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Indiana House Bill HB1615

Indiana 2023 Regular Session

Indiana House Bill HB1615 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 HOUSE BILL No. 1615
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 5-2-8; IC 6-2.5-5-58; IC 6-7-3; IC 9-30;
77 IC 11-12-3.7-3; IC 15-16-7-8; IC 16-19-3-33; IC 16-31-3;
88 IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
99 IC 31-37-1-2; IC 33-37; IC 34-24-1-1; IC 35-31.5-2; IC 35-45;
1010 IC 35-46-9-6; IC 35-48; IC 35-50.
1111 Synopsis: Legalization of cannabis. Legalizes the sale and use of
1212 cannabis by a person at least 18 years of age. Requires the Indiana
1313 department of health to establish a program to issue a medical cannabis
1414 identification card to a patient whose physician has recommended
1515 cannabis to treat a medical condition. Permits the sale of cannabis to a
1616 person less than 18 years of age if the person has been issued a medical
1717 cannabis identification card, and exempts purchases by a medical
1818 cannabis cardholder from sales tax. Makes conforming amendments.
1919 Effective: July 1, 2023.
2020 Payne, VanNatter, Pierce K,
2121 Miller K
2222 January 19, 2023, read first time and referred to Committee on Public Health.
2323 2023 IN 1615—LS 6934/DI 106 Introduced
2424 First Regular Session of the 123rd General Assembly (2023)
2525 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2626 Constitution) is being amended, the text of the existing provision will appear in this style type,
2727 additions will appear in this style type, and deletions will appear in this style type.
2828 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2929 provision adopted), the text of the new provision will appear in this style type. Also, the
3030 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3131 a new provision to the Indiana Code or the Indiana Constitution.
3232 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3333 between statutes enacted by the 2022 Regular Session of the General Assembly.
3434 HOUSE BILL No. 1615
3535 A BILL FOR AN ACT to amend the Indiana Code concerning
3636 criminal law and procedure.
3737 Be it enacted by the General Assembly of the State of Indiana:
3838 1 SECTION 1. IC 5-2-8-5, AS AMENDED BY P.L.217-2017,
3939 2 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4040 3 JULY 1, 2023]: Sec. 5. (a) There is established the state police training
4141 4 fund. The fund consists of amounts collected under IC 33-37-4-1(b)(4),
4242 5 IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4)
4343 6 IC 33-37-4-3(b)(3) on behalf of the state police department.
4444 7 (b) If the state police department files a claim under IC 33-37-8-4
4545 8 or IC 33-37-8-6 against a city or town user fee fund or a county user fee
4646 9 fund, the fiscal officer of the city or town or the county auditor shall
4747 10 deposit fees collected under the cause numbers submitted by the state
4848 11 police department into the state police training fund established under
4949 12 this section.
5050 13 (c) Claims against the state police training fund must be submitted
5151 14 in accordance with IC 5-11-10.
5252 15 (d) Money in excess of one hundred dollars ($100) that is
5353 16 unencumbered and remains in the state police training fund for at least
5454 17 one (1) entire calendar year from the date of its deposit shall, at the end
5555 2023 IN 1615—LS 6934/DI 106 2
5656 1 of the state's fiscal year, be deposited in the law enforcement academy
5757 2 fund established under IC 5-2-1-13.
5858 3 (e) As used in this subsection, "abuse" has the meaning set forth in
5959 4 section 1(a) of this chapter. As a part of the state police department's
6060 5 in-service training, the department shall provide to each law
6161 6 enforcement officer employed by the department continuing education
6262 7 concerning the following:
6363 8 (1) Duties of a law enforcement officer in enforcing restraining
6464 9 orders, protective orders, temporary injunctions, and permanent
6565 10 injunctions involving abuse.
6666 11 (2) Guidelines for making felony and misdemeanor arrests in
6767 12 cases involving abuse.
6868 13 (3) Techniques for handling incidents of abuse that:
6969 14 (A) minimize the likelihood of injury to the law enforcement
7070 15 officer; and
7171 16 (B) promote the safety of a victim.
7272 17 (4) Information about the nature and extent of the abuse.
7373 18 (5) Information about the legal rights of and remedies available
7474 19 to victims of abuse.
7575 20 (6) How to document and collect evidence in an abuse case.
7676 21 (7) The legal consequences of abuse.
7777 22 (8) The impact on children of law enforcement intervention in
7878 23 abuse cases.
7979 24 (9) Services and facilities available to victims of abuse and
8080 25 abusers.
8181 26 (10) Verification of restraining orders, protective orders,
8282 27 temporary injunctions, and permanent injunctions.
8383 28 (11) Policies concerning arrest or release of suspects in abuse
8484 29 cases.
8585 30 (12) Emergency assistance to victims of abuse and criminal
8686 31 justice options for victims of abuse.
8787 32 (13) Landlord-tenant concerns in abuse cases.
8888 33 (14) The taking of an abused child into protective custody.
8989 34 (15) Assessment of a situation in which a child may be seriously
9090 35 endangered if the child is left in the child's home.
9191 36 (16) Assessment of a situation involving an endangered adult (as
9292 37 defined in IC 12-10-3-2).
9393 38 (17) Response to a sudden, unexpected infant death.
9494 39 The cost of providing continuing education under this subsection shall
9595 40 be paid from money in the state police training fund.
9696 41 SECTION 2. IC 5-2-8-7, AS AMENDED BY P.L.217-2017,
9797 42 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9898 2023 IN 1615—LS 6934/DI 106 3
9999 1 JULY 1, 2023]: Sec. 7. (a) There is established the conservation
100100 2 officers training fund. The department of natural resources shall
101101 3 administer the fund. The fund consists of amounts collected under
102102 4 IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and
103103 5 IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on behalf of the department of
104104 6 natural resources.
105105 7 (b) If the department of natural resources files a claim under
106106 8 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
107107 9 county user fee fund, the fiscal officer of the city or town or the county
108108 10 auditor shall deposit fees collected under the cause numbers submitted
109109 11 by the department of natural resources into the conservation officers
110110 12 training fund established under this section.
111111 13 (c) Claims against the conservation officers training fund must be
112112 14 submitted in accordance with IC 5-11-10.
113113 15 (d) Money in excess of one hundred dollars ($100) that is
114114 16 unencumbered and remains in the conservation officers' training fund
115115 17 for at least one (1) entire calendar year from the date of its deposit
116116 18 shall, at the end of the state's fiscal year, be deposited in the law
117117 19 enforcement academy fund established under IC 5-2-1-13.
118118 20 SECTION 3. IC 5-2-8-8, AS AMENDED BY P.L.217-2017,
119119 21 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
120120 22 JULY 1, 2023]: Sec. 8. (a) There is established the alcoholic beverage
121121 23 enforcement officers' training fund. The alcohol and tobacco
122122 24 commission shall administer the fund. The fund consists of amounts
123123 25 collected under IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3),
124124 26 IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on
125125 27 behalf of the alcohol and tobacco commission.
126126 28 (b) If the alcohol and tobacco commission files a claim under
127127 29 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
128128 30 county user fee fund, the fiscal officer of the city or town or the county
129129 31 auditor shall deposit fees collected under the cause numbers submitted
130130 32 by the alcohol and tobacco commission into the alcoholic beverage
131131 33 enforcement officers' training fund established under this section.
132132 34 (c) Claims against the alcoholic beverage enforcement officers'
133133 35 training fund must be submitted in accordance with IC 5-11-10.
134134 36 (d) Money in excess of one hundred dollars ($100) that is
135135 37 unencumbered and remains in the alcoholic beverage enforcement
136136 38 officers' training fund for at least one (1) entire calendar year from the
137137 39 date of its deposit shall, at the end of the state's fiscal year, be deposited
138138 40 in the law enforcement academy fund established under IC 5-2-1-13.
139139 41 SECTION 4. IC 6-2.5-5-58 IS ADDED TO THE INDIANA CODE
140140 42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
141141 2023 IN 1615—LS 6934/DI 106 4
142142 1 1, 2023]: Sec. 58. Transactions involving cannabis are exempt from
143143 2 the state gross retail tax if the person acquiring the cannabis has
144144 3 been issued a medical cannabis identification card under
145145 4 IC 16-19-3-33.
146146 5 SECTION 5. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2023].
147147 6 (Controlled Substance Excise Tax).
148148 7 SECTION 6. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
149149 8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
150150 9 JULY 1, 2023]: Sec. 1. (a) A person who operates a vehicle with an
151151 10 alcohol concentration equivalent to at least eight-hundredths (0.08)
152152 11 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
153153 12 per:
154154 13 (1) one hundred (100) milliliters of the person's blood; or
155155 14 (2) two hundred ten (210) liters of the person's breath;
156156 15 commits a Class C misdemeanor.
157157 16 (b) A person who operates a vehicle with an alcohol concentration
158158 17 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
159159 18 (1) one hundred (100) milliliters of the person's blood; or
160160 19 (2) two hundred ten (210) liters of the person's breath;
161161 20 commits a Class A misdemeanor.
162162 21 (c) A person who operates a vehicle with a controlled substance
163163 22 listed in schedule I or II of IC 35-48-2 or its metabolite, not including
164164 23 THC, in the person's blood commits a Class C misdemeanor.
165165 24 (d) It is a defense to subsection (c) that (1) the accused person
166166 25 consumed the controlled substance in accordance with a valid
167167 26 prescription or order of a practitioner (as defined in IC 35-48-1) who
168168 27 acted in the course of the practitioner's professional practice. or
169169 28 (2) the:
170170 29 (A) controlled substance is marijuana or a metabolite of
171171 30 marijuana;
172172 31 (B) person was not intoxicated;
173173 32 (C) person did not cause a traffic accident; and
174174 33 (D) substance was identified by means of a chemical test taken
175175 34 pursuant to IC 9-30-7.
176176 35 (e) A person who:
177177 36 (1) operates a vehicle with at least five (5) nanograms per
178178 37 milliliter of THC in the person's whole blood; and
179179 38 (2) is impaired;
180180 39 commits a Class C misdemeanor.
181181 40 SECTION 7. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
182182 41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
183183 42 JULY 1, 2023]: Sec. 4. (a) A person who causes serious bodily injury
184184 2023 IN 1615—LS 6934/DI 106 5
185185 1 to another person when operating a vehicle:
186186 2 (1) with an alcohol concentration equivalent to at least
187187 3 eight-hundredths (0.08) gram of alcohol per:
188188 4 (A) one hundred (100) milliliters of the person's blood; or
189189 5 (B) two hundred ten (210) liters of the person's breath;
190190 6 (2) with a controlled substance listed in schedule I or II of
191191 7 IC 35-48-2 or its metabolite, not including THC, in the person's
192192 8 blood;
193193 9 (3) with at least five (5) nanograms per milliliter of THC in
194194 10 the person's whole blood; or
195195 11 (3) (4) while intoxicated;
196196 12 commits a Level 5 felony. However, the offense is a Level 4 felony if
197197 13 the person has a previous conviction of operating while intoxicated
198198 14 within the five (5) years preceding the commission of the offense.
199199 15 (b) A person who violates subsection (a) commits a separate offense
200200 16 for each person whose serious bodily injury is caused by the violation
201201 17 of subsection (a).
202202 18 (c) It is a defense under subsection (a)(2) that the accused person
203203 19 consumed the controlled substance in accordance with a valid
204204 20 prescription or order of a practitioner (as defined in IC 35-48-1) who
205205 21 acted in the course of the practitioner's professional practice.
206206 22 SECTION 8. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
207207 23 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
208208 24 JULY 1, 2023]: Sec. 5. (a) A person who causes the death or
209209 25 catastrophic injury of another person when operating a vehicle:
210210 26 (1) with an alcohol concentration equivalent to at least
211211 27 eight-hundredths (0.08) gram of alcohol per:
212212 28 (A) one hundred (100) milliliters of the person's blood; or
213213 29 (B) two hundred ten (210) liters of the person's breath;
214214 30 (2) with a controlled substance listed in schedule I or II of
215215 31 IC 35-48-2 or its metabolite, not including THC, in the person's
216216 32 blood;
217217 33 (3) with at least five (5) nanograms per milliliter of THC in
218218 34 the person's whole blood; or
219219 35 (3) (4) while intoxicated;
220220 36 commits a Level 4 felony.
221221 37 (b) A person who causes the death of a law enforcement animal (as
222222 38 defined in IC 35-46-3-4.5) when operating a vehicle:
223223 39 (1) with an alcohol concentration equivalent to at least
224224 40 eight-hundredths (0.08) gram of alcohol per:
225225 41 (A) one hundred (100) milliliters of the person's blood; or
226226 42 (B) two hundred ten (210) liters of the person's breath; or
227227 2023 IN 1615—LS 6934/DI 106 6
228228 1 (2) with a controlled substance listed in schedule I or II of
229229 2 IC 35-48-2 or its metabolite, not including THC, in the person's
230230 3 blood; or
231231 4 (3) with at least five (5) nanograms per milliliter of THC in
232232 5 the person's whole blood;
233233 6 commits a Level 6 felony.
234234 7 (c) A person who commits an offense under subsection (a) or (b)
235235 8 commits a separate offense for each person or law enforcement animal
236236 9 whose death (or catastrophic injury, in the case of a person) is caused
237237 10 by the violation of subsection (a) or (b).
238238 11 (d) It is a defense under subsection (a) or (b) that the person accused
239239 12 of causing the death or catastrophic injury of another person or the
240240 13 death of a law enforcement animal when operating a vehicle with a
241241 14 controlled substance listed in schedule I or II of IC 35-48-2 or its
242242 15 metabolite in the person's blood consumed the controlled substance in
243243 16 accordance with a valid prescription or order of a practitioner (as
244244 17 defined in IC 35-48-1) who acted in the course of the practitioner's
245245 18 professional practice.
246246 19 SECTION 9. IC 9-30-6-6, AS AMENDED BY P.L.174-2021,
247247 20 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
248248 21 JULY 1, 2023]: Sec. 6. (a) A physician, a person trained in retrieving
249249 22 contraband or obtaining bodily substance samples and acting under the
250250 23 direction of or under a protocol prepared by a physician, or a licensed
251251 24 health care professional acting within the professional's scope of
252252 25 practice and under the direction of or under a protocol prepared by a
253253 26 physician, who:
254254 27 (1) obtains a blood, urine, or other bodily substance sample from
255255 28 a person, regardless of whether the sample is taken for diagnostic
256256 29 purposes or at the request of a law enforcement officer under this
257257 30 section;
258258 31 (2) performs a chemical test on blood, urine, or other bodily
259259 32 substance obtained from a person; or
260260 33 (3) searches for or retrieves contraband from the body cavity of an
261261 34 individual;
262262 35 shall deliver the sample or contraband or disclose the results of the test
263263 36 to a law enforcement officer who requests the sample, contraband, or
264264 37 results as a part of a criminal investigation. Samples, contraband, and
265265 38 test results shall be provided to a law enforcement officer even if the
266266 39 person has not consented to or otherwise authorized their release.
267267 40 (b) A physician, a licensed health care professional, a hospital, or an
268268 41 agent of a physician or hospital is not civilly or criminally liable for any
269269 42 of the following:
270270 2023 IN 1615—LS 6934/DI 106 7
271271 1 (1) Disclosing test results in accordance with this section.
272272 2 (2) Delivering contraband, or a blood, urine, or other bodily
273273 3 substance sample in accordance with this section.
274274 4 (3) Searching for or retrieving contraband or obtaining a blood,
275275 5 urine, or other bodily substance sample in accordance with this
276276 6 section.
277277 7 (4) Disclosing to the prosecuting attorney or the deputy
278278 8 prosecuting attorney for use at or testifying at the criminal trial of
279279 9 the person as to facts observed or opinions formed.
280280 10 (5) Failing to treat a person from whom contraband is retrieved or
281281 11 a blood, urine, or other bodily substance sample is obtained at the
282282 12 request of a law enforcement officer if the person declines
283283 13 treatment.
284284 14 (6) Injury to a person arising from the performance of duties in
285285 15 good faith under this section. However, immunity does not apply
286286 16 if the physician, licensed health care professional, hospital, or
287287 17 agent of a physician or hospital acts with gross negligence or
288288 18 willful or wanton misconduct.
289289 19 (c) For the purposes of a criminal proceeding:
290290 20 (1) the privileges arising from a patient-physician relationship do
291291 21 not apply to the contraband, samples, test results, or testimony
292292 22 described in this section; and
293293 23 (2) contraband, samples, test results, and testimony may be
294294 24 admitted in a proceeding in accordance with the applicable rules
295295 25 of evidence.
296296 26 (d) The exceptions to the patient-physician relationship specified in
297297 27 subsection (c) do not affect those relationships in a proceeding that is
298298 28 not a criminal proceeding.
299299 29 (e) The contraband, test results, and samples obtained by a law
300300 30 enforcement officer under subsection (a) may be disclosed only to a
301301 31 prosecuting attorney or a deputy prosecuting attorney for use as
302302 32 evidence in a criminal proceeding.
303303 33 (f) This section does not require a physician or a person under the
304304 34 direction of a physician to perform a chemical test or to retrieve
305305 35 contraband.
306306 36 (g) If the person:
307307 37 (1) from whom the contraband is to be retrieved or the bodily
308308 38 substance sample is to be obtained under this section does not
309309 39 consent; and
310310 40 (2) resists the retrieval of the contraband or the taking of a
311311 41 sample;
312312 42 the law enforcement officer may use reasonable force to assist an
313313 2023 IN 1615—LS 6934/DI 106 8
314314 1 individual, who must be authorized under this section to retrieve
315315 2 contraband or obtain a sample, in the retrieval of the contraband or the
316316 3 taking of the sample.
317317 4 (h) The person authorized under this section to retrieve contraband
318318 5 or obtain a bodily substance sample shall take the sample or retrieve
319319 6 the contraband in a medically accepted manner.
320320 7 (i) This subsection does not apply to contraband retrieved or a
321321 8 bodily substance sample taken at a licensed hospital (as defined in
322322 9 IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer
323323 10 may transport the person to a place where the contraband may be
324324 11 retrieved or the sample may be obtained by any of the following
325325 12 persons who are trained in retrieving contraband or obtaining bodily
326326 13 substance samples and who have been engaged to retrieve contraband
327327 14 or obtain samples under this section:
328328 15 (1) A physician holding an unlimited license to practice medicine
329329 16 or osteopathy.
330330 17 (2) A registered nurse.
331331 18 (3) A licensed practical nurse.
332332 19 (4) An advanced emergency medical technician (as defined in
333333 20 IC 16-18-2-6.5).
334334 21 (5) A paramedic (as defined in IC 16-18-2-266).
335335 22 (6) Except as provided in subsections (j) through (k), any other
336336 23 person qualified through training, experience, or education to
337337 24 retrieve contraband or obtain a bodily substance sample.
338338 25 (j) A law enforcement officer may not retrieve contraband or obtain
339339 26 a bodily substance sample under this section if the contraband is to be
340340 27 retrieved or the sample is to be obtained from another law enforcement
341341 28 officer as a result of the other law enforcement officer's involvement in
342342 29 an accident or alleged crime.
343343 30 (k) A law enforcement officer who is otherwise qualified to obtain
344344 31 a bodily substance sample under this section may obtain a bodily
345345 32 substance sample from a person involved in an accident or alleged
346346 33 crime who is not a law enforcement officer only if:
347347 34 (1) the officer obtained a bodily substance sample from an
348348 35 individual as part of the officer's official duties as a law
349349 36 enforcement officer; and
350350 37 (2) the:
351351 38 (A) person consents to the officer obtaining a bodily substance
352352 39 sample; or
353353 40 (B) obtaining of the bodily substance sample is authorized by
354354 41 a search warrant.
355355 42 (l) A physician or a person trained in obtaining bodily samples who
356356 2023 IN 1615—LS 6934/DI 106 9
357357 1 is acting under the direction of or under a protocol prepared by a
358358 2 physician shall obtain a blood sample if the following conditions are
359359 3 satisfied:
360360 4 (1) A law enforcement officer requests that the sample be
361361 5 obtained.
362362 6 (2) The law enforcement officer has certified in writing the
363363 7 following:
364364 8 (A) That the officer has probable cause to believe the person
365365 9 from whom the sample is to be obtained has violated
366366 10 IC 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2),
367367 11 IC 35-46-9-6(c)(2), or IC 35-46-9-6(c). IC 35-46-9-6(d).
368368 12 (B) That the offense resulting in a criminal investigation
369369 13 described in subsection (a) occurred not more than three (3)
370370 14 hours before the time the sample is requested.
371371 15 (C) That exigent circumstances exist that create pressing
372372 16 health, safety, or law enforcement needs that would take
373373 17 priority over a warrant application.
374374 18 (3) Not more than the use of reasonable force is necessary to
375375 19 obtain the sample.
376376 20 SECTION 10. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
377377 21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
378378 22 JULY 1, 2023]: Sec. 3. As used in this chapter, "drug dealing offense"
379379 23 means one (1) or more of the following offenses:
380380 24 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
381381 25 the person received only minimal consideration as a result of the
382382 26 drug transaction.
383383 27 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
384384 28 person received only minimal consideration as a result of the drug
385385 29 transaction.
386386 30 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
387387 31 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
388388 32 only minimal consideration as a result of the drug transaction.
389389 33 (4) Dealing in marijuana (before July 1, 2023), hash oil, hashish,
390390 34 salvia, or a synthetic cannabinoid (IC 35-48-4-10), unless the
391391 35 person received only minimal consideration as a result of the drug
392392 36 transaction.
393393 37 SECTION 11. IC 15-16-7-8 IS REPEALED [EFFECTIVE JULY 1,
394394 38 2023]. Sec. 8. In addition to the weed control board's powers and duties
395395 39 under section 7 of this chapter, the weed control board may establish
396396 40 a marijuana eradication program to eliminate and destroy wild
397397 41 marijuana plants within the county. The program is funded by amounts
398398 42 appropriated by the county:
399399 2023 IN 1615—LS 6934/DI 106 10
400400 1 (1) under IC 33-37-8; and
401401 2 (2) from the county general fund.
402402 3 SECTION 12. IC 16-19-3-33 IS ADDED TO THE INDIANA
403403 4 CODE AS A NEW SECTION TO READ AS FOLLOWS
404404 5 [EFFECTIVE JULY 1, 2023]: Sec. 33. (a) The state department shall
405405 6 establish a medical cannabis identification card program to issue
406406 7 a photo identification card to:
407407 8 (1) the patient of a physician if the physician has
408408 9 recommended that the patient use cannabis to address a
409409 10 medical condition; or
410410 11 (2) the caregiver of a patient described in subdivision (1).
411411 12 (b) The state department shall adopt rules to implement this
412412 13 section.
413413 14 SECTION 13. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
414414 15 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
415415 16 JULY 1, 2023]: Sec. 14. (a) A person holding a certificate or license
416416 17 issued under this article must comply with the applicable standards and
417417 18 rules established under this article. A certificate holder or license
418418 19 holder is subject to disciplinary sanctions under subsection (b) if the
419419 20 department of homeland security determines that the certificate holder
420420 21 or license holder:
421421 22 (1) engaged in or knowingly cooperated in fraud or material
422422 23 deception in order to obtain a certificate or license, including
423423 24 cheating on a certification or licensure examination;
424424 25 (2) engaged in fraud or material deception in the course of
425425 26 professional services or activities;
426426 27 (3) advertised services or goods in a false or misleading manner;
427427 28 (4) falsified or knowingly allowed another person to falsify
428428 29 attendance records or certificates of completion of continuing
429429 30 education courses required under this article or rules adopted
430430 31 under this article;
431431 32 (5) is convicted of a crime, if the act that resulted in the
432432 33 conviction has a direct bearing on determining if the certificate
433433 34 holder or license holder should be entrusted to provide emergency
434434 35 medical services;
435435 36 (6) is convicted of violating IC 9-19-14.5;
436436 37 (7) fails to comply and maintain compliance with or violates any
437437 38 applicable provision, standard, or other requirement of this article
438438 39 or rules adopted under this article;
439439 40 (8) continues to practice if the certificate holder or license holder
440440 41 becomes unfit to practice due to:
441441 42 (A) professional incompetence that includes the undertaking
442442 2023 IN 1615—LS 6934/DI 106 11
443443 1 of professional activities that the certificate holder or license
444444 2 holder is not qualified by training or experience to undertake;
445445 3 (B) failure to keep abreast of current professional theory or
446446 4 practice;
447447 5 (C) physical or mental disability; or
448448 6 (D) addiction to, abuse of, or dependency on alcohol or other
449449 7 drugs that endanger the public by impairing the certificate
450450 8 holder's or license holder's ability to practice safely;
451451 9 (9) engages in a course of lewd or immoral conduct in connection
452452 10 with the delivery of services to the public;
453453 11 (10) allows the certificate holder's or license holder's name or a
454454 12 certificate or license issued under this article to be used in
455455 13 connection with a person who renders services beyond the scope
456456 14 of that person's training, experience, or competence;
457457 15 (11) is subjected to disciplinary action in another state or
458458 16 jurisdiction on grounds similar to those contained in this chapter.
459459 17 For purposes of this subdivision, a certified copy of a record of
460460 18 disciplinary action constitutes prima facie evidence of a
461461 19 disciplinary action in another jurisdiction;
462462 20 (12) assists another person in committing an act that would
463463 21 constitute a ground for disciplinary sanction under this chapter;
464464 22 (13) allows a certificate or license issued by the commission to
465465 23 be:
466466 24 (A) used by another person; or
467467 25 (B) displayed to the public when the certificate or license is
468468 26 expired, inactive, invalid, revoked, or suspended; or
469469 27 (14) fails to notify the department in writing of any misdemeanor
470470 28 or felony criminal conviction, except traffic related misdemeanors
471471 29 other than operating a motor vehicle under the influence of a drug
472472 30 or alcohol, within ninety (90) days after the entry of an order or
473473 31 judgment. A certified copy of the order or judgment with a letter
474474 32 of explanation must be submitted to the department along with the
475475 33 written notice.
476476 34 (b) The department of homeland security may issue an order under
477477 35 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
478478 36 the department of homeland security determines that a certificate
479479 37 holder or license holder is subject to disciplinary sanctions under
480480 38 subsection (a):
481481 39 (1) Revocation of a certificate holder's certificate or license
482482 40 holder's license for a period not to exceed seven (7) years.
483483 41 (2) Suspension of a certificate holder's certificate or license
484484 42 holder's license for a period not to exceed seven (7) years.
485485 2023 IN 1615—LS 6934/DI 106 12
486486 1 (3) Censure of a certificate holder or license holder.
487487 2 (4) Issuance of a letter of reprimand.
488488 3 (5) Assessment of a civil penalty against the certificate holder or
489489 4 license holder in accordance with the following:
490490 5 (A) The civil penalty may not exceed five hundred dollars
491491 6 ($500) per day per violation.
492492 7 (B) If the certificate holder or license holder fails to pay the
493493 8 civil penalty within the time specified by the department of
494494 9 homeland security, the department of homeland security may
495495 10 suspend the certificate holder's certificate or license holder's
496496 11 license without additional proceedings.
497497 12 (6) Placement of a certificate holder or license holder on
498498 13 probation status and requirement of the certificate holder or
499499 14 license holder to:
500500 15 (A) report regularly to the department of homeland security
501501 16 upon the matters that are the basis of probation;
502502 17 (B) limit practice to those areas prescribed by the department
503503 18 of homeland security;
504504 19 (C) continue or renew professional education approved by the
505505 20 department of homeland security until a satisfactory degree of
506506 21 skill has been attained in those areas that are the basis of the
507507 22 probation; or
508508 23 (D) perform or refrain from performing any acts, including
509509 24 community restitution or service without compensation, that
510510 25 the department of homeland security considers appropriate to
511511 26 the public interest or to the rehabilitation or treatment of the
512512 27 certificate holder or license holder.
513513 28 The department of homeland security may withdraw or modify
514514 29 this probation if the department of homeland security finds after
515515 30 a hearing that the deficiency that required disciplinary action is
516516 31 remedied or that changed circumstances warrant a modification
517517 32 of the order.
518518 33 (c) If an applicant or a certificate holder or license holder has
519519 34 engaged in or knowingly cooperated in fraud or material deception to
520520 35 obtain a certificate or license, including cheating on the certification or
521521 36 licensure examination, the department of homeland security may
522522 37 rescind the certificate or license if it has been granted, void the
523523 38 examination or other fraudulent or deceptive material, and prohibit the
524524 39 applicant from reapplying for the certificate or license for a length of
525525 40 time established by the department of homeland security.
526526 41 (d) The department of homeland security may deny certification or
527527 42 licensure to an applicant who would be subject to disciplinary sanctions
528528 2023 IN 1615—LS 6934/DI 106 13
529529 1 under subsection (b) if that person were a certificate holder or license
530530 2 holder, has had disciplinary action taken against the applicant or the
531531 3 applicant's certificate or license to practice in another state or
532532 4 jurisdiction, or has practiced without a certificate or license in violation
533533 5 of the law. A certified copy of the record of disciplinary action is
534534 6 conclusive evidence of the other jurisdiction's disciplinary action.
535535 7 (e) The department of homeland security may order a certificate
536536 8 holder or license holder to submit to a reasonable physical or mental
537537 9 examination if the certificate holder's or license holder's physical or
538538 10 mental capacity to practice safely and competently is at issue in a
539539 11 disciplinary proceeding. Failure to comply with a department of
540540 12 homeland security order to submit to a physical or mental examination
541541 13 makes a certificate holder or license holder liable to temporary
542542 14 suspension under subsection (i).
543543 15 (f) Except as provided under subsection (a), subsection (g), and
544544 16 section 14.5 of this chapter, a certificate or license may not be denied,
545545 17 revoked, or suspended because the applicant, certificate holder, or
546546 18 license holder has been convicted of an offense. The acts from which
547547 19 the applicant's, certificate holder's, or license holder's conviction
548548 20 resulted may be considered as to whether the applicant or certificate
549549 21 holder or license holder should be entrusted to serve the public in a
550550 22 specific capacity.
551551 23 (g) The department of homeland security may deny, suspend, or
552552 24 revoke a certificate or license issued under this article if the individual
553553 25 who holds or is applying for the certificate or license is convicted of
554554 26 any of the following:
555555 27 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
556556 28 (2) Possession of methamphetamine under IC 35-48-4-6.1.
557557 29 (3) Possession of a controlled substance under IC 35-48-4-7(a).
558558 30 (4) Fraudulently obtaining a controlled substance under
559559 31 IC 35-48-4-7(c).
560560 32 (5) Manufacture of paraphernalia as a Class D felony (for a crime
561561 33 committed before July 1, 2014) or Level 6 felony (for a crime
562562 34 committed after June 30, 2014) under IC 35-48-4-8.1(b).
563563 35 (6) Dealing in paraphernalia as a Class D felony (for a crime
564564 36 committed before July 1, 2014) or Level 6 felony (for a crime
565565 37 committed after June 30, 2014) under IC 35-48-4-8.5(b).
566566 38 (7) Possession of paraphernalia as a Class D felony (for a crime
567567 39 committed before July 1, 2014) or Level 6 felony (for a crime
568568 40 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
569569 41 its amendment on July 1, 2015).
570570 42 (8) Possession of marijuana (before July 1, 2023), hash oil,
571571 2023 IN 1615—LS 6934/DI 106 14
572572 1 hashish, or salvia as a Class D felony (for a crime committed
573573 2 before July 1, 2014) or Level 6 felony (for a crime committed
574574 3 after June 30, 2014) under IC 35-48-4-11.
575575 4 (9) A felony offense under IC 35-48-4 involving:
576576 5 (A) possession of a synthetic drug (as defined in
577577 6 IC 35-31.5-2-321);
578578 7 (B) possession of a synthetic drug lookalike substance (as
579579 8 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
580580 9 2019)) as a:
581581 10 (i) Class D felony (for a crime committed before July 1,
582582 11 2014); or
583583 12 (ii) Level 6 felony (for a crime committed after June 30,
584584 13 2014);
585585 14 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
586586 15 (C) possession of a controlled substance analog (as defined in
587587 16 IC 35-48-1-9.3).
588588 17 (10) Maintaining a common nuisance under IC 35-48-4-13
589589 18 (repealed) or IC 35-45-1-5, if the common nuisance involves a
590590 19 controlled substance.
591591 20 (11) An offense relating to registration, labeling, and prescription
592592 21 forms under IC 35-48-4-14.
593593 22 (h) A decision of the department of homeland security under
594594 23 subsections (b) through (g) may be appealed to the commission under
595595 24 IC 4-21.5-3-7.
596596 25 (i) The department of homeland security may temporarily suspend
597597 26 a certificate holder's certificate or license holder's license under
598598 27 IC 4-21.5-4 before a final adjudication or during the appeals process if
599599 28 the department of homeland security finds that a certificate holder or
600600 29 license holder would represent a clear and immediate danger to the
601601 30 public's health, safety, or property if the certificate holder or license
602602 31 holder were allowed to continue to practice.
603603 32 (j) On receipt of a complaint or information alleging that a person
604604 33 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
605605 34 or is engaging in a practice that is subject to disciplinary sanctions
606606 35 under this chapter, the department of homeland security must initiate
607607 36 an investigation against the person.
608608 37 (k) The department of homeland security shall conduct a factfinding
609609 38 investigation as the department of homeland security considers proper
610610 39 in relation to the complaint.
611611 40 (l) The department of homeland security may reinstate a certificate
612612 41 or license that has been suspended under this section if the department
613613 42 of homeland security is satisfied that the applicant is able to practice
614614 2023 IN 1615—LS 6934/DI 106 15
615615 1 with reasonable skill, competency, and safety to the public. As a
616616 2 condition of reinstatement, the department of homeland security may
617617 3 impose disciplinary or corrective measures authorized under this
618618 4 chapter.
619619 5 (m) The department of homeland security may not reinstate a
620620 6 certificate or license that has been revoked under this chapter.
621621 7 (n) The department of homeland security must be consistent in the
622622 8 application of sanctions authorized in this chapter. Significant
623623 9 departures from prior decisions involving similar conduct must be
624624 10 explained in the department of homeland security's findings or orders.
625625 11 (o) A certificate holder may not surrender the certificate holder's
626626 12 certificate, and a license holder may not surrender the license holder's
627627 13 license, without the written approval of the department of homeland
628628 14 security, and the department of homeland security may impose any
629629 15 conditions appropriate to the surrender or reinstatement of a
630630 16 surrendered certificate or license.
631631 17 (p) For purposes of this section, "certificate holder" means a person
632632 18 who holds:
633633 19 (1) an unlimited certificate;
634634 20 (2) a limited or probationary certificate; or
635635 21 (3) an inactive certificate.
636636 22 (q) For purposes of this section, "license holder" means a person
637637 23 who holds:
638638 24 (1) an unlimited license;
639639 25 (2) a limited or probationary license; or
640640 26 (3) an inactive license.
641641 27 SECTION 14. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
642642 28 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
643643 29 JULY 1, 2023]: Sec. 14.5. The department of homeland security may
644644 30 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
645645 31 certification or licensure or permanently revoke a certificate or license
646646 32 under procedures provided by section 14 of this chapter if the
647647 33 individual who holds the certificate or license issued under this title is
648648 34 convicted of any of the following:
649649 35 (1) Dealing in a controlled substance resulting in death under
650650 36 IC 35-42-1-1.5.
651651 37 (2) Dealing in or manufacturing cocaine or a narcotic drug under
652652 38 IC 35-48-4-1.
653653 39 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
654654 40 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
655655 41 (5) Dealing in a schedule I, II, or III controlled substance under
656656 42 IC 35-48-4-2.
657657 2023 IN 1615—LS 6934/DI 106 16
658658 1 (6) Dealing in a schedule IV controlled substance under
659659 2 IC 35-48-4-3.
660660 3 (7) Dealing in a schedule V controlled substance under
661661 4 IC 35-48-4-4.
662662 5 (8) Dealing in a substance represented to be a controlled
663663 6 substance under IC 35-48-4-4.5 (repealed).
664664 7 (9) Knowingly or intentionally manufacturing, advertising,
665665 8 distributing, or possessing with intent to manufacture, advertise,
666666 9 or distribute a substance represented to be a controlled substance
667667 10 under IC 35-48-4-4.6.
668668 11 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
669669 12 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
670670 13 under IC 35-48-4-10.
671671 14 (12) An offense under IC 35-48-4 involving the manufacture or
672672 15 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
673673 16 synthetic drug lookalike substance (as defined in
674674 17 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
675675 18 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
676676 19 substance analog (as defined in IC 35-48-1-9.3), or a substance
677677 20 represented to be a controlled substance (as described in
678678 21 IC 35-48-4-4.6).
679679 22 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
680680 23 SECTION 15. IC 16-42-27-2, AS AMENDED BY P.L.80-2019,
681681 24 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
682682 25 JULY 1, 2023]: Sec. 2. (a) A prescriber may, directly or by standing
683683 26 order, prescribe or dispense an overdose intervention drug without
684684 27 examining the individual to whom it may be administered if all of the
685685 28 following conditions are met:
686686 29 (1) The overdose intervention drug is dispensed or prescribed to:
687687 30 (A) a person at risk of experiencing an opioid-related
688688 31 overdose; or
689689 32 (B) a family member, a friend, or any other individual or entity
690690 33 in a position to assist an individual who, there is reason to
691691 34 believe, is at risk of experiencing an opioid-related overdose.
692692 35 (2) The prescriber instructs the individual receiving the overdose
693693 36 intervention drug or prescription to summon emergency services
694694 37 either immediately before or immediately after administering the
695695 38 overdose intervention drug to an individual experiencing an
696696 39 opioid-related overdose.
697697 40 (3) The prescriber provides education and training on drug
698698 41 overdose response and treatment, including the administration of
699699 42 an overdose intervention drug.
700700 2023 IN 1615—LS 6934/DI 106 17
701701 1 (4) The prescriber provides drug addiction treatment information
702702 2 and referrals to drug treatment programs, including programs in
703703 3 the local area and programs that offer medication assisted
704704 4 treatment that includes a federal Food and Drug Administration
705705 5 approved long acting, nonaddictive medication for the treatment
706706 6 of opioid or alcohol dependence.
707707 7 (b) A prescriber may provide a prescription of an overdose
708708 8 intervention drug to an individual as a part of the individual's addiction
709709 9 treatment plan.
710710 10 (c) An individual described in subsection (a)(1) may administer an
711711 11 overdose intervention drug to an individual who is suffering from an
712712 12 overdose.
713713 13 (d) An individual described in subsection (a)(1) may not be
714714 14 considered to be practicing medicine without a license in violation of
715715 15 IC 25-22.5-8-2, if the individual, acting in good faith, does the
716716 16 following:
717717 17 (1) Obtains the overdose intervention drug from a prescriber or
718718 18 entity acting under a standing order issued by a prescriber.
719719 19 (2) Administers the overdose intervention drug to an individual
720720 20 who is experiencing an apparent opioid-related overdose.
721721 21 (3) Attempts to summon emergency services either immediately
722722 22 before or immediately after administering the overdose
723723 23 intervention drug.
724724 24 (e) An entity acting under a standing order issued by a prescriber
725725 25 must do the following:
726726 26 (1) Annually register with either the:
727727 27 (A) state department; or
728728 28 (B) local health department in the county where services will
729729 29 be provided by the entity;
730730 30 in a manner prescribed by the state department.
731731 31 (2) Provide education and training on drug overdose response and
732732 32 treatment, including the administration of an overdose
733733 33 intervention drug.
734734 34 (3) Provide drug addiction treatment information and referrals to
735735 35 drug treatment programs, including programs in the local area and
736736 36 programs that offer medication assisted treatment that includes a
737737 37 federal Food and Drug Administration approved long acting,
738738 38 nonaddictive medication for the treatment of opioid or alcohol
739739 39 dependence.
740740 40 (4) Submit an annual report to the state department containing:
741741 41 (A) the number of sales of the overdose intervention drug
742742 42 dispensed;
743743 2023 IN 1615—LS 6934/DI 106 18
744744 1 (B) the dates of sale of the overdose intervention drug
745745 2 dispensed; and
746746 3 (C) any additional information requested by the state
747747 4 department.
748748 5 (f) The state department shall ensure that a statewide standing order
749749 6 for the dispensing of an overdose intervention drug in Indiana is issued
750750 7 under this section. The state health commissioner or a designated
751751 8 public health authority who is a licensed prescriber may, as part of the
752752 9 individual's official capacity, issue a statewide standing order that may
753753 10 be used for the dispensing of an overdose intervention drug under this
754754 11 section. The immunity provided in IC 34-13-3-3 applies to an
755755 12 individual described in this subsection.
756756 13 (g) A law enforcement officer may not take an individual into
757757 14 custody based solely on the commission of an offense described in
758758 15 subsection (h), if the law enforcement officer, after making a
759759 16 reasonable determination and considering the facts and surrounding
760760 17 circumstances, reasonably believes that the individual:
761761 18 (1) obtained the overdose intervention drug as described in
762762 19 subsection (a)(1);
763763 20 (2) complied with the provisions in subsection (d);
764764 21 (3) administered an overdose intervention drug to an individual
765765 22 who appeared to be experiencing an opioid-related overdose;
766766 23 (4) provided:
767767 24 (A) the individual's full name; and
768768 25 (B) any other relevant information requested by the law
769769 26 enforcement officer;
770770 27 (5) remained at the scene with the individual who reasonably
771771 28 appeared to be in need of medical assistance until emergency
772772 29 medical assistance arrived;
773773 30 (6) cooperated with emergency medical assistance personnel and
774774 31 law enforcement officers at the scene; and
775775 32 (7) came into contact with law enforcement because the
776776 33 individual requested emergency medical assistance for another
777777 34 individual who appeared to be experiencing an opioid-related
778778 35 overdose.
779779 36 (h) An individual who meets the criteria in subsection (g) is immune
780780 37 from criminal prosecution for the following:
781781 38 (1) IC 35-48-4-6 (possession of cocaine).
782782 39 (2) IC 35-48-4-6.1 (possession of methamphetamine).
783783 40 (3) IC 35-48-4-7 (possession of a controlled substance).
784784 41 (4) IC 35-48-4-8.3 (possession of paraphernalia).
785785 42 (5) IC 35-48-4-11 (possession of marijuana (before July 1, 2023)
786786 2023 IN 1615—LS 6934/DI 106 19
787787 1 or possession of hashish, hash oil, or salvia).
788788 2 (6) An offense under IC 35-48-4 involving possession of a
789789 3 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
790790 4 controlled substance analog (as defined in IC 35-48-1-9.3), or
791791 5 possession of a substance represented to be a controlled substance
792792 6 (as described in IC 35-48-4-4.6).
793793 7 SECTION 16. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
794794 8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
795795 9 JULY 1, 2023]: Sec. 8. (a) This section applies when a prosecuting
796796 10 attorney knows that a licensed employee of a public school or a
797797 11 nonpublic school has been convicted of an offense listed in subsection
798798 12 (c). The prosecuting attorney shall immediately give written notice of
799799 13 the conviction to the following:
800800 14 (1) The secretary of education.
801801 15 (2) Except as provided in subdivision (3), the superintendent of
802802 16 the school corporation that employs the licensed employee or the
803803 17 equivalent authority if a nonpublic school employs the licensed
804804 18 employee.
805805 19 (3) The presiding officer of the governing body of the school
806806 20 corporation that employs the licensed employee, if the convicted
807807 21 licensed employee is the superintendent of the school corporation.
808808 22 (b) The superintendent of a school corporation, presiding officer of
809809 23 the governing body, or equivalent authority for a nonpublic school shall
810810 24 immediately notify the secretary of education when the individual
811811 25 knows that a current or former licensed employee of the public school
812812 26 or nonpublic school has been convicted of an offense listed in
813813 27 subsection (c), or when the governing body or equivalent authority for
814814 28 a nonpublic school takes any final action in relation to an employee
815815 29 who engaged in any offense listed in subsection (c).
816816 30 (c) Except as provided in section 8.5 of this chapter, the department
817817 31 shall permanently revoke the license of a person who is known by the
818818 32 department to have been convicted of any of the following:
819819 33 (1) The following felonies:
820820 34 (A) A sex crime under IC 35-42-4 (including criminal deviate
821821 35 conduct (IC 35-42-4-2) (before its repeal)).
822822 36 (B) Kidnapping (IC 35-42-3-2).
823823 37 (C) Criminal confinement (IC 35-42-3-3).
824824 38 (D) Incest (IC 35-46-1-3).
825825 39 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
826826 40 35-48-4-1).
827827 41 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
828828 42 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
829829 2023 IN 1615—LS 6934/DI 106 20
830830 1 (H) Dealing in a schedule I, II, or III controlled substance (IC
831831 2 35-48-4-2).
832832 3 (I) Dealing in a schedule IV controlled substance (IC
833833 4 35-48-4-3).
834834 5 (J) Dealing in a schedule V controlled substance (IC
835835 6 35-48-4-4).
836836 7 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
837837 8 (L) Dealing in marijuana, hash oil, hashish, or salvia as a
838838 9 felony (IC 35-48-4-10).
839839 10 (M) An offense under IC 35-48-4 involving the manufacture
840840 11 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
841841 12 synthetic drug lookalike substance (as defined in
842842 13 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
843843 14 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
844844 15 controlled substance analog (as defined in IC 35-48-1-9.3), or
845845 16 a substance represented to be a controlled substance (as
846846 17 described in IC 35-48-4-4.6).
847847 18 (N) Homicide (IC 35-42-1).
848848 19 (O) Voluntary manslaughter (IC 35-42-1-3).
849849 20 (P) Reckless homicide (IC 35-42-1-5).
850850 21 (Q) Battery as any of the following:
851851 22 (i) A Class A felony (for a crime committed before July 1,
852852 23 2014) or a Level 2 felony (for a crime committed after June
853853 24 30, 2014).
854854 25 (ii) A Class B felony (for a crime committed before July 1,
855855 26 2014) or a Level 3 felony (for a crime committed after June
856856 27 30, 2014).
857857 28 (iii) A Class C felony (for a crime committed before July 1,
858858 29 2014) or a Level 5 felony (for a crime committed after June
859859 30 30, 2014).
860860 31 (R) Aggravated battery (IC 35-42-2-1.5).
861861 32 (S) Robbery (IC 35-42-5-1).
862862 33 (T) Carjacking (IC 35-42-5-2) (before its repeal).
863863 34 (U) Arson as a Class A felony or Class B felony (for a crime
864864 35 committed before July 1, 2014) or as a Level 2, Level 3, or
865865 36 Level 4 felony (for a crime committed after June 30, 2014) (IC
866866 37 35-43-1-1(a)).
867867 38 (V) Burglary as a Class A felony or Class B felony (for a crime
868868 39 committed before July 1, 2014) or as a Level 1, Level 2, Level
869869 40 3, or Level 4 felony (for a crime committed after June 30,
870870 41 2014) (IC 35-43-2-1).
871871 42 (W) Human trafficking (IC 35-42-3.5).
872872 2023 IN 1615—LS 6934/DI 106 21
873873 1 (X) Dealing in a controlled substance resulting in death (IC
874874 2 35-42-1-1.5).
875875 3 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
876876 4 this subsection.
877877 5 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
878878 6 in this subsection.
879879 7 (2) Public indecency (IC 35-45-4-1) committed:
880880 8 (A) after June 30, 2003; or
881881 9 (B) before July 1, 2003, if the person committed the offense
882882 10 by, in a public place:
883883 11 (i) engaging in sexual intercourse or other sexual conduct
884884 12 (as defined in IC 35-31.5-2-221.5);
885885 13 (ii) appearing in a state of nudity with the intent to arouse
886886 14 the sexual desires of the person or another person, or being
887887 15 at least eighteen (18) years of age, with the intent to be seen
888888 16 by a child less than sixteen (16) years of age; or
889889 17 (iii) fondling the person's genitals or the genitals of another
890890 18 person.
891891 19 (d) The department shall permanently revoke the license of a person
892892 20 who is known by the department to have been convicted of a federal
893893 21 offense or an offense in another state that is comparable to a felony or
894894 22 misdemeanor listed in subsection (c).
895895 23 (e) A license may be suspended by the secretary of education as
896896 24 specified in IC 20-28-7.5.
897897 25 (f) The department shall develop a data base of information on
898898 26 school corporation employees who have been reported to the
899899 27 department under this section.
900900 28 (g) Upon receipt of information from the office of judicial
901901 29 administration in accordance with IC 33-24-6-3 concerning persons
902902 30 convicted of an offense listed in subsection (c), the department shall:
903903 31 (1) cross check the information received from the office of
904904 32 judicial administration with information concerning licensed
905905 33 teachers (as defined in IC 20-18-2-22(b)) maintained by the
906906 34 department; and
907907 35 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
908908 36 convicted of an offense described in subsection (c), revoke the
909909 37 licensed teacher's license.
910910 38 SECTION 17. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
911911 39 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
912912 40 JULY 1, 2023]: Sec. 16. (a) A practitioner shall comply with the
913913 41 standards established under this licensing program. A practitioner is
914914 42 subject to the exercise of the disciplinary sanctions under subsection
915915 2023 IN 1615—LS 6934/DI 106 22
916916 1 (b) if the department finds that a practitioner has:
917917 2 (1) engaged in or knowingly cooperated in fraud or material
918918 3 deception in order to obtain a license to practice, including
919919 4 cheating on a licensing examination;
920920 5 (2) engaged in fraud or material deception in the course of
921921 6 professional services or activities;
922922 7 (3) advertised services or goods in a false or misleading manner;
923923 8 (4) falsified or knowingly allowed another person to falsify
924924 9 attendance records or certificates of completion of continuing
925925 10 education courses provided under this chapter;
926926 11 (5) been convicted of a crime that has a direct bearing on the
927927 12 practitioner's ability to continue to practice competently;
928928 13 (6) knowingly violated a state statute or rule or federal statute or
929929 14 regulation regulating the profession for which the practitioner is
930930 15 licensed;
931931 16 (7) continued to practice although the practitioner has become
932932 17 unfit to practice due to:
933933 18 (A) professional incompetence;
934934 19 (B) failure to keep abreast of current professional theory or
935935 20 practice;
936936 21 (C) physical or mental disability; or
937937 22 (D) addiction to, abuse of, or severe dependency on alcohol or
938938 23 other drugs that endanger the public by impairing a
939939 24 practitioner's ability to practice safely;
940940 25 (8) engaged in a course of lewd or immoral conduct in connection
941941 26 with the delivery of services to the public;
942942 27 (9) allowed the practitioner's name or a license issued under this
943943 28 chapter to be used in connection with an individual or business
944944 29 who renders services beyond the scope of that individual's or
945945 30 business's training, experience, or competence;
946946 31 (10) had disciplinary action taken against the practitioner or the
947947 32 practitioner's license to practice in another state or jurisdiction on
948948 33 grounds similar to those under this chapter;
949949 34 (11) assisted another person in committing an act that would
950950 35 constitute a ground for disciplinary sanction under this chapter;
951951 36 or
952952 37 (12) allowed a license issued by the department to be:
953953 38 (A) used by another person; or
954954 39 (B) displayed to the public when the license has expired, is
955955 40 inactive, is invalid, or has been revoked or suspended.
956956 41 For purposes of subdivision (10), a certified copy of a record of
957957 42 disciplinary action constitutes prima facie evidence of a disciplinary
958958 2023 IN 1615—LS 6934/DI 106 23
959959 1 action in another jurisdiction.
960960 2 (b) The department may impose one (1) or more of the following
961961 3 sanctions if the department finds that a practitioner is subject to
962962 4 disciplinary sanctions under subsection (a):
963963 5 (1) Permanent revocation of a practitioner's license.
964964 6 (2) Suspension of a practitioner's license.
965965 7 (3) Censure of a practitioner.
966966 8 (4) Issuance of a letter of reprimand.
967967 9 (5) Assessment of a civil penalty against the practitioner in
968968 10 accordance with the following:
969969 11 (A) The civil penalty may not be more than one thousand
970970 12 dollars ($1,000) for each violation listed in subsection (a),
971971 13 except for a finding of incompetency due to a physical or
972972 14 mental disability.
973973 15 (B) When imposing a civil penalty, the department shall
974974 16 consider a practitioner's ability to pay the amount assessed. If
975975 17 the practitioner fails to pay the civil penalty within the time
976976 18 specified by the department, the department may suspend the
977977 19 practitioner's license without additional proceedings. However,
978978 20 a suspension may not be imposed if the sole basis for the
979979 21 suspension is the practitioner's inability to pay a civil penalty.
980980 22 (6) Placement of a practitioner on probation status and
981981 23 requirement of the practitioner to:
982982 24 (A) report regularly to the department upon the matters that
983983 25 are the basis of probation;
984984 26 (B) limit practice to those areas prescribed by the department;
985985 27 (C) continue or renew professional education approved by the
986986 28 department until a satisfactory degree of skill has been attained
987987 29 in those areas that are the basis of the probation; or
988988 30 (D) perform or refrain from performing any acts, including
989989 31 community restitution or service without compensation, that
990990 32 the department considers appropriate to the public interest or
991991 33 to the rehabilitation or treatment of the practitioner.
992992 34 The department may withdraw or modify this probation if the
993993 35 department finds after a hearing that the deficiency that required
994994 36 disciplinary action has been remedied or that changed
995995 37 circumstances warrant a modification of the order.
996996 38 (c) If an applicant or a practitioner has engaged in or knowingly
997997 39 cooperated in fraud or material deception to obtain a license to
998998 40 practice, including cheating on the licensing examination, the
999999 41 department may rescind the license if it has been granted, void the
10001000 42 examination or other fraudulent or deceptive material, and prohibit the
10011001 2023 IN 1615—LS 6934/DI 106 24
10021002 1 applicant from reapplying for the license for a length of time
10031003 2 established by the department.
10041004 3 (d) The department may deny licensure to an applicant who has had
10051005 4 disciplinary action taken against the applicant or the applicant's license
10061006 5 to practice in another state or jurisdiction or who has practiced without
10071007 6 a license in violation of the law. A certified copy of the record of
10081008 7 disciplinary action is conclusive evidence of the other jurisdiction's
10091009 8 disciplinary action.
10101010 9 (e) The department may order a practitioner to submit to a
10111011 10 reasonable physical or mental examination if the practitioner's physical
10121012 11 or mental capacity to practice safely and competently is at issue in a
10131013 12 disciplinary proceeding. Failure to comply with a department order to
10141014 13 submit to a physical or mental examination makes a practitioner liable
10151015 14 to temporary suspension under subsection (j).
10161016 15 (f) Except as provided under subsection (g) or (h), a license may not
10171017 16 be denied, revoked, or suspended because the applicant or holder has
10181018 17 been convicted of an offense. The acts from which the applicant's or
10191019 18 holder's conviction resulted may, however, be considered as to whether
10201020 19 the applicant or holder should be entrusted to serve the public in a
10211021 20 specific capacity.
10221022 21 (g) The department may deny, suspend, or revoke a license issued
10231023 22 under this chapter if the individual who holds the license is convicted
10241024 23 of any of the following:
10251025 24 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
10261026 25 (2) Possession of methamphetamine under IC 35-48-4-6.1.
10271027 26 (3) Possession of a controlled substance under IC 35-48-4-7(a).
10281028 27 (4) Fraudulently obtaining a controlled substance under
10291029 28 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
10301030 29 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
10311031 30 (5) Manufacture of paraphernalia as a Class D felony (for a crime
10321032 31 committed before July 1, 2014) or a Level 6 felony (for a crime
10331033 32 committed after June 30, 2014) under IC 35-48-4-8.1(b).
10341034 33 (6) Dealing in paraphernalia as a Class D felony (for a crime
10351035 34 committed before July 1, 2014) or a Level 6 felony (for a crime
10361036 35 committed after June 30, 2014) under IC 35-48-4-8.5(b).
10371037 36 (7) Possession of paraphernalia as a Class D felony (for a crime
10381038 37 committed before July 1, 2014) or a Level 6 felony (for a crime
10391039 38 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
10401040 39 its amendment on July 1, 2015).
10411041 40 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
10421042 41 D felony (for a crime committed before July 1, 2014) or a Level
10431043 42 6 felony (for a crime committed after June 30, 2014) under
10441044 2023 IN 1615—LS 6934/DI 106 25
10451045 1 IC 35-48-4-11.
10461046 2 (9) A felony offense under IC 35-48-4 involving possession of a
10471047 3 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
10481048 4 controlled substance analog (as defined in IC 35-48-1-9.3), or
10491049 5 possession of a synthetic drug lookalike substance (as defined in
10501050 6 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
10511051 7 (A) Class D felony for a crime committed before July 1, 2014;
10521052 8 or
10531053 9 (B) Level 6 felony for a crime committed after June 30, 2014;
10541054 10 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
10551055 11 (10) Maintaining a common nuisance under IC 35-48-4-13
10561056 12 (repealed) or IC 35-45-1-5, if the common nuisance involves a
10571057 13 controlled substance.
10581058 14 (11) An offense relating to registration, labeling, and prescription
10591059 15 forms under IC 35-48-4-14.
10601060 16 (h) The department shall deny, revoke, or suspend a license issued
10611061 17 under this chapter if the individual who holds the license is convicted
10621062 18 of any of the following:
10631063 19 (1) Dealing in a controlled substance resulting in death under
10641064 20 IC 35-42-1-1.5.
10651065 21 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
10661066 22 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
10671067 23 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
10681068 24 (5) Dealing in a schedule I, II, or III controlled substance under
10691069 25 IC 35-48-4-2.
10701070 26 (6) Dealing in a schedule IV controlled substance under
10711071 27 IC 35-48-4-3.
10721072 28 (7) Dealing in a schedule V controlled substance under
10731073 29 IC 35-48-4-4.
10741074 30 (8) Dealing in a substance represented to be a controlled
10751075 31 substance under IC 35-48-4-4.5 (repealed).
10761076 32 (9) Knowingly or intentionally manufacturing, advertising,
10771077 33 distributing, or possessing with intent to manufacture, advertise,
10781078 34 or distribute a substance represented to be a controlled substance
10791079 35 under IC 35-48-4-4.6.
10801080 36 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
10811081 37 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
10821082 38 under IC 35-48-4-10.
10831083 39 (12) An offense under IC 35-48-4 involving the manufacture or
10841084 40 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
10851085 41 synthetic drug lookalike substance (as defined in
10861086 42 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
10871087 2023 IN 1615—LS 6934/DI 106 26
10881088 1 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
10891089 2 substance analog (as defined in IC 35-48-1-9.3), or a substance
10901090 3 represented to be a controlled substance (as described in
10911091 4 IC 35-48-4-4.6).
10921092 5 (13) A violation of any federal or state drug law or rule related to
10931093 6 wholesale legend drug distributors licensed under IC 25-26-14.
10941094 7 (i) A decision of the department under subsections (b) through (h)
10951095 8 may be appealed to the commission under IC 4-21.5-3-7.
10961096 9 (j) The department may temporarily suspend a practitioner's license
10971097 10 under IC 4-21.5-4 before a final adjudication or during the appeals
10981098 11 process if the department finds that a practitioner represents a clear and
10991099 12 immediate danger to the public's health, safety, or property if the
11001100 13 practitioner is allowed to continue to practice.
11011101 14 (k) On receipt of a complaint or an information alleging that a
11021102 15 person licensed under this chapter has engaged in or is engaging in a
11031103 16 practice that jeopardizes the public health, safety, or welfare, the
11041104 17 department shall initiate an investigation against the person.
11051105 18 (l) Any complaint filed with the office of the attorney general
11061106 19 alleging a violation of this licensing program shall be referred to the
11071107 20 department for summary review and for its general information and any
11081108 21 authorized action at the time of the filing.
11091109 22 (m) The department shall conduct a fact finding investigation as the
11101110 23 department considers proper in relation to the complaint.
11111111 24 (n) The department may reinstate a license that has been suspended
11121112 25 under this section if, after a hearing, the department is satisfied that the
11131113 26 applicant is able to practice with reasonable skill, safety, and
11141114 27 competency to the public. As a condition of reinstatement, the
11151115 28 department may impose disciplinary or corrective measures authorized
11161116 29 under this chapter.
11171117 30 (o) The department may not reinstate a license that has been
11181118 31 revoked under this chapter. An individual whose license has been
11191119 32 revoked under this chapter may not apply for a new license until seven
11201120 33 (7) years after the date of revocation.
11211121 34 (p) The department shall seek to achieve consistency in the
11221122 35 application of sanctions authorized in this chapter. Significant
11231123 36 departures from prior decisions involving similar conduct must be
11241124 37 explained in the department's findings or orders.
11251125 38 (q) A practitioner may petition the department to accept the
11261126 39 surrender of the practitioner's license instead of having a hearing before
11271127 40 the commission. The practitioner may not surrender the practitioner's
11281128 41 license without the written approval of the department, and the
11291129 42 department may impose any conditions appropriate to the surrender or
11301130 2023 IN 1615—LS 6934/DI 106 27
11311131 1 reinstatement of a surrendered license.
11321132 2 (r) A practitioner who has been subjected to disciplinary sanctions
11331133 3 may be required by the commission to pay the costs of the proceeding.
11341134 4 The practitioner's ability to pay shall be considered when costs are
11351135 5 assessed. If the practitioner fails to pay the costs, a suspension may not
11361136 6 be imposed solely upon the practitioner's inability to pay the amount
11371137 7 assessed. The costs are limited to costs for the following:
11381138 8 (1) Court reporters.
11391139 9 (2) Transcripts.
11401140 10 (3) Certification of documents.
11411141 11 (4) Photo duplication.
11421142 12 (5) Witness attendance and mileage fees.
11431143 13 (6) Postage.
11441144 14 (7) Expert witnesses.
11451145 15 (8) Depositions.
11461146 16 (9) Notarizations.
11471147 17 SECTION 18. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
11481148 18 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11491149 19 JULY 1, 2023]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
11501150 20 commission, or a committee may suspend, deny, or revoke a license or
11511151 21 certificate issued under this title by the board, the commission, or the
11521152 22 committee without an investigation by the office of the attorney general
11531153 23 if the individual who holds the license or certificate is convicted of any
11541154 24 of the following and the board, commission, or committee determines,
11551155 25 after the individual has appeared in person, that the offense affects the
11561156 26 individual's ability to perform the duties of the profession:
11571157 27 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
11581158 28 (2) Possession of methamphetamine under IC 35-48-4-6.1.
11591159 29 (3) Possession of a controlled substance under IC 35-48-4-7(a).
11601160 30 (4) Fraudulently obtaining a controlled substance under
11611161 31 IC 35-48-4-7(c).
11621162 32 (5) Manufacture of paraphernalia as a Class D felony (for a crime
11631163 33 committed before July 1, 2014) or a Level 6 felony (for a crime
11641164 34 committed after June 30, 2014) under IC 35-48-4-8.1(b).
11651165 35 (6) Dealing in paraphernalia as a Class D felony (for a crime
11661166 36 committed before July 1, 2014) or a Level 6 felony (for a crime
11671167 37 committed after June 30, 2014) under IC 35-48-4-8.5(b).
11681168 38 (7) Possession of paraphernalia as a Class D felony (for a crime
11691169 39 committed before July 1, 2014) or a Level 6 felony (for a crime
11701170 40 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
11711171 41 its amendment on July 1, 2015).
11721172 42 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
11731173 2023 IN 1615—LS 6934/DI 106 28
11741174 1 D felony (for a crime committed before July 1, 2014) or a Level
11751175 2 6 felony (for a crime committed after June 30, 2014) under
11761176 3 IC 35-48-4-11.
11771177 4 (9) A felony offense under IC 35-48-4 involving possession of a
11781178 5 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
11791179 6 controlled substance analog (as defined in IC 35-48-1-9.3), or
11801180 7 possession of a synthetic drug lookalike substance (as defined in
11811181 8 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
11821182 9 (A) Class D felony for a crime committed before July 1, 2014;
11831183 10 or
11841184 11 (B) Level 6 felony for a crime committed after June 30, 2014;
11851185 12 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
11861186 13 (10) Maintaining a common nuisance under IC 35-48-4-13
11871187 14 (repealed) or IC 35-45-1-5, if the common nuisance involves a
11881188 15 controlled substance.
11891189 16 (11) An offense relating to registration, labeling, and prescription
11901190 17 forms under IC 35-48-4-14.
11911191 18 (12) A sex crime under IC 35-42-4.
11921192 19 (13) A felony that reflects adversely on the individual's fitness to
11931193 20 hold a professional license.
11941194 21 SECTION 19. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
11951195 22 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11961196 23 JULY 1, 2023]: Sec. 3. A board, a commission, or a committee shall
11971197 24 revoke or suspend a license or certificate issued under this title by the
11981198 25 board, the commission, or the committee if the individual who holds
11991199 26 the license or certificate is convicted of any of the following:
12001200 27 (1) Dealing in a controlled substance resulting in death under
12011201 28 IC 35-42-1-1.5.
12021202 29 (2) Dealing in or manufacturing cocaine or a narcotic drug under
12031203 30 IC 35-48-4-1.
12041204 31 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
12051205 32 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
12061206 33 (5) Dealing in a schedule I, II, or III controlled substance under
12071207 34 IC 35-48-4-2.
12081208 35 (6) Dealing in a schedule IV controlled substance under
12091209 36 IC 35-48-4-3.
12101210 37 (7) Dealing in a schedule V controlled substance under
12111211 38 IC 35-48-4-4.
12121212 39 (8) Dealing in a substance represented to be a controlled
12131213 40 substance under IC 35-48-4-4.5 (before its repeal on July 1,
12141214 41 2019).
12151215 42 (9) Knowingly or intentionally manufacturing, advertising,
12161216 2023 IN 1615—LS 6934/DI 106 29
12171217 1 distributing, or possessing with intent to manufacture, advertise,
12181218 2 or distribute a substance represented to be a controlled substance
12191219 3 under IC 35-48-4-4.6.
12201220 4 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
12211221 5 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
12221222 6 under IC 35-48-4-10.
12231223 7 (12) An offense under IC 35-48-4 involving the manufacture or
12241224 8 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
12251225 9 synthetic drug lookalike substance (as defined in
12261226 10 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
12271227 11 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
12281228 12 substance analog (as defined in IC 35-48-1-9.3), or a substance
12291229 13 represented to be a controlled substance (as described in
12301230 14 IC 35-48-4-4.6).
12311231 15 (13) A violation of any federal or state drug law or rule related to
12321232 16 wholesale legend drug distributors licensed under IC 25-26-14.
12331233 17 SECTION 20. IC 31-37-1-2, AS AMENDED BY P.L.84-2021,
12341234 18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12351235 19 JULY 1, 2023]: Sec. 2. A child commits a delinquent act if, before
12361236 20 becoming eighteen (18) years of age, the child commits an act:
12371237 21 (1) that would be an offense if committed by an adult;
12381238 22 (2) in violation of IC 35-45-4-6; or
12391239 23 (3) in violation of IC 35-47-10-5; or
12401240 24 (4) in violation of IC 35-48-4-18;
12411241 25 except an act committed by a person over which the juvenile court
12421242 26 lacks jurisdiction under IC 31-30-1.
12431243 27 SECTION 21. IC 33-37-4-1, AS AMENDED BY P.L.24-2018,
12441244 28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12451245 29 JULY 1, 2023]: Sec. 1. (a) For each action that results in a felony
12461246 30 conviction under IC 35-50-2 or a misdemeanor conviction under
12471247 31 IC 35-50-3, the clerk shall collect from the defendant a criminal costs
12481248 32 fee of one hundred twenty dollars ($120).
12491249 33 (b) In addition to the criminal costs fee collected under this section,
12501250 34 the clerk shall collect from the defendant the following fees if they are
12511251 35 required under IC 33-37-5:
12521252 36 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
12531253 37 IC 33-37-5-4).
12541254 38 (2) A marijuana eradication program fee (IC 33-37-5-7).
12551255 39 (3) (2) An alcohol and drug services program fee (IC
12561256 40 33-37-5-8(b)).
12571257 41 (4) (3) A law enforcement continuing education program fee (IC
12581258 42 33-37-5-8(c)).
12591259 2023 IN 1615—LS 6934/DI 106 30
12601260 1 (5) (4) A drug abuse, prosecution, interdiction, and correction fee
12611261 2 (IC 33-37-5-9).
12621262 3 (6) (5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
12631263 4 (7) (6) A child abuse prevention fee (IC 33-37-5-12).
12641264 5 (8) (7) A domestic violence prevention and treatment fee (IC
12651265 6 33-37-5-13).
12661266 7 (9) (8) A highway worksite zone fee (IC 33-37-5-14).
12671267 8 (10) (9) A deferred prosecution fee (IC 33-37-5-17).
12681268 9 (11) (10) A document storage fee (IC 33-37-5-20).
12691269 10 (12) (11) An automated record keeping fee (IC 33-37-5-21).
12701270 11 (13) (12) A late payment fee (IC 33-37-5-22).
12711271 12 (14) (13) A sexual assault victims assistance fee (IC 33-37-5-23).
12721272 13 (15) (14) A public defense administration fee (IC 33-37-5-21.2).
12731273 14 (16) (15) A judicial insurance adjustment fee (IC 33-37-5-25).
12741274 15 (17) (16) A judicial salaries fee (IC 33-37-5-26).
12751275 16 (18) (17) A court administration fee (IC 33-37-5-27).
12761276 17 (19) (18) A DNA sample processing fee (IC 33-37-5-26.2).
12771277 18 (c) Instead of the criminal costs fee prescribed by this section,
12781278 19 except for the automated record keeping fee (IC 33-37-5-21), the clerk
12791279 20 shall collect a pretrial diversion program fee if an agreement between
12801280 21 the prosecuting attorney and the accused person entered into under
12811281 22 IC 33-39-1-8 requires payment of those fees by the accused person.
12821282 23 The pretrial diversion program fee is:
12831283 24 (1) an initial user's fee of fifty dollars ($50) for a misdemeanor
12841284 25 offense;
12851285 26 (2) an initial user's fee of seventy-five dollars ($75) for a felony
12861286 27 offense;
12871287 28 (3) a monthly user's fee of twenty dollars ($20) for each month
12881288 29 that the person remains in the pretrial diversion program; and
12891289 30 (4) any additional program fee or cost that is:
12901290 31 (A) reasonably related to the person's rehabilitation; and
12911291 32 (B) approved by the court.
12921292 33 A monthly user fee may not be collected beyond the maximum length
12931293 34 of the possible sentence.
12941294 35 (d) The clerk shall transfer to the county auditor or city or town
12951295 36 fiscal officer the following fees, not later than thirty (30) days after the
12961296 37 fees are collected:
12971297 38 (1) The pretrial diversion fee.
12981298 39 (2) The marijuana eradication program fee.
12991299 40 (3) (2) The alcohol and drug services program fee.
13001300 41 (4) (3) The law enforcement continuing education program fee.
13011301 42 The auditor or fiscal officer shall deposit fees transferred under this
13021302 2023 IN 1615—LS 6934/DI 106 31
13031303 1 subsection in the appropriate user fee fund established under
13041304 2 IC 33-37-8.
13051305 3 (e) Unless otherwise directed by a court, if a clerk collects only part
13061306 4 of a criminal costs fee from a defendant under this section, the clerk
13071307 5 shall distribute the partial payment of the criminal costs fee as follows:
13081308 6 (1) The clerk shall apply the partial payment to general court
13091309 7 costs.
13101310 8 (2) If there is money remaining after the partial payment is
13111311 9 applied to general court costs under subdivision (1), the clerk
13121312 10 shall distribute the remainder of the partial payment for deposit in
13131313 11 the appropriate county user fee fund.
13141314 12 (3) If there is money remaining after distribution under
13151315 13 subdivision (2), the clerk shall distribute the remainder of the
13161316 14 partial payment for deposit in the state user fee fund.
13171317 15 (4) If there is money remaining after distribution under
13181318 16 subdivision (3), the clerk shall distribute the remainder of the
13191319 17 partial payment to any other applicable user fee fund.
13201320 18 (5) If there is money remaining after distribution under
13211321 19 subdivision (4), the clerk shall apply the remainder of the partial
13221322 20 payment to any outstanding fines owed by the defendant.
13231323 21 SECTION 22. IC 33-37-4-3, AS AMENDED BY P.L.85-2017,
13241324 22 SECTION 110, IS AMENDED TO READ AS FOLLOWS
13251325 23 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The clerk shall collect a
13261326 24 juvenile costs fee of one hundred twenty dollars ($120) for each action
13271327 25 filed under any of the following:
13281328 26 (1) IC 31-34 (children in need of services).
13291329 27 (2) IC 31-37 (delinquent children).
13301330 28 (3) IC 31-14 (paternity).
13311331 29 (b) In addition to the juvenile costs fee collected under this section,
13321332 30 the clerk shall collect the following fees, if they are required under
13331333 31 IC 33-37-5:
13341334 32 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
13351335 33 IC 33-37-5-4).
13361336 34 (2) A marijuana eradication program fee (IC 33-37-5-7).
13371337 35 (3) (2) An alcohol and drug services program fee (IC
13381338 36 33-37-5-8(b)).
13391339 37 (4) (3) A law enforcement continuing education program fee (IC
13401340 38 33-37-5-8(c)).
13411341 39 (5) (4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
13421342 40 (6) (5) A document storage fee (IC 33-37-5-20).
13431343 41 (7) (6) An automated record keeping fee (IC 33-37-5-21).
13441344 42 (8) (7) A late payment fee (IC 33-37-5-22).
13451345 2023 IN 1615—LS 6934/DI 106 32
13461346 1 (9) (8) A public defense administration fee (IC 33-37-5-21.2).
13471347 2 (10) (9) A judicial insurance adjustment fee (IC 33-37-5-25).
13481348 3 (11) (10) A judicial salaries fee (IC 33-37-5-26).
13491349 4 (12) (11) A court administration fee (IC 33-37-5-27).
13501350 5 (13) (12) A DNA sample processing fee (IC 33-37-5-26.2).
13511351 6 (c) The clerk shall transfer to the county auditor or city or town
13521352 7 fiscal officer the following fees not later than thirty (30) days after they
13531353 8 are collected:
13541354 9 (1) The marijuana eradication program fee (IC 33-37-5-7).
13551355 10 (2) (1) The alcohol and drug services program fee (IC
13561356 11 33-37-5-8(b)).
13571357 12 (3) (2) The law enforcement continuing education program fee
13581358 13 (IC 33-37-5-8(c)).
13591359 14 The auditor or fiscal officer shall deposit the fees in the appropriate
13601360 15 user fee fund established under IC 33-37-8.
13611361 16 SECTION 23. IC 33-37-5-7 IS REPEALED [EFFECTIVE JULY 1,
13621362 17 2023]. Sec. 7. (a) This section applies to criminal actions.
13631363 18 (b) The clerk shall collect the marijuana eradication program fee set
13641364 19 by the court under IC 15-16-7-8, if:
13651365 20 (1) a weed control board has been established in the county under
13661366 21 IC 15-16-7-3; and
13671367 22 (2) the person has been convicted of an offense under IC 35-48-4
13681368 23 in a case prosecuted in that county.
13691369 24 (c) The court may set a fee under this section of not more than three
13701370 25 hundred dollars ($300).
13711371 26 SECTION 24. IC 33-37-7-2, AS AMENDED BY P.L.174-2022,
13721372 27 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13731373 28 JULY 1, 2023]: Sec. 2. (a) The clerk of a circuit court shall distribute
13741374 29 semiannually to the auditor of state as the state share for deposit in the
13751375 30 homeowner protection unit account established by IC 4-6-12-9 one
13761376 31 hundred percent (100%) of the automated record keeping fees collected
13771377 32 under IC 33-37-5-21 with respect to actions resulting in the accused
13781378 33 person entering into a pretrial diversion program agreement under
13791379 34 IC 33-39-1-8 or a deferral program agreement under IC 34-28-5-1 and
13801380 35 for deposit in the state general fund seventy percent (70%) of the
13811381 36 amount of fees collected under the following:
13821382 37 (1) IC 33-37-4-1(a) (criminal costs fees).
13831383 38 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
13841384 39 (3) IC 33-37-4-3(a) (juvenile costs fees).
13851385 40 (4) IC 33-37-4-4(a) (civil costs fees).
13861386 41 (5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
13871387 42 (6) IC 33-37-4-7(a) (probate costs fees).
13881388 2023 IN 1615—LS 6934/DI 106 33
13891389 1 (7) IC 33-37-5-17 (deferred prosecution fees).
13901390 2 (b) The clerk of a circuit court shall distribute semiannually to the
13911391 3 auditor of state for deposit in the state user fee fund established in
13921392 4 IC 33-37-9-2 the following:
13931393 5 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
13941394 6 interdiction, and correction fees collected under
13951395 7 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
13961396 8 (2) Twenty-five percent (25%) of the alcohol and drug
13971397 9 countermeasures fees collected under IC 33-37-4-1(b)(6),
13981398 10 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
13991399 11 IC 33-37-4-3(b)(4).
14001400 12 (3) One hundred percent (100%) of the child abuse prevention
14011401 13 fees collected under IC 33-37-4-1(b)(7). IC 33-37-4-1(b)(6).
14021402 14 (4) One hundred percent (100%) of the domestic violence
14031403 15 prevention and treatment fees collected under IC 33-37-4-1(b)(8).
14041404 16 IC 33-37-4-1(b)(7).
14051405 17 (5) One hundred percent (100%) of the highway worksite zone
14061406 18 fees collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
14071407 19 IC 33-37-4-2(b)(5).
14081408 20 (6) Seventy-five percent (75%) of the safe schools fee collected
14091409 21 under IC 33-37-5-18.
14101410 22 (7) One hundred percent (100%) of the automated record keeping
14111411 23 fee collected under IC 33-37-5-21 not distributed under
14121412 24 subsection (a).
14131413 25 (c) The clerk of a circuit court shall distribute monthly to the county
14141414 26 auditor the following:
14151415 27 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
14161416 28 interdiction, and correction fees collected under
14171417 29 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
14181418 30 (2) Seventy-five percent (75%) of the alcohol and drug
14191419 31 countermeasures fees collected under IC 33-37-4-1(b)(6),
14201420 32 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
14211421 33 IC 33-37-4-3(b)(4).
14221422 34 The county auditor shall deposit fees distributed by a clerk under this
14231423 35 subsection into the county drug free community fund established under
14241424 36 IC 5-2-11.
14251425 37 (d) The clerk of a circuit court shall distribute monthly to the county
14261426 38 auditor one hundred percent (100%) of the late payment fees collected
14271427 39 under IC 33-37-5-22. The county auditor shall deposit fees distributed
14281428 40 by a clerk under this subsection as follows:
14291429 41 (1) If directed to do so by an ordinance adopted by the county
14301430 42 fiscal body, the county auditor shall deposit forty percent (40%)
14311431 2023 IN 1615—LS 6934/DI 106 34
14321432 1 of the fees in the clerk's record perpetuation fund established
14331433 2 under IC 33-37-5-2 and sixty percent (60%) of the fees in the
14341434 3 county general fund.
14351435 4 (2) If the county fiscal body has not adopted an ordinance
14361436 5 described in subdivision (1), the county auditor shall deposit all
14371437 6 the fees in the county general fund.
14381438 7 (e) The clerk of the circuit court shall distribute semiannually to the
14391439 8 auditor of state for deposit in the sexual assault victims assistance fund
14401440 9 established by IC 5-2-6-23(d) one hundred percent (100%) of the
14411441 10 sexual assault victims assistance fees collected under IC 33-37-5-23.
14421442 11 (f) The clerk of a circuit court shall distribute monthly to the county
14431443 12 auditor the following:
14441444 13 (1) One hundred percent (100%) of the support and maintenance
14451445 14 fees for cases designated as non-Title IV-D child support cases in
14461446 15 the Indiana support enforcement tracking system (ISETS) or the
14471447 16 successor statewide automated support enforcement system
14481448 17 collected under IC 33-37-5-6.
14491449 18 (2) The percentage share of the support and maintenance fees for
14501450 19 cases designated as Title IV-D child support cases in ISETS or the
14511451 20 successor statewide automated support enforcement system
14521452 21 collected under IC 33-37-5-6 that is reimbursable to the county at
14531453 22 the federal financial participation rate.
14541454 23 The county clerk shall distribute monthly to the department of child
14551455 24 services the percentage share of the support and maintenance fees for
14561456 25 cases designated as Title IV-D child support cases in ISETS, or the
14571457 26 successor statewide automated support enforcement system, collected
14581458 27 under IC 33-37-5-6 that is not reimbursable to the county at the
14591459 28 applicable federal financial participation rate.
14601460 29 (g) The clerk of a circuit court shall distribute monthly to the county
14611461 30 auditor the following:
14621462 31 (1) One hundred percent (100%) of the small claims service fee
14631463 32 under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
14641464 33 the county general fund.
14651465 34 (2) One hundred percent (100%) of the small claims garnishee
14661466 35 service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
14671467 36 deposit in the county general fund.
14681468 37 (3) Twenty-five percent (25%) of the safe schools fee collected
14691469 38 under IC 33-37-5-18 for deposit in the county general fund.
14701470 39 (h) This subsection does not apply to court administration fees
14711471 40 collected in small claims actions filed in a court described in IC 33-34.
14721472 41 The clerk of a circuit court shall semiannually distribute to the auditor
14731473 42 of state for deposit in the state general fund one hundred percent
14741474 2023 IN 1615—LS 6934/DI 106 35
14751475 1 (100%) of the following:
14761476 2 (1) The public defense administration fee collected under
14771477 3 IC 33-37-5-21.2.
14781478 4 (2) The judicial salaries fees collected under IC 33-37-5-26.
14791479 5 (3) The DNA sample processing fees collected under
14801480 6 IC 33-37-5-26.2.
14811481 7 (4) The court administration fees collected under IC 33-37-5-27.
14821482 8 (5) The judicial insurance adjustment fee collected under
14831483 9 IC 33-37-5-25.
14841484 10 (i) The proceeds of the service fee collected under
14851485 11 IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
14861486 12 follows:
14871487 13 (1) The clerk shall distribute one hundred percent (100%) of the
14881488 14 service fees collected in a circuit, superior, county, or probate
14891489 15 court to the county auditor for deposit in the county general fund.
14901490 16 (2) The clerk shall distribute one hundred percent (100%) of the
14911491 17 service fees collected in a city or town court to the city or town
14921492 18 fiscal officer for deposit in the city or town general fund.
14931493 19 (j) The proceeds of the garnishee service fee collected under
14941494 20 IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
14951495 21 follows:
14961496 22 (1) The clerk shall distribute one hundred percent (100%) of the
14971497 23 garnishee service fees collected in a circuit, superior, county, or
14981498 24 probate court to the county auditor for deposit in the county
14991499 25 general fund.
15001500 26 (2) The clerk shall distribute one hundred percent (100%) of the
15011501 27 garnishee service fees collected in a city or town court to the city
15021502 28 or town fiscal officer for deposit in the city or town general fund.
15031503 29 (k) The clerk of the circuit court shall distribute semiannually to the
15041504 30 auditor of state for deposit in the home ownership education account
15051505 31 established by IC 5-20-1-27 one hundred percent (100%) of the
15061506 32 following:
15071507 33 (1) The mortgage foreclosure counseling and education fees
15081508 34 collected under IC 33-37-5-33 (before its expiration on July 1,
15091509 35 2017).
15101510 36 (2) Any civil penalties imposed and collected by a court for a
15111511 37 violation of a court order in a foreclosure action under
15121512 38 IC 32-30-10.5.
15131513 39 (l) The clerk of a circuit court shall distribute semiannually to the
15141514 40 auditor of state one hundred percent (100%) of the pro bono legal
15151515 41 services fees collected before July 1, 2025, under IC 33-37-5-31. The
15161516 42 auditor of state shall transfer semiannually the pro bono legal services
15171517 2023 IN 1615—LS 6934/DI 106 36
15181518 1 fees to the Indiana Bar Foundation (or a successor entity) as the entity
15191519 2 designated to organize and administer the interest on lawyers trust
15201520 3 accounts (IOLTA) program under Rule 1.15 of the Rules of
15211521 4 Professional Conduct of the Indiana supreme court. The Indiana Bar
15221522 5 Foundation shall:
15231523 6 (1) deposit in an appropriate account and otherwise manage the
15241524 7 fees the Indiana Bar Foundation receives under this subsection in
15251525 8 the same manner the Indiana Bar Foundation deposits and
15261526 9 manages the net earnings the Indiana Bar Foundation receives
15271527 10 from IOLTA accounts; and
15281528 11 (2) use the fees the Indiana Bar Foundation receives under this
15291529 12 subsection to assist or establish approved pro bono legal services
15301530 13 programs.
15311531 14 The handling and expenditure of the pro bono legal services fees
15321532 15 received under this section by the Indiana Bar Foundation (or its
15331533 16 successor entity) are subject to audit by the state board of accounts. The
15341534 17 amounts necessary to make the transfers required by this subsection are
15351535 18 appropriated from the state general fund.
15361536 19 SECTION 25. IC 33-37-7-8, AS AMENDED BY P.L.174-2022,
15371537 20 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15381538 21 JULY 1, 2023]: Sec. 8. (a) The clerk of a city or town court shall
15391539 22 distribute semiannually to the auditor of state as the state share for
15401540 23 deposit in the homeowner protection unit account established by
15411541 24 IC 4-6-12-9 one hundred percent (100%) of the automated record
15421542 25 keeping fees collected under IC 33-37-5-21 with respect to actions
15431543 26 resulting in the accused person entering into a pretrial diversion
15441544 27 program agreement under IC 33-39-1-8 or a deferral program
15451545 28 agreement under IC 34-28-5-1 and for deposit in the state general fund
15461546 29 fifty-five percent (55%) of the amount of fees collected under the
15471547 30 following:
15481548 31 (1) IC 33-37-4-1(a) (criminal costs fees).
15491549 32 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
15501550 33 (3) IC 33-37-4-4(a) (civil costs fees).
15511551 34 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
15521552 35 (5) IC 33-37-5-17 (deferred prosecution fees).
15531553 36 (b) The city or town fiscal officer shall distribute monthly to the
15541554 37 county auditor as the county share twenty percent (20%) of the amount
15551555 38 of fees collected under the following:
15561556 39 (1) IC 33-37-4-1(a) (criminal costs fees).
15571557 40 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
15581558 41 (3) IC 33-37-4-4(a) (civil costs fees).
15591559 42 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
15601560 2023 IN 1615—LS 6934/DI 106 37
15611561 1 (5) IC 33-37-5-17 (deferred prosecution fees).
15621562 2 (c) The city or town fiscal officer shall retain twenty-five percent
15631563 3 (25%) as the city or town share of the fees collected under the
15641564 4 following:
15651565 5 (1) IC 33-37-4-1(a) (criminal costs fees).
15661566 6 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
15671567 7 (3) IC 33-37-4-4(a) (civil costs fees).
15681568 8 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
15691569 9 (5) IC 33-37-5-17 (deferred prosecution fees).
15701570 10 (d) The clerk of a city or town court shall distribute semiannually to
15711571 11 the auditor of state for deposit in the state user fee fund established in
15721572 12 IC 33-37-9 the following:
15731573 13 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
15741574 14 interdiction, and correction fees collected under
15751575 15 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
15761576 16 (2) Twenty-five percent (25%) of the alcohol and drug
15771577 17 countermeasures fees collected under IC 33-37-4-1(b)(6),
15781578 18 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
15791579 19 IC 33-37-4-3(b)(4).
15801580 20 (3) One hundred percent (100%) of the highway worksite zone
15811581 21 fees collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
15821582 22 IC 33-37-4-2(b)(5).
15831583 23 (4) Seventy-five percent (75%) of the safe schools fee collected
15841584 24 under IC 33-37-5-18.
15851585 25 (5) One hundred percent (100%) of the automated record keeping
15861586 26 fee collected under IC 33-37-5-21 not distributed under
15871587 27 subsection (a).
15881588 28 (e) The clerk of a city or town court shall distribute monthly to the
15891589 29 county auditor the following:
15901590 30 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
15911591 31 interdiction, and correction fees collected under
15921592 32 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
15931593 33 (2) Seventy-five percent (75%) of the alcohol and drug
15941594 34 countermeasures fees collected under IC 33-37-4-1(b)(6),
15951595 35 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
15961596 36 IC 33-37-4-3(b)(4).
15971597 37 The county auditor shall deposit fees distributed by a clerk under this
15981598 38 subsection into the county drug free community fund established under
15991599 39 IC 5-2-11.
16001600 40 (f) The clerk of a city or town court shall distribute monthly to the
16011601 41 city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
16021602 42 percent (100%) of the following:
16031603 2023 IN 1615—LS 6934/DI 106 38
16041604 1 (1) The late payment fees collected under IC 33-37-5-22.
16051605 2 (2) The small claims service fee collected under
16061606 3 IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
16071607 4 (3) The small claims garnishee service fee collected under
16081608 5 IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
16091609 6 (4) Twenty-five percent (25%) of the safe schools fee collected
16101610 7 under IC 33-37-5-18.
16111611 8 The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
16121612 9 fees distributed by a clerk under this subsection in the city or town
16131613 10 general fund.
16141614 11 (g) The clerk of a city or town court shall semiannually distribute to
16151615 12 the auditor of state for deposit in the state general fund one hundred
16161616 13 percent (100%) of the following:
16171617 14 (1) The public defense administration fee collected under
16181618 15 IC 33-37-5-21.2.
16191619 16 (2) The DNA sample processing fees collected under
16201620 17 IC 33-37-5-26.2.
16211621 18 (3) The court administration fees collected under IC 33-37-5-27.
16221622 19 (4) The judicial insurance adjustment fee collected under
16231623 20 IC 33-37-5-25.
16241624 21 (h) The clerk of a city or town court shall semiannually distribute to
16251625 22 the auditor of state for deposit in the state general fund seventy-five
16261626 23 percent (75%) of the judicial salaries fee collected under
16271627 24 IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
16281628 25 percent (25%) of the judicial salaries fee collected under
16291629 26 IC 33-37-5-26. The funds retained by the city or town shall be
16301630 27 prioritized to fund city or town court operations.
16311631 28 (i) The clerk of a city or town court shall distribute semiannually to
16321632 29 the auditor of state one hundred percent (100%) of the pro bono legal
16331633 30 services fees collected before July 1, 2025, under IC 33-37-5-31. The
16341634 31 auditor of state shall transfer semiannually the pro bono legal services
16351635 32 fees to the Indiana Bar Foundation (or a successor entity) as the entity
16361636 33 designated to organize and administer the interest on lawyers trust
16371637 34 accounts (IOLTA) program under Rule 1.15 of the Rules of
16381638 35 Professional Conduct of the Indiana supreme court. The Indiana Bar
16391639 36 Foundation shall:
16401640 37 (1) deposit in an appropriate account and otherwise manage the
16411641 38 fees the Indiana Bar Foundation receives under this subsection in
16421642 39 the same manner the Indiana Bar Foundation deposits and
16431643 40 manages the net earnings the Indiana Bar Foundation receives
16441644 41 from IOLTA accounts; and
16451645 42 (2) use the fees the Indiana Bar Foundation receives under this
16461646 2023 IN 1615—LS 6934/DI 106 39
16471647 1 subsection to assist or establish approved pro bono legal services
16481648 2 programs.
16491649 3 The handling and expenditure of the pro bono legal services fees
16501650 4 received under this section by the Indiana Bar Foundation (or its
16511651 5 successor entity) are subject to audit by the state board of accounts. The
16521652 6 amounts necessary to make the transfers required by this subsection are
16531653 7 appropriated from the state general fund.
16541654 8 SECTION 26. IC 33-37-8-5, AS AMENDED BY P.L.101-2022,
16551655 9 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16561656 10 JULY 1, 2023]: Sec. 5. (a) A county user fee fund is established in each
16571657 11 county to finance various program services. The county fund is
16581658 12 administered by the county auditor.
16591659 13 (b) The county fund consists of the following fees collected by a
16601660 14 clerk under this article:
16611661 15 (1) The pretrial diversion program fee.
16621662 16 (2) The marijuana eradication program fee.
16631663 17 (3) (2) The alcohol and drug services program fee.
16641664 18 (4) (3) The law enforcement continuing education program fee.
16651665 19 (5) (4) The deferral program fee.
16661666 20 (6) (5) The jury fee.
16671667 21 (7) (6) The problem solving court fee.
16681668 22 (c) All of the jury fee and two dollars ($2) of a deferral program fee
16691669 23 collected under IC 33-37-4-2(e) shall be deposited by the county
16701670 24 auditor in the jury pay fund established under IC 33-37-11.
16711671 25 SECTION 27. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
16721672 26 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16731673 27 JULY 1, 2023]: Sec. 1. (a) The following may be seized:
16741674 28 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
16751675 29 or are intended for use by the person or persons in possession of
16761676 30 them to transport or in any manner to facilitate the transportation
16771677 31 of the following:
16781678 32 (A) A controlled substance for the purpose of committing,
16791679 33 attempting to commit, or conspiring to commit any of the
16801680 34 following:
16811681 35 (i) Dealing in or manufacturing cocaine or a narcotic drug
16821682 36 (IC 35-48-4-1).
16831683 37 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
16841684 38 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
16851685 39 (iv) Dealing in a schedule I, II, or III controlled substance
16861686 40 (IC 35-48-4-2).
16871687 41 (v) Dealing in a schedule IV controlled substance (IC
16881688 42 35-48-4-3).
16891689 2023 IN 1615—LS 6934/DI 106 40
16901690 1 (vi) Dealing in a schedule V controlled substance (IC
16911691 2 35-48-4-4).
16921692 3 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
16931693 4 (viii) Possession of cocaine or a narcotic drug (IC
16941694 5 35-48-4-6).
16951695 6 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
16961696 7 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
16971697 8 (xi) Dealing in marijuana (before July 1, 2023), hash oil,
16981698 9 hashish, or salvia (IC 35-48-4-10).
16991699 10 (xii) An offense under IC 35-48-4 involving a synthetic drug
17001700 11 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
17011701 12 substance (as defined in IC 35-31.5-2-321.5 (before its
17021702 13 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
17031703 14 repeal on July 1, 2019), a controlled substance analog (as
17041704 15 defined in IC 35-48-1-9.3), or a substance represented to be
17051705 16 a controlled substance (as described in IC 35-48-4-4.6).
17061706 17 (B) Any stolen (IC 35-43-4-2) or converted property (IC
17071707 18 35-43-4-3) if the retail or repurchase value of that property is
17081708 19 one hundred dollars ($100) or more.
17091709 20 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
17101710 21 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
17111711 22 mass destruction (as defined in IC 35-31.5-2-354) used to
17121712 23 commit, used in an attempt to commit, or used in a conspiracy
17131713 24 to commit a felony terrorist offense (as defined in
17141714 25 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
17151715 26 furtherance of an act of terrorism (as defined by
17161716 27 IC 35-31.5-2-329).
17171717 28 (2) All money, negotiable instruments, securities, weapons,
17181718 29 communications devices, or any property used to commit, used in
17191719 30 an attempt to commit, or used in a conspiracy to commit a felony
17201720 31 terrorist offense (as defined in IC 35-50-2-18) or an offense under
17211721 32 IC 35-47 as part of or in furtherance of an act of terrorism or
17221722 33 commonly used as consideration for a violation of IC 35-48-4
17231723 34 (other than items subject to forfeiture under IC 16-42-20-5 or
17241724 35 IC 16-6-8.5-5.1, before its repeal):
17251725 36 (A) furnished or intended to be furnished by any person in
17261726 37 exchange for an act that is in violation of a criminal statute;
17271727 38 (B) used to facilitate any violation of a criminal statute; or
17281728 39 (C) traceable as proceeds of the violation of a criminal statute.
17291729 40 (3) Any portion of real or personal property purchased with
17301730 41 money that is traceable as a proceed of a violation of a criminal
17311731 42 statute.
17321732 2023 IN 1615—LS 6934/DI 106 41
17331733 1 (4) A vehicle that is used by a person to:
17341734 2 (A) commit, attempt to commit, or conspire to commit;
17351735 3 (B) facilitate the commission of; or
17361736 4 (C) escape from the commission of;
17371737 5 murder (IC 35-42-1-1), dealing in a controlled substance resulting
17381738 6 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
17391739 7 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
17401740 8 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
17411741 9 under IC 35-47 as part of or in furtherance of an act of terrorism.
17421742 10 (5) Real property owned by a person who uses it to commit any of
17431743 11 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
17441744 12 felony:
17451745 13 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
17461746 14 35-48-4-1).
17471747 15 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
17481748 16 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
17491749 17 (D) Dealing in a schedule I, II, or III controlled substance (IC
17501750 18 35-48-4-2).
17511751 19 (E) Dealing in a schedule IV controlled substance (IC
17521752 20 35-48-4-3).
17531753 21 (F) Dealing in marijuana (before July 1, 2023), hash oil,
17541754 22 hashish, or salvia (IC 35-48-4-10).
17551755 23 (G) Dealing in a synthetic drug (as defined in
17561756 24 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
17571757 25 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
17581758 26 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
17591759 27 2019).
17601760 28 (H) Dealing in a controlled substance resulting in death (IC
17611761 29 35-42-1-1.5).
17621762 30 (6) Equipment and recordings used by a person to commit fraud
17631763 31 under IC 35-43-5.
17641764 32 (7) Recordings sold, rented, transported, or possessed by a person
17651765 33 in violation of IC 24-4-10.
17661766 34 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
17671767 35 defined by IC 35-45-6-1) that is the object of a corrupt business
17681768 36 influence violation (IC 35-45-6-2).
17691769 37 (9) Unlawful telecommunications devices (as defined in
17701770 38 IC 35-45-13-6) and plans, instructions, or publications used to
17711771 39 commit an offense under IC 35-45-13.
17721772 40 (10) Any equipment, including computer equipment and cellular
17731773 41 telephones, used for or intended for use in preparing,
17741774 42 photographing, recording, videotaping, digitizing, printing,
17751775 2023 IN 1615—LS 6934/DI 106 42
17761776 1 copying, or disseminating matter in violation of IC 35-42-4.
17771777 2 (11) Destructive devices used, possessed, transported, or sold in
17781778 3 violation of IC 35-47.5.
17791779 4 (12) Tobacco products that are sold in violation of IC 24-3-5,
17801780 5 tobacco products that a person attempts to sell in violation of
17811781 6 IC 24-3-5, and other personal property owned and used by a
17821782 7 person to facilitate a violation of IC 24-3-5.
17831783 8 (13) Property used by a person to commit counterfeiting or
17841784 9 forgery in violation of IC 35-43-5-2.
17851785 10 (14) After December 31, 2005, if a person is convicted of an
17861786 11 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
17871787 12 following real or personal property:
17881788 13 (A) Property used or intended to be used to commit, facilitate,
17891789 14 or promote the commission of the offense.
17901790 15 (B) Property constituting, derived from, or traceable to the
17911791 16 gross proceeds that the person obtained directly or indirectly
17921792 17 as a result of the offense.
17931793 18 (15) Except as provided in subsection (e), a vehicle used by a
17941794 19 person who operates the vehicle:
17951795 20 (A) while intoxicated, in violation of IC 9-30-5-1 through
17961796 21 IC 9-30-5-5, if in the previous five (5) years the person has two
17971797 22 (2) or more prior unrelated convictions for operating a motor
17981798 23 vehicle while intoxicated in violation of IC 9-30-5-1 through
17991799 24 IC 9-30-5-5; or
18001800 25 (B) on a highway while the person's driving privileges are
18011801 26 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
18021802 27 if in the previous five (5) years the person has two (2) or more
18031803 28 prior unrelated convictions for operating a vehicle while
18041804 29 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
18051805 30 If a court orders the seizure of a vehicle under this subdivision,
18061806 31 the court shall transmit an order to the bureau of motor vehicles
18071807 32 recommending that the bureau not permit a vehicle to be
18081808 33 registered in the name of the person whose vehicle was seized
18091809 34 until the person possesses a current driving license (as defined in
18101810 35 IC 9-13-2-41).
18111811 36 (16) The following real or personal property:
18121812 37 (A) Property used or intended to be used to commit, facilitate,
18131813 38 or promote the commission of an offense specified in
18141814 39 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
18151815 40 IC 30-2-13-38(f).
18161816 41 (B) Property constituting, derived from, or traceable to the
18171817 42 gross proceeds that a person obtains directly or indirectly as a
18181818 2023 IN 1615—LS 6934/DI 106 43
18191819 1 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
18201820 2 IC 30-2-10-9(b), or IC 30-2-13-38(f).
18211821 3 (17) Real or personal property, including a vehicle, that is used by
18221822 4 a person to:
18231823 5 (A) commit, attempt to commit, or conspire to commit;
18241824 6 (B) facilitate the commission of; or
18251825 7 (C) escape from the commission of;
18261826 8 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
18271827 9 trafficking) or IC 35-45-4-4 (promoting prostitution).
18281828 10 (b) A vehicle used by any person as a common or contract carrier in
18291829 11 the transaction of business as a common or contract carrier is not
18301830 12 subject to seizure under this section, unless it can be proven by a
18311831 13 preponderance of the evidence that the owner of the vehicle knowingly
18321832 14 permitted the vehicle to be used to engage in conduct that subjects it to
18331833 15 seizure under subsection (a).
18341834 16 (c) Equipment under subsection (a)(10) may not be seized unless it
18351835 17 can be proven by a preponderance of the evidence that the owner of the
18361836 18 equipment knowingly permitted the equipment to be used to engage in
18371837 19 conduct that subjects it to seizure under subsection (a)(10).
18381838 20 (d) Money, negotiable instruments, securities, weapons,
18391839 21 communications devices, or any property commonly used as
18401840 22 consideration for a violation of IC 35-48-4 found near or on a person
18411841 23 who is committing, attempting to commit, or conspiring to commit any
18421842 24 of the following offenses shall be admitted into evidence in an action
18431843 25 under this chapter as prima facie evidence that the money, negotiable
18441844 26 instrument, security, or other thing of value is property that has been
18451845 27 used or was to have been used to facilitate the violation of a criminal
18461846 28 statute or is the proceeds of the violation of a criminal statute:
18471847 29 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
18481848 30 death).
18491849 31 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
18501850 32 narcotic drug).
18511851 33 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
18521852 34 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
18531853 35 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
18541854 36 substance).
18551855 37 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
18561856 38 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
18571857 39 as a Level 4 felony.
18581858 40 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
18591859 41 Level 3, Level 4, or Level 5 felony.
18601860 42 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
18611861 2023 IN 1615—LS 6934/DI 106 44
18621862 1 3, Level 4, or Level 5 felony.
18631863 2 (10) IC 35-48-4-10 (dealing in marijuana (before July 1, 2023),
18641864 3 hash oil, hashish, or salvia) as a Level 5 felony.
18651865 4 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
18661866 5 in a synthetic drug or synthetic drug lookalike substance) as a
18671867 6 Level 5 felony or Level 6 felony (or as a Class C felony or Class
18681868 7 D felony under IC 35-48-4-10 before its amendment in 2013).
18691869 8 (e) A vehicle operated by a person who is not:
18701870 9 (1) an owner of the vehicle; or
18711871 10 (2) the spouse of the person who owns the vehicle;
18721872 11 is not subject to seizure under subsection (a)(15) unless it can be
18731873 12 proven by a preponderance of the evidence that the owner of the
18741874 13 vehicle knowingly permitted the vehicle to be used to engage in
18751875 14 conduct that subjects it to seizure under subsection (a)(15).
18761876 15 SECTION 28. IC 35-31.5-2-33.3 IS ADDED TO THE INDIANA
18771877 16 CODE AS A NEW SECTION TO READ AS FOLLOWS
18781878 17 [EFFECTIVE JULY 1, 2023]: Sec. 33.3. "Cannabis", for purposes
18791879 18 of IC 35-48, has the meaning set forth in IC 35-48-1-19.
18801880 19 SECTION 29. IC 35-31.5-2-195 IS REPEALED [EFFECTIVE
18811881 20 JULY 1, 2023]. Sec. 195. "Marijuana", for purposes of IC 35-48, has
18821882 21 the meaning set forth in IC 35-48-1-19.
18831883 22 SECTION 30. IC 35-45-1-5, AS AMENDED BY P.L.144-2018,
18841884 23 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18851885 24 JULY 1, 2023]: Sec. 5. (a) As used in this section, "common nuisance"
18861886 25 means a building, structure, vehicle, or other place that is used for (1)
18871887 26 or more of the following purposes:
18881888 27 (1) To buy an alcoholic beverage in violation of IC 7.1-5-10-5.
18891889 28 (2) To unlawfully use, keep, or sell a legend drug.
18901890 29 (3) To unlawfully:
18911891 30 (A) use;
18921892 31 (B) manufacture;
18931893 32 (C) keep;
18941894 33 (D) offer for sale;
18951895 34 (E) sell;
18961896 35 (F) deliver; or
18971897 36 (G) finance the delivery of;
18981898 37 a controlled substance or an item of drug paraphernalia (as
18991899 38 described in IC 35-48-4-8.5).
19001900 39 (4) To provide a location for a person to pay, offer to pay, or agree
19011901 40 to pay money or other property to another person for a human
19021902 41 trafficking victim or an act performed by a human trafficking
19031903 42 victim.
19041904 2023 IN 1615—LS 6934/DI 106 45
19051905 1 (5) To provide a location for a person to commit a violation of
19061906 2 IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human trafficking).
19071907 3 (b) A person who knowingly or intentionally visits a common
19081908 4 nuisance described in subsections (a)(1) through (a)(4) commits
19091909 5 visiting a common nuisance. The offense is a:
19101910 6 (1) Class B misdemeanor if the common nuisance is used for the
19111911 7 unlawful:
19121912 8 (A) sale of an alcoholic beverage as set forth in subsection
19131913 9 (a)(1);
19141914 10 (B) use, keeping, or sale of a legend drug as set forth in
19151915 11 subsection (a)(2); or
19161916 12 (C) use, manufacture, keeping, offer for sale, sale, delivery, or
19171917 13 financing the delivery of a controlled substance or item of drug
19181918 14 paraphernalia (as described in IC 35-48-4-8.5), as set forth in
19191919 15 subsection (a)(3);
19201920 16 (2) Class A misdemeanor if:
19211921 17 (A) the common nuisance is used as a location for a person to
19221922 18 pay, offer to pay, or agree to pay for a human trafficking victim
19231923 19 or an act performed by a human trafficking victim as set forth
19241924 20 in subsection (a)(4); or
19251925 21 (B) the person knowingly, intentionally, or recklessly takes a
19261926 22 person less than eighteen (18) years of age or an endangered
19271927 23 adult (as defined in IC 12-10-3-2) into a common nuisance
19281928 24 used to unlawfully:
19291929 25 (i) use;
19301930 26 (ii) manufacture;
19311931 27 (iii) keep;
19321932 28 (iv) offer for sale;
19331933 29 (v) sell;
19341934 30 (vi) deliver; or
19351935 31 (vii) finance the delivery of;
19361936 32 a controlled substance or an item of drug paraphernalia, as set
19371937 33 forth in subsection (a)(3); and
19381938 34 (3) Level 6 felony if the person:
19391939 35 (A) knowingly, intentionally, or recklessly takes a person less
19401940 36 than eighteen (18) years of age or an endangered adult (as
19411941 37 defined in IC 12-10-3-2) into a common nuisance used to
19421942 38 unlawfully:
19431943 39 (i) use;
19441944 40 (ii) manufacture;
19451945 41 (iii) keep;
19461946 42 (iv) offer for sale;
19471947 2023 IN 1615—LS 6934/DI 106 46
19481948 1 (v) sell;
19491949 2 (vi) deliver; or
19501950 3 (vii) finance the delivery of;
19511951 4 a controlled substance or an item of drug paraphernalia, as set
19521952 5 forth in subsection (a)(3); and
19531953 6 (B) has a prior unrelated conviction for a violation of this
19541954 7 section involving a controlled substance or drug paraphernalia.
19551955 8 (c) A person who knowingly or intentionally maintains a common
19561956 9 nuisance commits maintaining a common nuisance, a Level 6 felony.
19571957 10 (d) It is a defense to a prosecution under subsection (c) that:
19581958 11 (1) the offense involves only the unlawful use or keeping of:
19591959 12 (A) less than:
19601960 13 (i) thirty (30) grams of marijuana (for an offense
19611961 14 committed before July 1, 2023); or
19621962 15 (ii) five (5) grams of hash oil, hashish, or salvia; or
19631963 16 (B) an item of drug paraphernalia (as described in
19641964 17 IC 35-48-4-8.5) that is designed for use with, or intended to be
19651965 18 used for, marijuana (for an offense committed before July 1,
19661966 19 2023), hash oil, hashish, or salvia; and
19671967 20 (2) the person does not have a prior unrelated conviction for a
19681968 21 violation of subsection (c).
19691969 22 SECTION 31. IC 35-45-6-1, AS AMENDED BY P.L.25-2022,
19701970 23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19711971 24 JULY 1, 2023]: Sec. 1. (a) The definitions in this section apply
19721972 25 throughout this chapter.
19731973 26 (b) "Documentary material" means any document, drawing,
19741974 27 photograph, recording, or other tangible item containing compiled data
19751975 28 from which information can be either obtained or translated into a
19761976 29 usable form.
19771977 30 (c) "Enterprise" means:
19781978 31 (1) a sole proprietorship, corporation, limited liability company,
19791979 32 partnership, business trust, or governmental entity; or
19801980 33 (2) a union, an association, or a group, whether a legal entity or
19811981 34 merely associated in fact.
19821982 35 (d) "Pattern of racketeering activity" means engaging in at least two
19831983 36 (2) incidents of racketeering activity that have the same or similar
19841984 37 intent, result, accomplice, victim, or method of commission, or that are
19851985 38 otherwise interrelated by distinguishing characteristics that are not
19861986 39 isolated incidents. However, the incidents are a pattern of racketeering
19871987 40 activity only if at least one (1) of the incidents occurred after August
19881988 41 31, 1980, and if the last of the incidents occurred within five (5) years
19891989 42 after a prior incident of racketeering activity.
19901990 2023 IN 1615—LS 6934/DI 106 47
19911991 1 (e) "Racketeering activity" means to commit, to attempt to commit,
19921992 2 to conspire to commit a violation of, or aiding and abetting in a
19931993 3 violation of any of the following:
19941994 4 (1) A provision of IC 23-19, or of a rule or order issued under
19951995 5 IC 23-19.
19961996 6 (2) A violation of IC 35-45-9.
19971997 7 (3) A violation of IC 35-47.
19981998 8 (4) A violation of IC 35-49-3.
19991999 9 (5) Murder (IC 35-42-1-1).
20002000 10 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
20012001 11 felony after June 30, 2014 (IC 35-42-2-1).
20022002 12 (7) Kidnapping (IC 35-42-3-2).
20032003 13 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
20042004 14 (9) Child exploitation (IC 35-42-4-4).
20052005 15 (10) Robbery (IC 35-42-5-1).
20062006 16 (11) Carjacking (IC 35-42-5-2) (before its repeal).
20072007 17 (12) Arson (IC 35-43-1-1).
20082008 18 (13) Burglary (IC 35-43-2-1).
20092009 19 (14) Theft (IC 35-43-4-2).
20102010 20 (15) Receiving stolen property (IC 35-43-4-2) (before its
20112011 21 amendment on July 1, 2018).
20122012 22 (16) Forgery (IC 35-43-5-2).
20132013 23 (17) An offense under IC 35-43-5.
20142014 24 (18) Bribery (IC 35-44.1-1-2).
20152015 25 (19) Official misconduct (IC 35-44.1-1-1).
20162016 26 (20) Conflict of interest (IC 35-44.1-1-4).
20172017 27 (21) Perjury (IC 35-44.1-2-1).
20182018 28 (22) Obstruction of justice (IC 35-44.1-2-2).
20192019 29 (23) Intimidation (IC 35-45-2-1).
20202020 30 (24) Promoting prostitution (IC 35-45-4-4).
20212021 31 (25) Professional gambling (IC 35-45-5-3).
20222022 32 (26) Maintaining a professional gambling site (IC
20232023 33 35-45-5-3.5(b)).
20242024 34 (27) Promoting professional gambling (IC 35-45-5-4).
20252025 35 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
20262026 36 35-48-4-1).
20272027 37 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
20282028 38 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
20292029 39 (31) Dealing in a schedule I, II, or III controlled substance (IC
20302030 40 35-48-4-2).
20312031 41 (32) Dealing in a schedule IV controlled substance (IC
20322032 42 35-48-4-3).
20332033 2023 IN 1615—LS 6934/DI 106 48
20342034 1 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
20352035 2 (34) Dealing in marijuana, hash oil, hashish, or salvia (IC
20362036 3 35-48-4-10).
20372037 4 (35) Money laundering (IC 35-45-15-5).
20382038 5 (36) A violation of IC 35-47.5-5.
20392039 6 (37) A violation of any of the following:
20402040 7 (A) IC 23-14-48-9.
20412041 8 (B) IC 30-2-9-7(b).
20422042 9 (C) IC 30-2-10-9(b).
20432043 10 (D) IC 30-2-13-38(f).
20442044 11 (38) Practice of law by a person who is not an attorney (IC
20452045 12 33-43-2-1).
20462046 13 (39) An offense listed in IC 35-48-4 involving the manufacture or
20472047 14 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
20482048 15 synthetic drug lookalike substance (as defined in
20492049 16 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
20502050 17 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
20512051 18 substance analog (as defined in IC 35-48-1-9.3), or a substance
20522052 19 represented to be a controlled substance (as described in
20532053 20 IC 35-48-4-4.6).
20542054 21 (40) Dealing in a controlled substance resulting in death (IC
20552055 22 35-42-1-1.5).
20562056 23 SECTION 32. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
20572057 24 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20582058 25 JULY 1, 2023]: Sec. 6. (a) Except as provided in subsections (b) and
20592059 26 (c) and (d), a person who operates a motorboat while:
20602060 27 (1) having an alcohol concentration equivalent (as defined in
20612061 28 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
20622062 29 per:
20632063 30 (A) one hundred (100) milliliters of the person's blood; or
20642064 31 (B) two hundred ten (210) liters of the person's breath;
20652065 32 (2) having a controlled substance listed in schedule I or II of
20662066 33 IC 35-48-2 or its metabolite, not including THC, in the person's
20672067 34 body; or
20682068 35 (3) intoxicated;
20692069 36 commits a Class C misdemeanor.
20702070 37 (b) A person who:
20712071 38 (1) operates a vehicle with at least five (5) nanograms per
20722072 39 milliliter of THC in the person's whole blood; and
20732073 40 (2) is impaired;
20742074 41 commits a Class C misdemeanor.
20752075 42 (b) (c) The offense under subsection (a) or (b) is a Level 6 felony
20762076 2023 IN 1615—LS 6934/DI 106 49
20772077 1 if:
20782078 2 (1) the person has a previous conviction under:
20792079 3 (A) IC 14-1-5 (repealed);
20802080 4 (B) IC 14-15-8-8 (repealed); or
20812081 5 (C) this chapter; or
20822082 6 (2) the offense results in serious bodily injury to another person.
20832083 7 (c) (d) The offense under subsection (a) or (b) is a Level 5 felony
20842084 8 if the offense results in the death or catastrophic injury of another
20852085 9 person.
20862086 10 (d) (e) It is a defense to a prosecution under subsection (a)(2) that
20872087 11 the accused person consumed the controlled substance in accordance
20882088 12 with a valid prescription or order of a practitioner (as defined in
20892089 13 IC 35-48-1-24) who acted in the course of the practitioner's
20902090 14 professional practice.
20912091 15 SECTION 33. IC 35-48-1-16.5, AS AMENDED BY P.L.142-2020,
20922092 16 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20932093 17 JULY 1, 2023]: Sec. 16.5. "Enhancing circumstance" means one (1) or
20942094 18 more of the following:
20952095 19 (1) The person has a prior conviction for dealing in a controlled
20962096 20 substance that is not marijuana (before July 1, 2023), hashish,
20972097 21 hash oil, or salvia divinorum.
20982098 22 (2) The person committed the offense while in possession of a
20992099 23 firearm.
21002100 24 (3) The person committed the offense:
21012101 25 (A) on a school bus; or
21022102 26 (B) in, on, or within five hundred (500) feet of:
21032103 27 (i) school property while a person under eighteen (18) years
21042104 28 of age was reasonably expected to be present; or
21052105 29 (ii) a public park while a person under eighteen (18) years
21062106 30 of age was reasonably expected to be present.
21072107 31 (4) The person delivered or financed the delivery of the drug to a
21082108 32 person under eighteen (18) years of age at least three (3) years
21092109 33 junior to the person.
21102110 34 (5) The person manufactured or financed the manufacture of the
21112111 35 drug.
21122112 36 (6) The person committed the offense in the physical presence of
21132113 37 a child less than eighteen (18) years of age, knowing that the child
21142114 38 was present and might be able to see or hear the offense.
21152115 39 (7) The person committed the offense on the property of a:
21162116 40 (A) penal facility; or
21172117 41 (B) juvenile facility (as defined in IC 35-44.1-3-5).
21182118 42 (8) The person knowingly committed the offense in, on, or within
21192119 2023 IN 1615—LS 6934/DI 106 50
21202120 1 one hundred (100) feet of a facility. For purposes of this
21212121 2 subdivision, "facility" means a place that is:
21222122 3 (A) created and funded under IC 12-23-14 or IC 33-23-16;
21232123 4 (B) certified under IC 12-23-1-6; or
21242124 5 (C) used for the purpose of conducting a recovery or support
21252125 6 group meeting;
21262126 7 and at which a drug abuser (as defined in IC 12-7-2-73) may be
21272127 8 provided with treatment, care, or rehabilitation.
21282128 9 SECTION 34. IC 35-48-1-18, AS AMENDED BY P.L.158-2013,
21292129 10 SECTION 620, IS AMENDED TO READ AS FOLLOWS
21302130 11 [EFFECTIVE JULY 1, 2023]: Sec. 18. "Manufacture" means the
21312131 12 following:
21322132 13 (1) For offenses not involving marijuana hashish or hash oil:
21332133 14 (A) the production, preparation, propagation, compounding,
21342134 15 conversion, or processing of a controlled substance, either
21352135 16 directly or indirectly by extraction from substances of natural
21362136 17 origin, independently by means of chemical synthesis, or by a
21372137 18 combination of extraction and chemical synthesis, and
21382138 19 includes any packaging or repackaging of the substance or
21392139 20 labeling or relabeling of its container. It does not include the
21402140 21 preparation, compounding, packaging, or labeling of a
21412141 22 controlled substance:
21422142 23 (i) by a practitioner as an incident to administering or
21432143 24 dispensing of a controlled substance in the course of a
21442144 25 professional practice; or
21452145 26 (ii) by a practitioner, or by the practitioner's authorized agent
21462146 27 under the practitioner's supervision, for the purpose of, or as
21472147 28 an incident to, research, teaching, or chemical analysis and
21482148 29 not for sale; or
21492149 30 (B) the organizing or supervising of an activity described in
21502150 31 clause (A).
21512151 32 (2) For offenses involving marijuana hashish or hash oil:
21522152 33 (A) the preparation, compounding, conversion, or processing
21532153 34 of marijuana hashish or hash oil, either directly or indirectly by
21542154 35 extraction from substances of natural origin, independently by
21552155 36 means of chemical synthesis, or by a combination of extraction
21562156 37 and chemical synthesis, and includes any packaging or
21572157 38 repackaging of the marijuana hashish or hash oil, or labeling
21582158 39 or relabeling of its container. It does not include planting,
21592159 40 growing, cultivating, or harvesting a plant, or the preparation,
21602160 41 compounding, packaging, or labeling of marijuana hashish or
21612161 42 hash oil:
21622162 2023 IN 1615—LS 6934/DI 106 51
21632163 1 (i) by a practitioner as an incident to lawfully administering
21642164 2 or dispensing of marijuana hashish or hash oil in the course
21652165 3 of a professional practice; or
21662166 4 (ii) by a practitioner, or by the practitioner's authorized agent
21672167 5 under the practitioner's supervision, for the purpose of, or as
21682168 6 an incident to, research, teaching, or chemical analysis and
21692169 7 not for sale; or
21702170 8 (B) the organizing or supervising of an activity described in
21712171 9 clause (A).
21722172 10 SECTION 35. IC 35-48-1-19, AS AMENDED BY P.L.190-2019,
21732173 11 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21742174 12 JULY 1, 2023]: Sec. 19. (a) "Marijuana" "Cannabis" means any part
21752175 13 of the plant genus Cannabis whether growing or not; the seeds thereof;
21762176 14 the resin extracted from any part of the plant, including hashish and
21772177 15 hash oil; any compound, manufacture, salt, derivative, mixture, or
21782178 16 preparation of the plant, its seeds or resin.
21792179 17 (b) The term does not include:
21802180 18 (1) the mature stalks of the plant;
21812181 19 (2) fiber produced from the stalks;
21822182 20 (3) oil or cake made from the seeds of the plant;
21832183 21 (4) any other compound, manufacture, salt, derivative, mixture,
21842184 22 or preparation of the mature stalks (except the resin extracted
21852185 23 therefrom);
21862186 24 (5) the sterilized seed of the plant which is incapable of
21872187 25 germination;
21882188 26 (6) hemp (as defined by IC 15-15-13-6);
21892189 27 (7) low THC hemp extract; or
21902190 28 (8) smokable hemp.
21912191 29 SECTION 36. IC 35-48-2-4, AS AMENDED BY P.L.10-2021,
21922192 30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21932193 31 JULY 1, 2023]: Sec. 4. (a) The controlled substances listed in this
21942194 32 section are included in schedule I.
21952195 33 (b) Opiates. Any of the following opiates, including their isomers,
21962196 34 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
21972197 35 specifically excepted by rule of the board or unless listed in another
21982198 36 schedule, whenever the existence of these isomers, esters, ethers, and
21992199 37 salts is possible within the specific chemical designation:
22002200 38 4-fluoroisobutyryl fentanyl
22012201 39 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
22022202 40 piperidinyl]-N-phenylacetamide) (9815)
22032203 41 Acetyl fentanyl (Other names include:
22042204 42 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
22052205 2023 IN 1615—LS 6934/DI 106 52
22062206 1 Acetylmethadol (9601)
22072207 2 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
22082208 3 N-phenylacrylamide
22092209 4 Allylprodine (9602)
22102210 5 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
22112211 6 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
22122212 7 Alphacetylmethadol (9603)
22132213 8 Alphameprodine (9604)
22142214 9 Alphamethadol (9605)
22152215 10 Alphamethylfentanyl (9814)
22162216 11 Benzethidine (9606)
22172217 12 Beta-hydroxy-3-methylfentanyl (9831). Other name:
22182218 13 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
22192219 14 ]-N-phenylpropanamide
22202220 15 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
22212221 16 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
22222222 17 Betacetylmethadol (9607)
22232223 18 Betameprodine (9608)
22242224 19 Betamethadol (9609)
22252225 20 Betaprodine (9611)
22262226 21 Clonitazene (9612)
22272227 22 Cyclopentyl fentanyl. Other name:
22282228 23 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
22292229 24 Dextromoramide (9613)
22302230 25 Diampromide (9615)
22312231 26 Diethylthiambutene (9616)
22322232 27 Difenoxin (9168)
22332233 28 Dimenoxadol (9617)
22342234 29 Dimepheptanol (9618)
22352235 30 Dimethylthiambutene (9619)
22362236 31 Dioxaphetyl butyrate (9621)
22372237 32 Dipipanone (9622)
22382238 33 Ethylmethylthiambutene (9623)
22392239 34 Etonitazene (9624)
22402240 35 Etoxeridine (9625)
22412241 36 Fentanyl related substances.
22422242 37 Furanyl fentanyl.
22432243 38 Furethidine (9626)
22442244 39 Hydroxypethidine (9627)
22452245 40 Isobutyryl fentanyl. Other name:
22462246 41 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
22472247 42 Isotonitazene. Other name: N,N-diethyl-2-
22482248 2023 IN 1615—LS 6934/DI 106 53
22492249 1 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
22502250 2 1-yl)ethan-1-amine)
22512251 3 Ketobemidone (9628)
22522252 4 Levomoramide (9629)
22532253 5 Levophenacylmorphan (9631)
22542254 6 Methoxyacetyl fentanyl. Other name:
22552255 7 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
22562256 8 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
22572257 9 piperidyl]-N-phenyl-propanimide](9813)
22582258 10 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
22592259 11 piperidinyl]-N-phenylpropanamide) (9833)
22602260 12 MDMB-4en-PINACA
22612261 13 4F-MDMB-BICA; 4-fluoro MDMB-BICA; 4F-MDMB-BUTICA;
22622262 14 Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,
22632263 15 3-dimethyl-butanoate
22642264 16 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
22652265 17 Morpheridine (9632)
22662266 18 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
22672267 19 including any isomers, salts, or salts of isomers (9818)
22682268 20 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
22692269 21 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
22702270 22 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
22712271 23 (beta-hydroxythiofentanyl)
22722272 24 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
22732273 25 (para-chloroisobutyryl fentanyl)
22742274 26 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
22752275 27 acetamide (ocfentanil)
22762276 28 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
22772277 29 (para-fluorobutyryl fentanyl)
22782278 30 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
22792279 31 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
22802280 32 fentanyl)
22812281 33 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
22822282 34 fentanyl)
22832283 35 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
22842284 36 (para-methoxybutyryl fentanyl)
22852285 37 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
22862286 38 (thenylfentanyl), including any isomers, salts, or salts of isomers
22872287 39 (9834)
22882288 40 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
22892289 41 fentanyl)
22902290 42 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
22912291 2023 IN 1615—LS 6934/DI 106 54
22922292 1 (cyclopentyl fentanyl)
22932293 2 Noracymethadol (9633)
22942294 3 Norlevorphanol (9634)
22952295 4 Normethadone (9635)
22962296 5 Norpipanone (9636)
22972297 6 Ocfentanil. Other name:
22982298 7 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
22992299 8 acetamide
23002300 9 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
23012301 10 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
23022302 11 Para-chloroisobutyryl fentanyl. Other name:
23032303 12 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
23042304 13 Para-fluorobutyryl fentanyl. Other name:
23052305 14 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
23062306 15 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
23072307 16 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
23082308 17 Para-methoxybutyryl fentanyl. Other name:
23092309 18 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
23102310 19 Phenadoxone (9637)
23112311 20 Phenampromide (9638)
23122312 21 Phenomorphan (9647)
23132313 22 Phenoperidine (9641)
23142314 23 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
23152315 24 Piritramide (9642)
23162316 25 Proheptazine (9643)
23172317 26 Properidine (9644)
23182318 27 Propiram (9649)
23192319 28 Racemoramide (9645)
23202320 29 Tetrahydrofuranyl fentanyl. Other name:
23212321 30 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
23222322 31 oxamide
23232323 32 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
23242324 33 piperidinyl]-propanamide) (9835)
23252325 34 Tilidine (9750)
23262326 35 Trimeperidine (9646)
23272327 36 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
23282328 37 N-methyl- benzamide)
23292329 38 Valeryl fentanyl. Other name:
23302330 39 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
23312331 40 (c) Opium derivatives. Any of the following opium derivatives, their
23322332 41 salts, isomers, and salts of isomers, unless specifically excepted by rule
23332333 42 of the board or unless listed in another schedule, whenever the
23342334 2023 IN 1615—LS 6934/DI 106 55
23352335 1 existence of these salts, isomers, and salts of isomers is possible within
23362336 2 the specific chemical designation:
23372337 3 Acetorphine (9319)
23382338 4 Acetyldihydrocodeine (9051)
23392339 5 Benzylmorphine (9052)
23402340 6 Codeine methylbromide (9070)
23412341 7 Codeine-N-Oxide (9053)
23422342 8 Cyprenorphine (9054)
23432343 9 Desomorphine (9055)
23442344 10 Dihydromorphine (9145)
23452345 11 Drotebanol (9335)
23462346 12 Etorphine (except hydrochloride salt) (9056)
23472347 13 Heroin (9200)
23482348 14 Hydromorphinol (9301)
23492349 15 Methyldesorphine (9302)
23502350 16 Methyldihydromorphine (9304)
23512351 17 Morphine methylbromide (9305)
23522352 18 Morphine methylsulfonate (9306)
23532353 19 Morphine-N-Oxide (9307)
23542354 20 Myrophine (9308)
23552355 21 Nicocodeine (9309)
23562356 22 Nicomorphine (9312)
23572357 23 Normorphine (9313)
23582358 24 Pholcodine (9314)
23592359 25 Thebacon (9315)
23602360 26 (d) Hallucinogenic substances. Unless specifically excepted or
23612361 27 unless listed in another schedule, any material, compound, mixture, or
23622362 28 preparation which contains any quantity of the following
23632363 29 hallucinogenic, psychedelic, or psychogenic substances, their salts,
23642364 30 isomers, and salts of isomers whenever the existence of these salts,
23652365 31 isomers, and salts of isomers is possible within the specific chemical
23662366 32 designation (for purposes of this subsection only, the term "isomer"
23672367 33 includes the optical, position, and geometric isomers):
23682368 34 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
23692369 35 TCPy.
23702370 36 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
23712371 37 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
23722372 38 4-Bromo-2, 5-DMA.
23732373 39 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
23742374 40 or other names:
23752375 41 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
23762376 42 alpha-desmethyl DOB; 2C-B, Nexus.
23772377 2023 IN 1615—LS 6934/DI 106 56
23782378 1 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
23792379 2 DOET.
23802380 3 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
23812381 4 Other name: 2C-T-7.
23822382 5 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
23832383 6 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
23842384 7 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
23852385 8 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
23862386 9 PMA.
23872387 10 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
23882388 11 Name: MMDA.
23892389 12 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
23902390 13 isomers, salts, or salts of isomers (7439). Other name:
23912391 14 5-MeO-DIPT.
23922392 15 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
23932393 16 and other names: 4-methyl-2,
23942394 17 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
23952395 18 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
23962396 19 MDA.
23972397 20 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
23982398 21 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
23992399 22 phenethylamine; N-ethyl MDA; MDE; and MDEA.
24002400 23 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
24012401 24 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
24022402 25 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
24032403 26 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
24042404 27 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
24052405 28 (16) Alpha-methyltryptamine (7432). Other name: AMT.
24062406 29 (17) Bufotenine (7433). Some trade and other names:
24072407 30 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
24082408 31 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
24092409 32 5-hydroxy-N, N-dimethyltryptamine; mappine.
24102410 33 (18) Diethyltryptamine (7434). Some trade or other names: N,
24112411 34 N-Diethyltryptamine; DET.
24122412 35 (19) Dimethyltryptamine (7435). Some trade or other names:
24132413 36 DMT.
24142414 37 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
24152415 38 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
24162416 39 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
24172417 40 (21) Lysergic acid diethylamide (7315). Other name: LSD.
24182418 41 (22) Marijuana (7360).
24192419 42 (23) (22) Mescaline (7381).
24202420 2023 IN 1615—LS 6934/DI 106 57
24212421 1 (24) (23) Parahexyl (7374). Some trade or other names:
24222422 2 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
24232423 3 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
24242424 4 (25) (24) Peyote (7415), including:
24252425 5 (A) all parts of the plant that are classified botanically as
24262426 6 lophophora williamsii lemaire, whether growing or not;
24272427 7 (B) the seeds thereof;
24282428 8 (C) any extract from any part of the plant; and
24292429 9 (D) every compound, manufacture, salt, derivative, mixture, or
24302430 10 preparation of the plant, its seeds, or extracts.
24312431 11 (26) (25) N-ethyl-3-piperidyl benzilate (7482). Other name:
24322432 12 DMZ.
24332433 13 (27) (26) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
24342434 14 Other names: N-hydroxy-alpha-methyl-3,4
24352435 15 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
24362436 16 (28) (27) N-methyl-3-piperidyl benzilate (7484). Other name:
24372437 17 LBJ.
24382438 18 (29) (28) Psilocybin (7437).
24392439 19 (30) (29) Psilocyn (7438).
24402440 20 (31) (30) Tetrahydrocannabinols (7370), including synthetic
24412441 21 equivalents of the substances contained in the plant, or in the
24422442 22 resinous extractives of Cannabis, sp. and synthetic substances,
24432443 23 derivatives, and their isomers with similar chemical structure and
24442444 24 pharmacological activity such as:
24452445 25 (A) ð
24462446 1
24472447 cis or trans tetrahydrocannabinol, and their optical
24482448 26 isomers;
24492449 27 (B) ð
24502450 6
24512451 cis or trans tetrahydrocannabinol, and their optical
24522452 28 isomers; and
24532453 29 (C) ð
24542454 3,
24552455 4 cis or trans tetrahydrocannabinol, and their optical
24562456 30 isomers.
24572457 31 Since nomenclature of these substances is not internationally
24582458 32 standardized, compounds of these structures, regardless of
24592459 33 numerical designation of atomic positions are covered. Other
24602460 34 name: THC.
24612461 35 (32) (31) Ethylamine analog of phencyclidine (7455). Some trade
24622462 36 or other names: N-Ethyl-1-phenylcyclohexylamine;
24632463 37 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
24642464 38 ethylamine; cyclohexamine; PCE.
24652465 39 (33) (32) Pyrrolidine analog of phencyclidine (7458). Some trade
24662466 40 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
24672467 y; PHP.
24682468 41 (34) (33) Thiophene analog of phencyclidine (7470). Some trade
24692469 42 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
24702470 2023 IN 1615—LS 6934/DI 106 58
24712471 1 Analog of Phencyclidine; TPCP.
24722472 2 (35) (34) Salvia divinorum or salvinorin A, including:
24732473 3 (A) all parts of the plant that are classified botanically as salvia
24742474 4 divinorum, whether growing or not;
24752475 5 (B) the seeds of the plant;
24762476 6 (C) any extract from any part of the plant; and
24772477 7 (D) every compound, manufacture, salt, derivative, mixture, or
24782478 8 preparation of the plant, its seeds, or extracts.
24792479 9 (36) (35) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
24802480 10 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
24812481 11 5-MeO-DMT.
24822482 12 (37) (36) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
24832483 13 (38) (37) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
24842484 14 (39) (38) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
24852485 15 (40) (39) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
24862486 16 (41) (40) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
24872487 17 (2C-T-2).
24882488 18 (42) (41) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
24892489 19 (2C-T-4).
24902490 20 (43) (42) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
24912491 21 (44) (43) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
24922492 22 (45) (44) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
24932493 23 (2C-P).
24942494 24 (46) (45) Deschloroketamine (2-Phenyl-2-
24952495 25 (methylamino)cyclohexanone).
24962496 26 (47) (46) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
24972497 27 ethyltryptamine).
24982498 28 (48) (47) N-methyltryptamine (1H-Indole-3-ethanamine,
24992499 29 N-methyl-).
25002500 30 (e) Depressants. Unless specifically excepted in a rule adopted by
25012501 31 the board or unless listed in another schedule, any material, compound,
25022502 32 mixture, or preparation which contains any quantity of the following
25032503 33 substances having a depressant effect on the central nervous system,
25042504 34 including its salts, isomers, and salts of isomers whenever the existence
25052505 35 of such salts, isomers, and salts of isomers is possible within the
25062506 36 specific chemical designation:
25072507 37 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
25082508 38 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
25092509 39 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
25102510 40 Pasaden)
25112511 41 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
25122512 42 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
25132513 2023 IN 1615—LS 6934/DI 106 59
25142514 1 Gamma-hydroxybutyric acid (other names include GHB;
25152515 2 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
25162516 3 oxybate; sodium oxybutyrate) (2010)
25172517 4 Mecloqualone (2572)
25182518 5 Methaqualone (2565)
25192519 6 (f) Stimulants. Unless specifically excepted or unless listed in
25202520 7 another schedule, any material, compound, mixture, or preparation that
25212521 8 contains any quantity of the following substances having a stimulant
25222522 9 effect on the central nervous system, including its salts, isomers, and
25232523 10 salts of isomers:
25242524 11 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
25252525 12 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
25262526 13 Aminorex (1585). Other names: aminoxaphen;
25272527 14 2-amino-5-phenyl-2-oxazoline; or
25282528 15 4,5-dihydro-5-phenyl-2-oxazolamine.
25292529 16 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
25302530 17 -1-one. Synonyms: BMDP, N-benzyl methylone,
25312531 18 3,4-Methylenedioxy-Nbenzylcathinone,
25322532 19 N-benzyl-3,4-methylenedioxycathinone.
25332533 20 Cathinone (1235). Some trade or other names:
25342534 21 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
25352535 22 2-aminopropiophenone; and norephedrone.
25362536 23 Fenethylline (1503).
25372537 24 N-Benzylpiperazine (7493). Other names: BZP; and
25382538 25 1-benzylpiperazine.
25392539 26 N-ethylamphetamine (1475).
25402540 27 Methcathinone (1237). Some other trade names:
25412541 28 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
25422542 29 Monomethylpropion; UR 1431.
25432543 30 N, N-dimethylamphetamine (1480). Other names: N,
25442544 31 N-alpha-trimethyl-benzeneethanamine; and N,
25452545 32 N-alpha-trimethylphenethylamine.
25462546 33 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
25472547 34 SECTION 37. IC 35-48-4-2, AS AMENDED BY P.L.61-2020,
25482548 35 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25492549 36 JULY 1, 2023]: Sec. 2. (a) A person who:
25502550 37 (1) knowingly or intentionally:
25512551 38 (A) manufactures;
25522552 39 (B) finances the manufacture of;
25532553 40 (C) delivers; or
25542554 41 (D) finances the delivery of;
25552555 42 a controlled substance or controlled substance analog, pure or
25562556 2023 IN 1615—LS 6934/DI 106 60
25572557 1 adulterated, classified in schedule I, except marijuana, hash oil,
25582558 2 hashish, or salvia, or a controlled substance, or controlled
25592559 3 substance analog, pure or adulterated, classified in schedule II or
25602560 4 III; or
25612561 5 (2) possesses, with intent to:
25622562 6 (A) manufacture;
25632563 7 (B) finance the manufacture of;
25642564 8 (C) deliver; or
25652565 9 (D) finance the delivery of;
25662566 10 a controlled substance or controlled substance analog, pure or
25672567 11 adulterated, classified in schedule I, except marijuana, hash oil,
25682568 12 hashish, or salvia, or a controlled substance, or controlled
25692569 13 substance analog, pure or adulterated, classified in schedule II or
25702570 14 III;
25712571 15 commits dealing in a schedule I, II, or III controlled substance, a Level
25722572 16 6 felony, except as provided in subsections (b) through (f).
25732573 17 (b) A person may be convicted of an offense under subsection (a)(2)
25742574 18 only if:
25752575 19 (1) there is evidence in addition to the weight of the drug that the
25762576 20 person intended to manufacture, finance the manufacture of,
25772577 21 deliver, or finance the delivery of the drug; or
25782578 22 (2) the amount of the drug involved is at least twenty-eight (28)
25792579 23 grams.
25802580 24 (c) The offense is a Level 5 felony if:
25812581 25 (1) the amount of the drug involved is at least one (1) gram but
25822582 26 less than five (5) grams; or
25832583 27 (2) the amount of the drug involved is less than one (1) gram and
25842584 28 an enhancing circumstance applies.
25852585 29 (d) The offense is a Level 4 felony if:
25862586 30 (1) the amount of the drug involved is at least five (5) grams but
25872587 31 less than ten (10) grams; or
25882588 32 (2) the amount of the drug involved is at least one (1) gram but
25892589 33 less than five (5) grams and an enhancing circumstance applies.
25902590 34 (e) The offense is a Level 3 felony if:
25912591 35 (1) the amount of the drug involved is at least ten (10) grams but
25922592 36 less than twenty-eight (28) grams; or
25932593 37 (2) the amount of the drug involved is at least five (5) grams but
25942594 38 less than ten (10) grams and an enhancing circumstance applies.
25952595 39 (f) The offense is a Level 2 felony if:
25962596 40 (1) the amount of the drug involved is at least twenty-eight (28)
25972597 41 grams; or
25982598 42 (2) the amount of the drug involved is at least ten (10) grams but
25992599 2023 IN 1615—LS 6934/DI 106 61
26002600 1 less than twenty-eight (28) grams and an enhancing circumstance
26012601 2 applies.
26022602 3 SECTION 38. IC 35-48-4-7, AS AMENDED BY P.L.61-2020,
26032603 4 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26042604 5 JULY 1, 2023]: Sec. 7. (a) A person who, without a valid prescription
26052605 6 or order of a practitioner acting in the course of the practitioner's
26062606 7 professional practice, knowingly or intentionally possesses a:
26072607 8 (1) controlled substance or controlled substance analog (pure or
26082608 9 adulterated), classified in schedule I, except marijuana, hashish
26092609 10 or salvia; or
26102610 11 (2) controlled substance or controlled substance analog (pure or
26112611 12 adulterated), classified in schedule II, III, or IV;
26122612 13 commits possession of a controlled substance, a Class A misdemeanor,
26132613 14 except as provided in subsection (b).
26142614 15 (b) The offense is a Level 6 felony if the person commits the offense
26152615 16 and an enhancing circumstance applies.
26162616 17 (c) A person who, without a valid prescription or order of a
26172617 18 practitioner acting in the course of the practitioner's professional
26182618 19 practice, knowingly or intentionally obtains:
26192619 20 (1) more than four (4) ounces of schedule V controlled substances
26202620 21 containing codeine in any given forty-eight (48) hour period
26212621 22 unless pursuant to a prescription;
26222622 23 (2) a schedule V controlled substance pursuant to written or
26232623 24 verbal misrepresentation; or
26242624 25 (3) possession of a schedule V controlled substance other than by
26252625 26 means of a prescription or by means of signing an exempt
26262626 27 narcotic register maintained by a pharmacy licensed by the
26272627 28 Indiana state board of pharmacy;
26282628 29 commits a Class A misdemeanor.
26292629 30 SECTION 39. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
26302630 31 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26312631 32 JULY 1, 2023]: Sec. 8.3. (a) This section does not apply to a rolling
26322632 33 paper.
26332633 34 (b) A person who knowingly or intentionally possesses an
26342634 35 instrument, a device, or another object that the person intends to use
26352635 36 for:
26362636 37 (1) introducing into the person's body a controlled substance
26372637 38 other than cannabis;
26382638 39 (2) testing the strength, effectiveness, or purity of a controlled
26392639 40 substance other than cannabis; or
26402640 41 (3) enhancing the effect of a controlled substance other than
26412641 42 cannabis;
26422642 2023 IN 1615—LS 6934/DI 106 62
26432643 1 commits a Class C misdemeanor. However, the offense is a Class A
26442644 2 misdemeanor if the person has a prior unrelated judgment or conviction
26452645 3 under this section.
26462646 4 SECTION 40. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
26472647 5 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26482648 6 JULY 1, 2023]: Sec. 8.5. (a) A person who keeps for sale, offers for
26492649 7 sale, delivers, or finances the delivery of a raw material, an instrument,
26502650 8 a device, or other object that is intended to be or that is designed or
26512651 9 marketed to be used primarily for:
26522652 10 (1) ingesting, inhaling, or otherwise introducing into the human
26532653 11 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
26542654 12 controlled substance;
26552655 13 (2) testing the strength, effectiveness, or purity of marijuana, hash
26562656 14 oil, hashish, salvia, a synthetic drug, or a controlled substance;
26572657 15 (3) enhancing the effect of a controlled substance;
26582658 16 (4) manufacturing, compounding, converting, producing,
26592659 17 processing, or preparing marijuana, hash oil, hashish, salvia, a
26602660 18 synthetic drug, or a controlled substance;
26612661 19 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
26622662 20 synthetic drug, or a controlled substance by individuals; or
26632663 21 (6) any purpose announced or described by the seller that is in
26642664 22 violation of this chapter;
26652665 23 commits a Class A infraction for dealing in paraphernalia.
26662666 24 (b) A person who knowingly or intentionally violates subsection (a)
26672667 25 commits a Class A misdemeanor. However, the offense is a Level 6
26682668 26 felony if the person has a prior unrelated judgment or conviction under
26692669 27 this section.
26702670 28 (c) This section does not apply to the following:
26712671 29 (1) Items marketed for use in the preparation, compounding,
26722672 30 packaging, labeling, or other use of:
26732673 31 (A) marijuana, cannabis; or
26742674 32 (B) hash oil, hashish, salvia, a synthetic drug, or a controlled
26752675 33 substance as an incident to lawful research, teaching, or
26762676 34 chemical analysis and not for sale.
26772677 35 (2) Items marketed for or historically and customarily used in
26782678 36 connection with the planting, propagating, cultivating, growing,
26792679 37 harvesting, manufacturing, compounding, converting, producing,
26802680 38 processing, preparing, testing, analyzing, packaging, repackaging,
26812681 39 storing, containing, concealing, injecting, ingesting, or inhaling
26822682 40 of tobacco or any other lawful substance.
26832683 41 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
26842684 42 a syringe or needle as part of a program under IC 16-41-7.5.
26852685 2023 IN 1615—LS 6934/DI 106 63
26862686 1 (4) Any entity or person that provides funding to a qualified entity
26872687 2 (as defined in IC 16-41-7.5-3) to operate a program described in
26882688 3 IC 16-41-7.5.
26892689 4 SECTION 41. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
26902690 5 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26912691 6 JULY 1, 2023]: Sec. 10. (a) A person who:
26922692 7 (1) knowingly or intentionally:
26932693 8 (A) manufactures;
26942694 9 (B) finances the manufacture of;
26952695 10 (C) delivers; or
26962696 11 (D) finances the delivery of;
26972697 12 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
26982698 13 (2) possesses, with intent to:
26992699 14 (A) manufacture;
27002700 15 (B) finance the manufacture of;
27012701 16 (C) deliver; or
27022702 17 (D) finance the delivery of;
27032703 18 marijuana, hash oil, hashish, or salvia, pure or adulterated;
27042704 19 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
27052705 20 misdemeanor, except as provided in subsections (b) through (d).
27062706 21 (b) A person may be convicted of an offense under subsection (a)(2)
27072707 22 only if:
27082708 23 (1) there is evidence in addition to the weight of the drug that the
27092709 24 person intended to manufacture, finance the manufacture of,
27102710 25 deliver, or finance the delivery of the drug; or
27112711 26 (2) the amount of the drug involved is at least
27122712 27 (A) ten (10) pounds, if the drug is marijuana; or
27132713 28 (B) three hundred (300) grams. if the drug is hash oil, hashish,
27142714 29 or salvia.
27152715 30 (c) The offense is a Level 6 felony if:
27162716 31 (1) the person has a prior conviction for a drug offense and the
27172717 32 amount of the drug involved is
27182718 33 (A) less than thirty (30) grams of marijuana; or
27192719 34 (B) less than five (5) grams; of hash oil, hashish, or salvia; or
27202720 35 (2) the amount of the drug involved is
27212721 36 (A) at least thirty (30) grams but less than ten (10) pounds of
27222722 37 marijuana; or
27232723 38 (B) at least five (5) grams but less than three hundred (300)
27242724 39 grams. of hash oil, hashish, or salvia.
27252725 40 (d) The offense is a Level 5 felony if:
27262726 41 (1) the person has a prior conviction for a drug dealing offense
27272727 42 and the amount of the drug involved is
27282728 2023 IN 1615—LS 6934/DI 106 64
27292729 1 (A) at least thirty (30) grams but less than ten (10) pounds of
27302730 2 marijuana; or
27312731 3 (B) at least five (5) grams but less than three hundred (300)
27322732 4 grams; of hash oil, hashish, or salvia;
27332733 5 (2) the:
27342734 6 (A) amount of the drug involved is
27352735 7 (i) at least ten (10) pounds of marijuana; or
27362736 8 (ii) at least three hundred (300) grams; of hash oil, hashish,
27372737 9 or salvia; or
27382738 10 (B) offense involved a sale to a minor; or
27392739 11 (3) the:
27402740 12 (A) person is a retailer;
27412741 13 (B) marijuana, hash oil, hashish, or salvia is packaged in a
27422742 14 manner that appears to be low THC hemp extract; and
27432743 15 (C) person knew or reasonably should have known that the
27442744 16 product was marijuana, hash oil, hashish, or salvia.
27452745 17 SECTION 42. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
27462746 18 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27472747 19 JULY 1, 2023]: Sec. 11. (a) A person who (1) knowingly or
27482748 20 intentionally possesses (pure or adulterated) marijuana, hash oil,
27492749 21 hashish, or salvia
27502750 22 (2) knowingly or intentionally grows or cultivates marijuana; or
27512751 23 (3) knowing that marijuana is growing on the person's premises,
27522752 24 fails to destroy the marijuana plants;
27532753 25 commits possession of marijuana, hash oil, hashish, or salvia, a Class
27542754 26 B misdemeanor, except as provided in subsections (b) through (c).
27552755 27 (b) The offense described in subsection (a) is a Class A
27562756 28 misdemeanor if:
27572757 29 (1) the person has a prior conviction for a drug offense; or
27582758 30 (2) the:
27592759 31 (A) marijuana, hash oil, hashish, or salvia is packaged in a
27602760 32 manner that appears to be low THC hemp extract; and
27612761 33 (B) person knew or reasonably should have known that the
27622762 34 product was marijuana, hash oil, hashish, or salvia.
27632763 35 (c) The offense described in subsection (a) is a Level 6 felony if:
27642764 36 (1) the person has a prior conviction for a drug offense; and
27652765 37 (2) the person possesses
27662766 38 (A) at least thirty (30) grams of marijuana; or
27672767 39 (B) at least five (5) grams. of hash oil, hashish, or salvia.
27682768 40 SECTION 43. IC 35-48-4-18 IS ADDED TO THE INDIANA
27692769 41 CODE AS A NEW SECTION TO READ AS FOLLOWS
27702770 42 [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) A person who knowingly
27712771 2023 IN 1615—LS 6934/DI 106 65
27722772 1 or intentionally sells or delivers cannabis to a child less than
27732773 2 eighteen (18) years of age commits providing cannabis to a child,
27742774 3 a Class A misdemeanor.
27752775 4 (b) A child less than eighteen (18) years of age who possesses
27762776 5 cannabis commits possession of cannabis by a child, a Class B
27772777 6 misdemeanor.
27782778 7 (c) It is a defense to a prosecution under this section that the
27792779 8 minor has been issued a valid medical cannabis identification card
27802780 9 (as described in IC 16-19-3-33).
27812781 10 SECTION 44. IC 35-50-2-2.2, AS AMENDED BY P.L.119-2021,
27822782 11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27832783 12 JULY 1, 2023]: Sec. 2.2. (a) Except as provided in subsection (b) or
27842784 13 (c), the court may suspend any part of a sentence for a felony.
27852785 14 (b) If a person is convicted of a Level 2 felony or a Level 3 felony
27862786 15 and has any prior unrelated felony conviction, other than a conviction
27872787 16 for a felony involving marijuana (before July 1, 2023), hashish, hash
27882788 17 oil, or salvia divinorum, the court may suspend only that part of a
27892789 18 sentence that is in excess of the minimum sentence for the:
27902790 19 (1) Level 2 felony; or
27912791 20 (2) Level 3 felony.
27922792 21 (c) The court may suspend only that part of a sentence for murder
27932793 22 or a Level 1 felony conviction that is in excess of the minimum
27942794 23 sentence for murder or the Level 1 felony conviction.
27952795 24 SECTION 45. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
27962796 25 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27972797 26 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (i), (j), (l),
27982798 27 or (m), in addition to any sentence imposed under this article for a
27992799 28 felony or misdemeanor, the court may, as a condition of probation or
28002800 29 without placing the person on probation, order the person to make
28012801 30 restitution to the victim of the crime, the victim's estate, or the family
28022802 31 of a victim who is deceased. The court shall base its restitution order
28032803 32 upon a consideration of:
28042804 33 (1) property damages of the victim incurred as a result of the
28052805 34 crime, based on the actual cost of repair (or replacement if repair
28062806 35 is inappropriate);
28072807 36 (2) medical and hospital costs incurred by the victim (before the
28082808 37 date of sentencing) as a result of the crime;
28092809 38 (3) the cost of medical laboratory tests to determine if the crime
28102810 39 has caused the victim to contract a disease or other medical
28112811 40 condition;
28122812 41 (4) earnings lost by the victim (before the date of sentencing) as
28132813 42 a result of the crime including earnings lost while the victim was
28142814 2023 IN 1615—LS 6934/DI 106 66
28152815 1 hospitalized or participating in the investigation or trial of the
28162816 2 crime; and
28172817 3 (5) funeral, burial, or cremation costs incurred by the family or
28182818 4 estate of a homicide victim as a result of the crime.
28192819 5 (b) A restitution order under subsection (a), (i), (j), (l), or (m) is a
28202820 6 judgment lien that:
28212821 7 (1) attaches to the property of the person subject to the order;
28222822 8 (2) may be perfected;
28232823 9 (3) may be enforced to satisfy any payment that is delinquent
28242824 10 under the restitution order by the person in whose favor the order
28252825 11 is issued or the person's assignee; and
28262826 12 (4) expires;
28272827 13 in the same manner as a judgment lien created in a civil proceeding.
28282828 14 (c) When a restitution order is issued under subsection (a), the
28292829 15 issuing court may order the person to pay the restitution, or part of the
28302830 16 restitution, directly to:
28312831 17 (1) the victim services division of the Indiana criminal justice
28322832 18 institute in an amount not exceeding:
28332833 19 (A) the amount of the award, if any, paid to the victim under
28342834 20 IC 5-2-6.1; and
28352835 21 (B) the cost of the reimbursements, if any, for emergency
28362836 22 services provided to the victim under IC 16-10-1.5 (before its
28372837 23 repeal) or IC 16-21-8; or
28382838 24 (2) a probation department that shall forward restitution or part of
28392839 25 restitution to:
28402840 26 (A) a victim of a crime;
28412841 27 (B) a victim's estate; or
28422842 28 (C) the family of a victim who is deceased.
28432843 29 The victim services division of the Indiana criminal justice institute
28442844 30 shall deposit the restitution it receives under this subsection in the
28452845 31 violent crime victims compensation fund established by IC 5-2-6.1-40.
28462846 32 (d) When a restitution order is issued under subsection (a), (i), (j),
28472847 33 (l), or (m), the issuing court shall send a certified copy of the order to
28482848 34 the clerk of the circuit court in the county where the felony or
28492849 35 misdemeanor charge was filed. The restitution order must include the
28502850 36 following information:
28512851 37 (1) The name and address of the person that is to receive the
28522852 38 restitution.
28532853 39 (2) The amount of restitution the person is to receive.
28542854 40 Upon receiving the order, the clerk shall enter and index the order in
28552855 41 the circuit court judgment docket in the manner prescribed by
28562856 42 IC 33-32-3-2. The clerk shall also notify the department of insurance
28572857 2023 IN 1615—LS 6934/DI 106 67
28582858 1 of an order of restitution under subsection (i).
28592859 2 (e) An order of restitution under subsection (a), (i), (j), (l), or (m)
28602860 3 does not bar a civil action for:
28612861 4 (1) damages that the court did not require the person to pay to the
28622862 5 victim under the restitution order but arise from an injury or
28632863 6 property damage that is the basis of restitution ordered by the
28642864 7 court; and
28652865 8 (2) other damages suffered by the victim.
28662866 9 (f) Regardless of whether restitution is required under subsection (a)
28672867 10 as a condition of probation or other sentence, the restitution order is not
28682868 11 discharged by the completion of any probationary period or other
28692869 12 sentence imposed for a felony or misdemeanor.
28702870 13 (g) A restitution order under subsection (a), (i), (j), (l), or (m) is not
28712871 14 discharged by the liquidation of a person's estate by a receiver under
28722872 15 IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
28732873 16 IC 34-1-12, or IC 34-2-7 before their repeal).
28742874 17 (h) The attorney general may pursue restitution ordered by the court
28752875 18 under subsections (a) and (c) on behalf of the victim services division
28762876 19 of the Indiana criminal justice institute established under IC 5-2-6-8.
28772877 20 (i) The court may order the person convicted of an offense under
28782878 21 IC 35-43-9 to make restitution to the victim of the crime. The court
28792879 22 shall base its restitution order upon a consideration of the amount of
28802880 23 money that the convicted person converted, misappropriated, or
28812881 24 received, or for which the convicted person conspired. The restitution
28822882 25 order issued for a violation of IC 35-43-9 must comply with
28832883 26 subsections (b), (d), (e), and (g), and is not discharged by the
28842884 27 completion of any probationary period or other sentence imposed for
28852885 28 a violation of IC 35-43-9.
28862886 29 (j) The court may order the person convicted of an offense under
28872887 30 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
28882888 31 victim's estate, or the family of a victim who is deceased. The court
28892889 32 shall base its restitution order upon a consideration of the amount of
28902890 33 fraud or harm caused by the convicted person and any reasonable
28912891 34 expenses (including lost wages) incurred by the victim in correcting the
28922892 35 victim's credit report and addressing any other issues caused by the
28932893 36 commission of the offense under IC 35-43-5-3.5. If, after a person is
28942894 37 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
28952895 38 estate, or the family of a victim discovers or incurs additional expenses
28962896 39 that result from the convicted person's commission of the offense under
28972897 40 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
28982898 41 to require the convicted person to make restitution, even if the court
28992899 42 issued a restitution order at the time of sentencing. For purposes of
29002900 2023 IN 1615—LS 6934/DI 106 68
29012901 1 entering a restitution order after sentencing, a court has continuing
29022902 2 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
29032903 3 for five (5) years after the date of sentencing. Each restitution order
29042904 4 issued for a violation of IC 35-43-5-3.5 must comply with subsections
29052905 5 (b), (d), (e), and (g), and is not discharged by the completion of any
29062906 6 probationary period or other sentence imposed for an offense under
29072907 7 IC 35-43-5-3.5.
29082908 8 (k) The court shall order a person convicted of an offense under
29092909 9 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
29102910 10 equal to the greater of the following:
29112911 11 (1) The gross income or value to the person of the victim's labor
29122912 12 or services.
29132913 13 (2) The value of the victim's labor as guaranteed under the
29142914 14 minimum wage and overtime provisions of:
29152915 15 (A) the federal Fair Labor Standards Act of 1938, as amended
29162916 16 (29 U.S.C. 201-209); or
29172917 17 (B) IC 22-2-2 (Minimum Wage);
29182918 18 whichever is greater.
29192919 19 (l) The court shall order a person who:
29202920 20 (1) is convicted of dealing in methamphetamine under
29212921 21 IC 35-48-4-1.1 or manufacturing methamphetamine under
29222922 22 IC 35-48-4-1.2; and
29232923 23 (2) manufactured the methamphetamine on property owned by
29242924 24 another person, without the consent of the property owner;
29252925 25 to pay liquidated damages to the property owner in the amount of ten
29262926 26 thousand dollars ($10,000) or to pay actual damages to the property
29272927 27 owner, including lost rent and the costs of decontamination by a
29282928 28 qualified inspector certified under IC 16-19-3.1.
29292929 29 (m) The court shall order a person who:
29302930 30 (1) is convicted of dealing in marijuana under
29312931 31 IC 35-48-4-10(a)(1)(A) (before July 1, 2023); and
29322932 32 (2) manufactured the marijuana on property owned by another
29332933 33 person, without the consent of the property owner;
29342934 34 to pay liquidated damages to the property owner in the amount of two
29352935 35 thousand dollars ($2,000).
29362936 2023 IN 1615—LS 6934/DI 106