) years of age at the time of the offense and committed child molesting (IC 35-42-4-3) or sexual misconduct with a minor (IC 35-42-4-9) against a child less than sixteen (16) years of age:


            (A) by using or threatening the use of deadly force;
            (B) while armed with a deadly weapon; or
            (C) that resulted in serious bodily injury; or
        (3) was less than eighteen (18) years of age at the time of the offense but was tried and convicted as an adult of:
            (A) an offense described in:
                (i) IC 35-42-4-1;
                (ii) IC 35-42-4-2 (repealed);
                (iii) IC 35-42-4-3 as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, or Level 3 felony (for crimes committed after June 30, 2014);
                (iv) IC 35-42-4-5(a)(1);
                (v) IC 35-42-4-5(a)(2);
                (vi) IC 35-42-4-5(a)(3);
                (vii) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);
                (viii) IC 35-42-4-5(b)(2); or
                (ix) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, or Level 3 felony (for crimes committed after June 30, 2014);
            (B) an attempt or conspiracy to commit a crime listed in clause (A); or
            (C) a crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) and (B).
    SECTION 315. IC 31-30-1-4, AS AMENDED BY P.L.67-2008, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. (a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:
        (1) IC 35-41-5-1(a) (attempted murder);
        (2) IC 35-42-1-1 (murder);
        (3) IC 35-42-3-2 (kidnapping);
        (4) IC 35-42-4-1 (rape);
        (5) IC 35-42-4-2 (criminal deviate conduct) (repealed);
        (6) IC 35-42-5-1 (robbery) if:
            (A) the robbery was committed while armed with a deadly weapon; or
            (B) the robbery results in bodily injury or serious bodily injury;
        (7) IC 35-42-5-2 (carjacking) (repealed);
        (8) IC 35-45-9-3 (criminal gang activity);
        (9) IC 35-45-9-4 (criminal gang intimidation);
        (10) IC 35-47-2-1 (carrying a handgun without a license), if charged as a felony;
        (11) IC 35-47-10 (children and firearms), if charged as a felony;
        (12) IC 35-47-5-4.1 (dealing in a sawed-off shotgun); or
        (13) any offense that may be joined under IC 35-34-1-9(a)(2) with any crime listed in subdivisions (1) through (12);
if the individual was at least sixteen (16) years of age at the time of the alleged violation.
    (b) The juvenile court does not have jurisdiction for an alleged violation of manufacturing or dealing in cocaine or a narcotic drug (IC 35-48-4-1), dealing in methamphetamine (IC 35-48-4-1.1), dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2), or dealing in a schedule IV controlled substance (IC 35-48-4-3), if:
        (1) the individual has a prior unrelated conviction under IC 35-48-4-1, IC 35-48-4-1.1, IC 35-48-4-2, or IC 35-48-4-3; or
        (2) the individual has a prior unrelated juvenile adjudication that, if committed by an adult, would be a crime under IC 35-48-4-1, IC 35-48-4-1.1, IC 35-48-4-2, or IC 35-48-4-3;
and the individual was at least sixteen (16) years of age at the time of the alleged violation.
    (c) Once an individual described in subsection (a) or (b) has been charged with any crime listed in subsection (a) or (b), the court having adult criminal jurisdiction shall retain jurisdiction over the case even if the individual pleads guilty to or is convicted of a lesser included offense. A plea of guilty to or a conviction of a lesser included offense does not vest jurisdiction in the juvenile court.
    SECTION 316. IC 31-30-3-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. Except for those cases in which the juvenile court has no jurisdiction in accordance with IC 31-30-1-4, the court shall, upon motion of the prosecuting attorney and after full investigation and hearing, waive jurisdiction if it finds that:
        (1) the child is charged with an act that, if committed by an adult, would be:
            (A) a Class A or Class B Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony, except a felony defined by IC 35-48-4;
            (B) involuntary manslaughter as a Class C Level 5 felony under IC 35-42-1-4; or
            (C) reckless homicide as a Class C Level 5 felony under IC 35-42-1-5;
        (2) there is probable cause to believe that the child has committed the act; and
        (3) the child was at least sixteen (16) years of age when the act charged was allegedly committed;
unless it would be in the best interests of the child and of the safety and welfare of the community for the child to remain within the juvenile justice system.
    SECTION 317. IC 31-33-1-2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. When confronted with a potential case of child abuse or neglect, a judge who wishes to contact the department shall first use the child abuse hotline to report the suspected child abuse or neglect to the department. If the:
        (1) judge does not obtain a response from the child abuse hotline; or
        (2) response the judge obtains from the hotline will not, in the opinion of the judge, serve the best interests of the child;
the judge may contact a local office of the department directly to report the suspected child abuse or neglect.

    SECTION 318. IC 31-33-22-3, AS AMENDED BY P.L.131-2009, SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) A person who intentionally communicates to:
        (1) a law enforcement agency; or
        (2) the department;
a report of child abuse or neglect knowing the report to be false commits a Class A misdemeanor. However, the offense is a Class D Level 6 felony if the person has a previous unrelated conviction for making a report of child abuse or neglect knowing the report to be

false.
    (b) A person who intentionally communicates to:
        (1) a law enforcement agency; or
        (2) the department;
a report of child abuse or neglect knowing the report to be false is liable to the person accused of child abuse or neglect for actual damages. The finder of fact may award punitive damages and attorney's fees in an amount determined by the finder of fact against the person.
    (c) The director or the director's designee shall, after review by the department's attorney, notify the prosecuting attorney whenever the director or the director's designee and the department's attorney have reason to believe that a person has violated this section.
    (d) A person who:
        (1) has reason to believe that the person is a victim of a false report of child abuse or neglect under this section; and
        (2) is not named in a pending criminal charge or under assessment relating to the report;
may file a complaint with the prosecuting attorney. The prosecuting attorney shall review the relevant child abuse or neglect records of the department and any other relevant evidence.
    SECTION 319. IC 31-34-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A child is a child in need of services if, before the child becomes eighteen (18) years of age:
        (1) the child is the victim of a sex offense under:
            (A) IC 35-42-4-1;
            (B) IC 35-42-4-2 (repealed);
            (C) IC 35-42-4-3;
            (D) IC 35-42-4-4;
            (E) IC 35-42-4-7;
            (F) IC 35-42-4-9;
            (G) IC 35-45-4-1;
            (H) IC 35-45-4-2;
            (I) IC 35-46-1-3; or
            (J) the law of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) through (I); and
        (2) the child needs care, treatment, or rehabilitation that:
            (A) the child is not receiving; and


            (B) is unlikely to be provided or accepted without the coercive intervention of the court.
    (b) A child is a child in need of services if, before the child becomes eighteen (18) years of age:
        (1) the child lives in the same household as another child who is the victim of a sex offense under:
            (A) IC 35-42-4-1;
            (B) IC 35-42-4-2 (repealed);
            (C) IC 35-42-4-3;
            (D) IC 35-42-4-4;
            (E) IC 35-42-4-7;
            (F) IC 35-42-4-9;
            (G) IC 35-45-4-1;
            (H) IC 35-45-4-2;
            (I) IC 35-46-1-3; or
            (J) the law of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) through (I);
        (2) the child lives in the same household as the adult who:
             (A) committed the sex offense under subdivision (1) and the sex offense resulted in a conviction or a judgment under IC 31-34-11-2; or
            (B) has been charged with a sex offense listed in subdivision (1) and is awaiting trial;

        (3) the child needs care, treatment, or rehabilitation that:
            (A) the child is not receiving; and
            (B) is unlikely to be provided or accepted without the coercive intervention of the court; and
        (4) a caseworker assigned to provide services to the child:
            (A) places the child in a program of informal adjustment or other family or rehabilitative services based upon the existence of the circumstances described in subdivisions (1) and (2) and the assigned caseworker subsequently determines further intervention is necessary; or
            (B) determines that a program of informal adjustment or other family or rehabilitative services is inappropriate.
    SECTION 320. IC 31-34-2.3-8, AS ADDED BY P.L.52-2007, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. An alleged perpetrator of child abuse who

knowingly or intentionally returns to a child's residence in violation of a child protective order issued under section 2 or 5 of this chapter commits a Class A misdemeanor. However, the offense is a Class D Level 6 felony if the alleged perpetrator has a prior unrelated conviction under this section.
    SECTION 321. IC 31-34-4-2, AS AMENDED BY P.L.128-2012, SECTION 159, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) If a child alleged to be a child in need of services is taken into custody under an order of the court under this chapter and the court orders out-of-home placement, the department is responsible for that placement and care and must consider placing the child with a:
        (1) suitable and willing blood or an adoptive relative caretaker, including a grandparent, an aunt, an uncle, or an adult sibling;
        (2) de facto custodian; or
        (3) stepparent;
before considering any other out-of-home placement.
    (b) Before the department places a child in need of services with a blood relative or an adoptive relative caretaker, a de facto custodian, or a stepparent, the department shall complete an evaluation based on a home visit of the relative's home.
    (c) Except as provided in subsection (e), before placing a child in need of services in an out-of-home placement, including placement with a blood or an adoptive relative caretaker, a de facto custodian, or a stepparent, the department shall conduct a criminal history check of each person who is currently residing in the location designated as the out-of-home placement.
    (d) Except as provided in subsection (f), the department may not make an out-of-home placement if a person described in subsection (c) has:
        (1) committed an act resulting in a substantiated report of child abuse or neglect; or
        (2) been convicted of a felony listed in IC 31-27-4-13 or had a juvenile adjudication for an act that would be a felony listed in IC 31-27-4-13 if committed by an adult.
    (e) The department is not required to conduct a criminal history check under subsection (c) if the department makes an out-of-home placement to an entity or a facility that is not a residence (as defined in IC 3-5-2-42.5) or that is licensed by the state.


    (f) A court may order or the department may approve an out-of-home placement if:
        (1) a person described in subsection (c) has:
            (A) committed an act resulting in a substantiated report of child abuse or neglect;
            (B) been convicted of:
                (i) battery (IC 35-42-2-1) as a felony;
                (ii) criminal confinement (IC 35-42-3-3) as a felony;
                (iii) carjacking (IC 35-42-5-2) (repealed) as a felony;
                (iv) arson (IC 35-43-1-1) as a felony;
                (v) a felony involving a weapon under IC 35-47 or IC 35-47.5;
                (vi) a felony relating to controlled substances under IC 35-48-4;
                (vii) a felony under IC 9-30-5; or
                (viii) a felony that is substantially equivalent to a felony listed in items (i) through (vii) for which the conviction was entered in another state;
            if the conviction did not occur within the past five (5) years; or
            (C) had a juvenile adjudication for an act listed in IC 31-27-4-13(a) that, if committed by an adult, would be a felony; and
        (2) the person's commission of the offense, delinquent act, or act of abuse or neglect described in subdivision (1) is not relevant to the person's present ability to care for a child, and the placement is in the best interest of the child.
However, a court or the department may not make an out-of-home placement if the person has been convicted of a felony listed in IC 31-27-4-13 that is not specifically excluded under subdivision (1)(B).
    (g) In considering the placement under subsection (f), the court or the department shall consider the following:
        (1) The length of time since the person committed the offense, delinquent act, or abuse or neglect.
        (2) The severity of the offense, delinquent act, or abuse or neglect.
        (3) Evidence of the person's rehabilitation, including the person's cooperation with a treatment plan, if applicable.
    SECTION 322. IC 31-34-20-1.5, AS AMENDED BY P.L.128-2012, SECTION 165, IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2014]: Sec. 1.5. (a) Except as provided in subsection (d), the juvenile court may not enter a dispositional decree approving or ordering placement of a child in another home under section 1(a)(3) of this chapter or awarding wardship to the department that will place the child in another home under section 1(a)(4) of this chapter if a person who is currently residing in the home in which the child would be placed under section 1(a)(3) or 1(a)(4) of this chapter has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a felony listed in IC 31-27-4-13 if committed by an adult, or has a conviction for a felony listed in IC 31-27-4-13.
    (b) The department or caseworker who prepared the predispositional report shall conduct a criminal history check (as defined in IC 31-9-2-22.5) to determine if a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a felony listed in IC 31-27-4-13 if committed by an adult, or has a conviction for a felony listed in IC 31-27-4-13. However, the department or caseworker is not required to conduct a criminal history check under this section if criminal history information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes whether a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a felony listed in IC 31-27-4-13(a) if committed by an adult, or has a conviction for a felony listed in IC 31-27-4-13(a).
    (c) The department or caseworker is not required to conduct a criminal history check under this section if:
        (1) the department or caseworker is considering only an out-of-home placement to an entity or a facility that:
            (A) is not a residence (as defined in IC 3-5-2-42.5); or
            (B) is licensed by the state; or
        (2) placement under this section is undetermined at the time the predispositional report is prepared.
    (d) A juvenile court may enter a dispositional decree that approves placement of a child in another home or award wardship to the department that will place the child in a home with a person described in subsection (a) if:
        (1) the person described in subsection (a) has:
            (A) committed an act resulting in a substantiated report of

child abuse or neglect;
            (B) been convicted of:
                (i) battery (IC 35-42-2-1) as a felony;
                (ii) criminal confinement (IC 35-42-3-3) as a felony;
                (iii) carjacking (IC 35-42-5-2) (repealed) as a felony;
                (iv) arson (IC 35-43-1-1) as a felony;
                (v) a felony involving a weapon under IC 35-47 or IC 35-47.5;
                (vi) a felony relating to controlled substances under IC 35-48-4;
                (vii) a felony under IC 9-30-5; or
                (viii) a felony that is substantially equivalent to a felony listed in items (i) through (vii) for which the conviction was entered in another state;
            if the conviction did not occur within the past five (5) years; or
            (C) had a juvenile adjudication for an act listed in IC 31-27-4-13(a) that, if committed by an adult, would be a felony; and
        (2) the person's commission of the offense, delinquent act, or act of abuse or neglect described in subdivision (1) is not relevant to the person's present ability to care for a child, and placing a child in another home or awarding wardship to the department is in the best interest of the child.
However, a court may not enter a dispositional decree that approves placement of a child in another home or awards wardship to the department if the person has been convicted of a felony listed in IC 31-27-4-13(a) that is not specifically excluded under subdivision (1)(B).
    (e) In considering the placement under subsection (d), the court shall consider the following:
        (1) The length of time since the person committed the offense, delinquent act, or act that resulted in the substantiated report of abuse or neglect.
        (2) The severity of the offense, delinquent act, or abuse or neglect.
        (3) Evidence of the person's rehabilitation, including the person's cooperation with a treatment plan, if applicable.
    SECTION 323. IC 31-34-21-5.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5.6. (a) A court may make a finding described in this section at any phase of a child in need

of services proceeding.
    (b) Reasonable efforts to reunify a child with the child's parent, guardian, or custodian or preserve a child's family as described in section 5.5 of this chapter are not required if the court finds any of the following:
        (1) A parent, guardian, or custodian of a child who is a child in need of services has been convicted of:
            (A) an offense described in IC 31-35-3-4(1)(B) or IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a victim who is:
                (i) a child described in IC 31-35-3-4(2); or
                (ii) a parent of the child; or
            (B) a comparable offense as described in clause (A) in any other state, territory, or country by a court of competent jurisdiction.
        (2) A parent, guardian, or custodian of a child who is a child in need of services:
            (A) has been convicted of:
                (i) the murder (IC 35-42-1-1) or voluntary manslaughter (IC 35-42-1-3) of a victim who is a child described in IC 31-35-3-4(2)(B) or a parent of the child; or
                (ii) a comparable offense described in item (i) in any other state, territory, or country; or
            (B) has been convicted of:
                (i) aiding, inducing, or causing another person;
                (ii) attempting; or
                (iii) conspiring with another person;
            to commit an offense described in clause (A).
        (3) A parent, guardian, or custodian of a child who is a child in need of services has been convicted of:
            (A) battery (IC 35-42-2-1(a)(5)) as a Class A felony (for a crime committed before July 1, 2014) or Level 2 felony (for a crime committed after June 30, 2014);
            (B) battery (IC 35-42-2-1(a)(4)) as a Class B felony (for a crime committed before July 1, 2014) or Level 3 or Level 4 felony (for a crime committed after June 30, 2014);
            (C) battery (IC 35-42-2-1(a)(3)) as a Class C felony (for a crime committed before July 1, 2014) or Level 5 felony (for a crime committed after June 30, 2014);


            (D) aggravated battery (IC 35-42-2-1.5);
            (E) criminal recklessness (IC 35-42-2-2) as a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014);
            (F) neglect of a dependent (IC 35-46-1-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 1 or Level 3 felony (for a crime committed after June 30, 2014); or
            (G) a comparable offense described in clauses (A) through (F) in another state, territory, or country;
        against a child described in IC 31-35-3-4(2)(B).
        (4) The parental rights of a parent with respect to a biological or adoptive sibling of a child who is a child in need of services have been involuntarily terminated by a court under:
            (A) IC 31-35-2 (involuntary termination involving a delinquent child or a child in need of services);
            (B) IC 31-35-3 (involuntary termination involving an individual convicted of a criminal offense); or
            (C) any comparable law described in clause (A) or (B) in any other state, territory, or country.
        (5) The child is an abandoned infant, provided that the court:
            (A) has appointed a guardian ad litem or court appointed special advocate for the child; and
            (B) after receiving a written report and recommendation from the guardian ad litem or court appointed special advocate, and after a hearing, finds that reasonable efforts to locate the child's parents or reunify the child's family would not be in the best interests of the child.
    SECTION 324. IC 31-34-21-7.5, AS AMENDED BY P.L.128-2012, SECTION 169, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7.5. (a) Except as provided in subsection (d), the juvenile court may not approve a permanency plan under subsection (c)(1)(D), (c)(1)(E), or (c)(1)(F) if a person who is currently residing with a person described in subsection (c)(1)(D) or (c)(1)(E) or in a residence in which the child would be placed under subsection (c)(1)(F) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a felony listed in IC 31-27-4-13 if committed by an adult, or has a conviction for a felony listed in IC 31-27-4-13.
    (b) Before requesting juvenile court approval of a permanency plan, the department shall conduct a criminal history check (as defined in IC 31-9-2-22.5) to determine if a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a felony listed in IC 31-27-4-13 if committed by an adult, or has a conviction for a felony listed in IC 31-27-4-13. However, the department is not required to conduct a criminal history check under this section if criminal history information under IC 31-34-4-2, IC 31-34-18-6.1, or IC 31-34-20-1.5 establishes whether a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a felony listed in IC 31-27-4-13 if committed by an adult, or has a conviction for a felony listed in IC 31-27-4-13.
    (c) A permanency plan under this chapter includes the following:
        (1) The intended permanent or long term arrangements for care and custody of the child that may include any of the following arrangements that the department or the court considers most appropriate and consistent with the best interests of the child:
            (A) Return to or continuation of existing custodial care within the home of the child's parent, guardian, or custodian or placement of the child with the child's noncustodial parent.
            (B) Initiation of a proceeding for termination of the parent-child relationship under IC 31-35.
            (C) Placement of the child for adoption.
            (D) Placement of the child with a responsible person, including:
                (i) an adult sibling;
                (ii) a grandparent;
                (iii) an aunt;
                (iv) an uncle; or
                (v) another relative;
            who is able and willing to act as the child's permanent custodian and carry out the responsibilities required by the permanency plan.
            (E) Appointment of a legal guardian. The legal guardian appointed under this section is a caretaker in a judicially created relationship between the child and caretaker that is intended to be permanent and self-sustaining as evidenced by

the transfer to the caretaker of the following parental rights with respect to the child:
                (i) Care, custody, and control of the child.
                (ii) Decision making concerning the child's upbringing.
            (F) Placement of the child in another planned, permanent living arrangement.
        (2) A time schedule for implementing the applicable provisions of the permanency plan.
        (3) Provisions for temporary or interim arrangements for care and custody of the child, pending completion of implementation of the permanency plan.
        (4) Other items required to be included in a case plan under IC 31-34-15 or federal law, consistent with the permanent or long term arrangements described by the permanency plan.
    (d) A juvenile court may approve a permanency plan if:
        (1) a person described in subsection (a) has:
            (A) committed an act resulting in a substantiated report of child abuse or neglect;
            (B) been convicted of:
                (i) battery (IC 35-42-2-1);
                (ii) criminal confinement (IC 35-42-3-3) as a felony;
                (iii) carjacking (IC 35-42-5-2) (repealed);
                (iv) arson (IC 35-43-1-1) as a felony;
                (v) a felony involving a weapon under IC 35-47 or a felony involving controlled explosives under IC 35-47.5;
                (vi) a felony relating to controlled substances under IC 35-48-4;
                (vii) a felony under IC 9-30-5; or
                (viii) a felony that is substantially equivalent to a felony listed in items (i) through (vii) for which the conviction was entered in another state;
            if the conviction did not occur within the past five (5) years; or
            (C) had a juvenile adjudication for an act listed in IC 31-27-4-13(a) that, if committed by an adult, would be a felony; and
        (2) the person's commission of the offense, delinquent act, or act of abuse or neglect described in subdivision (1) is not relevant to the person's present ability to care for a child, and that approval of the permanency plan is in the best interest of the child.


However, a court may not approve a permanency plan if the person has been convicted of a felony listed in IC 31-27-4-13 that is not specifically excluded under subdivision (1)(B), or has a juvenile adjudication for an act that would be a felony listed in IC 31-27-4-13 if committed by an adult that is not specifically excluded under subdivision (1)(B).
    (e) In making its written finding under subsection (d), the court shall consider the following:
        (1) The length of time since the person committed the offense, delinquent act, or act that resulted in the substantiated report of abuse or neglect.
        (2) The severity of the offense, delinquent act, or abuse or neglect.
        (3) Evidence of the person's rehabilitation, including the person's cooperation with a treatment plan, if applicable.
    SECTION 325. IC 31-35-3-4, AS AMENDED BY P.L.146-2008, SECTION 618, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. If:
        (1) an individual is convicted of the offense of:
            (A) murder (IC 35-42-1-1);
            (B) causing suicide (IC 35-42-1-2);
            (C) voluntary manslaughter (IC 35-42-1-3);
            (D) involuntary manslaughter (IC 35-42-1-4);
            (E) rape (IC 35-42-4-1);
            (F) criminal deviate conduct (IC 35-42-4-2) (repealed);
            (G) child molesting (IC 35-42-4-3);
            (H) child exploitation (IC 35-42-4-4);
            (I) sexual misconduct with a minor (IC 35-42-4-9); or
            (J) incest (IC 35-46-1-3); and
        (2) the victim of the offense:
            (A) was less than sixteen (16) years of age at the time of the offense; and
            (B) is:
                (i) the individual's biological or adoptive child; or
                (ii) the child of a spouse of the individual who has committed the offense;
the attorney for the department, the child's guardian ad litem, or the court appointed special advocate may file a petition with the juvenile or probate court to terminate the parent-child relationship of the individual who has committed the offense with the victim of the

offense, the victim's siblings, or any biological or adoptive child of that individual.
    SECTION 326. IC 31-37-4-3, AS AMENDED BY P.L.126-2012, SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) This section applies if a child is arrested or taken into custody for allegedly committing an act that would be any of the following crimes if committed by an adult:
        (1) Murder (IC 35-42-1-1).
        (2) Attempted murder (IC 35-41-5-1).
        (3) Voluntary manslaughter (IC 35-42-1-3).
        (4) Involuntary manslaughter (IC 35-42-1-4).
        (5) Reckless homicide (IC 35-42-1-5).
        (6) Aggravated battery (IC 35-42-2-1.5).
        (7) Battery (IC 35-42-2-1).
        (8) Kidnapping (IC 35-42-3-2).
        (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
        (10) Sexual misconduct with a minor (IC 35-42-4-9).
        (11) Incest (IC 35-46-1-3).
        (12) Robbery as a Class A Level 2 felony or a Class B Level 3 felony (IC 35-42-5-1).
        (13) Burglary as a Class A Level 1 felony, Level 2 felony, Level 3 felony, or a Class B Level 4 felony (IC 35-43-2-1).
        (14) Carjacking (IC 35-42-5-2).
        (15) (14) Assisting a criminal as a Class C Level 5 felony (IC 35-44.1-2-5).
        (16) (15) Escape (IC 35-44.1-3-4) as a Class B Level 4 felony or Class C Level 5 felony.
        (17) (16) Trafficking with an inmate as a Class C Level 5 felony (IC 35-44.1-3-5).
        (18) (17) Causing death when operating a vehicle (IC 9-30-5-5).
        (19) (18) Criminal confinement (IC 35-42-3-3) as a Class B Level 2 or Level 3 felony.
        (20) (19) Arson (IC 35-43-1-1) as a Class A or Class B Level 2 felony, Level 3 felony, or Level 4 felony.
        (21) (20) Possession, use, or manufacture of a weapon of mass destruction (IC 35-47-12-1).
        (22) (21) Terroristic mischief (IC 35-47-12-3) as a Class B Level 2 or Level 3 felony.
        (23) (22) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).


        (24) (23) A violation of IC 35-47.5 (controlled explosives) as a Class A or Class B Level 2 felony, Level 3 felony, or Level 4 felony.
        (25) (24) A controlled substances offense under IC 35-48.
        (26) (25) A criminal gang offense under IC 35-45-9.
    (b) If a child is taken into custody under this chapter for a crime or act listed in subsection (a), the law enforcement agency that employs the law enforcement officer who takes the child into custody shall notify the chief administrative officer of the primary or secondary school, including a public or nonpublic school, in which the child is enrolled or, if the child is enrolled in a public school, the superintendent of the school district in which the child is enrolled:
        (1) that the child was taken into custody; and
        (2) of the reason why the child was taken into custody.
    (c) The notification under subsection (b) must occur within forty-eight (48) hours after the child is taken into custody.
    (d) A law enforcement agency may not disclose information that is confidential under state or federal law to a school or school district under this section.
    SECTION 327. IC 31-37-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) If a child is not taken into custody under an order of the court, the law enforcement officer may release the child or may release the child to the child's parent, guardian, or custodian upon the person's written promise to bring the child before the juvenile court at a time specified. Subject to subsection (c), the law enforcement officer may place the child in detention if the law enforcement officer reasonably believes that:
        (1) the child is unlikely to appear before the juvenile court for subsequent proceedings;
        (2) the child has committed an act that would be murder or a Class A or Class B Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony if committed by an adult;
        (3) detention is essential to protect the child or the community;
        (4) the parent, guardian, or custodian:
            (A) cannot be located; or
            (B) is unable or unwilling to take custody of the child; or
        (5) the child has a reasonable basis for requesting that the child not be released.
    (b) If a child is detained for a reason specified in subsection (a)(4)

or (a)(5), the child shall be detained under IC 31-37-7-1.
    (c) Unless a law enforcement officer determines that detention is essential to protect a child or the community, the law enforcement officer who detains a child for a violation of the curfew law under IC 31-37-3 shall make a good faith effort to release the child to the child's parent, guardian, or custodian within a reasonable time after the child is detained.
    SECTION 328. IC 31-37-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) If the child was not taken into custody under an order of the court, an intake officer shall investigate the reasons for the child's detention. The intake officer shall release the child to the child's parent, guardian, or custodian upon the person's written promise to bring the child before the juvenile court at a time specified. However, the intake officer may place the child in detention if the intake officer reasonably believes that the child is a delinquent child and that:
        (1) the child is unlikely to appear before the juvenile court for subsequent proceedings;
        (2) the child has committed an act that would be murder or a Class A or Class B Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony if committed by an adult;
        (3) detention is essential to protect the child or the community;
        (4) the parent, guardian, or custodian:
            (A) cannot be located; or
            (B) is unable or unwilling to take custody of the child; or
        (5) the child has a reasonable basis for requesting that the child not be released.
    (b) If a child is detained for a reason specified in subsection (a)(4) or (a)(5), the child shall be detained under IC 31-37-7-1.
    SECTION 329. IC 31-37-19-6.5, AS AMENDED BY P.L.162-2011, SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6.5. (a) Except as provided in subsection (d), the juvenile court may not enter a dispositional decree approving placement of a child in another home under section 1(3) 1(a)(3) or 6(b)(2)(D) of this chapter or awarding wardship to a person or facility that results in a placement with a person under section 1(4) 1(a)(4) or 6(b)(2)(E) of this chapter if a person who is currently residing in the home in which the child would be placed under section 1(3), 1(4), 1(a)(3), 1(a)(4), 6(b)(2)(D), or 6(b)(2)(E) of this chapter has committed

an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a felony listed in IC 31-27-4-13 if committed by an adult, or has a conviction for a felony listed in IC 31-27-4-13.
    (b) The juvenile probation officer who prepared the predispositional report shall conduct a criminal history check (as defined in IC 31-9-2-22.5) to determine if a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a felony listed in IC 31-27-4-13 if committed by an adult, or has a conviction for a felony listed in IC 31-27-4-13. However, the probation officer is not required to conduct a criminal history check under this section if criminal history information obtained under IC 31-37-17-6.1 establishes whether a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a felony listed in IC 31-27-4-13 if committed by an adult, or has a conviction for a felony listed in IC 31-27-4-13.
    (c) The juvenile probation officer is not required to conduct a criminal history check under this section if:
        (1) the probation officer is considering only an out-of-home placement to an entity or a facility that:
            (A) is not a residence (as defined in IC 3-5-2-42.5); or
            (B) is licensed by the state; or
        (2) placement under this section is undetermined at the time the predispositional report is prepared.
    (d) The juvenile court may enter a dispositional decree approving placement of a child in another home under section 1(3) 1(a)(3) or 6(b)(2)(D) of this chapter or awarding wardship to a person or facility that results in a placement with a person under section 1(4) 1(a)(4) or 6(b)(2)(E) of this chapter if:
        (1) a person described in subsection (a) has:
            (A) committed an act resulting in a substantiated report of child abuse or neglect;
            (B) been convicted of:
                (i) battery (IC 35-42-2-1) as a felony;
                (ii) criminal confinement (IC 35-42-3-3) as a felony;
                (iii) carjacking (IC 35-42-5-2) (repealed) as a felony;
                (iv) arson (IC 35-43-1-1) as a felony;


                (v) a felony involving a weapon under IC 35-47 or IC 35-47.5;
                (vi) a felony relating to controlled substances under IC 35-48-4; or
                (vii) a felony that is substantially equivalent to a felony listed in items (i) through (vi) for which the conviction was entered in another state;
            if the conviction did not occur within the past five (5) years; or
            (C) had a juvenile adjudication for an act listed in IC 31-27-4-13(a) that, if committed by an adult, would be a felony; and
        (2) the person's commission of the offense, delinquent act, or act of abuse or neglect described in subdivision (1) is not relevant to the person's present ability to care for a child, and placing the child in another home is in the best interest of the child.
However, a court may not enter a dispositional decree placing a child in another home under section 1(3) 1(a)(3) or 6(b)(2)(D) of this chapter or awarding wardship to a person or facility under this subsection if a person with whom the child is or will be placed has been convicted of a felony listed in IC 31-27-4-13 that is not specifically excluded under subdivision (1)(B).
    (e) In considering the placement under subsection (d), the court shall consider the following:
        (1) The length of time since the person committed the offense, delinquent act, or act that resulted in the substantiated report of abuse or neglect.
        (2) The severity of the offense, delinquent act, or abuse or neglect.
        (3) Evidence of the person's rehabilitation, including the person's cooperation with a treatment plan, if applicable.
    SECTION 330. IC 31-37-19-9, AS AMENDED BY P.L.173-2006, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. (a) This section applies if a child is a delinquent child under IC 31-37-1.
    (b) After a juvenile court makes a determination under IC 11-8-8-5, the juvenile court may, in addition to an order under section 6 of this chapter, and if the child:
        (1) is at least thirteen (13) years of age and less than sixteen (16) years of age; and
        (2) committed an act that, if committed by an adult, would be:
            (A) murder (IC 35-42-1-1);
            (B) kidnapping (IC 35-42-3-2);
            (C) rape (IC 35-42-4-1);
            (D) criminal deviate conduct (IC 35-42-4-2) (repealed); or
            (E) robbery (IC 35-42-5-1) if the robbery was committed while armed with a deadly weapon or if the robbery resulted in bodily injury or serious bodily injury;
order wardship of the child to the department of correction for a fixed period that is not longer than the date the child becomes eighteen (18) years of age, subject to IC 11-10-2-10.
    (c) Notwithstanding IC 11-10-2-5, the department of correction may not reduce the period ordered under this section (or IC 31-6-4-15.9(b)(8) before its repeal).
    SECTION 331. IC 31-37-19-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 10. (a) This section applies to a child who:
        (1) is adjudicated a delinquent child for an act that if committed by an adult would be:
            (A) a felony against a person;
            (B) a Class A or Class B Level 1, Level 2, Level 3, or Level 4 felony that is a controlled substances offense under IC 35-48-4-1 through IC 35-48-4-5; or
            (C) burglary as a Class A or Class B Level 1, Level 2, Level 3, or Level 4 felony under IC 35-43-2-1;
        (2) is at least fourteen (14) years of age at the time the child committed the act for which the child is being placed; and
        (3) has two (2) unrelated prior adjudications of delinquency for acts that would be felonies if committed by an adult.
    (b) A court may place the child in a facility authorized under this chapter for not more than two (2) years.
    (c) Notwithstanding IC 11-10-2-5, the department of correction may not reduce the period ordered under this section (or IC 31-6-4-15.9(n) before its repeal).
    SECTION 332. IC 32-28-3-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 15. A person who knowingly or intentionally:
        (1) performs labor, supplies services, or furnishes material or machinery in the:
            (A) construction;
            (B) repair; or
            (C) remodeling;
        of a building, structure, or other work;
        (2) accepts payment for the labor, services, material, or machinery furnished and supplied;
        (3) at the time of receiving the payment, knows that the person is indebted to another for:
            (A) labor, including the cost of renting or leasing construction and other equipment and tools, whether or not an operator is also provided by the lessor;
            (B) services;
            (C) material; or
            (D) machinery;
        used or employed in the construction, repair, or remodeling;
        (4) fails:
            (A) at the time of receiving the payment; and
            (B) with intent to defraud;
        to notify in writing the person from whom the payment was received of the existence of the outstanding indebtedness; and
        (5) causes the person from whom the payment was received to suffer a loss by failing under subdivision (4) to notify the person of the existence of the outstanding indebtedness;
commits a Class D Level 6 felony.
    SECTION 333. IC 32-30-7-1, AS AMENDED BY P.L.114-2012, SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. As used in this chapter, "indecent nuisance" means a:
        (1) place in or upon which prostitution (as described in IC 35-45-4);
        (2) public place in or upon which deviate other sexual conduct (as defined in IC 35-31.5-2-94) IC 35-31.5-2-221.5) or sexual intercourse (as defined in IC 35-31.5-2-302); or
        (3) public place in or upon which the fondling of the genitals of a person;
is conducted, permitted, continued, or exists, and the personal property and contents used in conducting and maintaining the place for such a purpose.
    SECTION 334. IC 32-32-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) Before a

developer may offer to sell any time shares or camping club memberships in this state, the developer must register with the division under this section.
    (b) A person who applies for registration under this section shall submit an application in the manner provided by the division and shall disclose the following information under oath:
        (1) The names and addresses of all officers, project managers, marketing agencies, advertising agencies, and exchange companies who are actively involved in soliciting or selling time share units or camping club memberships.
        (2) The name and address of each person who owns an interest of ten percent (10%) or more in the registrant, except for reporting companies under the Securities Exchange Act of 1934.
        (3) A copy of the document in which the time share project or camping club project is created.
        (4) A preliminary title report for the time share project or camping club project and copies of the documents listed as exceptions in the report showing any encumbrances.
        (5) Copies of and instructions for escrow agreements, deeds, and sales contracts.
        (6) Documents that show the current assessments for property taxes on the time share project or camping club project.
        (7) A copy of bylaws or similar instrument that creates any community ownership relationship.
        (8) Copies of all documents that will be given to a participant who is interested in participating in a program for the exchange of occupancy rights among time share participants or camping club members, and copies of the documents that show acceptance of the time share or camping club membership in the program.
    (c) A developer who knowingly or intentionally offers to sell any time shares or camping club memberships in this state before registering with the division under this section commits a Class D Level 6 felony.
    SECTION 335. IC 32-34-9-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 13. (a) If timber prepared for market is found on any of the streams of Indiana, the timber shall be held and disposed of as provided in this chapter. The finder of the timber shall receive as compensation for the finder's services only the fees provided for in section 2 of this chapter.


    (b) A person who knowingly violates this section commits a Class D Level 6 felony.
    SECTION 336. IC 32-36-1-8, AS AMENDED BY P.L.149-2012, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A person may not use an aspect of a personality's right of publicity for a commercial purpose during the personality's lifetime or for one hundred (100) years after the date of the personality's death without having obtained previous written consent from a person specified in section 17 of this chapter. If a personality is deceased, the following apply to the rights described in this subsection:
        (1) The rights apply to the personality whether the personality died before, on, or after July 1, 1994.
        (2) If the personality died before July 1, 1994, the rights are considered to have existed on and after the date the personality died.
        (3) Consistent with section 1(a) of this chapter, a claim for a violation of a personality's right of publicity may not be asserted under this chapter unless the alleged act or event of violation occurs within Indiana.
        (4) A claim for a violation of a personality's right of publicity may not be asserted under this chapter unless the alleged act or event of violation occurs after June 30, 1994.
    (b) A written consent solicited or negotiated by an athlete agent (as defined in IC 25-5.2-1-2) from a student athlete (as defined in IC 25-5.2-1-2) is void if the athlete agent obtained the consent as the result of an agency contract that:
        (1) was void under IC 25-5.2-2-2 or under the law of the state where the agency contract was entered into; or
        (2) was voided by the student athlete under IC 25-5.2-2-8 or a similar law in the state where the agency contract was entered into. or
        (3) was entered into without the notice required under IC 35-46-4-4 or a similar law in the state where the agency contract was entered into.
    (c) A written consent for an endorsement contract (as defined in IC 35-46-4-1.5) is void if notice is not given as required by IC 35-46-4-4 or a similar law in the state where the endorsement contract is entered into.
    SECTION 337. IC 33-28-3-8, AS AMENDED BY P.L.201-2011, SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) The minor offenses and violations docket has jurisdiction over the following:
        (1) All Class D Level 6 felony cases.
        (2) All misdemeanor cases.
        (3) All infraction cases.
        (4) All ordinance violation cases.
    (b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through IC 34-28-5-9.
    SECTION 338. IC 33-29-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) The minor offenses and violations docket has jurisdiction over the following:
        (1) All Class D Level 6 felony cases.
        (2) All misdemeanor cases.
        (3) All infraction cases.
        (4) All ordinance violation cases.
    (b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through IC 34-28-5-13.
    SECTION 339. IC 33-31-2-7, AS ADDED BY P.L.201-2011, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. (a) The minor offenses and violations docket has jurisdiction over the following:
        (1) All Class D Level 6 felony cases.
        (2) All misdemeanor cases.
        (3) All infraction cases.
        (4) All ordinance violation cases.
    (b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through IC 34-28-5-9.
    SECTION 340. IC 33-37-5-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. The court shall order a person to pay a child abuse prevention fee of one hundred dollars ($100) to the clerk in each criminal action in which:
        (1) the person is found to have committed the offense of:
            (A) murder (IC 35-42-1-1);
            (B) causing suicide (IC 35-42-1-2);
            (C) voluntary manslaughter (IC 35-42-1-3);
            (D) reckless homicide (IC 35-42-1-5);
            (E) battery (IC 35-42-2-1);
            (F) rape (IC 35-42-4-1);
            (G) criminal deviate conduct (IC 35-42-4-2) (repealed);
            (H) child molesting (IC 35-42-4-3);
            (I) child exploitation (IC 35-42-4-4);
            (J) vicarious sexual gratification (IC 35-42-4-5);
            (K) child solicitation (IC 35-42-4-6);
            (L) incest (IC 35-46-1-3);
            (M) neglect of a dependent (IC 35-46-1-4);
            (N) child selling (IC 35-46-1-4); or
            (O) child seduction (IC 35-42-4-7); and
        (2) the victim of the offense is less than eighteen (18) years of age.
    SECTION 341. IC 33-37-5-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 23. (a) This section applies to criminal actions.
    (b) The court shall assess a sexual assault victims assistance fee of at least two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000) against an individual convicted in Indiana of any of the following offenses:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4(b)).
        (5) Vicarious sexual gratification (IC 35-42-4-5).
        (6) Child solicitation (IC 35-42-4-6).
        (7) Child seduction (IC 35-42-4-7).
        (8) Sexual battery (IC 35-42-4-8).
        (9) Sexual misconduct with a minor as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 4 felony (for a crime committed after June 30, 2014) (IC 35-42-4-9).
        (10) Incest (IC 35-46-1-3).
    SECTION 342. IC 33-39-1-8, AS AMENDED BY P.L.125-2012, SECTION 410, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) After June 30, 2005, this section does not apply to a person who:
        (1) holds a commercial driver's license; and
        (2) has been charged with an offense involving the operation of a motor vehicle in accordance with the federal Motor Carrier

Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat. 1748).
    (b) This section does not apply to a person arrested for or charged with:
        (1) an offense under IC 9-30-5-1 through IC 9-30-5-5; or
        (2) if a person was arrested or charged with an offense under IC 9-30-5-1 through IC 9-30-5-5, an offense involving:
            (A) intoxication; or
            (B) the operation of a vehicle;
if the offense involving intoxication or the operation of a vehicle was part of the same episode of criminal conduct as the offense under IC 9-30-5-1 through IC 9-30-5-5.
    (c) This section does not apply to a person:
        (1) who is arrested for or charged with an offense under:
            (A) IC 7.1-5-7-7(a), if the alleged offense occurred while the person was operating a motor vehicle;
            (B) IC 9-30-4-8(a), if the alleged offense occurred while the person was operating a motor vehicle;
            (C) IC 35-42-2-2(c)(1);
            (D) IC 35-42-2-4(b)(1); IC 35-44.1-2-13(b)(1); or
            (E) IC 35-43-1-2(a), if the alleged offense occurred while the person was operating a motor vehicle; and
        (2) who held a probationary license (as defined in IC 9-24-11-3.3(b)) and was less than eighteen (18) years of age at the time of the alleged offense.
    (d) A prosecuting attorney may withhold prosecution against an accused person if:
        (1) the person is charged with a misdemeanor;
        (2) the person agrees to conditions of a pretrial diversion program offered by the prosecuting attorney;
        (3) the terms of the agreement are recorded in an instrument signed by the person and the prosecuting attorney and filed in the court in which the charge is pending; and
        (4) the prosecuting attorney electronically transmits information required by the prosecuting attorneys council concerning the withheld prosecution to the prosecuting attorneys council, in a manner and format designated by the prosecuting attorneys council.
    (e) An agreement under subsection (d) may include conditions that

the person:
        (1) pay to the clerk of the court an initial user's fee and monthly user's fees in the amounts specified in IC 33-37-4-1;
        (2) work faithfully at a suitable employment or faithfully pursue a course of study or career and technical education that will equip the person for suitable employment;
        (3) undergo available medical treatment or counseling and remain in a specified facility required for that purpose;
        (4) support the person's dependents and meet other family responsibilities;
        (5) make restitution or reparation to the victim of the crime for the damage or injury that was sustained;
        (6) refrain from harassing, intimidating, threatening, or having any direct or indirect contact with the victim or a witness;
        (7) report to the prosecuting attorney at reasonable times;
        (8) answer all reasonable inquiries by the prosecuting attorney and promptly notify the prosecuting attorney of any change in address or employment; and
        (9) participate in dispute resolution either under IC 34-57-3 or a program established by the prosecuting attorney.
    (f) An agreement under subsection (d)(2) may include other provisions reasonably related to the defendant's rehabilitation, if approved by the court.
    (g) The prosecuting attorney shall notify the victim when prosecution is withheld under this section.
    (h) All money collected by the clerk as user's fees under this section shall be deposited in the appropriate user fee fund under IC 33-37-8.
    (i) If a court withholds prosecution under this section and the terms of the agreement contain conditions described in subsection (e)(6):
        (1) the clerk of the court shall comply with IC 5-2-9; and
        (2) the prosecuting attorney shall file a confidential form prescribed or approved by the division of state court administration with the clerk.
    SECTION 343. IC 33-39-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. A prosecuting attorney who charges a person with committing any of the following shall inform the person's employer of the charge, unless the prosecuting attorney determines that the person charged does not work with children:


        (1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the victim is less than eighteen (18) years of age.
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4(b)).
        (5) Vicarious sexual gratification (IC 35-42-4-5).
        (6) Child solicitation (IC 35-42-4-6).
        (7) Child seduction (IC 35-42-4-7).
        (8) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.
    SECTION 344. IC 33-42-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. A person authorized to administer oaths or take acknowledgments who, with intent to defraud:
        (1) affixes the person's signature to a blank form of affidavit or certificate of acknowledgment; and
        (2) delivers that form to another person, with intent that it be used as an affidavit or acknowledgment;
commits a Class D Level 6 felony.
    SECTION 345. IC 33-42-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person who knowingly uses a form that was delivered to the person in violation of section 2 of this chapter commits a Class D Level 6 felony.
    SECTION 346. IC 33-43-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) A person, before proceeding to discharge the duties of an attorney, shall take an oath to:
        (1) support the Constitution of the United States and the Constitution of the State of Indiana; and
        (2) faithfully and honestly discharge the duties of an attorney at law.
    (b) The oath taken under subsection (a) must be entered in the order book of the court.
     (c) A duly sworn attorney who is not otherwise disqualified to practice law is an officer of the court.
    SECTION 347. IC 34-6-2-63 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 63. "Illegal drug market target community", for purposes of IC 34-24-4, means the following areas where a person participates in the illegal drug market:
        (1) The county in which the person's place of participation is located if the person violates a statute concerning possession or dealing of an illegal drug that is punishable as a Class D Level 6 felony.
        (2) The county described in subdivision (1) plus all counties with a border contiguous to the county if the person violates a statute concerning possession or dealing of an illegal drug that is punishable as a Class C Level 5 felony.
        (3) The counties described in subdivision (2) plus all counties with a border contiguous to those counties if the person violates a statute concerning possession or dealing of an illegal drug that is punishable as a Class B Level 3 or Level 4 felony.
        (4) Indiana if the person violates a statute in Indiana concerning possession or dealing of an illegal drug that is punishable as a Class A Level 1 or Level 2 felony.
    SECTION 348. IC 34-12-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. A person who knowingly violates section 3, 4, 5, or 7 of this chapter commits a Class D Level 6 felony.
    SECTION 349. IC 34-24-1-1, AS AMENDED BY P.L.125-2012, SECTION 411, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) The following may be seized:
        (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used or are intended for use by the person or persons in possession of them to transport or in any manner to facilitate the transportation of the following:
            (A) A controlled substance for the purpose of committing, attempting to commit, or conspiring to commit any of the following:
                (i) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
                (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
                (iii) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
                (iv) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
                (v) Dealing in a schedule V controlled substance (IC 35-48-4-4).
                (vi) Dealing in a counterfeit substance (IC 35-48-4-5).
                (vii) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
                (viii) Possession of methamphetamine (IC 35-48-4-6.1).
                (ix) Dealing in paraphernalia (IC 35-48-4-8.5).
                (x) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid (IC 35-48-4-10).
            (B) Any stolen (IC 35-43-4-2) or converted property (IC 35-43-4-3) if the retail or repurchase value of that property is one hundred dollars ($100) or more.
            (C) Any hazardous waste in violation of IC 13-30-10-1.5.
            (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of mass destruction (as defined in IC 35-31.5-2-354) used to commit, used in an attempt to commit, or used in a conspiracy to commit an offense under IC 35-47 as part of or in furtherance of an act of terrorism (as defined by IC 35-31.5-2-329).
        (2) All money, negotiable instruments, securities, weapons, communications devices, or any property used to commit, used in an attempt to commit, or used in a conspiracy to commit an offense under IC 35-47 as part of or in furtherance of an act of terrorism or commonly used as consideration for a violation of IC 35-48-4 (other than items subject to forfeiture under IC 16-42-20-5 or IC 16-6-8.5-5.1 before its repeal):
            (A) furnished or intended to be furnished by any person in exchange for an act that is in violation of a criminal statute;
            (B) used to facilitate any violation of a criminal statute; or
            (C) traceable as proceeds of the violation of a criminal statute.
        (3) Any portion of real or personal property purchased with money that is traceable as a proceed of a violation of a criminal statute.
        (4) A vehicle that is used by a person to:
            (A) commit, attempt to commit, or conspire to commit;
            (B) facilitate the commission of; or
            (C) escape from the commission of;
        murder (IC 35-42-1-1), kidnapping (IC 35-42-3-2), criminal confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense under IC 35-47 as part of or in furtherance of an act of terrorism.
        (5) Real property owned by a person who uses it to commit any of the following as a Class A felony, a Class B felony, Level 1,

Level 2, Level 3, Level 4 or a Class C Level 5 felony:
            (A) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
            (B) Dealing in methamphetamine (IC 35-48-4-1.1).
            (C) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
            (D) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
            (E) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid (IC 35-48-4-10).
        (6) Equipment and recordings used by a person to commit fraud under IC 35-43-5-4(10).
        (7) Recordings sold, rented, transported, or possessed by a person in violation of IC 24-4-10.
        (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as defined by IC 35-45-6-1) that is the object of a corrupt business influence violation (IC 35-45-6-2).
        (9) Unlawful telecommunications devices (as defined in IC 35-45-13-6) and plans, instructions, or publications used to commit an offense under IC 35-45-13.
        (10) Any equipment, including computer equipment and cellular telephones, used for or intended for use in preparing, photographing, recording, videotaping, digitizing, printing, copying, or disseminating matter in violation of IC 35-42-4.
        (11) Destructive devices used, possessed, transported, or sold in violation of IC 35-47.5.
        (12) Tobacco products that are sold in violation of IC 24-3-5, tobacco products that a person attempts to sell in violation of IC 24-3-5, and other personal property owned and used by a person to facilitate a violation of IC 24-3-5.
        (13) Property used by a person to commit counterfeiting or forgery in violation of IC 35-43-5-2.
        (14) After December 31, 2005, if a person is convicted of an offense specified in IC 25-26-14-26(b) or IC 35-43-10, the following real or personal property:
            (A) Property used or intended to be used to commit, facilitate, or promote the commission of the offense.
            (B) Property constituting, derived from, or traceable to the gross proceeds that the person obtained directly or indirectly

as a result of the offense.
        (15) Except as provided in subsection (e), a vehicle used by a person who operates the vehicle:
            (A) while intoxicated, in violation of IC 9-30-5-1 through IC 9-30-5-5, if in the previous five (5) years the person has two (2) or more prior unrelated convictions:
                (i) for operating a motor vehicle while intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5; or
                (ii) for an offense that is substantially similar to IC 9-30-5-1 through IC 9-30-5-5 in another jurisdiction; or
            (B) on a highway while the person's driving privileges are suspended in violation of IC 9-24-19-2 through IC 9-24-19-4, if in the previous five (5) years the person has two (2) or more prior unrelated convictions:
                (i) for operating a vehicle while intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5; or
                (ii) for an offense that is substantially similar to IC 9-30-5-1 through IC 9-30-5-5 in another jurisdiction.
        If a court orders the seizure of a vehicle under this subdivision, the court shall transmit an order to the bureau of motor vehicles recommending that the bureau not permit a vehicle to be registered in the name of the person whose vehicle was seized until the person possesses a current driving license (as defined in IC 9-13-2-41).
        (16) The following real or personal property:
            (A) Property used or intended to be used to commit, facilitate, or promote the commission of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or IC 30-2-13-38(f).
            (B) Property constituting, derived from, or traceable to the gross proceeds that a person obtains directly or indirectly as a result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or IC 30-2-13-38(f).
    (b) A vehicle used by any person as a common or contract carrier in the transaction of business as a common or contract carrier is not subject to seizure under this section, unless it can be proven by a preponderance of the evidence that the owner of the vehicle knowingly permitted the vehicle to be used to engage in conduct that subjects it to seizure under subsection (a).


    (c) Equipment under subsection (a)(10) may not be seized unless it can be proven by a preponderance of the evidence that the owner of the equipment knowingly permitted the equipment to be used to engage in conduct that subjects it to seizure under subsection (a)(10).
    (d) Money, negotiable instruments, securities, weapons, communications devices, or any property commonly used as consideration for a violation of IC 35-48-4 found near or on a person who is committing, attempting to commit, or conspiring to commit any of the following offenses shall be admitted into evidence in an action under this chapter as prima facie evidence that the money, negotiable instrument, security, or other thing of value is property that has been used or was to have been used to facilitate the violation of a criminal statute or is the proceeds of the violation of a criminal statute:
        (1) IC 35-48-4-1 (dealing in or manufacturing cocaine or a narcotic drug).
        (2) IC 35-48-4-1.1 (dealing in methamphetamine).
        (3) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled substance).
        (4) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
        (5) IC 35-48-4-4 (dealing in a schedule V controlled substance) as a Class B Level 4 felony.
        (6) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a Class A felony, Class B Level 3, Level 4, felony, or Class C Level 5 felony.
        (7) IC 35-48-4-6.1 (possession of methamphetamine) as a Class A felony, Class B felony, Level 3, Level 4, or Class C Level 5 felony.
        (8) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid) as a Class C Level 5 felony.
    (e) A vehicle operated by a person who is not:
        (1) an owner of the vehicle; or
        (2) the spouse of the person who owns the vehicle;
is not subject to seizure under subsection (a)(15) unless it can be proven by a preponderance of the evidence that the owner of the vehicle knowingly permitted the vehicle to be used to engage in conduct that subjects it to seizure under subsection (a)(15).
    SECTION 350. IC 34-30-2-150 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 150. IC 35-42-2-2 IC 35-42-2-2.5 (Concerning persons for reporting or participating in

proceedings concerning hazing).
    SECTION 351. IC 35-31.5-2-13 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 13. "Agent contract", for purposes of IC 35-46-4, has the meaning set forth in IC 35-46-4-1.
    SECTION 352. IC 35-31.5-2-27.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 27.4. "Benefit, promote, or further the interests of a criminal gang", for purposes of IC 35-45-9-3, has the meaning set forth in IC 35-45-9-3(a).
    SECTION 353. IC 35-31.5-2-28.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 28.5. "Body fluid", for purposes of IC 35-45-16-2, has the meaning set forth in IC 35-45-16-2(a).
    SECTION 354. IC 35-31.5-2-30, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 30. "Body piercing", for purposes of IC 35-42-2-7, IC 35-45-21-4, has the meaning set forth in IC 35-42-2-7(b). IC 35-45-21-4(b).
    SECTION 355. IC 35-31.5-2-39, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 39. "Child care provider", for purposes of IC 35-42-1-4, IC 35-46-1-4.1, has the meaning set forth in IC 35-42-1-4(a). IC 35-46-1-4.1(a).
    SECTION 356. IC 35-31.5-2-43 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 43. "Class D felony conviction", for purposes of IC 35-50-2, has the meaning set forth in IC 35-50-2-1(a).
    SECTION 357. IC 35-31.5-2-52, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 52. "Component", for purposes of IC 35-42-1-7, IC 35-45-21-1, has the meaning set forth in IC 35-42-1-7(a). IC 35-45-21-1(a).
    SECTION 358. IC 35-31.5-2-52.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 52.7. (a) "Computer contaminant", for purposes of IC 35-43-1-8, means a set of computer instructions designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information.


    (b) The term includes a computer program (commonly referred to as a virus or worm) that is:
        (1) self-replicating or self-propagating; and
        (2) designed to:
            (A) contaminate other computer programs or computer data;
            (B) consume computer resources;
            (C) modify, destroy, record, or transmit data; or
            (D) otherwise take control of the normal operation of a computer, computer system, or computer network.

    SECTION 359. IC 35-31.5-2-53, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 53. (a) Except as provided in subsection (b), "computer network" for purposes of IC 35-43-1-4, has the meaning set forth in IC 35-43-1-4(a). means a system that provides communications between one (1) or more computer systems and the system's input or output devices, including display terminals and printers that are connected by telecommunication facilities.
    (b) "Computer network", for purposes of IC 35-43-2-3, has the meaning set forth in IC 35-43-2-3(a).
    SECTION 360. IC 35-31.5-2-54, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 54. "Computer program", for purposes of IC 35-43-1-4, has the meaning set forth in IC 35-43-1-4(a). this chapter and IC 35-43-1-7, means a set of instructions or statements and related data that, when executed in actual or modified form, causes a computer, computer system, or computer network to perform specified functions.
    SECTION 361. IC 35-31.5-2-55, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 55. (a) Except as provided in subsection (b), "computer system" for purposes of IC 35-43-1-4, has the meaning set forth in IC 35-43-1-4(a). means a device or collection of devices (including support devices):
        (1) one (1) or more of which contain a computer program, an electronic instruction, or input data and output data; and
        (2) that performs functions, including arithmetic, data storage, retrieval, communication, or control functions.
The term does not include a calculator that is not programmable

and that is not capable of being used in conjunction with external files.
    (b) "Computer system", for purposes of IC 35-43-2-3, has the meaning set forth in IC 35-43-2-3(a).
    SECTION 362. IC 35-31.5-2-55.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 55.2. "Computer system services" includes computer time, data processing or storage functions, or other uses of a computer, computer system, or computer network.
    SECTION 363. IC 35-31.5-2-72, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 72. "Credit restricted felon" means a person who has been convicted of at least one (1) of the following offenses:
        (1) Child molesting involving sexual intercourse, or deviate sexual conduct (IC 35-42-4-3(a), before its amendment on July 1, 2014) for a crime committed before July 1, 2014, or other sexual conduct (as defined in IC 35-31.5-2-221.5) for a crime committed after June 30, 2014, if:
            (A) the offense is committed by a person at least twenty-one (21) years of age; and
            (B) the victim is less than twelve (12) years of age.
        (2) Child molesting (IC 35-42-4-3) resulting in serious bodily injury or death.
        (3) Murder (IC 35-42-1-1), if:
            (A) the person killed the victim while committing or attempting to commit child molesting (IC 35-42-4-3);
            (B) the victim was the victim of a sex crime under IC 35-42-4 for which the person was convicted; or
            (C) the victim of the murder was listed by the state or known by the person to be a witness against the person in a prosecution for a sex crime under IC 35-42-4 and the person committed the murder with the intent to prevent the victim from testifying.
    SECTION 364. IC 35-31.5-2-84, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 84. "Data", for purposes of IC 35-43-1-4, has the meaning set forth in IC 35-43-1-4(a). this chapter and IC 35-43-1-7, means a representation of information, knowledge, facts, concepts, computer software, computer programs, or instructions that may

be:
        (1) in any form;
        (2) in storage media or stored in the memory of a computer; or
        (3) in transit or presented on a display device.

    SECTION 365. IC 35-31.5-2-91, AS ADDED BY P.L.126-2012, SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 91. "Designated offense", for purposes of IC 35-33.5, means the following:
        (1) A Class A, Class B, or Class C felony, for a crime committed before July 1, 2014, or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony, for a crime committed after June 30, 2014, that is a controlled substance offense (IC 35-48-4).
        (2) Murder (IC 35-42-1-1).
        (3) Kidnapping (IC 35-42-3-2).
        (4) Criminal confinement (IC 35-42-3-3).
        (5) Robbery (IC 35-42-5-1).
        (6) Arson (IC 35-43-1-1).
        (7) Child solicitation (IC 35-42-4-6).
        (8) Human and sexual trafficking crimes under IC 35-42-3.5.
        (9) Escape as a Class B felony or Class C felony, for a crime committed before July 1, 2014, or a Level 4 felony or Level 5 felony, for a crime committed after June 30, 2014 (IC 35-44.1-3-4).
        (10) An offense that relates to a weapon of mass destruction (as defined in section 354 of this chapter).
        (11) An attempt or conspiracy to commit an offense described in subdivisions (1) through (10).
        (12) An offense under the law of the United States or in another state or country that is substantially similar to an offense described in subdivisions (1) through (11).
    SECTION 366. IC 35-31.5-2-94 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 94. "Deviate sexual conduct" means an act involving:
        (1) a sex organ of one (1) person and the mouth or anus of another person; or
        (2) the penetration of the sex organ or anus of a person by an object.
    SECTION 367. IC 35-31.5-2-104, AS ADDED BY P.L.114-2012,

SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 104. (a) "Drug", for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16.
    (b) "Drug", for purposes of IC 35-50-2-10, has the meaning set forth in IC 35-50-2-10(a)(1).
    SECTION 368. IC 35-31.5-2-117 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 117. "Endorsement contract", for purposes of IC 35-46-4, has the meaning set forth in IC 35-46-4-1.5.
    SECTION 369. IC 35-31.5-2-117.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 117.5. "Enhancing circumstance", for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16.5.
    SECTION 370. IC 35-31.5-2-132, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 132. "Fetus", for purposes of IC 35-42-1-4, has the meaning set forth in IC 35-42-1-4(b). IC 35-42-1-4(a).
    SECTION 371. IC 35-31.5-2-135, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 135. (a) "Firefighter", for purposes of IC 35-42-2-6, has the meaning set forth in IC 35-42-2-6(b).
    (b) "Firefighter", for purposes of IC 35-44-4, IC 35-44.1-4, has the meaning set forth in IC 35-44-4-3. IC 35-44.1-4-3.
    SECTION 372. IC 35-31.5-2-136 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 136. "First responder", for purposes of IC 35-42-2-6, has the meaning set forth in IC 35-42-2-6(c).
    SECTION 373. IC 35-31.5-2-169.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 169.5. "Infectious hepatitis", for purposes of IC 35-45-16-2, has the meaning set forth in IC 35-45-16-2(b).
    SECTION 374. IC 35-31.5-2-186.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 186.5. "Level 6 felony conviction", for purposes of IC 35-50-2, has the meaning set forth in IC 35-50-2-1(a).
    SECTION 375. IC 35-31.5-2-187 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 187. "Licensed health professional", for purposes of IC 35-42-2-8, has the meaning set forth in IC 35-42-2-8(a)(2).


    SECTION 376. IC 35-31.5-2-204.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 204.5. "Moderate bodily injury" means any impairment of physical condition that includes substantial pain.
    SECTION 377. IC 35-31.5-2-216, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 216. "Offense relating to a criminal sexual act" means the following:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child seduction (IC 35-42-4-7).
        (5) Prostitution (IC 35-45-4-2).
        (6) Patronizing a prostitute (IC 35-45-4-3).
        (7) Incest (IC 35-46-1-3).
        (8) Sexual misconduct with a minor under IC 35-42-4-9(a).
    SECTION 378. IC 35-31.5-2-221.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 221.5. "Other sexual conduct" means an act involving:
        (1) a sex organ of one (1) person and the mouth or anus of another person; or
        (2) the penetration of the sex organ or anus of a person by an object.

    SECTION 379. IC 35-31.5-2-242, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 242. (a) "Practitioner", for purposes of IC 35-42-2-8, has the meaning set forth in IC 35-42-2-8(a)(3).
    (b) (a) Except as provided in subsection (c), (b), "practitioner", for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-24.
    (c) (b) "Practitioner", for purposes of IC 35-48-7, has the meaning set forth in IC 35-48-7-5.8.
    SECTION 380. IC 35-31.5-2-249 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 249. "Professional sports services contract", for purposes of IC 35-46-4, has the meaning set forth in IC 35-46-4-2.
    SECTION 381. IC 35-31.5-2-253, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 253. (a) Except as provided in subsection (c),

"property" means anything of value. The term includes:
        (1) a gain or advantage or anything that might reasonably be regarded as such by the beneficiary;
        (2) real property, personal property, money, labor, and services;
        (3) intangibles;
        (4) commercial instruments;
        (5) written instruments concerning labor, services, or property;
        (6) written instruments otherwise of value to the owner, such as a public record, deed, will, credit card, or letter of credit;
        (7) a signature to a written instrument;
        (8) extension of credit;
        (9) trade secrets;
        (10) contract rights, choses-in-action, and other interests in or claims to wealth;
        (11) electricity, gas, oil, and water;
        (12) captured or domestic animals, birds, and fish;
        (13) food and drink; and
        (14) human remains; and
        (15) data.

    (b) Property is that "of another person" if the other person has a possessory or proprietary interest in it, even if an accused person also has an interest in that property.
    (c) "Property", for purposes of IC 35-47.5, has the meaning set forth in IC 35-47.5-2-12.
    SECTION 382. IC 35-31.5-2-264.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 264.5. "Purpose of increasing a person's own standing or position within a criminal gang", for purposes of IC 35-45-9-3, has the meaning set forth in IC 35-45-9-3(b).
    SECTION 383. IC 35-31.5-2-280.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 280.5. "Sale to a minor", for purposes of IC 35-48, means delivery or financing the delivery of a drug to a person less than eighteen (18) years of age and at least three (3) years junior to the person making the delivery or financing.
    SECTION 384. IC 35-31.5-2-315 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 315. "Student athlete", for purposes of IC 35-46-4,

has the meaning set forth in IC 35-46-4-3.
    SECTION 385. IC 35-31.5-2-317 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 317. "Substance offense", for purposes of IC 35-50-2-10, has the meaning set forth in IC 35-50-2-10(a)(2).
    SECTION 386. IC 35-31.5-2-325, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 325. "Tattoo", for purposes of IC 35-42-2-7, IC 35-45-21-4, has the meaning set forth in IC 35-42-2-7(a). IC 35-45-21-4(a).
    SECTION 387. IC 35-33-9-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person convicted of an offense who has appealed or desires to appeal the conviction may file a petition to be admitted to bail pending appeal. The person may be admitted to bail pending appeal at the discretion of the court in which the case was tried, but he the person may not be admitted to it bail if he the person has been convicted of a Class A felony (for a crime committed before July 1, 2014) or a Level 1 or Level 2 felony (for a crime committed after June 30, 2014). or a felony for which the court may not suspend the sentence under IC 35-50-2-2.
    SECTION 388. IC 35-33.5-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) This section does not apply to a person who makes an interception authorized under federal law.
    (b) A person who knowingly or intentionally intercepts a communication in violation of this article commits unlawful interception, a Class C Level 5 felony.
    (c) A person who, by virtue of the person's employment or official capacity in the criminal justice system, knowingly or intentionally uses or discloses the contents of an interception in violation of this article commits unlawful use or disclosure of an interception, a Class C Level 5 felony.
    SECTION 389. IC 35-34-1-5, AS AMENDED BY SEA 31-2013, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) An indictment or information which charges the commission of an offense may not be dismissed but may be amended on motion by the prosecuting attorney at any time because of any immaterial defect, including:
        (1) any miswriting, misspelling, or grammatical error;
        (2) any misjoinder of parties defendant or offenses charged;


        (3) the presence of any unnecessary repugnant allegation;
        (4) the failure to negate any exception, excuse, or provision contained in the statute defining the offense;
        (5) the use of alternative or disjunctive allegations as to the acts, means, intents, or results charged;
        (6) any mistake in the name of the court or county in the title of the action, or the statutory provision alleged to have been violated;
        (7) the failure to state the time or place at which the offense was committed where the time or place is not of the essence of the offense;
        (8) the failure to state an amount of value or price of any matter where that value or price is not of the essence of the offense; or
        (9) any other defect which does not prejudice the substantial rights of the defendant.
    (b) The indictment or information may be amended in matters of substance and the names of material witnesses may be added, by the prosecuting attorney, upon giving written notice to the defendant at any time:
        (1) up to:
            (A) thirty (30) days if the defendant is charged with a felony; or
            (B) fifteen (15) days if the defendant is charged only with one (1) or more misdemeanors;
        before the omnibus date; or
        (2) before the commencement of trial;
if the amendment does not prejudice the substantial rights of the defendant. When the information or indictment is amended, it shall be signed by the prosecuting attorney or a deputy prosecuting attorney.
    (c) Upon motion of the prosecuting attorney, the court may, at any time before, during, or after the trial, permit an amendment to the indictment or information in respect to any defect, imperfection, or omission in form which does not prejudice the substantial rights of the defendant.
    (d) Before amendment of any indictment or information other than amendment as provided in subsection (b), the court shall give all parties adequate notice of the intended amendment and an opportunity to be heard. Upon permitting such amendment, the court shall, upon motion by the defendant, order any continuance of the proceedings

which may be necessary to accord the defendant adequate opportunity to prepare the defendant's defense.
    (e) An amendment of an indictment or information to include a habitual offender charge under IC 35-50-2-8 IC 35-50-2-8.5, or IC 35-50-2-10 must be made at least thirty (30) days before the commencement of trial. However, upon a showing of good cause, the court may permit the filing of a habitual offender charge at any time before the commencement of the trial if the amendment does not prejudice the substantial rights of the defendant. If the court permits the filing of a habitual offender charge less than thirty (30) days before the commencement of trial, the court shall grant a continuance at the request of the:
        (1) state, for good cause shown; or
        (2) defendant, for any reason.
    SECTION 390. IC 35-36-6-11, AS AMENDED BY P.L.118-2007, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. (a) In any criminal proceeding wherein the defendant is charged with murder, or a Class A Level 1 felony, or a Level 2 felony, to be tried before a jury in which a motion for a change of venue from the county is filed, the court may recognize but decline to grant the motion, and order that the jury be drawn from the residents of a county other than the county in which the court is located.
    (b) Pursuant to an order under this section, the court may convene in any county in the state for purposes of jury selection. The venire may be drawn by the jury administrator of a court in the jurors' home county, or may be drawn by the court itself by random selection.
    (c) After a jury is selected, the trial shall be held in the county of the court's location. The verdict of the jury and the judgment based upon it have the same validity and effect as if the jury had been drawn from the county of the court's location.
    SECTION 391. IC 35-37-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) The jury venire called by a court may be used in civil or criminal cases.
    (b) If a defendant is charged with:
        (1) murder or a Class A Level 1, Level 2, Level 3, felony, a Class B Level 4, felony, or a Class C Level 5 felony, the jury shall consist of twelve (12) qualified jurors unless the defendant and prosecuting attorney agree to a lesser number; or
        (2) any other crime, the jury shall consist of six (6) qualified

jurors.
    SECTION 392. IC 35-37-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) In prosecutions for murder where the death penalty is sought, the defendant may challenge, peremptorily, twenty (20) jurors.
    (b) In prosecutions for murder, where the death penalty is not sought, and Class A, Class B, Level 1, Level 2, Level 3, Level 4, or Class C Level 5 felonies, the defendant may challenge, peremptorily, ten (10) jurors.
    (c) In prosecutions for all other crimes, the defendant may challenge, peremptorily, five (5) jurors.
    (d) When several defendants are tried together, they must join in their challenges.
    SECTION 393. IC 35-38-1-1.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1.5. (a) A court may enter judgment of conviction as a Class D Level 6 felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor within three (3) years if the person fulfills certain conditions. A court may enter a judgment of conviction as a Class D Level 6 felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor only if the person pleads guilty to a Class D Level 6 felony that qualifies for consideration as a Class A misdemeanor under IC 35-50-2-7, and the following conditions are met:
        (1) The prosecuting attorney consents.
        (2) The person agrees to the conditions set by the court.
    (b) For a judgment of conviction to be entered under subsection (a), the court, the prosecuting attorney, and the person must all agree to the conditions set by the court under subsection (a).
    (c) The court is not required to convert a judgment of conviction entered as a Class D Level 6 felony to a Class A misdemeanor if, after a hearing, the court finds:
        (1) the person has violated a condition set by the court under subsection (a); or
        (2) the period that the conditions set by the court under subsection (a) are in effect expires before the person successfully completes each condition.
However, the court may not convert a judgment of conviction entered as a Class D Level 6 felony to a Class A misdemeanor if the person

commits a new offense before the conditions set by the court under subsection (a) expire.
    (d) The court shall enter judgment of conviction as a Class A misdemeanor if the person fulfills the conditions set by the court under subsection (a).
    (e) The entry of a judgment of conviction under this section does not affect the application of any statute requiring the suspension of a person's driving privileges.
    (f) This section may not be construed to diminish or alter the rights of a victim (as defined in IC 35-40-4-8) in a sentencing proceeding under this chapter.
    SECTION 394. IC 35-38-1-7.5, AS AMENDED BY P.L.216-2007, SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7.5. (a) As used in this section, "sexually violent predator" means a person who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense (as defined in IC 11-8-8-5.2). The term includes a person convicted in another jurisdiction who is identified as a sexually violent predator under IC 11-8-8-20. The term does not include a person no longer considered a sexually violent predator under subsection (g).
    (b) A person who:
        (1) being at least eighteen (18) years of age, commits an offense described in:
            (A) IC 35-42-4-1;
            (B) IC 35-42-4-2 (repealed);
            (C) IC 35-42-4-3 as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014);
            (D) IC 35-42-4-5(a)(1);
            (E) IC 35-42-4-5(a)(2);
            (F) IC 35-42-4-5(a)(3);
            (G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for a crime committed before July 1, 2014) or Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014);
            (H) IC 35-42-4-5(b)(2);
            (I) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for a

crime committed before July 1, 2014) or a Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014);
            (J) an attempt or conspiracy to commit a crime listed in clauses (A) through (I); or
            (K) a crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) through (J);
        (2) commits a sex offense (as defined in IC 11-8-8-5.2) while having a previous unrelated conviction for a sex offense for which the person is required to register as a sex or violent offender under IC 11-8-8;
        (3) commits a sex offense (as defined in IC 11-8-8-5.2) while having had a previous unrelated adjudication as a delinquent child for an act that would be a sex offense if committed by an adult, if, after considering expert testimony, a court finds by clear and convincing evidence that the person is likely to commit an additional sex offense; or
        (4) commits a sex offense (as defined in IC 11-8-8-5.2) while having had a previous unrelated adjudication as a delinquent child for an act that would be a sex offense if committed by an adult, if the person was required to register as a sex or violent offender under IC 11-8-8-5(b)(2);
is a sexually violent predator. Except as provided in subsection (g) or (h), a person is a sexually violent predator by operation of law if an offense committed by the person satisfies the conditions set forth in subdivision (1) or (2) and the person was released from incarceration, secure detention, or probation for the offense after June 30, 1994.
    (c) This section applies whenever a court sentences a person or a juvenile court issues a dispositional decree for a sex offense (as defined in IC 11-8-8-5.2) for which the person is required to register with the local law enforcement authority under IC 11-8-8.
    (d) At the sentencing hearing, the court shall indicate on the record whether the person has been convicted of an offense that makes the person a sexually violent predator under subsection (b).
    (e) If a person is not a sexually violent predator under subsection (b), the prosecuting attorney may request the court to conduct a hearing to determine whether the person (including a child adjudicated to be a delinquent child) is a sexually violent predator under subsection (a). If

the court grants the motion, the court shall appoint two (2) psychologists or psychiatrists who have expertise in criminal behavioral disorders to evaluate the person and testify at the hearing. After conducting the hearing and considering the testimony of the two (2) psychologists or psychiatrists, the court shall determine whether the person is a sexually violent predator under subsection (a). A hearing conducted under this subsection may be combined with the person's sentencing hearing.
    (f) If a person is a sexually violent predator:
        (1) the person is required to register with the local law enforcement authority as provided in IC 11-8-8; and
        (2) the court shall send notice to the department of correction.
    (g) This subsection does not apply to a person who has two (2) or more unrelated convictions for an offense described in IC 11-8-8-4.5 for which the person is required to register under IC 11-8-8. A person who is a sexually violent predator may petition the court to consider whether the person should no longer be considered a sexually violent predator. The person may file a petition under this subsection not earlier than ten (10) years after:
        (1) the sentencing court or juvenile court makes its determination under subsection (e); or
        (2) the person is released from incarceration or secure detention.
A person may file a petition under this subsection not more than one (1) time per year. A court may dismiss a petition filed under this subsection or conduct a hearing to determine if the person should no longer be considered a sexually violent predator. If the court conducts a hearing, the court shall appoint two (2) psychologists or psychiatrists who have expertise in criminal behavioral disorders to evaluate the person and testify at the hearing. After conducting the hearing and considering the testimony of the two (2) psychologists or psychiatrists, the court shall determine whether the person should no longer be considered a sexually violent predator under subsection (a). If a court finds that the person should no longer be considered a sexually violent predator, the court shall send notice to the department of correction that the person is no longer considered a sexually violent predator. Notwithstanding any other law, a condition imposed on a person due to the person's status as a sexually violent predator, including lifetime parole or GPS monitoring, does not apply to a person no longer considered a sexually violent predator.


    (h) A person is not a sexually violent predator by operation of law under subsection (b)(1) if all of the following conditions are met:
        (1) The victim was not less than twelve (12) years of age at the time the offense was committed.
        (2) The person is not more than four (4) years older than the victim.
        (3) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term "ongoing personal relationship" does not include a family relationship.
        (4) The offense committed by the person was not any of the following:
            (A) Rape (IC 35-42-4-1).
            (B) Criminal deviate conduct (IC 35-42-4-2) (repealed).
            (C) An offense committed by using or threatening the use of deadly force or while armed with a deadly weapon.
            (D) An offense that results in serious bodily injury.
            (E) An offense that is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
        (5) The person has not committed another sex offense (as defined in IC 11-8-8-5.2) (including a delinquent act that would be a sex offense if committed by an adult) against any other person.
        (6) The person did not have a position of authority or substantial influence over the victim.
        (7) The court finds that the person should not be considered a sexually violent predator.
    SECTION 395. IC 35-38-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) Except as provided in subsection (c), a defendant convicted of a felony may not be sentenced before a written presentence report is prepared by a probation officer and considered by the sentencing court. Delay of sentence until a presentence report is prepared does not constitute an indefinite postponement or suspension of sentence.
    (b) A victim present at sentencing in a felony or misdemeanor case shall be advised by the court of a victim's right to make a statement

concerning the crime and the sentence.
    (c) A court may sentence a person convicted of a Class D Level 6 felony without considering a written presentence report prepared by a probation officer. However, if a defendant is committed to the department of correction or a community corrections program under IC 35-38-2.6, the probation officer shall prepare a report that meets the requirements of section 9 of this chapter to be sent with the offender to the department in lieu of the presentence investigation report required by section 14 of this chapter.
    SECTION 396. IC 35-38-1-17, AS AMENDED BY P.L.114-2012, SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 17. (a) Within three hundred sixty-five (365) days At any time after:
        (1) a convicted person begins serving the person's sentence;
        (2) a hearing is held:
            (A) at which the convicted person is present; and
            (B) of which the prosecuting attorney has been notified; and
        (3) the court obtains a report from the department of correction concerning the convicted person's conduct while imprisoned;
the court may reduce or suspend the sentence and impose a sentence that the court was authorized to impose at the time of sentencing. The court must incorporate its reasons in the record.
    (b) If more than three hundred sixty-five (365) days have elapsed since the convicted person began serving the sentence and after a hearing at which the convicted person is present, the court may reduce or suspend the sentence, subject to the approval of the prosecuting attorney. However, if in a sentencing hearing for a convicted person conducted after June 30, 2001, the court could have placed the convicted person in a community corrections program as an alternative to commitment to the department of correction, the court may modify the convicted person's sentence under this section without the approval of the prosecuting attorney to place the convicted person in a community corrections program under IC 35-38-2.6.
    (c) (b) The court must give notice of the order to reduce or suspend the sentence under this section to the prosecuting attorney and the victim (as defined in IC 35-31.5-2-348) of the crime for which the convicted person is serving the sentence.
    (d) (c) The court may suspend a sentence for a felony under this section only if suspension is permitted under IC 35-50-2-2.

IC 35-50-2-2.2.
    (e) (d) The court may deny a request to suspend or reduce a sentence under this section without making written findings and conclusions.
    (f) (e) Notwithstanding subsections (a) and (b), The court is not required to conduct a hearing before reducing or suspending a sentence if:
        (1) the prosecuting attorney has filed with the court an agreement of the reduction or suspension of the sentence; and
        (2) the convicted person has filed with the court a waiver of the right to be present when the order to reduce or suspend the sentence is considered.
    SECTION 397. IC 35-38-1-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 24. (a) This section applies to a person if the most serious offense for which the person is committed is a Class C or Class D felony (for a crime committed before July 1, 2014) or a Level 5 or Level 6 felony (for a crime committed after June 30, 2014).
    (b) Not later than forty-five (45) days after receiving a notice under IC 11-10-11.5-2, the sentencing court may order the department of correction to retain control over a person until the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term, if the court makes specific findings that support a determination:
        (1) that placement of the person in a community transition program:
            (A) places the person in danger of serious bodily injury or death; or
            (B) represents a substantial threat to the safety of others; or
        (2) of other good cause.
If the court issues an order under this section, the department of correction may not assign a person to a community transition program.
    (c) The court may make a determination under this section without a hearing. The court shall consider any written statement presented to the court by a victim of the offender's crime or by an offender under IC 11-10-11.5-4.5. The court in its discretion may consider statements submitted by a victim after the time allowed for the submission of statements under IC 11-10-11.5-4.5.
    (d) The court shall make written findings for a determination under

this section, whether or not a hearing was held.
    (e) Not later than five (5) days after making a determination under this section, the court shall send a copy of the order to the:
        (1) prosecuting attorney where the person's case originated; and
        (2) department of correction.
    SECTION 398. IC 35-38-1-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 25. (a) This section applies to a person if the most serious offense for which the person is committed is murder, a Class A felony, or a Class B felony (for a crime committed before July 1, 2014), or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014).
    (b) A sentencing court may sentence a person or modify the sentence of a person to assign the person to a community transition program for any period that begins after the person's community transition program commencement date (as defined in IC 11-8-1-5.6) and ends when the person completes the person's fixed term of imprisonment, less the credit time the person has earned with respect to the term, if the court makes specific findings of fact that support a determination that it is in the best interests of justice to make the assignment. The order may include any other condition that the court could impose if the court had placed the person on probation under IC 35-38-2 or in a community corrections program under IC 35-38-2.6.
    (c) The court may make a determination under this section without a hearing. The court shall consider any written statement presented to the court by a victim of the offender's crime or by an offender under IC 11-10-11.5-4.5. The court in its discretion may consider statements submitted by a victim after the time allowed for the submission of statements under IC 11-10-11.5-4.5.
    (d) The court shall make written findings for a determination under this section, whether or not a hearing was held.
    (e) Not later than five (5) days after making a determination under this section, the court shall send a copy of the order to the:
        (1) prosecuting attorney where the person's case originated; and
        (2) department of correction.
    SECTION 399. IC 35-38-2-2.5, AS AMENDED BY P.L.216-2007, SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.5. (a) As used in this section, "offender" means an individual convicted of a sex offense.
    (b) As used in this section, "sex offense" means any of the

following:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4(b)).
        (5) Vicarious sexual gratification (IC 35-42-4-5).
        (6) Child solicitation (IC 35-42-4-6).
        (7) Child seduction (IC 35-42-4-7).
        (8) Sexual battery (IC 35-42-4-8).
        (9) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
        (10) Incest (IC 35-46-1-3).
    (c) A condition of remaining on probation or parole after conviction for a sex offense is that the offender not reside within one (1) mile of the residence of the victim of the offender's sex offense.
    (d) An offender:
        (1) who will be placed on probation shall provide the sentencing court and the probation department with the address where the offender intends to reside during the period of probation:
            (A) at the time of sentencing if the offender will be placed on probation without first being incarcerated; or
            (B) before the offender's release from incarceration if the offender will be placed on probation after completing a term of incarceration; or
        (2) who will be placed on parole shall provide the parole board with the address where the offender intends to reside during the period of parole.
    (e) An offender, while on probation or parole, may not establish a new residence within one (1) mile of the residence of the victim of the offender's sex offense unless the offender first obtains a waiver from the:
        (1) court, if the offender is placed on probation; or
        (2) parole board, if the offender is placed on parole;
for the change of address under subsection (f).
    (f) The court or parole board may waive the requirement set forth in subsection (c) only if the court or parole board, at a hearing at which the offender is present and of which the prosecuting attorney has been notified, determines that:
        (1) the offender has successfully completed a sex offender treatment program during the period of probation or parole;


        (2) the offender is in compliance with all terms of the offender's probation or parole; and
        (3) good cause exists to allow the offender to reside within one (1) mile of the residence of the victim of the offender's sex offense.
However, the court or parole board may not grant a waiver under this subsection if the offender is a sexually violent predator under IC 35-38-1-7.5 or if the offender is an offender against children under IC 35-42-4-11.
    (g) If the court or parole board grants a waiver under subsection (f), the court or parole board shall state in writing the reasons for granting the waiver. The court's written statement of its reasons shall be incorporated into the record.
    (h) The address of the victim of the offender's sex offense is confidential even if the court or parole board grants a waiver under subsection (f).
    SECTION 400. IC 35-38-2.6-1, AS AMENDED BY P.L.151-2006, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) Except as provided in subsection (b), this chapter applies to the sentencing of a person convicted of:
        (1) a felony whenever any part of the sentence may not be suspended under IC 35-50-2-2 IC 35-50-2-2.2 or IC 35-50-2-2.1;
        (2) a misdemeanor whenever any part of the sentence may not be suspended; or
        (3) an offense described in under IC 9-30-5 (operating a vehicle while intoxicated) if the person who committed the offense has accumulated at least two (2) prior unrelated convictions under IC 9-30-5, IC 35-50-2-2(b)(4)(R) (operating a vehicle while intoxicated with at least two (2) prior unrelated convictions), and if the person:
            (A) is required to serve the nonsuspendible part of the sentence in a community corrections:
                (i) work release program; or
                (ii) program that uses electronic monitoring as a part of the person's supervision; and
            (B) participates in a court approved substance abuse program.
    (b) This chapter does not apply to persons convicted of any of the following:
        (1) Sex crimes under IC 35-42-4 or IC 35-46-1-3.
        (2) Except as provided in subsection (a)(3), any of the following

felonies:
             (A) Murder (IC 35-42-1-1).
            (B) Battery (IC 35-42-2-1) with a deadly weapon or battery causing death.
            (C) Kidnapping (IC 35-42-3-2).
            (D) Criminal confinement (IC 35-42-3-3) with a deadly weapon.
            (E) Robbery (IC 35-42-5-1) resulting in serious bodily injury or with a deadly weapon.
            (F) Arson (IC 35-43-1-1) for hire resulting in serious bodily injury.
            (G) Burglary (IC 35-43-2-1) resulting in serious bodily injury.

             (H) Resisting law enforcement (IC 35-44.1-3-1) with a deadly weapon.
            (I) Escape (IC 35-44.1-3-4) with a deadly weapon.
            (J) Rioting (IC 35-45-1-2) with a deadly weapon.
            (K) Dealing in cocaine or a narcotic drug (IC 35-48-4-1) if the court finds the person possessed a firearm (as defined in IC 35-47-1-5) at the time of the offense, or the person delivered or intended to deliver to a person under eighteen (18) years of age at least three (3) years junior to the person and was on a school bus or within five hundred (500) feet of:
                (i) school property; or
                (ii) a public park.
            (L) Dealing in methamphetamine (IC 35-48-4-1.1) if the court finds the person possessed a firearm (as defined in IC 35-47-1-5) at the time of the offense, or the person delivered or intended to deliver the methamphetamine pure or adulterated to a person under eighteen (18) years of age at least three (3) years junior to the person and was on a school bus or within five hundred (500) feet of:
                (i) school property; or
                (ii) a public park.
            (M) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2) if the court finds the person possessed a firearm (as defined in IC 35-47-1-5) at the time of the offense, or the person delivered or intended to deliver to a

person under eighteen (18) years of age at least three (3) years junior to the person and was on a school bus or within five hundred (500) feet of:
                (i) school property; or
                (ii) a public park.
            (N) An offense under IC 9-30-5 (operating a vehicle while intoxicated) and the person who committed the offense has accumulated at least two (2) prior unrelated convictions under IC 9-30-5.
            (O) An offense under IC 9-30-5-5(b) (operating a vehicle while intoxicated causing death).
            (P) Aggravated battery (IC 35-42-2-1.5).
            (Q) Disarming a law enforcement officer (IC 35-44.1-3-2).
listed in IC 35-50-2-2(b)(4).
        (3) An offense under IC 9-30-5-4.
        (4) An offense under IC 9-30-5-5.
    SECTION 401. IC 35-38-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. As used in this chapter:
    "Earliest possible release date" means the date, computed as of the date of sentencing, on which a person would be entitled to discharge or release on parole considering:
        (1) the term of the sentence;
        (2) the term of any other concurrent or consecutive sentence that the person must serve;
        (3) credit time that the person has earned before sentencing; and
        (4) the maximum amount of credit time that the person would earn if he the person remained in a Class I or credit time assignment during his the person's period of commitment.
    "Rated capacity" means the number of inmates that can be housed at the facility as determined by the most recent jail inspection report.
    "Receiving authority" means:
        (1) the department of correction;
        (2) a sheriff, if incarceration is authorized in a county jail; or
        (3) a facility or place designated by the department of correction.
    SECTION 402. IC 35-38-3-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) The department, after diagnosis and classification, shall:
        (1) determine the degree of security (maximum, medium, or

minimum) to which a convicted person will be assigned;
        (2) for each offender convicted of a Class D felony whose sentence for the Class D felony is nonsuspendible under IC 35-50-2-2(b)(3) due to a prior unrelated Class C or Class D felony, determine whether the offender is an appropriate candidate for home detention under IC 35-38-2.5;
        (3) (2) for each offender convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) whose sentence for the Class D felony or Level 6 felony is nonsuspendible at the time of the offense under:
            (A) IC 35-50-2-2.1(a)(1)(B);
            (B) IC 35-50-2-2.1(a)(1)(C); or
            (C) IC 35-50-2-2.1(a)(2);
        determine whether the offender is an appropriate candidate for home detention under IC 35-38-2.5;
        (4) (3) for each offender:
            (A) committed to the department because the offender has been convicted for the first time of a Class C or a Class D felony (for a crime committed before July 1, 2014) or a Level 5 or Level 6 felony (for a crime committed after June 30, 2014); and
            (B) whose sentence may be suspended;
        determine whether the offender is an appropriate candidate for home detention under IC 35-38-2.5;
        (5) (4) notify the trial court and prosecuting attorney if the degree of security assigned differs from the court's recommendations; and
        (6) (5) petition the sentencing court under IC 35-38-1-21 for review of the sentence of an offender who is not a habitual offender sentenced under IC 35-50-2-8 or IC 35-50-2-10 (repealed), and who the department has determined under subdivision (2) or subdivision (3), to be an appropriate candidate for home detention.
    (b) The department may change the degree of security to which the person is assigned. However, if the person is changed to a lesser degree security during the first two (2) years of the commitment, the department shall notify the trial court and the prosecuting attorney not less than thirty (30) days before the effective date of the changed

security assignment.
    SECTION 403. IC 35-38-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. This chapter applies only to an offense that is any of the following:
        (1) Murder.
        (2) A Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony (for a crime committed after June 30, 2014).
        (3) A Class B felony (for a crime committed before July 1, 2014) or a Level 2 felony (for a crime committed after June 30, 2014).
        (4) A Class C felony (for a crime committed before July 1, 2014) or a Level 3 felony (for a crime committed after June 30, 2014).
         (5) A Level 4 felony (for a crime committed after June 30, 2014).
        (6) A Level 5 felony (for a crime committed after June 30, 2014).

    SECTION 404. IC 35-38-8-2, AS ADDED BY P.L.194-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. This chapter applies only to a person:
        (1) convicted of a misdemeanor or a Class D felony (for a crime committed before July 1, 2014) or Level 6 felony (for a crime committed after June 30, 2014) that did not result in injury to a person; or
        (2) adjudicated a delinquent child for committing an offense that, if committed by an adult, would be a misdemeanor or a Class D or Level 6 felony that did not result in injury to a person.
    SECTION 405. IC 35-38-8-4, AS ADDED BY P.L.194-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. The court shall grant a petition under this chapter if the court finds:
        (1) the person is:
            (A) not a sex or violent offender; or
            (B) a sex or violent offender, but the offender's status as a sex or violent offender is solely due to the offender's conviction for sexual misconduct with a minor (IC 35-42-4-9) and the offender proved that the defense described in IC 35-42-4-9(e) applies to the offender;


        (2) the person was:
            (A) convicted of a misdemeanor or a Class D felony (for a crime committed before July 1, 2014) or Level 6 felony (for a crime committed after June 30, 2014) that did not result in injury to a person; or
            (B) adjudicated a delinquent child for committing an offense that, if committed by an adult, would be a misdemeanor or a Class D felony or Level 6 felony not resulting in injury to a person;
        (3) eight (8) years have passed since the person completed the person's sentence and satisfied any other obligation imposed on the person as part of the sentence; and
        (4) the person has not been convicted of a felony since the person completed the person's sentence and satisfied any other obligation imposed on the person as part of the sentence.
    SECTION 406. IC 35-38-8-5, AS ADDED BY P.L.194-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. If the court grants the petition of a person under this chapter, the court shall do the following:
        (1) Order:
            (A) the department of correction; and
            (B) each:
                (i) law enforcement agency; and
                (ii) other person;
            who incarcerated, provided treatment for, or provided other services for the person under an order of the court;
        to prohibit the release of the person's records or information relating to the misdemeanor, nonviolent Class D felony, nonviolent Level 6 felony, or juvenile adjudication described in section 2 of this chapter, in the person's records to a noncriminal justice agency without a court order.
        (2) Order any:
            (A) state;
            (B) regional; or
            (C) local;
        central repository for criminal history information to prohibit the release of the person's records or information relating to the misdemeanor, nonviolent Class D felony, nonviolent Level 6 felony, or juvenile adjudication described in section 2 of this

chapter, in the person's records to a noncriminal justice agency without a court order.
    SECTION 407. IC 35-41-4-2, AS AMENDED BY P.L.143-2009, SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:
        (1) within five (5) years after the commission of the offense, in the case of a Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014); or
        (2) within two (2) years after the commission of the offense, in the case of a misdemeanor.
    (b) A prosecution for a Class B or Class C felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014) that would otherwise be barred under this section may be commenced within one (1) year after the earlier of the date on which the state:
        (1) first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis; or
        (2) could have discovered evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis by the exercise of due diligence.
    (c) A prosecution for a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014) may be commenced at any time.
    (d) A prosecution for murder may be commenced:
        (1) at any time; and
        (2) regardless of the amount of time that passes between:
            (A) the date a person allegedly commits the elements of murder; and
            (B) the date the alleged victim of the murder dies.
    (e) A prosecution for the following offenses is barred unless commenced before the date that the alleged victim of the offense reaches thirty-one (31) years of age:
        (1) IC 35-42-4-3(a) (Child molesting).
        (2) IC 35-42-4-5 (Vicarious sexual gratification).
        (3) IC 35-42-4-6 (Child solicitation).


        (4) IC 35-42-4-7 (Child seduction).
        (5) IC 35-46-1-3 (Incest).
    (f) A prosecution for forgery of an instrument for payment of money, or for the uttering of a forged instrument, under IC 35-43-5-2, is barred unless it is commenced within five (5) years after the maturity of the instrument.
    (g) If a complaint, indictment, or information is dismissed because of an error, defect, insufficiency, or irregularity, a new prosecution may be commenced within ninety (90) days after the dismissal even if the period of limitation has expired at the time of dismissal, or will expire within ninety (90) days after the dismissal.
    (h) The period within which a prosecution must be commenced does not include any period in which:
        (1) the accused person is not usually and publicly resident in Indiana or so conceals himself or herself that process cannot be served;
        (2) the accused person conceals evidence of the offense, and evidence sufficient to charge the person with that offense is unknown to the prosecuting authority and could not have been discovered by that authority by exercise of due diligence; or
        (3) the accused person is a person elected or appointed to office under statute or constitution, if the offense charged is theft or conversion of public funds or bribery while in public office.
    (i) For purposes of tolling the period of limitation only, a prosecution is considered commenced on the earliest of these dates:
        (1) The date of filing of an indictment, information, or complaint before a court having jurisdiction.
        (2) The date of issuance of a valid arrest warrant.
        (3) The date of arrest of the accused person by a law enforcement officer without a warrant, if the officer has authority to make the arrest.
    (j) A prosecution is considered timely commenced for any offense to which the defendant enters a plea of guilty, notwithstanding that the period of limitation has expired.
    (k) The following apply to the specified offenses:
        (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of funeral trust funds) is barred unless commenced within five (5) years after the date of death of the settlor (as described in IC 30-2-9).
        (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse of funeral trust funds) is barred unless commenced within five (5) years after the date of death of the settlor (as described in IC 30-2-10).
        (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse of funeral trust or escrow account funds) is barred unless commenced within five (5) years after the date of death of the purchaser (as defined in IC 30-2-13-9).
    (l) A prosecution for an offense under IC 23-14-48-9 is barred unless commenced within five (5) years after the earlier of the date on which the state:
        (1) first discovers evidence sufficient to charge the offender with the offense; or
        (2) could have discovered evidence sufficient to charge the offender with the offense by the exercise of due diligence.
    SECTION 408. IC 35-41-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) A person attempts to commit a crime when, acting with the culpability required for commission of the crime, he the person engages in conduct that constitutes a substantial step toward commission of the crime. An attempt to commit a crime is a felony or misdemeanor of the same class level as the crime attempted. However, an attempt to commit murder is a Class A Level 1 felony.
    (b) It is no defense that, because of a misapprehension of the circumstances, it would have been impossible for the accused person to commit the crime attempted.
    SECTION 409. IC 35-41-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) A person conspires to commit a felony when, with intent to commit the felony, he the person agrees with another person to commit the felony. A conspiracy to commit a felony is a felony of the same class level as the underlying felony. However, a conspiracy to commit murder is: a Class A felony.
         (1) a Level 2 felony if the conspiracy does not result in the death of a person; and
        (2) a Level 1 felony if the conspiracy results in the death of another person.

    (b) The state must allege and prove that either the person or the person with whom he or she agreed performed an overt act in

furtherance of the agreement.
    (c) It is no defense that the person with whom the accused person is alleged to have conspired:
        (1) has not been prosecuted;
        (2) has not been convicted;
        (3) has been acquitted;
        (4) has been convicted of a different crime;
        (5) cannot be prosecuted for any reason; or
        (6) lacked the capacity to commit the crime.
    SECTION 410. IC 35-42-1-1, AS AMENDED BY P.L.1-2007, SECTION 230, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person who:
        (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 (before its repeal), kidnapping, rape, robbery, human trafficking, promotion of human trafficking, sexual trafficking of a minor, or carjacking (before its repeal);
        (3) kills another human being while committing or attempting to commit:
            (A) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
            (B) dealing in or manufacturing methamphetamine (IC 35-48-4-1.1);
            (C) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
            (D) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
            (E) 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.
    SECTION 411. IC 35-42-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. A person who intentionally causes another human being, by force, duress, or deception, to commit suicide commits causing suicide, a Class B Level 3 felony.
    SECTION 412. IC 35-42-1-2.5 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.5. (a) This section does not apply to the following:
        (1) A licensed health care provider who administers, prescribes, or dispenses medications or procedures to relieve a person's pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, unless such medications or procedures are intended to cause death.
        (2) The withholding or withdrawing of medical treatment or life-prolonging procedures by a licensed health care provider, including pursuant to IC 16-36-4 (living wills and life-prolonging procedures), IC 16-36-1 (health care consent), or IC 30-5 (power of attorney).
    (b) A person who has knowledge that another person intends to commit or attempt to commit suicide and who intentionally does either of the following commits assisting suicide, a Class C Level 5 felony:
        (1) Provides the physical means by which the other person attempts or commits suicide.
        (2) Participates in a physical act by which the other person attempts or commits suicide.
    SECTION 413. IC 35-42-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) A person who knowingly or intentionally:
        (1) kills another human being; or
        (2) kills a fetus that has attained viability (as defined in IC 16-18-2-365);
while acting under sudden heat commits voluntary manslaughter, a Class B Level 2 felony. However, the offense is a Class A felony if it is committed by means of a deadly weapon.
    (b) The existence of sudden heat is a mitigating factor that reduces what otherwise would be murder under section 1(1) of this chapter to voluntary manslaughter.
    SECTION 414. IC 35-42-1-4, AS AMENDED BY P.L.7-2010, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. (a) As used in this section, "child care provider" means a person who provides child care in or on behalf of:
        (1) a child care center (as defined in IC 12-7-2-28.4); or
        (2) a child care home (as defined in IC 12-7-2-28.6);
regardless of whether the child care center or child care home is licensed.


    (b) (a) As used in this section, "fetus" means a fetus that has attained viability (as defined in IC 16-18-2-365).
    (c) (b) A person who kills another human being while committing or attempting to commit:
        (1) a Class C or Class D Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;
        (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or
        (3) battery;
commits involuntary manslaughter, a Class C Level 5 felony. However, if the killing results from the operation of a vehicle, the offense is a Class D felony.
    (d) (c) A person who kills a fetus while committing or attempting to commit:
        (1) a Class C or Class D Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;
        (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury;
        (3) battery; or
        (4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated);
commits involuntary manslaughter, a Class C Level 5 felony. However, if the killing results from the operation of a vehicle, the offense is a Class D felony.
    (e) If:
        (1) a child care provider recklessly supervises a child; and
        (2) the child dies as a result of the child care provider's reckless supervision;
the child care provider commits involuntary manslaughter, a Class D felony.
    SECTION 415. IC 35-42-1-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. A person who recklessly kills another human being commits reckless homicide, a Class C Level 5 felony.
    SECTION 416. IC 35-42-1-6, AS AMENDED BY P.L.40-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. A person who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus commits feticide, a Class B Level

3 felony. This section does not apply to an abortion performed in compliance with:
        (1) IC 16-34; or
        (2) IC 35-1-58.5 (before its repeal).
    SECTION 417. IC 35-42-1-7 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 7. (a) As used in this section, "component" means plasma, platelets, or serum of a human being.
    (b) A person who recklessly, knowingly, or intentionally donates, sells, or transfers blood, a blood component, or semen for artificial insemination (as defined in IC 16-41-14-2) that contains the human immunodeficiency virus (HIV) commits transferring contaminated body fluids, a Class C felony.
    (c) However, the offense is a Class A felony if it results in the transmission of the human immunodeficiency virus (HIV) to any person other than the defendant.
    (d) This section does not apply to:
        (1) a person who, for reasons of privacy, donates, sells, or transfers blood or a blood component at a blood center (as defined in IC 16-41-12-3) after the person has notified the blood center that the blood or blood component must be disposed of and may not be used for any purpose;
        (2) a person who transfers blood, a blood component, semen, or another body fluid that contains the human immunodeficiency virus (HIV) for research purposes; or
        (3) a person who is an autologous blood donor for stem cell transplantation.
    SECTION 418. IC 35-42-1-8 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 8. (a) The sale or distribution of:
        (1) diagnostic testing equipment or apparatus; or
        (2) a blood collection kit;
intended for home use to diagnose or confirm human immunodeficiency virus (HIV) infection or disease is prohibited unless the testing equipment, apparatus, or kit has been approved for such use by the federal Food and Drug Administration.
    (b) A person who violates this section commits a Class A misdemeanor.
    SECTION 419. IC 35-42-1-9 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 9. (a) Except as provided in this section, a person who recklessly violates or fails to comply with IC 16-41-7 commits a Class

B misdemeanor.
    (b) A person who knowingly or intentionally violates or fails to comply with IC 16-41-7-1 commits a Class D felony.
    (c) Each day a violation described in this section continues constitutes a separate offense.
    SECTION 420. IC 35-42-2-1, AS AMENDED BY P.L.114-2012, SECTION 137, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) As used in this section, "public safety official" means:
        (1) a law enforcement officer, including an alcoholic beverage enforcement officer;
        (2) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71);
        (3) an employee of the department of correction;
        (4) a probation officer;
        (5) a parole officer;
        (6) a community corrections worker;
        (7) a home detention officer;
        (8) a department of child services employee;
        (9) a firefighter; or
        (10) an emergency medical services provider.

    (a) (b) Except as provided in subsections (c) through (j), a person who knowingly or intentionally:
         (1) touches another person in a rude, insolent, or angry manner; or
        (2) in a rude, insolent, or angry manner places any bodily fluid or waste on another person;

commits battery, a Class B misdemeanor.
     (c) The offense described in subsection (b)(1) or (b)(2) is a Class A misdemeanor if it results in bodily injury to any other person.
     (d) The offense described in subsection (b)(1) or (b)(2) is a Level 6 felony if one (1) or more of the following apply:
        (1) The offense results in moderate bodily injury to any other person.
        (2) The offense is committed against a public safety official while the official is engaged in the official's official duty.
        (3) The offense is committed against a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.


        (4) The offense is committed against a person of any age who has a mental or physical disability and is committed by a person having the care of the person with the mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation.
        (5) The offense is committed against an endangered adult (as defined in IC 12-10-3-2).
        (6) The offense is committed against a family or household member (as defined in IC 35-31.5-2-128) if the person who committed the offense:
            (A) is at least eighteen (18) years of age; and
            (B) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.

     (e) The offense described in subsection (b)(2) is a Level 6 felony if the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus.
    (f) The offense described in subsection (b)(1) or (b)(2) is a Level 5 felony if one (1) or more of the following apply:
        (1) The offense results in serious bodily injury to another person.
        (2) The offense is committed with a deadly weapon.

         (3) The offense results in bodily injury to a pregnant woman if the person knew of the pregnancy.
        (4) The person has a previous conviction for battery against the same victim.
        (5) The offense results in bodily injury to one (1) or more of the following:
            (A) A public safety official while the official is engaged in the official's official duties.
            (B) A person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
            (C) A person who has a mental or physical disability if the offense is committed by an individual having care of the person with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation.
            (D) An endangered adult (as defined in IC 12-10-3-2).
    (g) The offense described in subsection (b)(2) is a Level 5 felony if:
        (1) the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus; and
        (2) the person placed the bodily fluid or waste on a public safety official.
    (h) The offense described in subsection (b)(1) or (b)(2) is a Level 4 felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2).
    (i) The offense described in subsection (b)(1) or (b)(2) is a Level 3 felony if it results in serious bodily injury to a person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
    (j) The offense described in subsection (b)(1) or (b)(2) is a Level 2 felony if it results in the death of one (1) or more of the following:
        (1) A person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
        (2) An endangered adult (as defined in IC 12-10-3-2).

However, the offense is:
        (1) a Class A misdemeanor if:
            (A) it results in bodily injury to any other person;
            (B) it is committed against a law enforcement officer or against a person summoned and directed by the officer while the officer is engaged in the execution of the officer's official duty;
            (C) it is committed against an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;
            (D) it is committed against a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter's official duty;
            (E) it is committed against a community policing volunteer:
                (i) while the volunteer is performing the duties described in IC 35-31.5-2-49; or
                (ii) because the person is a community policing volunteer; or
            (F) it is committed against the state chemist or the state chemist's agent while the state chemist or the state chemist's agent is performing a duty under IC 15-16-5;
        (2) a Class D felony if it results in bodily injury to:
            (A) a law enforcement officer or a person summoned and directed by a law enforcement officer while the officer is engaged in the execution of the officer's official duty;
            (B) a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
            (C) a person of any age who has a mental or physical disability and is committed by a person having the care of the person with a mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation;
            (D) the other person and the person who commits the battery was previously convicted of a battery in which the victim was the other person;
            (E) an endangered adult (as defined in IC 12-10-3-2);
            (F) an employee of the department of correction while the employee is engaged in the execution of the employee's official duty;
            (G) an employee of a school corporation while the employee is engaged in the execution of the employee's official duty;
            (H) a correctional professional while the correctional professional is engaged in the execution of the correctional professional's official duty;
            (I) a person who is a health care provider (as defined in IC 16-18-2-163) while the health care provider is engaged in the execution of the health care provider's official duty;
            (J) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;
            (K) a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter's official duty;
            (L) a community policing volunteer:
                (i) while the volunteer is performing the duties described in IC 35-31.5-2-49; or
                (ii) because the person is a community policing volunteer;
            (M) a family or household member (as defined in

IC 35-31.5-2-128) if the person who committed the offense:
                (i) is at least eighteen (18) years of age; and
                (ii) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense; or
            (N) a department of child services employee while the employee is engaged in the execution of the employee's official duty;
        (3) a Class C felony if it results in serious bodily injury to any other person or if it is committed by means of a deadly weapon;
        (4) a Class B felony if it results in serious bodily injury to a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
        (5) a Class A felony if it results in the death of a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
        (6) a Class C felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2);
        (7) a Class B felony if it results in the death of an endangered adult (as defined in IC 12-10-3-2); and
        (8) a Class C felony if it results in bodily injury to a pregnant woman and the person knew the woman was pregnant.
    (b) For purposes of this section:
        (1) "law enforcement officer" includes an alcoholic beverage enforcement officer; and
        (2) "correctional professional" means a:
            (A) probation officer;
            (B) parole officer;
            (C) community corrections worker; or
            (D) home detention officer.
    SECTION 421. IC 35-42-2-1.3, AS AMENDED BY P.L.6-2012, SECTION 225, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1.3. (a) A person who knowingly or intentionally touches an individual who:
        (1) is or was a spouse of the other person;
        (2) is or was living as if a spouse of the other person as provided in subsection (c); or
        (3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the

person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor.
    (b) However, the offense under subsection (a) is a Class D Level 6 felony if the person who committed the offense:
        (1) has a previous, unrelated conviction:
            (A) under this section (or IC 35-42-2-1(a)(2)(E) before that provision was removed by P.L.188-1999, SECTION 5); or
            (B) in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements described in this section; or
        (2) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.
    (c) In considering whether a person is or was living as a spouse of another individual for purposes of subsection (a)(2), the court shall review:
        (1) the duration of the relationship;
        (2) the frequency of contact;
        (3) the financial interdependence;
        (4) whether the two (2) individuals are raising children together;
        (5) whether the two (2) individuals have engaged in tasks directed toward maintaining a common household; and
        (6) other factors the court considers relevant.
    SECTION 422. IC 35-42-2-1.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1.5. A person who knowingly or intentionally inflicts injury on a person that creates a substantial risk of death or causes:
        (1) serious permanent disfigurement;
        (2) protracted loss or impairment of the function of a bodily member or organ; or
        (3) the loss of a fetus;
commits aggravated battery, a Class B Level 3 felony. However, the offense is a Level 1 felony if it results in the death of a child less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.
    SECTION 423. IC 35-42-2-2, AS AMENDED BY P.L.75-2006, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) As used in this section, "hazing" means

forcing or requiring another person:
        (1) with or without the consent of the other person; and
        (2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.
    (b) (a) A person who recklessly, knowingly, or intentionally performs
        (1) an act that creates a substantial risk of bodily injury to another person or
        (2) hazing;
commits criminal recklessness. Except as provided in subsection (c), (b), criminal recklessness is a Class B misdemeanor.
    (c) (b) The offense of criminal recklessness as defined in subsection (b) (a) is:
        (1) a Class A misdemeanor if the conduct includes the use of a vehicle;
        (2) (1) a Class D Level 6 felony if:
            (A) it is committed while armed with a deadly weapon; or
            (B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; or
        (3) (2) a Class C Level 5 felony if:
            (A) it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather; or
            (B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death of another person.
    (d) A person who recklessly, knowingly, or intentionally:
        (1) inflicts serious bodily injury on another person; or
        (2) performs hazing that results in serious bodily injury to a person;
commits criminal recklessness, a Class D felony. However, the offense is a Class C felony if committed by means of a deadly weapon.
    (e) A person, other than a person who has committed an offense under this section or a delinquent act that would be an offense under this section if the violator was an adult, who:
        (1) makes a report of hazing in good faith;
        (2) participates in good faith in a judicial proceeding resulting from a report of hazing;
        (3) employs a reporting or participating person described in

subdivision (1) or (2); or
        (4) supervises a reporting or participating person described in subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might otherwise be imposed because of the report or participation.
    (f) A person described in subsection (e)(1) or (e)(2) is presumed to act in good faith.
    (g) A person described in subsection (e)(1) or (e)(2) may not be treated as acting in bad faith solely because the person did not have probable cause to believe that a person committed:
        (1) an offense under this section; or
        (2) a delinquent act that would be an offense under this section if the offender was an adult.
    SECTION 424. IC 35-42-2-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.5. (a) As used in this section, "hazing" means forcing or requiring another person:
        (1) with or without the consent of the other person; and
        (2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.

     (b) A person who knowingly or intentionally performs hazing commits a Class B misdemeanor. However, the offense is a Level 6 felony if it results in serious bodily injury to another person, and a Level 5 felony if it is committed by means of a deadly weapon.
    (c) A person, other than a person who has committed an offense under this section or a delinquent act that would be an offense under this section if the violator were an adult, who:
        (1) makes a report of hazing in good faith;
        (2) participates in good faith in a judicial proceeding resulting from a report of hazing;
        (3) employs a reporting or participating person described in subdivision (1) or (2); or
        (4) supervises a reporting or participating person described in subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might otherwise be imposed because of the report or participation.
    (d) A person described in subsection (c)(1) or (c)(2) is presumed to act in good faith.
    (e) A person described in subsection (c)(1) or (c)(2) may not be

treated as acting in bad faith solely because the person did not have probable cause to believe that a person committed:
        (1) an offense under this section; or
        (2) a delinquent act that would be an offense under this section if the offender were an adult.

    SECTION 425. IC 35-42-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable man person to commit battery commits provocation, a Class C infraction.
    SECTION 426. IC 35-42-2-4 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 4. (a) A person who recklessly, knowingly, or intentionally obstructs vehicular or pedestrian traffic commits obstruction of traffic, a Class B misdemeanor.
    (b) The offense described in subsection (a) is:
        (1) a Class A misdemeanor if the offense includes the use of a motor vehicle; and
        (2) a Class D felony if the offense results in serious bodily injury.
    SECTION 427. IC 35-42-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) As used in this section, "overpass" means a bridge or other structure designed to carry vehicular or pedestrian traffic over any roadway, railroad track, or waterway.
    (b) A person who knowingly, intentionally, or recklessly:
        (1) drops, causes to drop, or throws an object from an overpass; or
        (2) with intent that the object fall, places on an overpass an object that falls off the overpass;
causing bodily injury to another person commits overpass mischief, a Class C Level 5 felony. However, the offense is a Class B Level 4 felony if it results in serious bodily injury to another person.
    SECTION 428. IC 35-42-2-5.5 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 5.5. A person who recklessly, knowingly, or intentionally:
        (1) removes an appurtenance from a railroad signal system, resulting in damage or impairment of the operation of the railroad signal system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal on a railroad owned, leased, or operated by a railroad

carrier without consent of the railroad carrier involved;
        (2) tampers with or obstructs a switch, a frog, a rail, a roadbed, a crosstie, a viaduct, a bridge, a trestle, a culvert, an embankment, a structure, or an appliance pertaining to or connected with a railroad carrier without consent of the railroad carrier involved; or
        (3) steals, removes, alters, or interferes with a journal bearing, a brass, a waste, a packing, a triple valve, a pressure cock, a brake, an air hose, or another part of the operating mechanism of a locomotive, an engine, a tender, a coach, a car, a caboose, or a motor car used or capable of being used by a railroad carrier in Indiana without consent of the railroad carrier;
commits railroad mischief, a Class D felony. However, the offense is a Class C felony if it results in serious bodily injury to another person and a Class B felony if it results in the death of another person.
    SECTION 429. IC 35-42-2-6 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 6. (a) As used in this section, "corrections officer" includes a person employed by:
        (1) the department of correction;
        (2) a law enforcement agency;
        (3) a probation department;
        (4) a county jail; or
        (5) a circuit, superior, county, probate, city, or town court.
    (b) As used in this section, "firefighter" means a person who is a:
        (1) full-time, salaried firefighter;
        (2) part-time, paid firefighter; or
        (3) volunteer firefighter (as defined in IC 36-8-12-2).
    (c) As used in this section, "emergency medical responder" means a person who:
        (1) is certified under IC 16-31 and who meets the Indiana emergency medical services commission's standards for emergency medical responder certification; and
        (2) responds to an incident requiring emergency medical services.
    (d) As used in this section, "human immunodeficiency virus (HIV)" includes acquired immune deficiency syndrome (AIDS) and AIDS related complex.
    (e) A person who knowingly or intentionally in a rude, insolent, or angry manner places blood or another body fluid or waste on a law enforcement officer, firefighter, emergency medical responder,

corrections officer, or department of child services employee, identified as such and while engaged in the performance of official duties, or coerces another person to place blood or another body fluid or waste on the law enforcement officer, firefighter, emergency medical responder, corrections officer, or department of child services employee, commits battery by body waste, a Class D felony. However, the offense is:
        (1) a Class C felony if the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with:
            (A) hepatitis B or hepatitis C;
            (B) HIV; or
            (C) tuberculosis;
        (2) a Class B felony if:
            (A) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with hepatitis B or hepatitis C and the offense results in the transmission of hepatitis B or hepatitis C to the other person; or
            (B) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with tuberculosis and the offense results in the transmission of tuberculosis to the other person; and
        (3) a Class A felony if:
            (A) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with HIV; and
            (B) the offense results in the transmission of HIV to the other person.
    (f) A person who knowingly or intentionally in a rude, an insolent, or an angry manner places human blood, semen, urine, or fecal waste on another person commits battery by body waste, a Class A misdemeanor. However, the offense is:
        (1) a Class D felony if the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with:
            (A) hepatitis B or hepatitis C;
            (B) HIV; or
            (C) tuberculosis;
        (2) a Class C felony if:
            (A) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with hepatitis B or hepatitis C and the offense results in the transmission of

hepatitis B or hepatitis C to the other person; or
            (B) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with tuberculosis and the offense results in the transmission of tuberculosis to the other person; and
        (3) a Class B felony if:
            (A) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with HIV; and
            (B) the offense results in the transmission of HIV to the other person.
    SECTION 430. IC 35-42-2-7 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 7. (a) As used in this section, "tattoo" means:
        (1) any indelible design, letter, scroll, figure, symbol, or other mark placed with the aid of needles or other instruments; or
        (2) any design, letter, scroll, figure, or symbol done by scarring;
upon or under the skin.
    (b) As used in this section, "body piercing" means the perforation of any human body part other than an earlobe for the purpose of inserting jewelry or other decoration or for some other nonmedical purpose.
    (c) Except as provided in subsection (e), a person who provides a tattoo to a person who is less than eighteen (18) years of age commits tattooing a minor, a Class A misdemeanor.
    (d) This subsection does not apply to an act of a health care professional (as defined in IC 16-27-2-1) licensed under IC 25 when the act is performed in the course of the health care professional's practice. Except as provided in subsection (e), a person who performs body piercing upon a person who is less than eighteen (18) years of age commits body piercing a minor, a Class A misdemeanor.
    (e) A person may provide a tattoo to a person who is less than eighteen (18) years of age or perform body piercing upon a person who is less than eighteen (18) years of age if a parent or legal guardian of the person receiving the tattoo or undergoing the body piercing:
        (1) is present at the time the tattoo is provided or the body piercing is performed; and
        (2) provides written permission for the person to receive the tattoo or undergo the body piercing.
    (f) Notwithstanding IC 36-1-3-8(a), a unit (as defined in IC 36-1-2-23) may adopt an ordinance that is at least as restrictive or

more restrictive than this section or a rule adopted under IC 16-19-3-4.1 or IC 16-19-3-4.2.
    SECTION 431. IC 35-42-2-8 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 8. (a) The following definitions apply throughout this section:
        (1) "Health care provider" refers to a health care provider (as defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or IC 16-18-2-163(c)) or a qualified medication aide as described in IC 16-28-1-11.
        (2) "Licensed health professional" has the meaning set forth in IC 25-23-1-27.1.
        (3) "Practitioner" has the meaning set forth in IC 16-42-19-5. However, the term does not include a veterinarian.
        (4) "Prescription drug" has the meaning set forth in IC 35-48-1-25.
    (b) A person who knowingly or intentionally physically interrupts, obstructs, or alters the delivery or administration of a prescription drug:
        (1) prescribed or ordered by a practitioner for a person who is a patient of the practitioner; and
        (2) without the prescription or order of a practitioner;
commits interference with medical services, a Class A misdemeanor. However, the offense is a Class D felony if the offense results in bodily injury to the patient.
    (c) However, an offense described in subsection (b) is:
        (1) a Class C felony if it is committed by a person who is a licensed health care provider or licensed health professional;
        (2) a Class B felony if it results in serious bodily injury to the patient; and
        (3) a Class A felony if it results in the death of the patient.
    (d) A person is justified in engaging in conduct otherwise prohibited under this section if the conduct was performed by:
        (1) a health care provider or licensed health professional who acted in good faith within the scope of the person's practice or employment; or
        (2) a person who was rendering emergency care at the scene of an emergency or accident in a good faith attempt to avoid or minimize serious bodily injury to the patient.
    SECTION 432. IC 35-42-2-9, AS ADDED BY P.L.129-2006, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2014]: Sec. 9. (a) This section does not apply to a medical procedure.
    (b) A person who, in a rude, angry, or insolent manner, knowingly or intentionally:
        (1) applies pressure to the throat or neck of another person; or
        (2) obstructs the nose or mouth of the another person;
in a manner that impedes the normal breathing or the blood circulation of the other person commits strangulation, a Class D Level 6 felony.
    SECTION 433. IC 35-42-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) A person who knowingly or intentionally confines another person:
        (1) with intent to obtain ransom;
        (2) while hijacking a vehicle;
        (3) with intent to obtain the release, or intent to aid in the escape, of any person from lawful detention; or
        (4) with intent to use the person confined as a shield or hostage;
commits kidnapping, a Class A felony.
    (b) (a) A person who knowingly or intentionally removes another person, by fraud, enticement, force, or threat of force, from one place to another commits kidnapping. Except as provided in subsection (b), the offense of kidnapping is a Level 6 felony.
     (b) The offense described in subsection (a) is:
        (1) a Level 5 felony if:
            (A) the person removed is less than fourteen (14) years of age and is not the removing person's child;
            (B) it is committed by using a vehicle; or
            (C)
it results in bodily injury to a person other than the removing person;
        (2) a Level 3 felony if it:
            (A) is committed while armed with a deadly weapon;
            (B) results in serious bodily injury to a person other than the removing person; or
            (C) is committed on an aircraft; and
        (3) a Level 2 felony if it is committed:
            (A) with intent to obtain ransom;
            (B) while hijacking a vehicle;
            (C) with intent to obtain the release, or intent to aid in the escape, of any person from lawful incarceration; or
            (D) with intent to use the person removed as a shield or

hostage.
        (1) with intent to obtain ransom;
        (2) while hijacking a vehicle;
        (3) with intent to obtain the release, or intent to aid in the escape, of any person from lawful detention; or
        (4) with intent to use the person removed as a shield or hostage;
commits kidnapping, a Class A felony.
    SECTION 434. IC 35-42-3-3, AS AMENDED BY P.L.70-2006, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) A person who knowingly or intentionally
        (1) confines another person without the other person's consent or
        (2) removes another person, by fraud, enticement, force, or threat of force, from one (1) place to another;
commits criminal confinement. Except as provided in subsection (b), the offense of criminal confinement is a Class D Level 6 felony.
    (b) The offense of criminal confinement defined in subsection (a) is:
        (1) a Class C Level 5 felony if:
            (A) the person confined or removed is less than fourteen (14) years of age and is not the confining or removing person's child;
            (B) it is committed by using a vehicle; or
            (C) it results in bodily injury to a person other than the confining or removing person; and
        (2) a Class B Level 3 felony if it:
            (A) is committed while armed with a deadly weapon;
            (B) results in serious bodily injury to a person other than the confining or removing person; or
            (C) is committed on an aircraft; and
        (3) a Level 2 felony if it is committed:
            (A) with intent to obtain ransom;
            (B) while hijacking a vehicle;
            (C) with intent to obtain the release, or intent to aid in the escape, of any person from lawful incarceration; or
            (D) with intent to use the person confined as a shield or hostage.

    SECTION 435. IC 35-42-3-4, AS AMENDED BY P.L.164-2007, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. (a) A person who, with the intent to deprive

another person of child custody rights, knowingly or intentionally:
        (1) removes another person who is less than eighteen (18) years of age to a place outside Indiana when the removal violates a child custody order of a court; or
        (2) violates a child custody order of a court by failing to return a person who is less than eighteen (18) years of age to Indiana;
commits interference with custody, a Class D Level 6 felony. However, the offense is a Class C Level 5 felony if the other person is less than fourteen (14) years of age and is not the person's child, and a Class B Level 4 felony if the offense is committed while armed with a deadly weapon or results in serious bodily injury to another person.
    (b) A person who with the intent to deprive another person of custody or parenting time rights:
        (1) knowingly or intentionally takes;
        (2) knowingly or intentionally detains; or
        (3) knowingly or intentionally conceals;
a person who is less than eighteen (18) years of age commits interference with custody, a Class C misdemeanor. However, the offense is a Class B misdemeanor if the taking, concealment, or detention is in violation of a court order.
    (c) With respect to a violation of this section, a court may consider as a mitigating circumstance the accused person's return of the other person in accordance with the child custody order or parenting time order within seven (7) days after the removal.
    (d) The offenses described in this section continue as long as the child is concealed or detained or both.
    (e) If a person is convicted of an offense under this section, a court may impose against the defendant reasonable costs incurred by a parent or guardian of the child because of the taking, detention, or concealment of the child.
    (g) (f) It is a defense to a prosecution under this section that the accused person:
        (1) was threatened; or
        (2) reasonably believed the child was threatened;
which resulted in the child not being timely returned to the other parent resulting in a violation of a child custody order.
    SECTION 436. IC 35-42-3.5-1, AS AMENDED BY P.L.72-2012, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) A person who, by force, threat of force, or

fraud, knowingly or intentionally recruits, harbors, or transports another person:
        (1) to engage the other person in:
            (A) forced labor; or
            (B) involuntary servitude; or
        (2) to force the other person into:
            (A) marriage;
            (B) prostitution; or
            (C) participating in sexual conduct (as defined by IC 35-42-4-4);
commits promotion of human trafficking, a Class B Level 4 felony.
    (b) A person who knowingly or intentionally recruits, harbors, or transports a child less than sixteen (16) years of age with the intent of:
        (1) engaging the child in:
            (A) forced labor; or
            (B) involuntary servitude; or
        (2) inducing or causing the child to:
            (A) engage in prostitution; or
            (B) participate in sexual conduct (as defined by IC 35-42-4-4);
commits promotion of human trafficking of a minor, a Class B Level 3 felony. Except as provided in subsection (e), it is not a defense to a prosecution under this subsection that the child consented to engage in prostitution or to participate in sexual conduct.
    (c) A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than sixteen (16) years of age for the purpose of prostitution or participating in sexual conduct (as defined by IC 35-42-4-4) commits sexual trafficking of a minor, a Class A Level 2 felony.
    (d) 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; or
        (3) prostitution;
commits human trafficking, a Class C Level 5 felony.
    (e) It is a defense to a prosecution under subsection (b)(2)(B) if:
        (1) the child is at least fourteen (14) years of age but less than sixteen (16) years of age and the person is less than eighteen (18) years of age; or


        (2) all the following apply:
            (A) The person is not more than four (4) years older than the victim.
            (B) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term "ongoing personal relationship" does not include a family relationship.
            (C) The crime:
                (i) was not committed by a person who is at least twenty-one (21) years of age;
                (ii) was not committed by using or threatening the use of deadly force;
                (iii) was not committed while armed with a deadly weapon;
                (iv) did not result in serious bodily injury;
                (v) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and
                (vi) was not committed by a person having a position of authority or substantial influence over the victim.
            (D) The person has not committed another sex offense (as defined in IC 11-8-8-5.2), including a delinquent act that would be a sex offense if committed by an adult, against any other person.
    SECTION 437. IC 35-42-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) Except as provided in subsection (b), a person who knowingly or intentionally has sexual intercourse with a member of the opposite sex another person or knowingly or intentionally causes another person to perform or submit to other sexual conduct (as defined in IC 35-31.5-2-221.5) when:
        (1) the other person is compelled by force or imminent threat of force;
        (2) the other person is unaware that the sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring; or
        (3) the other person is so mentally disabled or deficient that

consent to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) cannot be given;
commits rape, a Class B Level 3 felony.
    (b) An offense described in subsection (a) is a Class A Level 1 felony if:
        (1) it is committed by using or threatening the use of deadly force;
        (2) it is committed while armed with a deadly weapon;
        (3) it results in serious bodily injury to a person other than a defendant; or
        (4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
    SECTION 438. IC 35-42-4-2 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 2. (a) A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when:
        (1) the other person is compelled by force or imminent threat of force;
        (2) the other person is unaware that the conduct is occurring; or
        (3) the other person is so mentally disabled or deficient that consent to the conduct cannot be given;
commits criminal deviate conduct, a Class B felony.
    (b) An offense described in subsection (a) is a Class A felony if:
        (1) it is committed by using or threatening the use of deadly force;
        (2) it is committed while armed with a deadly weapon;
        (3) it results in serious bodily injury to any person other than a defendant; or
        (4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
    SECTION 439. IC 35-42-4-3, AS AMENDED BY P.L.216-2007, SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) A person who, with a child under fourteen (14) years of age, knowingly or intentionally performs or submits to sexual intercourse or deviate other sexual conduct (as defined in IC 35-31.5-2-221.5) commits child molesting, a Class B Level 3

felony. However, the offense is a Class A Level 1 felony if:
        (1) it is committed by a person at least twenty-one (21) years of age;
        (2) it is committed by using or threatening the use of deadly force or while armed with a deadly weapon;
        (3) it results in serious bodily injury; or
        (4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
    (b) A person who, with a child under fourteen (14) years of age, performs or submits to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person, commits child molesting, a Class C Level 4 felony. However, the offense is a Class A Level 2 felony if:
        (1) it is committed by using or threatening the use of deadly force;
        (2) it is committed while armed with a deadly weapon; or
        (3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
    (c) It is a defense that the accused person reasonably believed that the child was sixteen (16) years of age or older at the time of the conduct, unless:
        (1) the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon;
        (2) the offense results in serious bodily injury; or
        (3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
    SECTION 440. IC 35-42-4-4, AS AMENDED BY P.L.6-2012, SECTION 226, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. (a) The following definitions apply throughout this section:
        (1) "Disseminate" means to transfer possession for free or for a

consideration.
        (2) "Matter" has the same meaning as in IC 35-49-1-3.
        (3) "Performance" has the same meaning as in IC 35-49-1-7.
        (4) "Sexual conduct" means sexual intercourse, deviate other sexual conduct (as defined in IC 35-31.5-2-221.5), exhibition of the uncovered genitals intended to satisfy or arouse the sexual desires of any person, sadomasochistic abuse, sexual intercourse or deviate other sexual conduct (as defined in IC 35-31.5-2-221.5) with an animal, or any fondling or touching of a child by another person or of another person by a child intended to arouse or satisfy the sexual desires of either the child or the other person.
    (b) A person who knowingly or intentionally:
        (1) manages, produces, sponsors, presents, exhibits, photographs, films, videotapes, or creates a digitized image of any performance or incident that includes sexual conduct by a child under eighteen (18) years of age;
        (2) disseminates, exhibits to another person, offers to disseminate or exhibit to another person, or sends or brings into Indiana for dissemination or exhibition matter that depicts or describes sexual conduct by a child under eighteen (18) years of age; or
        (3) makes available to another person a computer, knowing that the computer's fixed drive or peripheral device contains matter that depicts or describes sexual conduct by a child less than eighteen (18) years of age;
commits child exploitation, a Class C Level 5 felony.
    (c) A person who knowingly or intentionally possesses:
        (1) a picture;
        (2) a drawing;
        (3) a photograph;
        (4) a negative image;
        (5) undeveloped film;
        (6) a motion picture;
        (7) a videotape;
        (8) a digitized image; or
        (9) any pictorial representation;
that depicts or describes sexual conduct by a child who the person knows is less than sixteen (16) years of age or who appears to be less than sixteen (16) years of age, and that lacks serious literary, artistic,

political, or scientific value commits possession of child pornography, a Class D Level 6 felony.
    (d) Subsections (b) and (c) do not apply to a bona fide school, museum, or public library that qualifies for certain property tax exemptions under IC 6-1.1-10, or to an employee of such a school, museum, or public library acting within the scope of the employee's employment when the possession of the listed materials is for legitimate scientific or educational purposes.
    (e) It is a defense to a prosecution under this section that:
        (1) the person is a school employee; and
        (2) the acts constituting the elements of the offense were performed solely within the scope of the person's employment as a school employee.
    (f) Except as provided in subsection (g), it is a defense to a prosecution under subsection (b)(1), subsection (b)(2), or subsection (c) if all of the following apply:
        (1) A cellular telephone, another wireless or cellular communications device, or a social networking web site was used to possess, produce, or disseminate the image.
        (2) The defendant is not more than four (4) years older or younger than the person who is depicted in the image or who received the image.
        (3) The relationship between the defendant and the person who received the image or who is depicted in the image was a dating relationship or an ongoing personal relationship. For purposes of this subdivision, the term "ongoing personal relationship" does not include a family relationship.
        (4) The crime was committed by a person less than twenty-two (22) years of age.
        (5) The person receiving the image or who is depicted in the image acquiesced in the defendant's conduct.
    (g) The defense to a prosecution described in subsection (f) does not apply if:
        (1) the person who receives the image disseminates it to a person other than the person:
            (A) who sent the image; or
            (B) who is depicted in the image;
        (2) the image is of a person other than the person who sent the image or received the image; or


        (3) the dissemination of the image violates:
            (A) a protective order to prevent domestic or family violence issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal);
            (B) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal);
            (C) a workplace violence restraining order issued under IC 34-26-6;
            (D) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;
            (E) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6;
            (F) a no contact order issued as a condition of probation;
            (G) a protective order to prevent domestic or family violence issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal);
            (H) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action;
            (I) a no contact order issued under IC 31-34-25 in a child in need of services proceeding or under IC 31-37-25 in a juvenile delinquency proceeding;
            (J) an order issued in another state that is substantially similar to an order described in clauses (A) through (I);
            (K) an order that is substantially similar to an order described in clauses (A) through (I) and is issued by an Indian:
                (i) tribe;
                (ii) band;
                (iii) pueblo;
                (iv) nation; or
                (v) organized group or community, including an Alaska

Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
            that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;
            (L) an order issued under IC 35-33-8-3.2; or
            (M) an order issued under IC 35-38-1-30.
    SECTION 441. IC 35-42-4-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to touch or fondle himself or herself or another child under the age of sixteen (16) with intent to arouse or satisfy the sexual desires of a child or the older person commits vicarious sexual gratification, a Class D Level 5 felony. However, the offense is:
        (1) a Class C Level 4 felony if a child involved in the offense is under the age of fourteen (14); and
        (2) a Class B Level 3 felony if:
            (A) the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon; or
            (B) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and or
            (3) (C) a Class A felony if it the commission of the offense results in serious bodily injury.
    (b) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to:
        (1) engage in sexual intercourse with another child under sixteen (16) years of age;
        (2) engage in sexual conduct with an animal other than a human being; or
        (3) engage in deviate other sexual conduct (as defined in IC 35-31.5-2-221.5) with another person;
with intent to arouse or satisfy the sexual desires of a child or the older

person commits vicarious sexual gratification, a Class C Level 4 felony. However, the offense is a Class B Level 3 felony if any child involved in the offense is less than fourteen (14) years of age, and it the offense is a Class A Level 2 felony if the offense is committed by using or threatening the use of deadly force, if it the offense is committed while armed with a deadly weapon, if it the offense results in serious bodily injury, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
    (c) A person eighteen (18) years of age or older who knowingly or intentionally:
        (1) engages in sexual intercourse;
        (2) engages in deviate other sexual conduct (as defined in IC 35-31.5-2-221.5); or
        (3) touches or fondles the person's own body;
in the presence of a child less than fourteen (14) years of age with the intent to arouse or satisfy the sexual desires of the child or the older person commits performing sexual conduct in the presence of a minor, a Class D Level 6 felony.
    SECTION 442. IC 35-42-4-6, AS AMENDED BY P.L.216-2007, SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6. (a) As used in this section, "solicit" means to command, authorize, urge, incite, request, or advise an individual:
        (1) in person;
        (2) by telephone or wireless device;
        (3) in writing;
        (4) by using a computer network (as defined in IC 35-43-2-3(a));
        (5) by advertisement of any kind; or
        (6) by any other means;
to perform an act described in subsection (b) or (c).
    (b) A person eighteen (18) years of age or older who knowingly or intentionally solicits a child under fourteen (14) years of age, or an individual the person believes to be a child under fourteen (14) years of age, to engage in:
        (1) sexual intercourse;
        (2) deviate other sexual conduct (as defined in IC 35-31.5-2-221.5); or


        (3) any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person;
commits child solicitation, a Class D Level 5 felony. However, the offense is a Class C felony if it is committed by using a computer network (as defined in IC 35-43-2-3(a)), and a Class B felony if the person commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and has a previous unrelated conviction for committing the offense by using a computer network (as defined in IC 35-43-2-3(a)).
    (c) A person at least twenty-one (21) years of age who knowingly or intentionally solicits a child at least fourteen (14) years of age but less than sixteen (16) years of age, or an individual the person believes to be a child at least fourteen (14) years of age but less than sixteen (16) years of age, to engage in:
        (1) sexual intercourse;
        (2) deviate other sexual conduct (as defined in IC 35-31.5-2-221.5); or
        (3) any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person;
commits child solicitation, a Class D Level 5 felony. However, the offense is a Class C felony if it is committed by using a computer network (as defined in IC 35-43-2-3(a)), and a Class B felony if the person commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and has a previous unrelated conviction for committing the offense by using a computer network (as defined in IC 35-43-2-3(a)).
    (d) In a prosecution under this section, including a prosecution for attempted solicitation, the state is not required to prove that the person solicited the child to engage in an act described in subsection (b) or (c) at some immediate time.
    SECTION 443. IC 35-42-4-7, AS AMENDED BY P.L.114-2012, SECTION 138, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. (a) As used in this section, "adoptive parent" has the meaning set forth in IC 31-9-2-6.
    (b) As used in this section, "adoptive grandparent" means the parent of an adoptive parent.
    (c) As used in this section, "charter school" has the meaning set forth in IC 20-18-2-2.5.
    (d) As used in this section, "child care worker" means a person who:
        (1) provides care, supervision, or instruction to a child within the scope of the person's employment in a shelter care facility;
        (2) is employed by a:
            (A) school corporation;
            (B) charter school;
            (C) nonpublic school; or
            (D) special education cooperative;
        attended by a child who is the victim of a crime under this chapter; or
        (3) is:
            (A) affiliated with a:
                (i) school corporation;
                (ii) charter school;
                (iii) nonpublic school; or
                (iv) special education cooperative;
            attended by a child who is the victim of a crime under this chapter, regardless of how or whether the person is compensated;
            (B) in a position of trust in relation to a child who attends the school or cooperative;
            (C) engaged in the provision of care or supervision to a child who attends the school or cooperative; and
            (D) at least four (4) years older than the child who is the victim of a crime under this chapter.
The term does not include a student who attends the school or cooperative.
    (e) As used in this section, "custodian" means any person who resides with a child and is responsible for the child's welfare.
    (f) As used in this section, "military recruiter" means a member of the armed forces of the United States (as defined in IC 20-33-10-2) or the Indiana National Guard whose primary job function, classification, or specialty is recruiting individuals to enlist with the armed forces of the United States or the Indiana National Guard.
    (g) As used in this section, "nonpublic school" has the meaning set forth in IC 20-18-2-12.
    (h) As used in this section, "school corporation" has the meaning set forth in IC 20-18-2-16.
    (i) As used in this section, "special education cooperative" has the meaning set forth in IC 20-35-5-1.
    (j) As used in this section, "stepparent" means an individual who is married to a child's custodial or noncustodial parent and is not the child's adoptive parent.
    (k) If a person who:
        (1) is at least eighteen (18) years of age; and
        (2) is:
            (A) the:
                (i) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or
                (ii) child care worker for; or
            (B) a military recruiter who is attempting to enlist;
        a child at least sixteen (16) years of age but less than eighteen (18) years of age;
engages with fondles or touches the child in sexual intercourse, deviate sexual conduct (as defined in IC 35-31.5-2-94), or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction, a Class D Level 6 felony. However, the offense is a Level 5 felony if the person engages in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the child.
    SECTION 444. IC 35-42-4-8, AS AMENDED BY P.L.72-2012, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person:
        (1) touches another person when that person is:
            (A) compelled to submit to the touching by force or the imminent threat of force; or
            (B) so mentally disabled or deficient that consent to the touching cannot be given; or
        (2) touches another person's genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring;
commits sexual battery, a Class D Level 6 felony.
    (b) An offense described in subsection (a) is a Class C Level 4 felony if:
        (1) it is committed by using or threatening the use of deadly force;
        (2) it is committed while armed with a deadly weapon; or
        (3) the commission of the offense is facilitated by furnishing the

victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
    SECTION 445. IC 35-42-4-9, AS AMENDED BY P.L.216-2007, SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 9. (a) A person at least eighteen (18) years of age who, with a child at least fourteen (14) years of age but less than sixteen (16) years of age, performs or submits to sexual intercourse or deviate other sexual conduct (as defined in IC 35-31.5-2-221.5) commits sexual misconduct with a minor, a Class C Level 5 felony. However, the offense is:
        (1) a Class B Level 4 felony if it is committed by a person at least twenty-one (21) years of age; and
        (2) a Class A Level 1 felony if it is committed by using or threatening the use of deadly force, if it is committed while armed with a deadly weapon, if it results in serious bodily injury, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
    (b) A person at least eighteen (18) years of age who, with a child at least fourteen (14) years of age but less than sixteen (16) years of age, performs or submits to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person, commits sexual misconduct with a minor, a Class D Level 6 felony. However, the offense is:
        (1) a Class C Level 5 felony if it is committed by a person at least twenty-one (21) years of age; and
        (2) a Class B Level 2 felony if it is committed by using or threatening the use of deadly force, while armed with a deadly weapon, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
    (c) It is a defense that the accused person reasonably believed that

the child was at least sixteen (16) years of age at the time of the conduct. However, this subsection does not apply to an offense described in subsection (a)(2) or (b)(2).
    (d) It is a defense that the child is or has ever been married. However, this subsection does not apply to an offense described in subsection (a)(2) or (b)(2).
    (e) It is a defense to a prosecution under this section if all the following apply:
        (1) The person is not more than four (4) years older than the victim.
        (2) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term "ongoing personal relationship" does not include a family relationship.
        (3) The crime:
            (A) was not committed by a person who is at least twenty-one (21) years of age;
            (B) was not committed by using or threatening the use of deadly force;
            (C) was not committed while armed with a deadly weapon;
            (D) did not result in serious bodily injury;
            (E) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and
            (F) was not committed by a person having a position of authority or substantial influence over the victim.
        (4) The person has not committed another sex offense (as defined in IC 11-8-8-5.2) (including a delinquent act that would be a sex offense if committed by an adult) against any other person.
    SECTION 446. IC 35-42-4-10, AS AMENDED BY P.L.216-2007, SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 10. (a) As used in this section, "offender against children" means a person who is an offender against children under IC 35-42-4-11.
    (b) As used in this section, "sexually violent predator" means a person who is a sexually violent predator under IC 35-38-1-7.5.


    (c) A sexually violent predator or an offender against children who knowingly or intentionally works for compensation or as a volunteer:
        (1) on school property;
        (2) at a youth program center; or
        (3) at a public park;
commits unlawful employment near children by a sexual predator, a Class D Level 6 felony. However, the offense is a Class C Level 5 felony if the person has a prior unrelated conviction based on the person's failure to comply with any requirement imposed on an offender under IC 11-8-8.
    SECTION 447. IC 35-42-4-11, AS AMENDED BY P.L.216-2007, SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 11. (a) As used in this section, and except as provided in subsection (d), "offender against children" means a person required to register as a sex or violent offender under IC 11-8-8 who has been:
        (1) found to be a sexually violent predator under IC 35-38-1-7.5; or
        (2) convicted of one (1) or more of the following offenses:
            (A) Child molesting (IC 35-42-4-3).
            (B) Child exploitation (IC 35-42-4-4(b)).
            (C) Child solicitation (IC 35-42-4-6).
            (D) Child seduction (IC 35-42-4-7).
            (E) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age and the person is not the child's parent or guardian.
            (F) Attempt to commit or conspiracy to commit an offense listed in clauses (A) through (E).
            (G) An offense in another jurisdiction that is substantially similar to an offense described in clauses (A) through (F).
A person is an offender against children by operation of law if the person meets the conditions described in subdivision (1) or (2) at any time.
    (b) As used in this section, "reside" means to spend more than three (3) nights in:
        (1) a residence; or
        (2) if the person does not reside in a residence, a particular location;
in any thirty (30) day period.
    (c) An offender against children who knowingly or intentionally:
        (1) resides within one thousand (1,000) feet of:
            (A) school property, not including property of an institution providing post-secondary education;
            (B) a youth program center; or
            (C) a public park; or
        (2) establishes a residence within one (1) mile of the residence of the victim of the offender's sex offense;
commits a sex offender residency offense, a Class D Level 6 felony.
    (d) This subsection does not apply to an offender against children who has two (2) or more unrelated convictions for an offense described in subsection (a). A person who is an offender against children may petition the court to consider whether the person should no longer be considered an offender against children. The person may file a petition under this subsection not earlier than ten (10) years after the person is released from incarceration, probation, or parole, whichever occurs last. A person may file a petition under this subsection not more than one (1) time per year. A court may dismiss a petition filed under this subsection or conduct a hearing to determine if the person should no longer be considered an offender against children. If the court conducts a hearing, the court shall appoint two (2) psychologists or psychiatrists who have expertise in criminal behavioral disorders to evaluate the person and testify at the hearing. After conducting the hearing and considering the testimony of the two (2) psychologists or psychiatrists, the court shall determine whether the person should no longer be considered an offender against children. If a court finds that the person should no longer be considered an offender against children, the court shall send notice to the department of correction that the person is no longer considered an offender against children.
    SECTION 448. IC 35-42-4-12, AS ADDED BY P.L.119-2008, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. (a) This section does not apply to a person to whom all of the following apply:
        (1) The person is not more than:
            (A) four (4) years older than the victim if the offense was committed after June 30, 2007; or
            (B) five (5) years older than the victim if the offense was committed before July 1, 2007.
        (2) The relationship between the person and the victim was a

dating relationship or an ongoing personal relationship. The term "ongoing personal relationship" does not include a family relationship.
        (3) The crime:
            (A) was not committed by a person who is at least twenty-one (21) years of age;
            (B) was not committed by using or threatening the use of deadly force;
            (C) was not committed while armed with a deadly weapon;
            (D) did not result in serious bodily injury;
            (E) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and
            (F) was not committed by a person having a position of authority or substantial influence over the victim.
    (b) This section applies only to a person required to register as a sex or violent offender under IC 11-8-8 who has been:
        (1) found to be a sexually violent predator under IC 35-38-1-7.5; or
        (2) convicted of one (1) or more of the following offenses:
            (A) Child molesting (IC 35-42-4-3).
            (B) Child exploitation (IC 35-42-4-4(b)).
            (C) Possession of child pornography (IC 35-42-4-4(c)).
            (D) Vicarious sexual gratification (IC 35-42-4-5(a) or IC 35-42-4-5(b)).
            (E) Sexual conduct in the presence of a minor (IC 35-42-4-5(c)).
            (F) Child solicitation (IC 35-42-4-6).
            (G) Child seduction (IC 35-42-4-7).
            (H) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age and the person is not the child's parent or guardian.
            (I) Attempt to commit or conspiracy to commit an offense listed in clauses (A) through (H).
            (J) An offense in another jurisdiction that is substantially similar to an offense described in clauses (A) through (H).


    (c) As used in this section, "instant messaging or chat room program" means a software program that requires a person to register or create an account, a username, or a password to become a member or registered user of the program and allows two (2) or more members or authorized users to communicate over the Internet in real time using typed text. The term does not include an electronic mail program or message board program.
    (d) As used in this section, "social networking web site" means an Internet web site that:
        (1) facilitates the social introduction between two (2) or more persons;
        (2) requires a person to register or create an account, a username, or a password to become a member of the web site and to communicate with other members;
        (3) allows a member to create a web page or a personal profile; and
        (4) provides a member with the opportunity to communicate with another person.
The term does not include an electronic mail program or message board program.
    (e) A person described in subsection (b) who knowingly or intentionally uses:
        (1) a social networking web site; or
        (2) an instant messaging or chat room program;
that the offender knows allows a person who is less than eighteen (18) years of age to access or use the web site or program commits a sex offender Internet offense, a Class A misdemeanor. However, the offense is a Class D Level 6 felony if the person has a prior unrelated conviction under this section.
    (f) It is a defense to a prosecution under this section that the person:
        (1) did not know that the web site or program allowed a person who is less than eighteen (18) years of age to access or use the web site or program; and
        (2) upon discovering that the web site or program allows a person who is less than eighteen (18) years of age to access or use the web site or program, immediately ceased further use or access of the web site or program.
    SECTION 449. IC 35-42-4-13, AS ADDED BY P.L.119-2008, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2014]: Sec. 13. (a) This section does not apply to the following:
        (1) A parent, guardian, or custodian of a child.
        (2) A person who acts with the permission of a child's parent, guardian, or custodian.
        (3) A person to whom a child makes a report of abuse or neglect.
        (4) A person to whom a child reports medical symptoms that relate to or may relate to sexual activity.
    (b) As used in this section, "sexual activity" means sexual intercourse, deviate other sexual conduct (as defined in IC 35-31.5-2-221.5), or the fondling or touching of the buttocks, genitals, or female breasts.
    (c) A person at least twenty-one (21) years of age who knowingly or intentionally communicates with an individual whom the person believes to be a child less than fourteen (14) years of age concerning sexual activity with the intent to gratify the sexual desires of the person or the individual commits inappropriate communication with a child, a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person commits the offense by using a computer network (as defined in IC 35-43-2-3(a)).
    SECTION 450. IC 35-42-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person who knowingly or intentionally takes property from another person or from the presence of another person:
        (1) by using or threatening the use of force on any person; or
        (2) by putting any person in fear;
commits robbery, a Class C Level 5 felony. However, the offense is a Class B Level 3 felony if it is committed while armed with a deadly weapon or results in bodily injury to any person other than a defendant, and a Class A Level 2 felony if it results in serious bodily injury to any person other than a defendant.
    SECTION 451. IC 35-42-5-2 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 2. A person who knowingly or intentionally takes a motor vehicle from another person or from the presence of another person:
        (1) by using or threatening the use of force on any person; or
        (2) by putting any person in fear;
commits carjacking, a Class B felony.
    SECTION 452. IC 35-43-1-1 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. (a) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages:
        (1) a dwelling of another person without the other person's consent;
        (2) property of any person under circumstances that endanger human life;
        (3) property of another person without the other person's consent if the pecuniary loss is at least five thousand dollars ($5,000); or
        (4) a structure used for religious worship without the consent of the owner of the structure;
commits arson, a Class B Level 4 felony. However, the offense is a Class A Level 3 felony if it results in either bodily injury or to any person other than a defendant and a Level 2 felony if it results in serious bodily injury to any person other than a defendant.
    (b) A person who commits arson for hire commits a Class B Level 4 felony. However, the offense is:
         (1) a Class A Level 3 felony if it results in bodily injury to any other person; and
        (2) a Level 2 felony if it results in serious bodily injury to any other person.

    (c) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages property of any person with intent to defraud commits arson, a Class C Level 5 felony.
    (d) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages property of another person without the other person's consent so that the resulting pecuniary loss is at least two hundred fifty dollars ($250) but less than five thousand dollars ($5,000) commits arson, a Class D Level 6 felony.
     (e) A person who commits an offense under subsection (a), (b), (c), or (d) commits a separate offense for each person who suffers a bodily injury or serious bodily injury that is caused by the violation of subsection (a), (b), (c), or (d).
    SECTION 453. IC 35-43-1-2, AS AMENDED BY P.L.216-2007, SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) A person who
        (1) recklessly, knowingly, or intentionally damages or defaces property of another person without the other person's consent or
        (2) knowingly or intentionally causes another to suffer pecuniary

loss by deception or by an expression of intention to injure another person or to damage the property or to impair the rights of another person;
commits criminal mischief, a Class B misdemeanor. However, the offense is:
        (A) (1) a Class A misdemeanor if
                (i) the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500);
                (ii) the property damaged was a moving motor vehicle;
                (iii) the property damaged contained data relating to a person required to register as a sex or violent offender under IC11-8-8 and the person is not a sex or violent offender or was not required to register as a sex or violent offender;
                (iv) the property damaged was a locomotive, a railroad car, a train, or equipment of a railroad company being operated on a railroad right-of-way;
                (v) the property damaged was a part of any railroad signal system, train control system, centralized dispatching system, or highway railroad grade crossing warning signal on a railroad right-of-way owned, leased, or operated by a railroad company;
                (vi) the property damaged was any rail, switch, roadbed, viaduct, bridge, trestle, culvert, or embankment on a right-of-way owned, leased, or operated by a railroad company; or
                (vii) the property damage or defacement was caused by paint or other markings; and
        (B) (2) a Class D Level 6 felony if:
            (i) (A) the pecuniary loss is at least two thousand five hundred dollars ($2,500);
            (ii) (B) the damage causes a substantial interruption or impairment of utility service rendered to the public;
            (iii) (C) the damage is to a public record; or
                (iv) the property damaged contained data relating to a person required to register as a sex or violent offender under IC 11-8-8 and the person is a sex or violent offender or was required to register as a sex or violent offender;
                (v) the damage causes substantial interruption or impairment

of work conducted in a scientific research facility;
            (vi) (D) the damage is to a law enforcement animal (as defined in IC 35-46-3-4.5). or
                (vii) the damage causes substantial interruption or impairment of work conducted in a food processing facility.
    (b) A person who recklessly, knowingly, or intentionally damages:
        (1) a structure used for religious worship;
        (2) a school or community center;
        (3) the grounds:
            (A) adjacent to; and
            (B) owned or rented in common with;
        a structure or facility identified in subdivision (1) or (2); or
        (4) personal property contained in a structure or located at a facility identified in subdivision (1) or (2);
without the consent of the owner, possessor, or occupant of the property that is damaged, commits institutional criminal mischief, a Class A misdemeanor. However, the offense is a Class D Level 6 felony if the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500), and a Class C Level 5 felony if the pecuniary loss is at least two thousand five hundred dollars ($2,500).
    (c) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person's operator's license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.
    (d) The court may rescind an order for suspension or invalidation under subsection (c) and allow the person to receive a license or permit before the period of suspension or invalidation ends if the court determines that
        (1) the person has removed or painted over the graffiti or has made other suitable restitution. and
        (2) the person who owns the property damaged or defaced by the criminal mischief or institutional criminal mischief is satisfied with the removal, painting, or other restitution performed by the person.
    SECTION 454. IC 35-43-1-2.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.1. (a) This section does not apply to the following:


        (1) A person who acts in a proper and acceptable manner as authorized by IC 14-21 other than a person who disturbs the earth for an agricultural purpose under the exemption to IC 14-21 that is provided in IC 14-21-1-24.
        (2) A person who acts in a proper and acceptable manner as authorized by IC 23-14.
    (b) A person who recklessly, knowingly, or intentionally:
        (1) damages a cemetery, a burial ground (as defined in IC 14-21-1-3), or a facility used for memorializing the dead;
        (2) damages the grounds owned or rented by a cemetery or facility used for memorializing the dead; or
        (3) disturbs, defaces, or damages a cemetery monument, grave marker, grave artifact, grave ornamentation, or cemetery enclosure;
commits cemetery mischief, a Class A misdemeanor. However, the offense is a Class D Level 6 felony if the pecuniary loss is at least two thousand five hundred dollars ($2,500).
    SECTION 455. IC 35-43-1-2.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.3. A person who, without the consent of the owner of the property, recklessly, knowingly, or intentionally damages or defaces:
        (1) a locomotive, a railroad car, a train, or equipment of a railroad company being operated on a railroad right-of-way;
        (2) a part of any railroad signal system, train control system, centralized dispatching system, or highway railroad grade crossing warning signal on a railroad right-of-way owned, leased, or operated by a railroad company; or
        (3) any rail, switch, roadbed, viaduct, bridge, trestle, culvert, or embankment on a right-of-way owned, leased, or operated by a railroad company;
commits railroad mischief, a Level 6 felony. However, the offense is a Level 5 felony if the offense results in serious bodily injury to another person and a Level 2 felony if the offense results in the death of another person.

    SECTION 456. IC 35-43-1-4 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 4. (a) As used in this section:
    "Computer network" and "computer system" have the meanings set forth in IC 35-43-2-3.
    "Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.
    "Data" means a representation of information, facts, knowledge, concepts, or instructions that:
        (1) may take any form, including computer printouts, magnetic storage media, punched cards, or stored memory;
        (2) has been prepared or is being prepared; and
        (3) has been processed, is being processed, or will be processed;
in a computer system or computer network.
    (b) A person who knowingly or intentionally alters or damages a computer program or data, which comprises a part of a computer system or computer network without the consent of the owner of the computer system or computer network commits computer tampering, a Class D felony. However, the offense is a:
        (1) Class C felony if the offense is committed for the purpose of terrorism; and
        (2) Class B felony if the offense is committed for the purpose of terrorism and results in serious bodily injury to a person.
    SECTION 457. IC 35-43-1-5, AS ADDED BY P.L.231-2007, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) A person who, with the intent to cause serious bodily injury, tampers with a:
        (1) water supply;
        (2) water treatment plant (as defined in IC 13-11-2-264); or
        (3) water distribution system (as defined in IC 13-11-2-259);
commits tampering with a water supply, a Class B Level 4 felony. However, the offense is a Class A Level 2 felony if it results in the death of any person.
    (b) A person who recklessly, knowingly, or intentionally poisons a public water supply with the intent to cause serious bodily injury commits poisoning, a Class B Level 3 felony.
    SECTION 458. IC 35-43-1-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. (a) A person who knowingly or intentionally and who without authorization:
        (1) modifies data, a computer program, or supporting documentation;
        (2) destroys data, a computer program, or supporting

documentation; or
        (3) discloses or takes data, a computer program, or supporting documentation that is:
            (A) a trade secret (as defined in IC 24-2-3-2); or
            (B) otherwise confidential as provided by law;
and that resides or exists internally or externally on a computer, computer system, or computer network, commits an offense against intellectual property, a Level 6 felony.
    (b) However, the offense is a Level 5 felony if the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property.

    SECTION 459. IC 35-43-1-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A person who knowingly or intentionally and who without authorization:
        (1) disrupts, denies, or causes the disruption or denial of computer system services to an authorized user of the computer system services that are:
            (A) owned by;
            (B) under contract to; or
            (C) operated for, on behalf of, or in conjunction with;
        another person in whole or part;
        (2) destroys, takes, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network;
        (3) destroys or damages a computer, computer system, or computer network; or
        (4) introduces a computer contaminant into a computer, computer system, or computer network;
commits an offense against computer users, a Level 6 felony.
    (b) However, the offense is:
        (1) a Level 5 felony if:
            (A) the pecuniary loss caused by the offense is at least five thousand dollars ($5,000);
            (B) the offense was committed for the purpose of devising or executing any scheme or artifice to defraud or obtain property; or
            (C) the offense interrupts or impairs:
                (i) a governmental operation; or


                (ii) the public communication, transportation, or supply of water, gas, or another public service; and
        (2) a Level 4 felony if the offense endangers human life.

    SECTION 460. IC 35-43-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1. A person who breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary, a Class C Level 5 felony. However, the offense is:
        (1) a Class B Level 4 felony if
            (A) it is committed while armed with a deadly weapon; or
            (B) the building or structure is a
            (i) dwelling; or
            (ii) structure used for religious worship; and
        (2) a Class A Level 3 felony if it results in
            (A) bodily injury or
            (B) serious bodily injury;
        to any person other than a defendant;
         (3) a Level 2 felony if it:
            (A) is committed while armed with a deadly weapon; or
            (B) results in serious bodily injury to any person other than a defendant; and
        (4) a Level 1 felony if:
            (A) the building or structure is a dwelling; and
            (B) it results in serious bodily injury to any person other than a defendant.

    SECTION 461. IC 35-43-2-1.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 1.5. A person who knowingly or intentionally breaks and enters the dwelling of another person commits residential entry, a Class D Level 6 felony.
    SECTION 462. IC 35-43-2-2, AS AMENDED BY P.L.88-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) A person who:
        (1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
        (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that

person's agent;
        (3) accompanies another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the vehicle;
        (4) knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent;
        (5) not having a contractual interest in the property, knowingly or intentionally enters the dwelling of another person without the person's consent;
        (6) knowingly or intentionally:
            (A) travels by train without lawful authority or the railroad carrier's consent; and
            (B) rides on the outside of a train or inside a passenger car, locomotive, or freight car, including a boxcar, flatbed, or container without lawful authority or the railroad carrier's consent;
        (7) not having a contractual interest in the property, knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave the property by a law enforcement officer when the property is:
            (A) vacant or designated by a municipality or county enforcement authority to be abandoned property; and
            (B) subject to abatement under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
        (8) knowingly or intentionally enters the property of another person after being denied entry by a court order that has been issued to the person or issued to the general public by conspicuous posting on or around the premises in areas where a person can observe the order when the property:
            (A) has been designated by a municipality or county enforcement authority to be a vacant property or an abandoned property; and
            (B) is subject to an abatement order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36;
commits criminal trespass, a Class A misdemeanor. However, the offense is a Class D Level 6 felony if it is committed on a scientific research facility, on a key facility, on a facility belonging to a public utility (as defined in IC 32-24-1-5.9(a)), on school property, or on a

school bus or the person has a prior unrelated conviction for an offense under this section concerning the same property.
    (b) A person has been denied entry under subdivision subsection (a)(1) of this section when the person has been denied entry by means of:
        (1) personal communication, oral or written;
        (2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public; or
        (3) a hearing authority or court order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36.
    (c) A law enforcement officer may not deny entry to property or ask a person to leave a property under subsection (a)(7) unless there is reasonable suspicion that criminal activity has occurred or is occurring.
    (d) A person described in subsection (a)(7) violates subsection (a)(7) unless the person has the written permission of the owner, owner's agent, enforcement authority, or court to come onto the property for purposes of performing maintenance, repair, or demolition.
    (e) A person described in subsection (a)(8) violates subsection (a)(8) unless the court that issued the order denying the person entry grants permission for the person to come onto the property.
    (f) Subsections (a), (b), and (e) do not apply to the following:
        (1) A passenger on a train.
        (2) An employee of a railroad carrier while engaged in the performance of official duties.
        (3) A law enforcement officer, firefighter, or emergency response personnel while engaged in the performance of official duties.
        (4) A person going on railroad property in an emergency to rescue a person or animal from harm's way or to remove an object that the person reasonably believes poses an imminent threat to life or limb.
        (5) A person on the station grounds or in the depot of a railroad carrier:
            (A) as a passenger; or
            (B) for the purpose of transacting lawful business.
        (6) A:
            (A) person; or
            (B) person's:
                (i) family member;


                (ii) invitee;
                (iii) employee;
                (iv) agent; or
                (v) independent contractor;
        going on a railroad's right-of-way for the purpose of crossing at a private crossing site approved by the railroad carrier to obtain access to land that the person owns, leases, or operates.
        (7) A person having written permission from the railroad carrier to go on specified railroad property.
        (8) A representative of the Indiana department of transportation while engaged in the performance of official duties.
        (9) A representative of the federal Railroad Administration while engaged in the performance of official duties.
        (10) A representative of the National Transportation Safety Board while engaged in the performance of official duties.
    SECTION 463. IC 35-43-4-2, AS AMENDED BY P.L.158-2009, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class D felony. Class A misdemeanor. However, the offense is:
         (1) a Class C Level 6 felony if:
            (A) the value of the property is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000); or
            (B) the person has a prior unrelated conviction for:
                (i) theft under this section; or
                (ii) criminal conversion under section 3 of this chapter; and
        (2) a Level 5 felony if:

            (1) (A) the fair market value of the property is at least one hundred fifty thousand dollars ($100,000); ($50,000); or
            (2) (B) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:
                (A) (i) relates to transportation safety;
                (B) (ii) relates to public safety; or
                (C) (iii) is taken from a (i) hospital or other health care facility, (ii) telecommunications provider, (iii) public utility

(as defined in IC 32-24-1-5.9(a)), or (iv) key facility;
            and the absence of the property creates a substantial risk of bodily injury to a person.
    (b) A person who knowingly or intentionally receives, retains, or disposes of the property of another person that has been the subject of theft commits receiving stolen property, a Class D felony. However, the offense is a Class C felony if:
        (1) the fair market value of the property is at least one hundred thousand dollars ($100,000); or
        (2) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:
            (A) relates to transportation safety;
            (B) relates to public safety; or
            (C) is taken from a:
                (i) hospital or other health care facility;
                (ii) telecommunications provider;
                (iii) public utility (as defined in IC 32-24-1-5.9(a)); or
                (iv) key facility;
        and the absence of the property creates a substantial risk of bodily injury to a person.
     (b) In determining the value of property under this section, acts of theft committed in a single episode of criminal conduct (as defined in IC 35-50-1-2(b)) may be charged in a single count.
    (c) For purposes of this section, "the value of property" means:
        (1) the fair market value of the property at the time and place the offense was committed; or
        (2) if the fair market value of the property cannot be satisfactorily determined, the cost to replace the property within a reasonable time after the offense was committed.
A price tag or price marking on property displayed or offered for sale constitutes prima facie evidence of the value of the property.

    SECTION 464. IC 35-43-4-2.3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.3. (a) As used in this section, "dealer" means a person who buys or sells, or offers to buy or sell, personal property. The term does not include the original retailer of personal property.
    (b) A dealer who recklessly, knowingly, or intentionally buys or sells personal property in which the identification number or manufacturer's serial number has been removed, altered, obliterated, or

defaced commits dealing in altered property, a Class A misdemeanor. However, the offense is a Class D Level 6 felony if the dealer has a prior conviction of an offense under this chapter or if the fair market value of the property is at least one thousand dollars ($1,000).
    SECTION 465. IC 35-43-4-2.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.5. (a) As used in this section, "motor vehicle" has the meaning set forth in IC 9-13-2-105(a).
    (b) A person who knowingly or intentionally exerts unauthorized control over the motor vehicle of another person, with intent to deprive the owner of:
        (1) the vehicle's value or use; or
        (2) a component part (as defined in IC 9-13-2-34) of the vehicle;
commits auto theft, a Class D Level 6 felony. However, the offense is a Class C Level 5 felony if the person has a prior conviction of an offense under this subsection or subsection (c).
    (c) A person who knowingly or intentionally receives, retains, or disposes of a motor vehicle or any part of a motor vehicle of another person that has been the subject of theft commits receiving stolen auto parts, a Class D Level 6 felony. However, the offense is a Class C Level 5 felony if the person has a prior conviction of an offense under this subsection or subsection (b).
    SECTION 466. IC 35-43-4-2.7, AS ADDED BY P.L.143-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2.7. (a) This section does not apply to the following:
        (1) A public safety officer (as defined in IC 35-47-4.5-3) or state police motor carrier inspector acting within the scope of the officer's or inspector's duties.
        (2) A motor vehicle that must be moved because the motor vehicle is abandoned, inoperable, or improperly parked.
        (3) An employee or agent of an entity that possesses a valid lien on a motor vehicle who is expressly authorized by the lienholder to repossess the motor vehicle based upon the failure of the owner or lessee of the motor vehicle to abide by the terms and conditions of the loan or lease agreement.
    (b) As used in this section, "authorized operator" means a person who is authorized to operate a motor vehicle by an owner or a lessee of the motor vehicle.
    (c) As used in this section, "motor vehicle" has the meaning set forth

in IC 9-13-2-105(a).
    (d) A person who:
        (1) enters a motor vehicle knowing that the person does not have the permission of an owner, a lessee, or an authorized operator of the motor vehicle to enter the motor vehicle; and
        (2) does not have a contractual interest in the motor vehicle;
commits unauthorized entry of a motor vehicle, a Class B misdemeanor.
    (e) The offense under subsection (d) is:
        (1) a Class A misdemeanor if the motor vehicle has visible steering column damage or ignition switch alteration as a result of an act described in subsection (d)(1); or
        (2) a Class D Level 6 felony if a person occupies the motor vehicle while the motor vehicle is used to further the commission of a crime, if the person knew or should have known that a person intended to use the motor vehicle in the commission of a crime.
    (f) It is a defense to a prosecution under this section that the accused person reasonably believed that the person's entry into the vehicle was necessary to prevent bodily injury or property damage.
    (g) There is a rebuttable presumption that the person did not have the permission of an owner, a lessee, or an authorized operator of the motor vehicle to enter the motor vehicle if the motor vehicle has visible steering column damage or ignition switch alteration.
    SECTION 467. IC 35-43-4-3, AS AMENDED BY P.L.227-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor.
    (b) The offense under subsection (a) is a Class D Level 6 felony if committed by a person who exerts unauthorized control over the motor vehicle of another person with the intent to use the motor vehicle to assist the person in the commission of a crime.
    (c) The offense under subsection (a) is a Class C Level 5 felony if:
        (1) committed by a person who exerts unauthorized control over the motor vehicle of another person; and
        (2) the person uses the motor vehicle to assist the person in the commission of a felony.
    (d) The offense under subsection (a) is a Class D Level 6 felony if:
        (1) the person acquires the property by lease;


        (2) the property is a motor vehicle;
        (3) the person signs a written agreement to return the property to a specified location within a specified time; and
        (4) the person fails to return the property:
            (A) within thirty (30) days after the specified time; or
            (B) within three (3) days after a written demand for return of the property is either:
                (i) personally served on the person; or
                (ii) sent by registered mail to the person's address that is provided by the person in the written agreement.
    SECTION 468. IC 35-43-4-8, AS AMENDED BY P.L.125-2012, SECTION 414, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A conviction for an offense under section 2 of this chapter or section 3 of this chapter that involves exerting unauthorized control over gasoline or motor vehicle fuel:
        (1) by operation of a motor vehicle to leave the premises of an establishment at which gasoline or motor vehicle fuel is offered for sale after the gasoline or motor vehicle fuel has been dispensed into the fuel tank of the motor vehicle; and
        (2) without payment or authorization of payment by a credit card, debit card, charge card, or similar method of payment;
shall result in the suspension of the driving privileges of the person.
    (b) The court imposing a sentence for a violation under subsection (a) shall issue an order to the bureau of motor vehicles:
        (1) stating that the person has been convicted of an offense under section 2 of this chapter or section 3 of this chapter involving the unauthorized taking of gasoline or motor vehicle fuel; and
        (2) ordering the suspension of the person's driving privileges under IC 9-30-13-8.
The suspension of a person's driving privileges under this section is in addition to other penalties prescribed by IC 35-50-3-2 for a Class A misdemeanor or by IC 35-50-2-7 for a Class D Level 6 felony.
    SECTION 469. IC 35-43-5-2, AS AMENDED BY P.L.106-2006, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) A person who knowingly or intentionally:
        (1) makes or utters a written instrument in such a manner that it purports to have been made:
            (A) by another person;
            (B) at another time;
            (C) with different provisions; or
            (D) by authority of one who did not give authority; or
        (2) possesses more than one (1) written instrument knowing that the written instruments were made in a manner that they purport to have been made:
            (A) by another person;
            (B) at another time;
            (C) with different provisions; or
            (D) by authority of one who did not give authority;
commits counterfeiting, a Class D Level 6 felony.
     (b) A person who, with intent to defraud:
        (1) makes or delivers to another person:
            (A) a false sales receipt;
            (B) a duplicate of a sales receipt; or
            (C) a label or other item with a false universal product code (UPC) or other product identification code; or
        (2) places a false universal product code (UPC) or another product identification code on property displayed or offered for sale;
commits making or delivering a false sales document, a Level 6 felony.
    (c) A person who, with intent to defraud, possesses:
        (1) a retail sales receipt;
        (2) a label or other item with a universal product code (UPC); or
        (3) a label or other item that contains a product identification code that applies to an item other than the item to which the label or other item applies;
commits possession of a fraudulent sales document, a Class A misdemeanor. However, the offense is a Level 6 felony if the person possesses at least fifteen (15) retail sales receipts, at least fifteen (15) labels containing a universal product code (UPC), at least fifteen (15) labels containing another product identification code, or at least fifteen (15) of any combination of the items described in subdivisions (1) through (3).

    (b) (d) A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made:
        (1) by another person;
        (2) at another time;
        (3) with different provisions; or
        (4) by authority of one who did not give authority;
commits forgery, a Class C Level 6 felony.
    (c) (e) This subsection applies to a person who applies for a driver's license (as defined in IC 9-13-2-48) or a state identification card (as described in IC 9-24-16). A person who:
        (1) knowingly or intentionally uses a false or fictitious name or gives a false or fictitious address in an application for a driver's license or a state identification card or for a renewal or a duplicate of a driver's license or a state identification card; or
        (2) knowingly or intentionally makes a false statement or conceals a material fact or otherwise commits fraud in an application for a driver's license or a state identification card;
commits application fraud, a Class D Level 6 felony.
    (d) This subsection applies to a person who applies for a state identification card (as issued under IC 9-24-16). A person who:
        (1) knowingly or intentionally uses false information in an application for an identification card or for a renewal or duplicate of an identification card; or
        (2) knowingly or intentionally makes a false statement or otherwise commits fraud in an application for an identification card;
commits application fraud, a Class D felony.
    SECTION 470. IC 35-43-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. (a) A person who:
        (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent;
        (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity;
        (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted;
        (4) knowingly or intentionally, in the regular course of business, either:
            (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or
            (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity;
        (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service;
        (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property;
        (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine;
        (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug;
        (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;
        (10) with intent to defraud, misrepresents a person as being a physician licensed under IC 25-22.5; or
        (11) knowingly and intentionally defrauds another person furnishing cable TV service by avoiding paying compensation for that service by any scheme or device or by tampering with facilities or equipment of the person furnishing the service; or
        (12) knowingly or intentionally provides false information to a governmental entity to obtain a contract from the governmental entity;

commits deception, a Class A misdemeanor. However, an offense under subdivision (12) is a Level 6 felony if the provision of false information results in financial loss to the governmental entity.
    (b) In determining whether an advertisement is false, misleading, or deceptive under subsection (a)(9), there shall be considered, among other things, not only representations contained or suggested in the advertisement, by whatever means, including device or sound, but also the extent to which the advertisement fails to reveal material facts in the light of the representations.
    (c) A person who knowingly or intentionally falsely represents:
        (1) any entity as:
            (A) a disadvantaged business enterprise (as defined in IC 5-16-6.5-1); or
            (B) a women-owned business enterprise (as defined in IC 5-16-6.5-3);
        in order to qualify for certification as such an enterprise under a program conducted by a public agency (as defined in IC 5-16-6.5-2) designed to assist disadvantaged business enterprises or women-owned business enterprises in obtaining contracts with public agencies for the provision of goods and services; or
        (2) an entity with which the person will subcontract all or part of a contract with a public agency (as defined in IC 5-16-6.5-2) as:
            (A) a disadvantaged business enterprise (as defined in IC 5-16-6.5-1); or
            (B) a women-owned enterprise (as defined in IC 5-16-16.5-3);
        in order to qualify for certification as an eligible bidder under a program that is conducted by a public agency designed to assist disadvantaged business enterprises or women-owned business enterprises in obtaining contracts with public agencies for the provision of goods and services;
commits a Level 6 felony.

    SECTION 471. IC 35-43-5-3.5, AS AMENDED BY HEA 1225-2013, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3.5. (a) Except as provided in subsection (c), a person who knowingly or intentionally obtains, possesses, transfers, or uses the identifying information of another person, including the identifying information of a person who is deceased:
        (1) without the other person's consent; and
        (2) with intent to:
            (A) harm or defraud another person;
            (B) assume another person's identity; or
            (C) profess to be another person;
commits identity deception, a Class D Level 6 felony.
    (b) However, the offense defined in subsection (a) is a Class C

Level 5 felony if:
        (1) a person obtains, possesses, transfers, or uses the identifying information of more than one hundred (100) persons;
        (2) the fair market value of the fraud or harm caused by the offense is at least fifty thousand dollars ($50,000); or
        (3) a person obtains, possesses, transfers, or uses the identifying information of a person who is less than eighteen (18) years of age and is:
            (A) the person's son or daughter;
            (B) a dependent of the person;
            (C) a ward of the person; or
            (D) an individual for whom the person is a guardian.
    (c) The conduct prohibited in subsections (a) and (b) does not apply to:
        (1) a person less than twenty-one (21) years of age who uses the identifying information of another person to acquire an alcoholic beverage (as defined in IC 7.1-1-3-5);
        (2) a minor (as defined in IC 35-49-1-4) who uses the identifying information of another person to acquire:
            (A) a cigarette, an electronic cigarette (as defined in IC 35-46-1-1.5), or a tobacco product (as defined in IC 6-7-2-5);
            (B) a periodical, a videotape, or other communication medium that contains or depicts nudity (as defined in IC 35-49-1-5);
            (C) admittance to a performance (live or film) that prohibits the attendance of the minor based on age; or
            (D) an item that is prohibited by law for use or consumption by a minor; or
        (3) any person who uses the identifying information for a lawful purpose.
    (d) It is not a defense in a prosecution under subsection (a) or (b) that no person was harmed or defrauded.
    SECTION 472. IC 35-43-5-3.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3.6. A person who knowingly or intentionally obtains, possesses, transfers, or uses the identifying information of another person with intent to:
        (1) commit terrorism; or
        (2) obtain or transport a weapon of mass destruction;
commits terroristic deception, a Class C Level 5 felony.


    SECTION 473. IC 35-43-5-3.8, AS ADDED BY P.L.137-2009, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3.8. (a) A person who knowingly or intentionally obtains, possesses, transfers, or uses the synthetic identifying information:
        (1) with intent to harm or defraud another person;
        (2) with intent to assume another person's identity; or
        (3) with intent to profess to be another person;
commits synthetic identity deception, a Class D Level 6 felony.
    (b) The offense under subsection (a) is a Class C Level 5 felony if:
        (1) a person obtains, possesses, transfers, or uses the synthetic identifying information of more than one hundred (100) persons; or
        (2) the fair market value of the fraud or harm caused by the offense is at least fifty thousand dollars ($50,000).
    (c) The conduct prohibited in subsections (a) and (b) does not apply to:
        (1) a person less than twenty-one (21) years of age who uses the synthetic identifying information of another person to acquire an alcoholic beverage (as defined in IC 7.1-1-3-5); or
        (2) a minor (as defined in IC 35-49-1-4) who uses the synthetic identifying information of another person to acquire:
            (A) a cigarette or tobacco product (as defined in IC 6-7-2-5);
            (B) a periodical, a videotape, or other communication medium that contains or depicts nudity (as defined in IC 35-49-1-5);
            (C) admittance to a performance (live or on film) that prohibits the attendance of the minor based on age; or
            (D) an item that is prohibited by law for use or consumption by a minor.
    (d) It is not a defense in a prosecution under subsection (a) or (b) that no person was harmed or defrauded.
    SECTION 474. IC 35-43-5-4, AS AMENDED BY P.L.181-2005, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4. A person who:
        (1) with intent to defraud, obtains property by:
            (A) using a credit card, knowing that the credit card was unlawfully obtained or retained;
            (B) using a credit card, knowing that the credit card is forged, revoked, or expired;
            (C) using, without consent, a credit card that was issued to another person;
            (D) representing, without the consent of the credit card holder, that the person is the authorized holder of the credit card; or
            (E) representing that the person is the authorized holder of a credit card when the card has not in fact been issued;
        (2) being authorized by an issuer to furnish property upon presentation of a credit card, fails to furnish the property and, with intent to defraud the issuer or the credit card holder, represents in writing to the issuer that the person has furnished the property;
        (3) being authorized by an issuer to furnish property upon presentation of a credit card, furnishes, with intent to defraud the issuer or the credit card holder, property upon presentation of a credit card, knowing that the credit card was unlawfully obtained or retained or that the credit card is forged, revoked, or expired;
        (4) not being the issuer, knowingly or intentionally sells a credit card;
        (5) not being the issuer, receives a credit card, knowing that the credit card was unlawfully obtained or retained or that the credit card is forged, revoked, or expired;
        (6) with intent to defraud, receives a credit card as security for debt;
        (7) receives property, knowing that the property was obtained in violation of subdivision (1) of this section;
        (8) with intent to defraud the person's creditor or purchaser, conceals, encumbers, or transfers property;
        (9) with intent to defraud, damages property; or
        (10) knowingly or intentionally:
            (A) sells;
            (B) rents;
            (C) transports; or
            (D) possesses;
        a recording for commercial gain or personal financial gain that does not conspicuously display the true name and address of the manufacturer of the recording;
commits fraud, a Class D Level 6 felony.
    SECTION 475. IC 35-43-5-4.3, AS AMENDED BY P.L.137-2009, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4.3. (a) As used in this section, "card skimming

device" means a device that is designed to read information encoded on a credit card. The term includes a device designed to read, record, or transmit information encoded on a credit card:
        (1) directly from a credit card; or
        (2) from another device that reads information directly from a credit card.
    (b) A person who possesses a card skimming device with intent to commit:
        (1) identity deception (IC 35-43-5-3.5);
        (2) synthetic identity deception (IC 35-43-5-3.8);
        (3) fraud (IC 35-43-5-4); or
        (4) terroristic deception (IC 35-43-5-3.6);
commits unlawful possession of a card skimming device. Unlawful possession of a card skimming device under subdivision (1), (2), or (3) is a Class D Level 6 felony. Unlawful possession of a card skimming device under subdivision (4) is a Class C Level 5 felony.
    SECTION 476. IC 35-43-5-4.5, AS ADDED BY P.L.181-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 4.5. (a) A person who, knowingly and with intent to defraud:
        (1) makes, utters, presents, or causes to be presented to an insurer or an insurance claimant, a claim statement that contains false, incomplete, or misleading information concerning the claim;
        (2) presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, an oral, a written, or an electronic statement that the person knows to contain materially false information as part of, in support of, or concerning a fact that is material to:
            (A) the rating of an insurance policy;
            (B) a claim for payment or benefit under an insurance policy;
            (C) premiums paid on an insurance policy;
            (D) payments made in accordance with the terms of an insurance policy;
            (E) an application for a certificate of authority;
            (F) the financial condition of an insurer; or
            (G) the acquisition of an insurer;
        or conceals any information concerning a subject set forth in clauses (A) through (G);
        (3) solicits or accepts new or renewal insurance risks by or for an

insolvent insurer or other entity regulated under IC 27;
        (4) removes:
            (A) the assets;
            (B) the record of assets, transactions, and affairs; or
            (C) a material part of the assets or the record of assets, transactions, and affairs;
        of an insurer or another entity regulated under IC 27, from the home office, other place of business, or place of safekeeping of the insurer or other regulated entity, or conceals or attempts to conceal from the department of insurance assets or records referred to in clauses (A) through (B); or
        (5) diverts funds of an insurer or another person in connection with:
            (A) the transaction of insurance or reinsurance;
            (B) the conduct of business activities by an insurer or another entity regulated under IC 27; or
            (C) the formation, acquisition, or dissolution of an insurer or another entity regulated under IC 27;
commits insurance fraud. Except as provided in subsection (b), insurance fraud is a Class D Level 6 felony.
    (b) An offense described in subsection (a) is a Class C Level 5 felony if:
        (1) the person who commits the offense has a prior unrelated conviction under this section; or
        (2) the:
            (A) value of property, services, or other benefits obtained or attempted to be obtained by the person as a result of the offense; or
            (B) economic loss suffered by another person as a result of the offense;
        is at least two thousand five hundred dollars ($2,500).
    (c) A person who knowingly and with intent to defraud makes a material misstatement in support of an application for the issuance of an insurance policy commits insurance application fraud, a Class A misdemeanor.
    SECTION 477. IC 35-43-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 5. (a) A person who knowingly or intentionally issues or delivers a check, a draft, or an order on a credit institution for the payment of or to acquire money or

other property, knowing that it will not be paid or honored by the credit institution upon presentment in the usual course of business, commits check deception, a Class A misdemeanor. However, the offense is:
         (1) a Class D Level 6 felony if the amount of the check, draft, or order is at least two thousand five seven hundred fifty dollars ($2,500) ($750) and less than fifty thousand dollars ($50,000); and the property acquired by the person was a motor vehicle.
         (2) a Level 5 felony if the amount of the check, draft, or order is at least fifty thousand dollars ($50,000).
    (b) An unpaid and dishonored check, a draft, or an order that has the drawee's refusal to pay and reason printed, stamped, or written on or attached to it constitutes prima facie evidence:
        (1) that due presentment of it was made to the drawee for payment and dishonor thereof; and
        (2) that it properly was dishonored for the reason stated.
    (c) The fact that a person issued or delivered a check, a draft, or an order, payment of which was refused by the drawee, constitutes prima facie evidence that the person knew that it would not be paid or honored. In addition, evidence that a person had insufficient funds in or no account with a drawee credit institution constitutes prima facie evidence that the person knew that the check, draft, or order would not be paid or honored.
    (d) The following two (2) items constitute prima facie evidence of the identity of the maker of a check, draft, or order if at the time of its acceptance they are obtained and recorded, either on the check, draft, or order itself or on file, by the payee:
        (1) Name and residence, business, or mailing address of the maker.
        (2) Motor vehicle operator's license number, Social Security number, home telephone number, or place of employment of the maker.
    (e) It is a defense under subsection (a) if a person who:
        (1) has an account with a credit institution but does not have sufficient funds in that account; and
        (2) issues or delivers a check, a draft, or an order for payment on that credit institution;
pays the payee or holder the amount due, together with protest fees and any service fee or charge, which may not exceed the greater of twenty-seven dollars and fifty cents ($27.50) or five percent (5%) (but

not more than two hundred fifty dollars ($250)) of the amount due, that may be charged by the payee or holder, within ten (10) days after the date of mailing by the payee or holder of notice to the person that the check, draft, or order has not been paid by the credit institution. Notice sent in the manner set forth in IC 26-2-7-3 constitutes notice to the person that the check, draft, or order has not been paid by the credit institution. The payee or holder of a check, draft, or order that has been dishonored incurs no civil or criminal liability for sending notice under this subsection.
    (f) A person does not commit a crime under subsection (a) when:
        (1) the payee or holder knows that the person has insufficient funds to ensure payment or that the check, draft, or order is postdated; or
        (2) insufficiency of funds or credit results from an adjustment to the person's account by the credit institution without notice to the person.
    SECTION 478. IC 35-43-5-6.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 6.5. (a) A person who manufactures, distributes, sells, leases, or offers for sale or lease:
        (1) a device; or
        (2) a kit of parts to construct a device;
designed in whole or in part to intercept, unscramble, or decode a transmission by a cable television system with the intent that the device or kit be used to obtain cable television system services without full payment to the cable television system commits a Class D Level 6 felony.
    (b) The sale or distribution by a person of:
        (1) any device; or
        (2) a kit of parts to construct a device;
described in subsection (a) constitutes prima facie evidence of a violation of subsection (a) if, before or at the time of sale or distribution, the person advertised or indicated that the device or the assembled kit will enable a person to receive cable television system service without making full payment to the cable television system.
    SECTION 479. IC 35-43-5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. (a) A person who knowingly or intentionally:
        (1) obtains public relief or assistance by means of impersonation, fictitious transfer, false or misleading oral or written statement,

fradulent fraudulent conveyance, or other fraudulent means;
        (2) acquires, possesses, uses, transfers, sells, trades, issues, or disposes of:
            (A) an authorization document to obtain public relief or assistance; or
            (B) public relief or assistance;
        except as authorized by law;
        (3) uses, transfers, acquires, issues, or possesses a blank or incomplete authorization document to participate in public relief or assistance programs, except as authorized by law;
        (4) counterfeits or alters an authorization document to receive public relief or assistance, or knowingly uses, transfers, acquires, or possesses a counterfeit or altered authorization document to receive public relief or assistance; or
        (5) conceals information for the purpose of receiving public relief or assistance to which he is not entitled;
commits welfare fraud, a Class A misdemeanor, except as provided in subsection (b).
    (b) The offense is:
        (1) a Class D Level 6 felony if
            (A) the amount of public relief or assistance involved is more than two seven hundred fifty dollars ($250) ($750) but less than two fifty thousand five hundred dollars ($2,500); or
            (B) the amount involved is not more than two hundred fifty dollars ($250) and the person has a prior conviction of welfare fraud under this section; ($50,000); and
        (2) a Class C Level 5 felony if the amount of public relief or assistance involved is two at least fifty thousand five hundred dollars ($2,500) or more, regardless of whether the person has a prior conviction of welfare fraud under this section. ($50,000).
    (c) Whenever a person is convicted of welfare fraud under this section, the clerk of the sentencing court shall certify to the appropriate state agency and the appropriate agency of the county of the defendant's residence:
        (1) his the defendant's conviction; and
        (2) whether the defendant is placed on probation and restitution is ordered under IC 35-38-2.
    SECTION 480. IC 35-43-5-7.1, AS AMENDED BY P.L.1-2006, SECTION 531, IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2014]: Sec. 7.1. (a) Except as provided in subsection (b), a person who knowingly or intentionally:
        (1) files a Medicaid claim, including an electronic claim, in violation of IC 12-15;
        (2) obtains payment from the Medicaid program under IC 12-15 by means of a false or misleading oral or written statement or other fraudulent means;
        (3) acquires a provider number under the Medicaid program except as authorized by law;
        (4) alters with the intent to defraud or falsifies documents or records of a provider (as defined in 42 CFR 1000.30) that are required to be kept under the Medicaid program; or
        (5) conceals information for the purpose of applying for or receiving unauthorized payments from the Medicaid program;
commits Medicaid fraud, a Class D felony. Class A misdemeanor.
    (b) The offense described in subsection (a) is:
         (1) a Level 6 felony if the fair market value of the offense is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000); and
        (2)
a Class C Level 5 felony if the fair market value of the offense is at least one hundred fifty thousand dollars ($100,000). ($50,000).
    SECTION 481. IC 35-43-5-7.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7.2. (a) Except as provided in subsection (b), a person who knowingly or intentionally:
        (1) files a children's health insurance program claim, including an electronic claim, in violation of IC 12-17.6;
        (2) obtains payment from the children's health insurance program under IC 12-17.6 by means of a false or misleading oral or written statement or other fraudulent means;
        (3) acquires a provider number under the children's health insurance program except as authorized by law;
        (4) alters with intent to defraud or falsifies documents or records of a provider (as defined in 42 CFR 1002.301) that are required to be kept under the children's health insurance program; or
        (5) conceals information for the purpose of applying for or receiving unauthorized payments from the children's health insurance program;
commits insurance fraud, a Class D felony. Class A misdemeanor.


    (b) The offense described in subsection (a) is:
         (1) a Level 6 felony if the fair market value of the offense is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000); and
        (2)
a Class C Level 5 felony if the fair market value of the offense is at least one hundred fifty thousand dollars ($100,000). ($50,000).
    SECTION 482. IC 35-43-5-8, AS AMENDED BY P.L.57-2006, SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 8. (a) A person who knowingly executes, or attempts to execute, a scheme or artifice:
        (1) to defraud a state or federally chartered or federally insured financial institution; or
        (2) to obtain any of the money, funds, credits, assets, securities, or other property owned by or under the custody or control of a state or federally chartered or federally insured financial institution by means of false or fraudulent pretenses, representations, or promises;
commits a Class C Level 5 felony.
    (b) As used in this section, the term "state or federally chartered or federally insured financial institution" means:
        (1) an institution with accounts insured by the Federal Deposit Insurance Corporation;
        (2) a credit union with accounts insured by the National Credit Union Administration Board;
        (3) a federal home loan bank or a member, as defined in Section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), as in effect on December 31, 1990, of the Federal Home Loan Bank System; or
        (4) a bank, banking association, land bank, intermediate credit bank, bank for cooperatives, production credit association, land bank association, mortgage association, trust company, savings bank, or other banking or financial institution organized or operating under the laws of the United States or of the state.
The term does not include a lender licensed under IC 24-4.5.
    SECTION 483. IC 35-43-5-9 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 9. (a) A person who knowingly or intentionally falsely represents any entity as a disadvantaged business enterprise (as defined in IC 5-16-6.5-1) or a women owned business enterprise (as defined in

IC 5-16-6.5-3) in order to qualify for certification as such an enterprise under a program conducted by a public agency (as defined in IC 5-16-6.5-2) designed to assist disadvantaged business enterprises or women owned business enterprises in obtaining contracts with public agencies for the provision of goods and services commits a Class D felony.
    (b) A person who knowingly or intentionally falsely represents an entity with which the person will subcontract all or part of a contract with a public agency (as defined in IC 5-16-6.5-2) as a disadvantaged business enterprise (as defined in IC 5-16-6.5-1) or a women owned enterprise (as defined in IC 5-16-16.5-3) in order to qualify for certification as an eligible bidder under a program conducted by a public agency designed to assist disadvantaged business enterprises or women owned enterprises in obtaining contracts with public agencies for the provision of goods and services commits a Class D felony.
    SECTION 484. IC 35-43-5-11 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 11. A person who knowingly or intentionally provides false information to a governmental entity to obtain a contract from the governmental entity commits a Class A misdemeanor. However, the offense is a Class D felony if the provision of false information results in financial loss to the governmental entity.
    SECTION 485. IC 35-43-5-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 12. (a) As used in this section, "financial institution" refers to a state or federally chartered bank, savings bank, savings association, or credit union.
    (b) A person who knowingly or intentionally obtains property, through a scheme or artifice, with intent to defraud:
        (1) by issuing or delivering a check, a draft, an electronic debit, or an order on a financial institution:
            (A) knowing that the check, draft, order, or electronic debit will not be paid or honored by the financial institution upon presentment in the usual course of business;
            (B) using false or altered evidence of identity or residence;
            (C) using a false or an altered account number; or
            (D) using a false or an altered check, draft, order or electronic instrument;
        (2) by:
            (A) depositing the minimum initial deposit required to open an account; and


            (B) either making no additional deposits or making insufficient additional deposits to insure debits to the account; or
        (3) by opening accounts with more than one (1) financial institution in either a consecutive or concurrent time period;
commits check fraud, a Class D felony. Class A misdemeanor.
    (c)
However, the an offense under subsection (b) is:
         (1) a Class C Level 6 felony if the person has a prior unrelated conviction under this section or the aggregate amount of property obtained is at least twenty-five thousand seven hundred fifty dollars ($25,000). ($750) and less than fifty thousand dollars ($50,000); and
        (2) a Level 5 felony if the aggregate amount of the property obtained is at least fifty thousand dollars ($50,000).

    SECTION 486. IC 35-43-5-14 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 14. (a) A person who, with intent to defraud, possesses:
        (1) a retail sales receipt;
        (2) a label or other item with a universal product code (UPC); or
        (3) a label or other item that contains a product identification code that applies to an item other than the items to which the label or other item applies;
commits possession of a fraudulent sales document, a Class A misdemeanor.
    (b) The offense under subsection (a) is a Class D felony if the person possesses at least fifteen (15):
        (1) retail sales receipts;
        (2) labels containing a universal product code (UPC);
        (3) labels containing another product identification code; or
        (4) of any combination of the items described in subdivisions (1) through (3).
    SECTION 487. IC 35-43-5-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 16. A person who, with intent to defraud:
        (1) makes or puts a false universal product code (UPC) or another product identification code on property displayed or offered for sale; or
        (2) makes a false sales receipt;
commits making a false sales document, a Class D Level 6 felony.
    SECTION 488. IC 35-43-5-17 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 17. A person who, with intent to defraud, delivers a:
        (1) false sales receipt;
        (2) duplicate of a sales receipt; or
        (3) label or other item with a false universal product code (UPC) or other product identification code;
to another person commits delivery of a false sales document, a Class D felony.
    SECTION 489. IC 35-43-5-20, AS ADDED BY P.L.81-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 20. (a) As used in this section, "inmate" means a person who is confined in:
        (1) the custody of:
            (A) the department of correction; or
            (B) a sheriff;
        (2) a county jail; or
        (3) a secure juvenile facility.
    (b) An inmate who:
        (1) is a pretrial detainee; and
        (2)
with the intent of obtaining money or other property from a person who is not an inmate, knowingly or intentionally:
            (1) (A) makes a misrepresentation to a person who is not an inmate and obtains or attempts to obtain money or other property from the person who is not an inmate; or
            (2) (B) obtains or attempts to obtain money or other property from the person who is not an inmate through a misrepresentation made by another person;
commits inmate fraud, a Class C Level 6 felony.
     (c) An inmate:
        (1) who is incarcerated because the inmate has been:
            (A) convicted of an offense; or
            (B) adjudicated a delinquent; and
        (2) who, with the intent of obtaining money or other property from a person who is not an inmate, knowingly or intentionally:
            (A) makes a misrepresentation to a person who is not an inmate and obtains or attempts to obtain money or other property from the person who is not an inmate; or
            (B) obtains or attempts to obtain money or other property from the person who is not an inmate through a misrepresentation made by another person;
commits inmate fraud, a Level 5 felony.

    SECTION 490. IC 35-43-6-13, AS AMENDED BY P.L.1-2007, SECTION 232, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 13. (a) The offense in section 12(a) of this chapter is a Class A misdemeanor:
        (1) in the case of an offense under section 12(a)(1) through 12(a)(4) of this chapter or section 12(a)(6) through 12(a)(9) of this chapter, if the home improvement contract price is one thousand dollars ($1,000) or more;
        (2) for the second or subsequent offense under this chapter or in another jurisdiction for an offense that is substantially similar to another offense described in this chapter;
        (3) if two (2) or more home improvement contracts exceed an aggregate amount of one thousand dollars ($1,000) and are entered into with the same consumer by one (1) or more suppliers as part of or in furtherance of a common fraudulent scheme, design, or intention; or
        (4) if, in a violation of section 12(a)(5) of this chapter, the home improvement contract price is at least seven thousand dollars ($7,000), but less than ten thousand dollars ($10,000).
    (b) The offense in section 12 of this chapter is a Class D Level 6 felony:
        (1) if, in a violation of section 12(a)(5) of this chapter, the home improvement contract price is more than ten thousand dollars ($10,000);
        (2) if, in a violation of:
            (A) section 12(a)(1) through 12(a)(5); or
            (B) section 12(a)(7) through 12(a)(9);
        of this chapter, the consumer is at least sixty (60) years of age and the home improvement contract price is ten thousand dollars ($10,000) or less;
        (3) if, in a violation of section 12(b) of this chapter, the consumer is at least sixty (60) years of age; or
        (4) if the home improvement supplier violates more than one (1) subdivision of section 12(a) of this chapter.
    (c) The offense in section 12(a) of this chapter is a Class C Level 5 felony:
        (1) if, in a violation of:
            (A) section 12(a)(1) through 12(a)(5); or
            (B) section 12(a)(7) through 12(a)(9);
        of this chapter, the consumer is at least sixty (60) years of age and the home improvement contract price is more than ten thousand dollars ($10,000); or
        (2) if, in a violation of:
            (A) section 12(a)(1) through 12(a)(4); or
            (B) section 12(a)(7) through 12(a)(9);
        of this chapter, the consumer is at least sixty (60) years of age, and two (2) or more home improvement contracts exceed an aggregate amount of one thousand dollars ($1,000) and are entered into with the same consumer by one (1) or more suppliers as part of or in furtherance of a common fraudulent scheme, design, or intention.
    SECTION 491. IC 35-43-8-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) A person who recklessly, knowingly, or intentionally, without claim or right or consent of the owner, drives, places, or fastens in timber a device of metal, ceramic, or other substance sufficiently hard to damage equipment used in the processing of timber into wood products, with the intent to hinder the felling, logging, or processing of timber, is guilty of a crime and may be sentenced under this chapter. commits timber spiking, a Level 6 felony.
    (b) However, the offense under subsection (a) is a Level 5 felony if the offense causes bodily injury to another person.
    (c) In addition to a penalty imposed under subsection (a) or (b), the court may order a person convicted of violating this section to pay attorney's fees and restitution to the owner of property damaged because of the action of the person.

    SECTION 492. IC 35-43-8-3 IS REPEALED [EFFECTIVE JULY 1, 2014]. Sec. 3. (a) A person who violates section 2 of this chapter commits a Class C felony if the violation causes bodily injury to another person.
    (b) A person who violates section 2 of this chapter commits a Class D felony if the violation does not cause bodily injury to another person.
    (c) In addition to a penalty imposed under subsection (a) or (b), the court may order a person convicted of violating section 2 of this chapter to pay attorney's fees and restitution to the owner of property damaged because of the action of the person.
    SECTION 493. IC 35-43-9-7 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 7. (a) An officer, a director, or an employee of a title insurer, an individual associated with the title insurer as an independent contractor, or a title insurance agent who knowingly or intentionally:
        (1) converts or misappropriates money received or held in a title insurance escrow account; or
        (2) receives or conspires to receive money described in subdivision (1);
commits a Class D Level 6 felony, except as provided in subsection (b).
    (b) The offense is:
        (1) a Class C Level 5 felony if the amount of money:
            (A) converted, misappropriated, or received; or
            (B) for which there is a conspiracy;
        is more than ten thousand dollars ($10,000) but less than one hundred thousand dollars ($100,000); and
        (2) a Class B Level 4 felony if the amount of money:
            (A) converted, misappropriated, or received; or
            (B) for which there is a conspiracy;
        is at least one hundred thousand dollars ($100,000).
    SECTION 494. IC 35-43-10-3, AS ADDED BY P.L.212-2005, SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]: Sec. 3. A person who knowing