Introduced Version
HOUSE BILL No. 1615
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-8; IC 6-2.5-5-58; IC 6-7-3; IC 9-30;
IC 11-12-3.7-3; IC 15-16-7-8; IC 16-19-3-33; IC 16-31-3;
IC 16-42-27-2; IC 20-28-5-8; IC 22-15-5-16; IC 25-1-1.1;
IC 31-37-1-2; IC 33-37; IC 34-24-1-1; IC 35-31.5-2; IC 35-45;
IC 35-46-9-6; IC 35-48; IC 35-50.
Synopsis: Legalization of cannabis. Legalizes the sale and use of
cannabis by a person at least 18 years of age. Requires the Indiana
department of health to establish a program to issue a medical cannabis
identification card to a patient whose physician has recommended
cannabis to treat a medical condition. Permits the sale of cannabis to a
person less than 18 years of age if the person has been issued a medical
cannabis identification card, and exempts purchases by a medical
cannabis cardholder from sales tax. Makes conforming amendments.
Effective: July 1, 2023.
Payne, VanNatter, Pierce K,
Miller K
January 19, 2023, read first time and referred to Committee on Public Health.
2023 IN 1615—LS 6934/DI 106 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1615
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-8-5, AS AMENDED BY P.L.217-2017,
2 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 5. (a) There is established the state police training
4 fund. The fund consists of amounts collected under IC 33-37-4-1(b)(4),
5 IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4)
6 IC 33-37-4-3(b)(3) on behalf of the state police department.
7 (b) If the state police department files a claim under IC 33-37-8-4
8 or IC 33-37-8-6 against a city or town user fee fund or a county user fee
9 fund, the fiscal officer of the city or town or the county auditor shall
10 deposit fees collected under the cause numbers submitted by the state
11 police department into the state police training fund established under
12 this section.
13 (c) Claims against the state police training fund must be submitted
14 in accordance with IC 5-11-10.
15 (d) Money in excess of one hundred dollars ($100) that is
16 unencumbered and remains in the state police training fund for at least
17 one (1) entire calendar year from the date of its deposit shall, at the end
2023 IN 1615—LS 6934/DI 106 2
1 of the state's fiscal year, be deposited in the law enforcement academy
2 fund established under IC 5-2-1-13.
3 (e) As used in this subsection, "abuse" has the meaning set forth in
4 section 1(a) of this chapter. As a part of the state police department's
5 in-service training, the department shall provide to each law
6 enforcement officer employed by the department continuing education
7 concerning the following:
8 (1) Duties of a law enforcement officer in enforcing restraining
9 orders, protective orders, temporary injunctions, and permanent
10 injunctions involving abuse.
11 (2) Guidelines for making felony and misdemeanor arrests in
12 cases involving abuse.
13 (3) Techniques for handling incidents of abuse that:
14 (A) minimize the likelihood of injury to the law enforcement
15 officer; and
16 (B) promote the safety of a victim.
17 (4) Information about the nature and extent of the abuse.
18 (5) Information about the legal rights of and remedies available
19 to victims of abuse.
20 (6) How to document and collect evidence in an abuse case.
21 (7) The legal consequences of abuse.
22 (8) The impact on children of law enforcement intervention in
23 abuse cases.
24 (9) Services and facilities available to victims of abuse and
25 abusers.
26 (10) Verification of restraining orders, protective orders,
27 temporary injunctions, and permanent injunctions.
28 (11) Policies concerning arrest or release of suspects in abuse
29 cases.
30 (12) Emergency assistance to victims of abuse and criminal
31 justice options for victims of abuse.
32 (13) Landlord-tenant concerns in abuse cases.
33 (14) The taking of an abused child into protective custody.
34 (15) Assessment of a situation in which a child may be seriously
35 endangered if the child is left in the child's home.
36 (16) Assessment of a situation involving an endangered adult (as
37 defined in IC 12-10-3-2).
38 (17) Response to a sudden, unexpected infant death.
39 The cost of providing continuing education under this subsection shall
40 be paid from money in the state police training fund.
41 SECTION 2. IC 5-2-8-7, AS AMENDED BY P.L.217-2017,
42 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2023 IN 1615—LS 6934/DI 106 3
1 JULY 1, 2023]: Sec. 7. (a) There is established the conservation
2 officers training fund. The department of natural resources shall
3 administer the fund. The fund consists of amounts collected under
4 IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3), IC 33-37-4-2(b)(3), and
5 IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on behalf of the department of
6 natural resources.
7 (b) If the department of natural resources files a claim under
8 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
9 county user fee fund, the fiscal officer of the city or town or the county
10 auditor shall deposit fees collected under the cause numbers submitted
11 by the department of natural resources into the conservation officers
12 training fund established under this section.
13 (c) Claims against the conservation officers training fund must be
14 submitted in accordance with IC 5-11-10.
15 (d) Money in excess of one hundred dollars ($100) that is
16 unencumbered and remains in the conservation officers' training fund
17 for at least one (1) entire calendar year from the date of its deposit
18 shall, at the end of the state's fiscal year, be deposited in the law
19 enforcement academy fund established under IC 5-2-1-13.
20 SECTION 3. IC 5-2-8-8, AS AMENDED BY P.L.217-2017,
21 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2023]: Sec. 8. (a) There is established the alcoholic beverage
23 enforcement officers' training fund. The alcohol and tobacco
24 commission shall administer the fund. The fund consists of amounts
25 collected under IC 33-37-4-1(b)(4), IC 33-37-4-1(b)(3),
26 IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4) IC 33-37-4-3(b)(3) on
27 behalf of the alcohol and tobacco commission.
28 (b) If the alcohol and tobacco commission files a claim under
29 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
30 county user fee fund, the fiscal officer of the city or town or the county
31 auditor shall deposit fees collected under the cause numbers submitted
32 by the alcohol and tobacco commission into the alcoholic beverage
33 enforcement officers' training fund established under this section.
34 (c) Claims against the alcoholic beverage enforcement officers'
35 training fund must be submitted in accordance with IC 5-11-10.
36 (d) Money in excess of one hundred dollars ($100) that is
37 unencumbered and remains in the alcoholic beverage enforcement
38 officers' training fund for at least one (1) entire calendar year from the
39 date of its deposit shall, at the end of the state's fiscal year, be deposited
40 in the law enforcement academy fund established under IC 5-2-1-13.
41 SECTION 4. IC 6-2.5-5-58 IS ADDED TO THE INDIANA CODE
42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2023 IN 1615—LS 6934/DI 106 4
1 1, 2023]: Sec. 58. Transactions involving cannabis are exempt from
2 the state gross retail tax if the person acquiring the cannabis has
3 been issued a medical cannabis identification card under
4 IC 16-19-3-33.
5 SECTION 5. IC 6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2023].
6 (Controlled Substance Excise Tax).
7 SECTION 6. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2023]: Sec. 1. (a) A person who operates a vehicle with an
10 alcohol concentration equivalent to at least eight-hundredths (0.08)
11 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
12 per:
13 (1) one hundred (100) milliliters of the person's blood; or
14 (2) two hundred ten (210) liters of the person's breath;
15 commits a Class C misdemeanor.
16 (b) A person who operates a vehicle with an alcohol concentration
17 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
18 (1) one hundred (100) milliliters of the person's blood; or
19 (2) two hundred ten (210) liters of the person's breath;
20 commits a Class A misdemeanor.
21 (c) A person who operates a vehicle with a controlled substance
22 listed in schedule I or II of IC 35-48-2 or its metabolite, not including
23 THC, in the person's blood commits a Class C misdemeanor.
24 (d) It is a defense to subsection (c) that (1) the accused person
25 consumed the controlled substance in accordance with a valid
26 prescription or order of a practitioner (as defined in IC 35-48-1) who
27 acted in the course of the practitioner's professional practice. or
28 (2) the:
29 (A) controlled substance is marijuana or a metabolite of
30 marijuana;
31 (B) person was not intoxicated;
32 (C) person did not cause a traffic accident; and
33 (D) substance was identified by means of a chemical test taken
34 pursuant to IC 9-30-7.
35 (e) A person who:
36 (1) operates a vehicle with at least five (5) nanograms per
37 milliliter of THC in the person's whole blood; and
38 (2) is impaired;
39 commits a Class C misdemeanor.
40 SECTION 7. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2023]: Sec. 4. (a) A person who causes serious bodily injury
2023 IN 1615—LS 6934/DI 106 5
1 to another person when operating a vehicle:
2 (1) with an alcohol concentration equivalent to at least
3 eight-hundredths (0.08) gram of alcohol per:
4 (A) one hundred (100) milliliters of the person's blood; or
5 (B) two hundred ten (210) liters of the person's breath;
6 (2) with a controlled substance listed in schedule I or II of
7 IC 35-48-2 or its metabolite, not including THC, in the person's
8 blood;
9 (3) with at least five (5) nanograms per milliliter of THC in
10 the person's whole blood; or
11 (3) (4) while intoxicated;
12 commits a Level 5 felony. However, the offense is a Level 4 felony if
13 the person has a previous conviction of operating while intoxicated
14 within the five (5) years preceding the commission of the offense.
15 (b) A person who violates subsection (a) commits a separate offense
16 for each person whose serious bodily injury is caused by the violation
17 of subsection (a).
18 (c) It is a defense under subsection (a)(2) that the accused person
19 consumed the controlled substance in accordance with a valid
20 prescription or order of a practitioner (as defined in IC 35-48-1) who
21 acted in the course of the practitioner's professional practice.
22 SECTION 8. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
23 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2023]: Sec. 5. (a) A person who causes the death or
25 catastrophic injury of another person when operating a vehicle:
26 (1) with an alcohol concentration equivalent to at least
27 eight-hundredths (0.08) gram of alcohol per:
28 (A) one hundred (100) milliliters of the person's blood; or
29 (B) two hundred ten (210) liters of the person's breath;
30 (2) with a controlled substance listed in schedule I or II of
31 IC 35-48-2 or its metabolite, not including THC, in the person's
32 blood;
33 (3) with at least five (5) nanograms per milliliter of THC in
34 the person's whole blood; or
35 (3) (4) while intoxicated;
36 commits a Level 4 felony.
37 (b) A person who causes the death of a law enforcement animal (as
38 defined in IC 35-46-3-4.5) when operating a vehicle:
39 (1) with an alcohol concentration equivalent to at least
40 eight-hundredths (0.08) gram of alcohol per:
41 (A) one hundred (100) milliliters of the person's blood; or
42 (B) two hundred ten (210) liters of the person's breath; or
2023 IN 1615—LS 6934/DI 106 6
1 (2) with a controlled substance listed in schedule I or II of
2 IC 35-48-2 or its metabolite, not including THC, in the person's
3 blood; or
4 (3) with at least five (5) nanograms per milliliter of THC in
5 the person's whole blood;
6 commits a Level 6 felony.
7 (c) A person who commits an offense under subsection (a) or (b)
8 commits a separate offense for each person or law enforcement animal
9 whose death (or catastrophic injury, in the case of a person) is caused
10 by the violation of subsection (a) or (b).
11 (d) It is a defense under subsection (a) or (b) that the person accused
12 of causing the death or catastrophic injury of another person or the
13 death of a law enforcement animal when operating a vehicle with a
14 controlled substance listed in schedule I or II of IC 35-48-2 or its
15 metabolite in the person's blood consumed the controlled substance in
16 accordance with a valid prescription or order of a practitioner (as
17 defined in IC 35-48-1) who acted in the course of the practitioner's
18 professional practice.
19 SECTION 9. IC 9-30-6-6, AS AMENDED BY P.L.174-2021,
20 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2023]: Sec. 6. (a) A physician, a person trained in retrieving
22 contraband or obtaining bodily substance samples and acting under the
23 direction of or under a protocol prepared by a physician, or a licensed
24 health care professional acting within the professional's scope of
25 practice and under the direction of or under a protocol prepared by a
26 physician, who:
27 (1) obtains a blood, urine, or other bodily substance sample from
28 a person, regardless of whether the sample is taken for diagnostic
29 purposes or at the request of a law enforcement officer under this
30 section;
31 (2) performs a chemical test on blood, urine, or other bodily
32 substance obtained from a person; or
33 (3) searches for or retrieves contraband from the body cavity of an
34 individual;
35 shall deliver the sample or contraband or disclose the results of the test
36 to a law enforcement officer who requests the sample, contraband, or
37 results as a part of a criminal investigation. Samples, contraband, and
38 test results shall be provided to a law enforcement officer even if the
39 person has not consented to or otherwise authorized their release.
40 (b) A physician, a licensed health care professional, a hospital, or an
41 agent of a physician or hospital is not civilly or criminally liable for any
42 of the following:
2023 IN 1615—LS 6934/DI 106 7
1 (1) Disclosing test results in accordance with this section.
2 (2) Delivering contraband, or a blood, urine, or other bodily
3 substance sample in accordance with this section.
4 (3) Searching for or retrieving contraband or obtaining a blood,
5 urine, or other bodily substance sample in accordance with this
6 section.
7 (4) Disclosing to the prosecuting attorney or the deputy
8 prosecuting attorney for use at or testifying at the criminal trial of
9 the person as to facts observed or opinions formed.
10 (5) Failing to treat a person from whom contraband is retrieved or
11 a blood, urine, or other bodily substance sample is obtained at the
12 request of a law enforcement officer if the person declines
13 treatment.
14 (6) Injury to a person arising from the performance of duties in
15 good faith under this section. However, immunity does not apply
16 if the physician, licensed health care professional, hospital, or
17 agent of a physician or hospital acts with gross negligence or
18 willful or wanton misconduct.
19 (c) For the purposes of a criminal proceeding:
20 (1) the privileges arising from a patient-physician relationship do
21 not apply to the contraband, samples, test results, or testimony
22 described in this section; and
23 (2) contraband, samples, test results, and testimony may be
24 admitted in a proceeding in accordance with the applicable rules
25 of evidence.
26 (d) The exceptions to the patient-physician relationship specified in
27 subsection (c) do not affect those relationships in a proceeding that is
28 not a criminal proceeding.
29 (e) The contraband, test results, and samples obtained by a law
30 enforcement officer under subsection (a) may be disclosed only to a
31 prosecuting attorney or a deputy prosecuting attorney for use as
32 evidence in a criminal proceeding.
33 (f) This section does not require a physician or a person under the
34 direction of a physician to perform a chemical test or to retrieve
35 contraband.
36 (g) If the person:
37 (1) from whom the contraband is to be retrieved or the bodily
38 substance sample is to be obtained under this section does not
39 consent; and
40 (2) resists the retrieval of the contraband or the taking of a
41 sample;
42 the law enforcement officer may use reasonable force to assist an
2023 IN 1615—LS 6934/DI 106 8
1 individual, who must be authorized under this section to retrieve
2 contraband or obtain a sample, in the retrieval of the contraband or the
3 taking of the sample.
4 (h) The person authorized under this section to retrieve contraband
5 or obtain a bodily substance sample shall take the sample or retrieve
6 the contraband in a medically accepted manner.
7 (i) This subsection does not apply to contraband retrieved or a
8 bodily substance sample taken at a licensed hospital (as defined in
9 IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer
10 may transport the person to a place where the contraband may be
11 retrieved or the sample may be obtained by any of the following
12 persons who are trained in retrieving contraband or obtaining bodily
13 substance samples and who have been engaged to retrieve contraband
14 or obtain samples under this section:
15 (1) A physician holding an unlimited license to practice medicine
16 or osteopathy.
17 (2) A registered nurse.
18 (3) A licensed practical nurse.
19 (4) An advanced emergency medical technician (as defined in
20 IC 16-18-2-6.5).
21 (5) A paramedic (as defined in IC 16-18-2-266).
22 (6) Except as provided in subsections (j) through (k), any other
23 person qualified through training, experience, or education to
24 retrieve contraband or obtain a bodily substance sample.
25 (j) A law enforcement officer may not retrieve contraband or obtain
26 a bodily substance sample under this section if the contraband is to be
27 retrieved or the sample is to be obtained from another law enforcement
28 officer as a result of the other law enforcement officer's involvement in
29 an accident or alleged crime.
30 (k) A law enforcement officer who is otherwise qualified to obtain
31 a bodily substance sample under this section may obtain a bodily
32 substance sample from a person involved in an accident or alleged
33 crime who is not a law enforcement officer only if:
34 (1) the officer obtained a bodily substance sample from an
35 individual as part of the officer's official duties as a law
36 enforcement officer; and
37 (2) the:
38 (A) person consents to the officer obtaining a bodily substance
39 sample; or
40 (B) obtaining of the bodily substance sample is authorized by
41 a search warrant.
42 (l) A physician or a person trained in obtaining bodily samples who
2023 IN 1615—LS 6934/DI 106 9
1 is acting under the direction of or under a protocol prepared by a
2 physician shall obtain a blood sample if the following conditions are
3 satisfied:
4 (1) A law enforcement officer requests that the sample be
5 obtained.
6 (2) The law enforcement officer has certified in writing the
7 following:
8 (A) That the officer has probable cause to believe the person
9 from whom the sample is to be obtained has violated
10 IC 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2),
11 IC 35-46-9-6(c)(2), or IC 35-46-9-6(c). IC 35-46-9-6(d).
12 (B) That the offense resulting in a criminal investigation
13 described in subsection (a) occurred not more than three (3)
14 hours before the time the sample is requested.
15 (C) That exigent circumstances exist that create pressing
16 health, safety, or law enforcement needs that would take
17 priority over a warrant application.
18 (3) Not more than the use of reasonable force is necessary to
19 obtain the sample.
20 SECTION 10. IC 11-12-3.7-3, AS AMENDED BY P.L.182-2011,
21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2023]: Sec. 3. As used in this chapter, "drug dealing offense"
23 means one (1) or more of the following offenses:
24 (1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unless
25 the person received only minimal consideration as a result of the
26 drug transaction.
27 (2) Dealing in methamphetamine (IC 35-48-4-1.1), unless the
28 person received only minimal consideration as a result of the drug
29 transaction.
30 (3) Dealing in a schedule I, II, III, IV, or V controlled substance
31 (IC 35-48-4-2 through IC 35-48-4-4), unless the person received
32 only minimal consideration as a result of the drug transaction.
33 (4) Dealing in marijuana (before July 1, 2023), hash oil, hashish,
34 salvia, or a synthetic cannabinoid (IC 35-48-4-10), unless the
35 person received only minimal consideration as a result of the drug
36 transaction.
37 SECTION 11. IC 15-16-7-8 IS REPEALED [EFFECTIVE JULY 1,
38 2023]. Sec. 8. In addition to the weed control board's powers and duties
39 under section 7 of this chapter, the weed control board may establish
40 a marijuana eradication program to eliminate and destroy wild
41 marijuana plants within the county. The program is funded by amounts
42 appropriated by the county:
2023 IN 1615—LS 6934/DI 106 10
1 (1) under IC 33-37-8; and
2 (2) from the county general fund.
3 SECTION 12. IC 16-19-3-33 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2023]: Sec. 33. (a) The state department shall
6 establish a medical cannabis identification card program to issue
7 a photo identification card to:
8 (1) the patient of a physician if the physician has
9 recommended that the patient use cannabis to address a
10 medical condition; or
11 (2) the caregiver of a patient described in subdivision (1).
12 (b) The state department shall adopt rules to implement this
13 section.
14 SECTION 13. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
15 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2023]: Sec. 14. (a) A person holding a certificate or license
17 issued under this article must comply with the applicable standards and
18 rules established under this article. A certificate holder or license
19 holder is subject to disciplinary sanctions under subsection (b) if the
20 department of homeland security determines that the certificate holder
21 or license holder:
22 (1) engaged in or knowingly cooperated in fraud or material
23 deception in order to obtain a certificate or license, including
24 cheating on a certification or licensure examination;
25 (2) engaged in fraud or material deception in the course of
26 professional services or activities;
27 (3) advertised services or goods in a false or misleading manner;
28 (4) falsified or knowingly allowed another person to falsify
29 attendance records or certificates of completion of continuing
30 education courses required under this article or rules adopted
31 under this article;
32 (5) is convicted of a crime, if the act that resulted in the
33 conviction has a direct bearing on determining if the certificate
34 holder or license holder should be entrusted to provide emergency
35 medical services;
36 (6) is convicted of violating IC 9-19-14.5;
37 (7) fails to comply and maintain compliance with or violates any
38 applicable provision, standard, or other requirement of this article
39 or rules adopted under this article;
40 (8) continues to practice if the certificate holder or license holder
41 becomes unfit to practice due to:
42 (A) professional incompetence that includes the undertaking
2023 IN 1615—LS 6934/DI 106 11
1 of professional activities that the certificate holder or license
2 holder is not qualified by training or experience to undertake;
3 (B) failure to keep abreast of current professional theory or
4 practice;
5 (C) physical or mental disability; or
6 (D) addiction to, abuse of, or dependency on alcohol or other
7 drugs that endanger the public by impairing the certificate
8 holder's or license holder's ability to practice safely;
9 (9) engages in a course of lewd or immoral conduct in connection
10 with the delivery of services to the public;
11 (10) allows the certificate holder's or license holder's name or a
12 certificate or license issued under this article to be used in
13 connection with a person who renders services beyond the scope
14 of that person's training, experience, or competence;
15 (11) is subjected to disciplinary action in another state or
16 jurisdiction on grounds similar to those contained in this chapter.
17 For purposes of this subdivision, a certified copy of a record of
18 disciplinary action constitutes prima facie evidence of a
19 disciplinary action in another jurisdiction;
20 (12) assists another person in committing an act that would
21 constitute a ground for disciplinary sanction under this chapter;
22 (13) allows a certificate or license issued by the commission to
23 be:
24 (A) used by another person; or
25 (B) displayed to the public when the certificate or license is
26 expired, inactive, invalid, revoked, or suspended; or
27 (14) fails to notify the department in writing of any misdemeanor
28 or felony criminal conviction, except traffic related misdemeanors
29 other than operating a motor vehicle under the influence of a drug
30 or alcohol, within ninety (90) days after the entry of an order or
31 judgment. A certified copy of the order or judgment with a letter
32 of explanation must be submitted to the department along with the
33 written notice.
34 (b) The department of homeland security may issue an order under
35 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
36 the department of homeland security determines that a certificate
37 holder or license holder is subject to disciplinary sanctions under
38 subsection (a):
39 (1) Revocation of a certificate holder's certificate or license
40 holder's license for a period not to exceed seven (7) years.
41 (2) Suspension of a certificate holder's certificate or license
42 holder's license for a period not to exceed seven (7) years.
2023 IN 1615—LS 6934/DI 106 12
1 (3) Censure of a certificate holder or license holder.
2 (4) Issuance of a letter of reprimand.
3 (5) Assessment of a civil penalty against the certificate holder or
4 license holder in accordance with the following:
5 (A) The civil penalty may not exceed five hundred dollars
6 ($500) per day per violation.
7 (B) If the certificate holder or license holder fails to pay the
8 civil penalty within the time specified by the department of
9 homeland security, the department of homeland security may
10 suspend the certificate holder's certificate or license holder's
11 license without additional proceedings.
12 (6) Placement of a certificate holder or license holder on
13 probation status and requirement of the certificate holder or
14 license holder to:
15 (A) report regularly to the department of homeland security
16 upon the matters that are the basis of probation;
17 (B) limit practice to those areas prescribed by the department
18 of homeland security;
19 (C) continue or renew professional education approved by the
20 department of homeland security until a satisfactory degree of
21 skill has been attained in those areas that are the basis of the
22 probation; or
23 (D) perform or refrain from performing any acts, including
24 community restitution or service without compensation, that
25 the department of homeland security considers appropriate to
26 the public interest or to the rehabilitation or treatment of the
27 certificate holder or license holder.
28 The department of homeland security may withdraw or modify
29 this probation if the department of homeland security finds after
30 a hearing that the deficiency that required disciplinary action is
31 remedied or that changed circumstances warrant a modification
32 of the order.
33 (c) If an applicant or a certificate holder or license holder has
34 engaged in or knowingly cooperated in fraud or material deception to
35 obtain a certificate or license, including cheating on the certification or
36 licensure examination, the department of homeland security may
37 rescind the certificate or license if it has been granted, void the
38 examination or other fraudulent or deceptive material, and prohibit the
39 applicant from reapplying for the certificate or license for a length of
40 time established by the department of homeland security.
41 (d) The department of homeland security may deny certification or
42 licensure to an applicant who would be subject to disciplinary sanctions
2023 IN 1615—LS 6934/DI 106 13
1 under subsection (b) if that person were a certificate holder or license
2 holder, has had disciplinary action taken against the applicant or the
3 applicant's certificate or license to practice in another state or
4 jurisdiction, or has practiced without a certificate or license in violation
5 of the law. A certified copy of the record of disciplinary action is
6 conclusive evidence of the other jurisdiction's disciplinary action.
7 (e) The department of homeland security may order a certificate
8 holder or license holder to submit to a reasonable physical or mental
9 examination if the certificate holder's or license holder's physical or
10 mental capacity to practice safely and competently is at issue in a
11 disciplinary proceeding. Failure to comply with a department of
12 homeland security order to submit to a physical or mental examination
13 makes a certificate holder or license holder liable to temporary
14 suspension under subsection (i).
15 (f) Except as provided under subsection (a), subsection (g), and
16 section 14.5 of this chapter, a certificate or license may not be denied,
17 revoked, or suspended because the applicant, certificate holder, or
18 license holder has been convicted of an offense. The acts from which
19 the applicant's, certificate holder's, or license holder's conviction
20 resulted may be considered as to whether the applicant or certificate
21 holder or license holder should be entrusted to serve the public in a
22 specific capacity.
23 (g) The department of homeland security may deny, suspend, or
24 revoke a certificate or license issued under this article if the individual
25 who holds or is applying for the certificate or license is convicted of
26 any of the following:
27 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
28 (2) Possession of methamphetamine under IC 35-48-4-6.1.
29 (3) Possession of a controlled substance under IC 35-48-4-7(a).
30 (4) Fraudulently obtaining a controlled substance under
31 IC 35-48-4-7(c).
32 (5) Manufacture of paraphernalia as a Class D felony (for a crime
33 committed before July 1, 2014) or Level 6 felony (for a crime
34 committed after June 30, 2014) under IC 35-48-4-8.1(b).
35 (6) Dealing in paraphernalia as a Class D felony (for a crime
36 committed before July 1, 2014) or Level 6 felony (for a crime
37 committed after June 30, 2014) under IC 35-48-4-8.5(b).
38 (7) Possession of paraphernalia as a Class D felony (for a crime
39 committed before July 1, 2014) or Level 6 felony (for a crime
40 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
41 its amendment on July 1, 2015).
42 (8) Possession of marijuana (before July 1, 2023), hash oil,
2023 IN 1615—LS 6934/DI 106 14
1 hashish, or salvia as a Class D felony (for a crime committed
2 before July 1, 2014) or Level 6 felony (for a crime committed
3 after June 30, 2014) under IC 35-48-4-11.
4 (9) A felony offense under IC 35-48-4 involving:
5 (A) possession of a synthetic drug (as defined in
6 IC 35-31.5-2-321);
7 (B) possession of a synthetic drug lookalike substance (as
8 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
9 2019)) as a:
10 (i) Class D felony (for a crime committed before July 1,
11 2014); or
12 (ii) Level 6 felony (for a crime committed after June 30,
13 2014);
14 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
15 (C) possession of a controlled substance analog (as defined in
16 IC 35-48-1-9.3).
17 (10) Maintaining a common nuisance under IC 35-48-4-13
18 (repealed) or IC 35-45-1-5, if the common nuisance involves a
19 controlled substance.
20 (11) An offense relating to registration, labeling, and prescription
21 forms under IC 35-48-4-14.
22 (h) A decision of the department of homeland security under
23 subsections (b) through (g) may be appealed to the commission under
24 IC 4-21.5-3-7.
25 (i) The department of homeland security may temporarily suspend
26 a certificate holder's certificate or license holder's license under
27 IC 4-21.5-4 before a final adjudication or during the appeals process if
28 the department of homeland security finds that a certificate holder or
29 license holder would represent a clear and immediate danger to the
30 public's health, safety, or property if the certificate holder or license
31 holder were allowed to continue to practice.
32 (j) On receipt of a complaint or information alleging that a person
33 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
34 or is engaging in a practice that is subject to disciplinary sanctions
35 under this chapter, the department of homeland security must initiate
36 an investigation against the person.
37 (k) The department of homeland security shall conduct a factfinding
38 investigation as the department of homeland security considers proper
39 in relation to the complaint.
40 (l) The department of homeland security may reinstate a certificate
41 or license that has been suspended under this section if the department
42 of homeland security is satisfied that the applicant is able to practice
2023 IN 1615—LS 6934/DI 106 15
1 with reasonable skill, competency, and safety to the public. As a
2 condition of reinstatement, the department of homeland security may
3 impose disciplinary or corrective measures authorized under this
4 chapter.
5 (m) The department of homeland security may not reinstate a
6 certificate or license that has been revoked under this chapter.
7 (n) The department of homeland security must be consistent in the
8 application of sanctions authorized in this chapter. Significant
9 departures from prior decisions involving similar conduct must be
10 explained in the department of homeland security's findings or orders.
11 (o) A certificate holder may not surrender the certificate holder's
12 certificate, and a license holder may not surrender the license holder's
13 license, without the written approval of the department of homeland
14 security, and the department of homeland security may impose any
15 conditions appropriate to the surrender or reinstatement of a
16 surrendered certificate or license.
17 (p) For purposes of this section, "certificate holder" means a person
18 who holds:
19 (1) an unlimited certificate;
20 (2) a limited or probationary certificate; or
21 (3) an inactive certificate.
22 (q) For purposes of this section, "license holder" means a person
23 who holds:
24 (1) an unlimited license;
25 (2) a limited or probationary license; or
26 (3) an inactive license.
27 SECTION 14. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
28 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2023]: Sec. 14.5. The department of homeland security may
30 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
31 certification or licensure or permanently revoke a certificate or license
32 under procedures provided by section 14 of this chapter if the
33 individual who holds the certificate or license issued under this title is
34 convicted of any of the following:
35 (1) Dealing in a controlled substance resulting in death under
36 IC 35-42-1-1.5.
37 (2) Dealing in or manufacturing cocaine or a narcotic drug under
38 IC 35-48-4-1.
39 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
40 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
41 (5) Dealing in a schedule I, II, or III controlled substance under
42 IC 35-48-4-2.
2023 IN 1615—LS 6934/DI 106 16
1 (6) Dealing in a schedule IV controlled substance under
2 IC 35-48-4-3.
3 (7) Dealing in a schedule V controlled substance under
4 IC 35-48-4-4.
5 (8) Dealing in a substance represented to be a controlled
6 substance under IC 35-48-4-4.5 (repealed).
7 (9) Knowingly or intentionally manufacturing, advertising,
8 distributing, or possessing with intent to manufacture, advertise,
9 or distribute a substance represented to be a controlled substance
10 under IC 35-48-4-4.6.
11 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
12 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
13 under IC 35-48-4-10.
14 (12) An offense under IC 35-48-4 involving the manufacture or
15 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
16 synthetic drug lookalike substance (as defined in
17 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
18 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
19 substance analog (as defined in IC 35-48-1-9.3), or a substance
20 represented to be a controlled substance (as described in
21 IC 35-48-4-4.6).
22 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
23 SECTION 15. IC 16-42-27-2, AS AMENDED BY P.L.80-2019,
24 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2023]: Sec. 2. (a) A prescriber may, directly or by standing
26 order, prescribe or dispense an overdose intervention drug without
27 examining the individual to whom it may be administered if all of the
28 following conditions are met:
29 (1) The overdose intervention drug is dispensed or prescribed to:
30 (A) a person at risk of experiencing an opioid-related
31 overdose; or
32 (B) a family member, a friend, or any other individual or entity
33 in a position to assist an individual who, there is reason to
34 believe, is at risk of experiencing an opioid-related overdose.
35 (2) The prescriber instructs the individual receiving the overdose
36 intervention drug or prescription to summon emergency services
37 either immediately before or immediately after administering the
38 overdose intervention drug to an individual experiencing an
39 opioid-related overdose.
40 (3) The prescriber provides education and training on drug
41 overdose response and treatment, including the administration of
42 an overdose intervention drug.
2023 IN 1615—LS 6934/DI 106 17
1 (4) The prescriber provides drug addiction treatment information
2 and referrals to drug treatment programs, including programs in
3 the local area and programs that offer medication assisted
4 treatment that includes a federal Food and Drug Administration
5 approved long acting, nonaddictive medication for the treatment
6 of opioid or alcohol dependence.
7 (b) A prescriber may provide a prescription of an overdose
8 intervention drug to an individual as a part of the individual's addiction
9 treatment plan.
10 (c) An individual described in subsection (a)(1) may administer an
11 overdose intervention drug to an individual who is suffering from an
12 overdose.
13 (d) An individual described in subsection (a)(1) may not be
14 considered to be practicing medicine without a license in violation of
15 IC 25-22.5-8-2, if the individual, acting in good faith, does the
16 following:
17 (1) Obtains the overdose intervention drug from a prescriber or
18 entity acting under a standing order issued by a prescriber.
19 (2) Administers the overdose intervention drug to an individual
20 who is experiencing an apparent opioid-related overdose.
21 (3) Attempts to summon emergency services either immediately
22 before or immediately after administering the overdose
23 intervention drug.
24 (e) An entity acting under a standing order issued by a prescriber
25 must do the following:
26 (1) Annually register with either the:
27 (A) state department; or
28 (B) local health department in the county where services will
29 be provided by the entity;
30 in a manner prescribed by the state department.
31 (2) Provide education and training on drug overdose response and
32 treatment, including the administration of an overdose
33 intervention drug.
34 (3) Provide drug addiction treatment information and referrals to
35 drug treatment programs, including programs in the local area and
36 programs that offer medication assisted treatment that includes a
37 federal Food and Drug Administration approved long acting,
38 nonaddictive medication for the treatment of opioid or alcohol
39 dependence.
40 (4) Submit an annual report to the state department containing:
41 (A) the number of sales of the overdose intervention drug
42 dispensed;
2023 IN 1615—LS 6934/DI 106 18
1 (B) the dates of sale of the overdose intervention drug
2 dispensed; and
3 (C) any additional information requested by the state
4 department.
5 (f) The state department shall ensure that a statewide standing order
6 for the dispensing of an overdose intervention drug in Indiana is issued
7 under this section. The state health commissioner or a designated
8 public health authority who is a licensed prescriber may, as part of the
9 individual's official capacity, issue a statewide standing order that may
10 be used for the dispensing of an overdose intervention drug under this
11 section. The immunity provided in IC 34-13-3-3 applies to an
12 individual described in this subsection.
13 (g) A law enforcement officer may not take an individual into
14 custody based solely on the commission of an offense described in
15 subsection (h), if the law enforcement officer, after making a
16 reasonable determination and considering the facts and surrounding
17 circumstances, reasonably believes that the individual:
18 (1) obtained the overdose intervention drug as described in
19 subsection (a)(1);
20 (2) complied with the provisions in subsection (d);
21 (3) administered an overdose intervention drug to an individual
22 who appeared to be experiencing an opioid-related overdose;
23 (4) provided:
24 (A) the individual's full name; and
25 (B) any other relevant information requested by the law
26 enforcement officer;
27 (5) remained at the scene with the individual who reasonably
28 appeared to be in need of medical assistance until emergency
29 medical assistance arrived;
30 (6) cooperated with emergency medical assistance personnel and
31 law enforcement officers at the scene; and
32 (7) came into contact with law enforcement because the
33 individual requested emergency medical assistance for another
34 individual who appeared to be experiencing an opioid-related
35 overdose.
36 (h) An individual who meets the criteria in subsection (g) is immune
37 from criminal prosecution for the following:
38 (1) IC 35-48-4-6 (possession of cocaine).
39 (2) IC 35-48-4-6.1 (possession of methamphetamine).
40 (3) IC 35-48-4-7 (possession of a controlled substance).
41 (4) IC 35-48-4-8.3 (possession of paraphernalia).
42 (5) IC 35-48-4-11 (possession of marijuana (before July 1, 2023)
2023 IN 1615—LS 6934/DI 106 19
1 or possession of hashish, hash oil, or salvia).
2 (6) An offense under IC 35-48-4 involving possession of a
3 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
4 controlled substance analog (as defined in IC 35-48-1-9.3), or
5 possession of a substance represented to be a controlled substance
6 (as described in IC 35-48-4-4.6).
7 SECTION 16. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2023]: Sec. 8. (a) This section applies when a prosecuting
10 attorney knows that a licensed employee of a public school or a
11 nonpublic school has been convicted of an offense listed in subsection
12 (c). The prosecuting attorney shall immediately give written notice of
13 the conviction to the following:
14 (1) The secretary of education.
15 (2) Except as provided in subdivision (3), the superintendent of
16 the school corporation that employs the licensed employee or the
17 equivalent authority if a nonpublic school employs the licensed
18 employee.
19 (3) The presiding officer of the governing body of the school
20 corporation that employs the licensed employee, if the convicted
21 licensed employee is the superintendent of the school corporation.
22 (b) The superintendent of a school corporation, presiding officer of
23 the governing body, or equivalent authority for a nonpublic school shall
24 immediately notify the secretary of education when the individual
25 knows that a current or former licensed employee of the public school
26 or nonpublic school has been convicted of an offense listed in
27 subsection (c), or when the governing body or equivalent authority for
28 a nonpublic school takes any final action in relation to an employee
29 who engaged in any offense listed in subsection (c).
30 (c) Except as provided in section 8.5 of this chapter, the department
31 shall permanently revoke the license of a person who is known by the
32 department to have been convicted of any of the following:
33 (1) The following felonies:
34 (A) A sex crime under IC 35-42-4 (including criminal deviate
35 conduct (IC 35-42-4-2) (before its repeal)).
36 (B) Kidnapping (IC 35-42-3-2).
37 (C) Criminal confinement (IC 35-42-3-3).
38 (D) Incest (IC 35-46-1-3).
39 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
40 35-48-4-1).
41 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
42 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
2023 IN 1615—LS 6934/DI 106 20
1 (H) Dealing in a schedule I, II, or III controlled substance (IC
2 35-48-4-2).
3 (I) Dealing in a schedule IV controlled substance (IC
4 35-48-4-3).
5 (J) Dealing in a schedule V controlled substance (IC
6 35-48-4-4).
7 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
8 (L) Dealing in marijuana, hash oil, hashish, or salvia as a
9 felony (IC 35-48-4-10).
10 (M) An offense under IC 35-48-4 involving the manufacture
11 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
12 synthetic drug lookalike substance (as defined in
13 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
14 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
15 controlled substance analog (as defined in IC 35-48-1-9.3), or
16 a substance represented to be a controlled substance (as
17 described in IC 35-48-4-4.6).
18 (N) Homicide (IC 35-42-1).
19 (O) Voluntary manslaughter (IC 35-42-1-3).
20 (P) Reckless homicide (IC 35-42-1-5).
21 (Q) Battery as any of the following:
22 (i) A Class A felony (for a crime committed before July 1,
23 2014) or a Level 2 felony (for a crime committed after June
24 30, 2014).
25 (ii) A Class B felony (for a crime committed before July 1,
26 2014) or a Level 3 felony (for a crime committed after June
27 30, 2014).
28 (iii) A Class C felony (for a crime committed before July 1,
29 2014) or a Level 5 felony (for a crime committed after June
30 30, 2014).
31 (R) Aggravated battery (IC 35-42-2-1.5).
32 (S) Robbery (IC 35-42-5-1).
33 (T) Carjacking (IC 35-42-5-2) (before its repeal).
34 (U) Arson as a Class A felony or Class B felony (for a crime
35 committed before July 1, 2014) or as a Level 2, Level 3, or
36 Level 4 felony (for a crime committed after June 30, 2014) (IC
37 35-43-1-1(a)).
38 (V) Burglary as a Class A felony or Class B felony (for a crime
39 committed before July 1, 2014) or as a Level 1, Level 2, Level
40 3, or Level 4 felony (for a crime committed after June 30,
41 2014) (IC 35-43-2-1).
42 (W) Human trafficking (IC 35-42-3.5).
2023 IN 1615—LS 6934/DI 106 21
1 (X) Dealing in a controlled substance resulting in death (IC
2 35-42-1-1.5).
3 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
4 this subsection.
5 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
6 in this subsection.
7 (2) Public indecency (IC 35-45-4-1) committed:
8 (A) after June 30, 2003; or
9 (B) before July 1, 2003, if the person committed the offense
10 by, in a public place:
11 (i) engaging in sexual intercourse or other sexual conduct
12 (as defined in IC 35-31.5-2-221.5);
13 (ii) appearing in a state of nudity with the intent to arouse
14 the sexual desires of the person or another person, or being
15 at least eighteen (18) years of age, with the intent to be seen
16 by a child less than sixteen (16) years of age; or
17 (iii) fondling the person's genitals or the genitals of another
18 person.
19 (d) The department shall permanently revoke the license of a person
20 who is known by the department to have been convicted of a federal
21 offense or an offense in another state that is comparable to a felony or
22 misdemeanor listed in subsection (c).
23 (e) A license may be suspended by the secretary of education as
24 specified in IC 20-28-7.5.
25 (f) The department shall develop a data base of information on
26 school corporation employees who have been reported to the
27 department under this section.
28 (g) Upon receipt of information from the office of judicial
29 administration in accordance with IC 33-24-6-3 concerning persons
30 convicted of an offense listed in subsection (c), the department shall:
31 (1) cross check the information received from the office of
32 judicial administration with information concerning licensed
33 teachers (as defined in IC 20-18-2-22(b)) maintained by the
34 department; and
35 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
36 convicted of an offense described in subsection (c), revoke the
37 licensed teacher's license.
38 SECTION 17. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
39 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2023]: Sec. 16. (a) A practitioner shall comply with the
41 standards established under this licensing program. A practitioner is
42 subject to the exercise of the disciplinary sanctions under subsection
2023 IN 1615—LS 6934/DI 106 22
1 (b) if the department finds that a practitioner has:
2 (1) engaged in or knowingly cooperated in fraud or material
3 deception in order to obtain a license to practice, including
4 cheating on a licensing examination;
5 (2) engaged in fraud or material deception in the course of
6 professional services or activities;
7 (3) advertised services or goods in a false or misleading manner;
8 (4) falsified or knowingly allowed another person to falsify
9 attendance records or certificates of completion of continuing
10 education courses provided under this chapter;
11 (5) been convicted of a crime that has a direct bearing on the
12 practitioner's ability to continue to practice competently;
13 (6) knowingly violated a state statute or rule or federal statute or
14 regulation regulating the profession for which the practitioner is
15 licensed;
16 (7) continued to practice although the practitioner has become
17 unfit to practice due to:
18 (A) professional incompetence;
19 (B) failure to keep abreast of current professional theory or
20 practice;
21 (C) physical or mental disability; or
22 (D) addiction to, abuse of, or severe dependency on alcohol or
23 other drugs that endanger the public by impairing a
24 practitioner's ability to practice safely;
25 (8) engaged in a course of lewd or immoral conduct in connection
26 with the delivery of services to the public;
27 (9) allowed the practitioner's name or a license issued under this
28 chapter to be used in connection with an individual or business
29 who renders services beyond the scope of that individual's or
30 business's training, experience, or competence;
31 (10) had disciplinary action taken against the practitioner or the
32 practitioner's license to practice in another state or jurisdiction on
33 grounds similar to those under this chapter;
34 (11) assisted another person in committing an act that would
35 constitute a ground for disciplinary sanction under this chapter;
36 or
37 (12) allowed a license issued by the department to be:
38 (A) used by another person; or
39 (B) displayed to the public when the license has expired, is
40 inactive, is invalid, or has been revoked or suspended.
41 For purposes of subdivision (10), a certified copy of a record of
42 disciplinary action constitutes prima facie evidence of a disciplinary
2023 IN 1615—LS 6934/DI 106 23
1 action in another jurisdiction.
2 (b) The department may impose one (1) or more of the following
3 sanctions if the department finds that a practitioner is subject to
4 disciplinary sanctions under subsection (a):
5 (1) Permanent revocation of a practitioner's license.
6 (2) Suspension of a practitioner's license.
7 (3) Censure of a practitioner.
8 (4) Issuance of a letter of reprimand.
9 (5) Assessment of a civil penalty against the practitioner in
10 accordance with the following:
11 (A) The civil penalty may not be more than one thousand
12 dollars ($1,000) for each violation listed in subsection (a),
13 except for a finding of incompetency due to a physical or
14 mental disability.
15 (B) When imposing a civil penalty, the department shall
16 consider a practitioner's ability to pay the amount assessed. If
17 the practitioner fails to pay the civil penalty within the time
18 specified by the department, the department may suspend the
19 practitioner's license without additional proceedings. However,
20 a suspension may not be imposed if the sole basis for the
21 suspension is the practitioner's inability to pay a civil penalty.
22 (6) Placement of a practitioner on probation status and
23 requirement of the practitioner to:
24 (A) report regularly to the department upon the matters that
25 are the basis of probation;
26 (B) limit practice to those areas prescribed by the department;
27 (C) continue or renew professional education approved by the
28 department until a satisfactory degree of skill has been attained
29 in those areas that are the basis of the probation; or
30 (D) perform or refrain from performing any acts, including
31 community restitution or service without compensation, that
32 the department considers appropriate to the public interest or
33 to the rehabilitation or treatment of the practitioner.
34 The department may withdraw or modify this probation if the
35 department finds after a hearing that the deficiency that required
36 disciplinary action has been remedied or that changed
37 circumstances warrant a modification of the order.
38 (c) If an applicant or a practitioner has engaged in or knowingly
39 cooperated in fraud or material deception to obtain a license to
40 practice, including cheating on the licensing examination, the
41 department may rescind the license if it has been granted, void the
42 examination or other fraudulent or deceptive material, and prohibit the
2023 IN 1615—LS 6934/DI 106 24
1 applicant from reapplying for the license for a length of time
2 established by the department.
3 (d) The department may deny licensure to an applicant who has had
4 disciplinary action taken against the applicant or the applicant's license
5 to practice in another state or jurisdiction or who has practiced without
6 a license in violation of the law. A certified copy of the record of
7 disciplinary action is conclusive evidence of the other jurisdiction's
8 disciplinary action.
9 (e) The department may order a practitioner to submit to a
10 reasonable physical or mental examination if the practitioner's physical
11 or mental capacity to practice safely and competently is at issue in a
12 disciplinary proceeding. Failure to comply with a department order to
13 submit to a physical or mental examination makes a practitioner liable
14 to temporary suspension under subsection (j).
15 (f) Except as provided under subsection (g) or (h), a license may not
16 be denied, revoked, or suspended because the applicant or holder has
17 been convicted of an offense. The acts from which the applicant's or
18 holder's conviction resulted may, however, be considered as to whether
19 the applicant or holder should be entrusted to serve the public in a
20 specific capacity.
21 (g) The department may deny, suspend, or revoke a license issued
22 under this chapter if the individual who holds the license is convicted
23 of any of the following:
24 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
25 (2) Possession of methamphetamine under IC 35-48-4-6.1.
26 (3) Possession of a controlled substance under IC 35-48-4-7(a).
27 (4) Fraudulently obtaining a controlled substance under
28 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
29 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
30 (5) Manufacture of paraphernalia as a Class D felony (for a crime
31 committed before July 1, 2014) or a Level 6 felony (for a crime
32 committed after June 30, 2014) under IC 35-48-4-8.1(b).
33 (6) Dealing in paraphernalia as a Class D felony (for a crime
34 committed before July 1, 2014) or a Level 6 felony (for a crime
35 committed after June 30, 2014) under IC 35-48-4-8.5(b).
36 (7) Possession of paraphernalia as a Class D felony (for a crime
37 committed before July 1, 2014) or a Level 6 felony (for a crime
38 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
39 its amendment on July 1, 2015).
40 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
41 D felony (for a crime committed before July 1, 2014) or a Level
42 6 felony (for a crime committed after June 30, 2014) under
2023 IN 1615—LS 6934/DI 106 25
1 IC 35-48-4-11.
2 (9) A felony offense under IC 35-48-4 involving possession of a
3 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
4 controlled substance analog (as defined in IC 35-48-1-9.3), or
5 possession of a synthetic drug lookalike substance (as defined in
6 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
7 (A) Class D felony for a crime committed before July 1, 2014;
8 or
9 (B) Level 6 felony for a crime committed after June 30, 2014;
10 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
11 (10) Maintaining a common nuisance under IC 35-48-4-13
12 (repealed) or IC 35-45-1-5, if the common nuisance involves a
13 controlled substance.
14 (11) An offense relating to registration, labeling, and prescription
15 forms under IC 35-48-4-14.
16 (h) The department shall deny, revoke, or suspend a license issued
17 under this chapter if the individual who holds the license is convicted
18 of any of the following:
19 (1) Dealing in a controlled substance resulting in death under
20 IC 35-42-1-1.5.
21 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
22 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
23 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
24 (5) Dealing in a schedule I, II, or III controlled substance under
25 IC 35-48-4-2.
26 (6) Dealing in a schedule IV controlled substance under
27 IC 35-48-4-3.
28 (7) Dealing in a schedule V controlled substance under
29 IC 35-48-4-4.
30 (8) Dealing in a substance represented to be a controlled
31 substance under IC 35-48-4-4.5 (repealed).
32 (9) Knowingly or intentionally manufacturing, advertising,
33 distributing, or possessing with intent to manufacture, advertise,
34 or distribute a substance represented to be a controlled substance
35 under IC 35-48-4-4.6.
36 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
37 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
38 under IC 35-48-4-10.
39 (12) An offense under IC 35-48-4 involving the manufacture or
40 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
41 synthetic drug lookalike substance (as defined in
42 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
2023 IN 1615—LS 6934/DI 106 26
1 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
2 substance analog (as defined in IC 35-48-1-9.3), or a substance
3 represented to be a controlled substance (as described in
4 IC 35-48-4-4.6).
5 (13) A violation of any federal or state drug law or rule related to
6 wholesale legend drug distributors licensed under IC 25-26-14.
7 (i) A decision of the department under subsections (b) through (h)
8 may be appealed to the commission under IC 4-21.5-3-7.
9 (j) The department may temporarily suspend a practitioner's license
10 under IC 4-21.5-4 before a final adjudication or during the appeals
11 process if the department finds that a practitioner represents a clear and
12 immediate danger to the public's health, safety, or property if the
13 practitioner is allowed to continue to practice.
14 (k) On receipt of a complaint or an information alleging that a
15 person licensed under this chapter has engaged in or is engaging in a
16 practice that jeopardizes the public health, safety, or welfare, the
17 department shall initiate an investigation against the person.
18 (l) Any complaint filed with the office of the attorney general
19 alleging a violation of this licensing program shall be referred to the
20 department for summary review and for its general information and any
21 authorized action at the time of the filing.
22 (m) The department shall conduct a fact finding investigation as the
23 department considers proper in relation to the complaint.
24 (n) The department may reinstate a license that has been suspended
25 under this section if, after a hearing, the department is satisfied that the
26 applicant is able to practice with reasonable skill, safety, and
27 competency to the public. As a condition of reinstatement, the
28 department may impose disciplinary or corrective measures authorized
29 under this chapter.
30 (o) The department may not reinstate a license that has been
31 revoked under this chapter. An individual whose license has been
32 revoked under this chapter may not apply for a new license until seven
33 (7) years after the date of revocation.
34 (p) The department shall seek to achieve consistency in the
35 application of sanctions authorized in this chapter. Significant
36 departures from prior decisions involving similar conduct must be
37 explained in the department's findings or orders.
38 (q) A practitioner may petition the department to accept the
39 surrender of the practitioner's license instead of having a hearing before
40 the commission. The practitioner may not surrender the practitioner's
41 license without the written approval of the department, and the
42 department may impose any conditions appropriate to the surrender or
2023 IN 1615—LS 6934/DI 106 27
1 reinstatement of a surrendered license.
2 (r) A practitioner who has been subjected to disciplinary sanctions
3 may be required by the commission to pay the costs of the proceeding.
4 The practitioner's ability to pay shall be considered when costs are
5 assessed. If the practitioner fails to pay the costs, a suspension may not
6 be imposed solely upon the practitioner's inability to pay the amount
7 assessed. The costs are limited to costs for the following:
8 (1) Court reporters.
9 (2) Transcripts.
10 (3) Certification of documents.
11 (4) Photo duplication.
12 (5) Witness attendance and mileage fees.
13 (6) Postage.
14 (7) Expert witnesses.
15 (8) Depositions.
16 (9) Notarizations.
17 SECTION 18. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
18 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2023]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
20 commission, or a committee may suspend, deny, or revoke a license or
21 certificate issued under this title by the board, the commission, or the
22 committee without an investigation by the office of the attorney general
23 if the individual who holds the license or certificate is convicted of any
24 of the following and the board, commission, or committee determines,
25 after the individual has appeared in person, that the offense affects the
26 individual's ability to perform the duties of the profession:
27 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
28 (2) Possession of methamphetamine under IC 35-48-4-6.1.
29 (3) Possession of a controlled substance under IC 35-48-4-7(a).
30 (4) Fraudulently obtaining a controlled substance under
31 IC 35-48-4-7(c).
32 (5) Manufacture of paraphernalia as a Class D felony (for a crime
33 committed before July 1, 2014) or a Level 6 felony (for a crime
34 committed after June 30, 2014) under IC 35-48-4-8.1(b).
35 (6) Dealing in paraphernalia as a Class D felony (for a crime
36 committed before July 1, 2014) or a Level 6 felony (for a crime
37 committed after June 30, 2014) under IC 35-48-4-8.5(b).
38 (7) Possession of paraphernalia as a Class D felony (for a crime
39 committed before July 1, 2014) or a Level 6 felony (for a crime
40 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
41 its amendment on July 1, 2015).
42 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
2023 IN 1615—LS 6934/DI 106 28
1 D felony (for a crime committed before July 1, 2014) or a Level
2 6 felony (for a crime committed after June 30, 2014) under
3 IC 35-48-4-11.
4 (9) A felony offense under IC 35-48-4 involving possession of a
5 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
6 controlled substance analog (as defined in IC 35-48-1-9.3), or
7 possession of a synthetic drug lookalike substance (as defined in
8 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
9 (A) Class D felony for a crime committed before July 1, 2014;
10 or
11 (B) Level 6 felony for a crime committed after June 30, 2014;
12 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
13 (10) Maintaining a common nuisance under IC 35-48-4-13
14 (repealed) or IC 35-45-1-5, if the common nuisance involves a
15 controlled substance.
16 (11) An offense relating to registration, labeling, and prescription
17 forms under IC 35-48-4-14.
18 (12) A sex crime under IC 35-42-4.
19 (13) A felony that reflects adversely on the individual's fitness to
20 hold a professional license.
21 SECTION 19. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
22 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2023]: Sec. 3. A board, a commission, or a committee shall
24 revoke or suspend a license or certificate issued under this title by the
25 board, the commission, or the committee if the individual who holds
26 the license or certificate is convicted of any of the following:
27 (1) Dealing in a controlled substance resulting in death under
28 IC 35-42-1-1.5.
29 (2) Dealing in or manufacturing cocaine or a narcotic drug under
30 IC 35-48-4-1.
31 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
32 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
33 (5) Dealing in a schedule I, II, or III controlled substance under
34 IC 35-48-4-2.
35 (6) Dealing in a schedule IV controlled substance under
36 IC 35-48-4-3.
37 (7) Dealing in a schedule V controlled substance under
38 IC 35-48-4-4.
39 (8) Dealing in a substance represented to be a controlled
40 substance under IC 35-48-4-4.5 (before its repeal on July 1,
41 2019).
42 (9) Knowingly or intentionally manufacturing, advertising,
2023 IN 1615—LS 6934/DI 106 29
1 distributing, or possessing with intent to manufacture, advertise,
2 or distribute a substance represented to be a controlled substance
3 under IC 35-48-4-4.6.
4 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
5 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
6 under IC 35-48-4-10.
7 (12) An offense under IC 35-48-4 involving the manufacture or
8 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
9 synthetic drug lookalike substance (as defined in
10 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
11 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
12 substance analog (as defined in IC 35-48-1-9.3), or a substance
13 represented to be a controlled substance (as described in
14 IC 35-48-4-4.6).
15 (13) A violation of any federal or state drug law or rule related to
16 wholesale legend drug distributors licensed under IC 25-26-14.
17 SECTION 20. IC 31-37-1-2, AS AMENDED BY P.L.84-2021,
18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2023]: Sec. 2. A child commits a delinquent act if, before
20 becoming eighteen (18) years of age, the child commits an act:
21 (1) that would be an offense if committed by an adult;
22 (2) in violation of IC 35-45-4-6; or
23 (3) in violation of IC 35-47-10-5; or
24 (4) in violation of IC 35-48-4-18;
25 except an act committed by a person over which the juvenile court
26 lacks jurisdiction under IC 31-30-1.
27 SECTION 21. IC 33-37-4-1, AS AMENDED BY P.L.24-2018,
28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2023]: Sec. 1. (a) For each action that results in a felony
30 conviction under IC 35-50-2 or a misdemeanor conviction under
31 IC 35-50-3, the clerk shall collect from the defendant a criminal costs
32 fee of one hundred twenty dollars ($120).
33 (b) In addition to the criminal costs fee collected under this section,
34 the clerk shall collect from the defendant the following fees if they are
35 required under IC 33-37-5:
36 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
37 IC 33-37-5-4).
38 (2) A marijuana eradication program fee (IC 33-37-5-7).
39 (3) (2) An alcohol and drug services program fee (IC
40 33-37-5-8(b)).
41 (4) (3) A law enforcement continuing education program fee (IC
42 33-37-5-8(c)).
2023 IN 1615—LS 6934/DI 106 30
1 (5) (4) A drug abuse, prosecution, interdiction, and correction fee
2 (IC 33-37-5-9).
3 (6) (5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
4 (7) (6) A child abuse prevention fee (IC 33-37-5-12).
5 (8) (7) A domestic violence prevention and treatment fee (IC
6 33-37-5-13).
7 (9) (8) A highway worksite zone fee (IC 33-37-5-14).
8 (10) (9) A deferred prosecution fee (IC 33-37-5-17).
9 (11) (10) A document storage fee (IC 33-37-5-20).
10 (12) (11) An automated record keeping fee (IC 33-37-5-21).
11 (13) (12) A late payment fee (IC 33-37-5-22).
12 (14) (13) A sexual assault victims assistance fee (IC 33-37-5-23).
13 (15) (14) A public defense administration fee (IC 33-37-5-21.2).
14 (16) (15) A judicial insurance adjustment fee (IC 33-37-5-25).
15 (17) (16) A judicial salaries fee (IC 33-37-5-26).
16 (18) (17) A court administration fee (IC 33-37-5-27).
17 (19) (18) A DNA sample processing fee (IC 33-37-5-26.2).
18 (c) Instead of the criminal costs fee prescribed by this section,
19 except for the automated record keeping fee (IC 33-37-5-21), the clerk
20 shall collect a pretrial diversion program fee if an agreement between
21 the prosecuting attorney and the accused person entered into under
22 IC 33-39-1-8 requires payment of those fees by the accused person.
23 The pretrial diversion program fee is:
24 (1) an initial user's fee of fifty dollars ($50) for a misdemeanor
25 offense;
26 (2) an initial user's fee of seventy-five dollars ($75) for a felony
27 offense;
28 (3) a monthly user's fee of twenty dollars ($20) for each month
29 that the person remains in the pretrial diversion program; and
30 (4) any additional program fee or cost that is:
31 (A) reasonably related to the person's rehabilitation; and
32 (B) approved by the court.
33 A monthly user fee may not be collected beyond the maximum length
34 of the possible sentence.
35 (d) The clerk shall transfer to the county auditor or city or town
36 fiscal officer the following fees, not later than thirty (30) days after the
37 fees are collected:
38 (1) The pretrial diversion fee.
39 (2) The marijuana eradication program fee.
40 (3) (2) The alcohol and drug services program fee.
41 (4) (3) The law enforcement continuing education program fee.
42 The auditor or fiscal officer shall deposit fees transferred under this
2023 IN 1615—LS 6934/DI 106 31
1 subsection in the appropriate user fee fund established under
2 IC 33-37-8.
3 (e) Unless otherwise directed by a court, if a clerk collects only part
4 of a criminal costs fee from a defendant under this section, the clerk
5 shall distribute the partial payment of the criminal costs fee as follows:
6 (1) The clerk shall apply the partial payment to general court
7 costs.
8 (2) If there is money remaining after the partial payment is
9 applied to general court costs under subdivision (1), the clerk
10 shall distribute the remainder of the partial payment for deposit in
11 the appropriate county user fee fund.
12 (3) If there is money remaining after distribution under
13 subdivision (2), the clerk shall distribute the remainder of the
14 partial payment for deposit in the state user fee fund.
15 (4) If there is money remaining after distribution under
16 subdivision (3), the clerk shall distribute the remainder of the
17 partial payment to any other applicable user fee fund.
18 (5) If there is money remaining after distribution under
19 subdivision (4), the clerk shall apply the remainder of the partial
20 payment to any outstanding fines owed by the defendant.
21 SECTION 22. IC 33-37-4-3, AS AMENDED BY P.L.85-2017,
22 SECTION 110, IS AMENDED TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The clerk shall collect a
24 juvenile costs fee of one hundred twenty dollars ($120) for each action
25 filed under any of the following:
26 (1) IC 31-34 (children in need of services).
27 (2) IC 31-37 (delinquent children).
28 (3) IC 31-14 (paternity).
29 (b) In addition to the juvenile costs fee collected under this section,
30 the clerk shall collect the following fees, if they are required under
31 IC 33-37-5:
32 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
33 IC 33-37-5-4).
34 (2) A marijuana eradication program fee (IC 33-37-5-7).
35 (3) (2) An alcohol and drug services program fee (IC
36 33-37-5-8(b)).
37 (4) (3) A law enforcement continuing education program fee (IC
38 33-37-5-8(c)).
39 (5) (4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
40 (6) (5) A document storage fee (IC 33-37-5-20).
41 (7) (6) An automated record keeping fee (IC 33-37-5-21).
42 (8) (7) A late payment fee (IC 33-37-5-22).
2023 IN 1615—LS 6934/DI 106 32
1 (9) (8) A public defense administration fee (IC 33-37-5-21.2).
2 (10) (9) A judicial insurance adjustment fee (IC 33-37-5-25).
3 (11) (10) A judicial salaries fee (IC 33-37-5-26).
4 (12) (11) A court administration fee (IC 33-37-5-27).
5 (13) (12) A DNA sample processing fee (IC 33-37-5-26.2).
6 (c) The clerk shall transfer to the county auditor or city or town
7 fiscal officer the following fees not later than thirty (30) days after they
8 are collected:
9 (1) The marijuana eradication program fee (IC 33-37-5-7).
10 (2) (1) The alcohol and drug services program fee (IC
11 33-37-5-8(b)).
12 (3) (2) The law enforcement continuing education program fee
13 (IC 33-37-5-8(c)).
14 The auditor or fiscal officer shall deposit the fees in the appropriate
15 user fee fund established under IC 33-37-8.
16 SECTION 23. IC 33-37-5-7 IS REPEALED [EFFECTIVE JULY 1,
17 2023]. Sec. 7. (a) This section applies to criminal actions.
18 (b) The clerk shall collect the marijuana eradication program fee set
19 by the court under IC 15-16-7-8, if:
20 (1) a weed control board has been established in the county under
21 IC 15-16-7-3; and
22 (2) the person has been convicted of an offense under IC 35-48-4
23 in a case prosecuted in that county.
24 (c) The court may set a fee under this section of not more than three
25 hundred dollars ($300).
26 SECTION 24. IC 33-37-7-2, AS AMENDED BY P.L.174-2022,
27 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2023]: Sec. 2. (a) The clerk of a circuit court shall distribute
29 semiannually to the auditor of state as the state share for deposit in the
30 homeowner protection unit account established by IC 4-6-12-9 one
31 hundred percent (100%) of the automated record keeping fees collected
32 under IC 33-37-5-21 with respect to actions resulting in the accused
33 person entering into a pretrial diversion program agreement under
34 IC 33-39-1-8 or a deferral program agreement under IC 34-28-5-1 and
35 for deposit in the state general fund seventy percent (70%) of the
36 amount of fees collected under the following:
37 (1) IC 33-37-4-1(a) (criminal costs fees).
38 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
39 (3) IC 33-37-4-3(a) (juvenile costs fees).
40 (4) IC 33-37-4-4(a) (civil costs fees).
41 (5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
42 (6) IC 33-37-4-7(a) (probate costs fees).
2023 IN 1615—LS 6934/DI 106 33
1 (7) IC 33-37-5-17 (deferred prosecution fees).
2 (b) The clerk of a circuit court shall distribute semiannually to the
3 auditor of state for deposit in the state user fee fund established in
4 IC 33-37-9-2 the following:
5 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
6 interdiction, and correction fees collected under
7 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
8 (2) Twenty-five percent (25%) of the alcohol and drug
9 countermeasures fees collected under IC 33-37-4-1(b)(6),
10 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
11 IC 33-37-4-3(b)(4).
12 (3) One hundred percent (100%) of the child abuse prevention
13 fees collected under IC 33-37-4-1(b)(7). IC 33-37-4-1(b)(6).
14 (4) One hundred percent (100%) of the domestic violence
15 prevention and treatment fees collected under IC 33-37-4-1(b)(8).
16 IC 33-37-4-1(b)(7).
17 (5) One hundred percent (100%) of the highway worksite zone
18 fees collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
19 IC 33-37-4-2(b)(5).
20 (6) Seventy-five percent (75%) of the safe schools fee collected
21 under IC 33-37-5-18.
22 (7) One hundred percent (100%) of the automated record keeping
23 fee collected under IC 33-37-5-21 not distributed under
24 subsection (a).
25 (c) The clerk of a circuit court shall distribute monthly to the county
26 auditor the following:
27 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
28 interdiction, and correction fees collected under
29 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
30 (2) Seventy-five percent (75%) of the alcohol and drug
31 countermeasures fees collected under IC 33-37-4-1(b)(6),
32 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
33 IC 33-37-4-3(b)(4).
34 The county auditor shall deposit fees distributed by a clerk under this
35 subsection into the county drug free community fund established under
36 IC 5-2-11.
37 (d) The clerk of a circuit court shall distribute monthly to the county
38 auditor one hundred percent (100%) of the late payment fees collected
39 under IC 33-37-5-22. The county auditor shall deposit fees distributed
40 by a clerk under this subsection as follows:
41 (1) If directed to do so by an ordinance adopted by the county
42 fiscal body, the county auditor shall deposit forty percent (40%)
2023 IN 1615—LS 6934/DI 106 34
1 of the fees in the clerk's record perpetuation fund established
2 under IC 33-37-5-2 and sixty percent (60%) of the fees in the
3 county general fund.
4 (2) If the county fiscal body has not adopted an ordinance
5 described in subdivision (1), the county auditor shall deposit all
6 the fees in the county general fund.
7 (e) The clerk of the circuit court shall distribute semiannually to the
8 auditor of state for deposit in the sexual assault victims assistance fund
9 established by IC 5-2-6-23(d) one hundred percent (100%) of the
10 sexual assault victims assistance fees collected under IC 33-37-5-23.
11 (f) The clerk of a circuit court shall distribute monthly to the county
12 auditor the following:
13 (1) One hundred percent (100%) of the support and maintenance
14 fees for cases designated as non-Title IV-D child support cases in
15 the Indiana support enforcement tracking system (ISETS) or the
16 successor statewide automated support enforcement system
17 collected under IC 33-37-5-6.
18 (2) The percentage share of the support and maintenance fees for
19 cases designated as Title IV-D child support cases in ISETS or the
20 successor statewide automated support enforcement system
21 collected under IC 33-37-5-6 that is reimbursable to the county at
22 the federal financial participation rate.
23 The county clerk shall distribute monthly to the department of child
24 services the percentage share of the support and maintenance fees for
25 cases designated as Title IV-D child support cases in ISETS, or the
26 successor statewide automated support enforcement system, collected
27 under IC 33-37-5-6 that is not reimbursable to the county at the
28 applicable federal financial participation rate.
29 (g) The clerk of a circuit court shall distribute monthly to the county
30 auditor the following:
31 (1) One hundred percent (100%) of the small claims service fee
32 under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
33 the county general fund.
34 (2) One hundred percent (100%) of the small claims garnishee
35 service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
36 deposit in the county general fund.
37 (3) Twenty-five percent (25%) of the safe schools fee collected
38 under IC 33-37-5-18 for deposit in the county general fund.
39 (h) This subsection does not apply to court administration fees
40 collected in small claims actions filed in a court described in IC 33-34.
41 The clerk of a circuit court shall semiannually distribute to the auditor
42 of state for deposit in the state general fund one hundred percent
2023 IN 1615—LS 6934/DI 106 35
1 (100%) of the following:
2 (1) The public defense administration fee collected under
3 IC 33-37-5-21.2.
4 (2) The judicial salaries fees collected under IC 33-37-5-26.
5 (3) The DNA sample processing fees collected under
6 IC 33-37-5-26.2.
7 (4) The court administration fees collected under IC 33-37-5-27.
8 (5) The judicial insurance adjustment fee collected under
9 IC 33-37-5-25.
10 (i) The proceeds of the service fee collected under
11 IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
12 follows:
13 (1) The clerk shall distribute one hundred percent (100%) of the
14 service fees collected in a circuit, superior, county, or probate
15 court to the county auditor for deposit in the county general fund.
16 (2) The clerk shall distribute one hundred percent (100%) of the
17 service fees collected in a city or town court to the city or town
18 fiscal officer for deposit in the city or town general fund.
19 (j) The proceeds of the garnishee service fee collected under
20 IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
21 follows:
22 (1) The clerk shall distribute one hundred percent (100%) of the
23 garnishee service fees collected in a circuit, superior, county, or
24 probate court to the county auditor for deposit in the county
25 general fund.
26 (2) The clerk shall distribute one hundred percent (100%) of the
27 garnishee service fees collected in a city or town court to the city
28 or town fiscal officer for deposit in the city or town general fund.
29 (k) The clerk of the circuit court shall distribute semiannually to the
30 auditor of state for deposit in the home ownership education account
31 established by IC 5-20-1-27 one hundred percent (100%) of the
32 following:
33 (1) The mortgage foreclosure counseling and education fees
34 collected under IC 33-37-5-33 (before its expiration on July 1,
35 2017).
36 (2) Any civil penalties imposed and collected by a court for a
37 violation of a court order in a foreclosure action under
38 IC 32-30-10.5.
39 (l) The clerk of a circuit court shall distribute semiannually to the
40 auditor of state one hundred percent (100%) of the pro bono legal
41 services fees collected before July 1, 2025, under IC 33-37-5-31. The
42 auditor of state shall transfer semiannually the pro bono legal services
2023 IN 1615—LS 6934/DI 106 36
1 fees to the Indiana Bar Foundation (or a successor entity) as the entity
2 designated to organize and administer the interest on lawyers trust
3 accounts (IOLTA) program under Rule 1.15 of the Rules of
4 Professional Conduct of the Indiana supreme court. The Indiana Bar
5 Foundation shall:
6 (1) deposit in an appropriate account and otherwise manage the
7 fees the Indiana Bar Foundation receives under this subsection in
8 the same manner the Indiana Bar Foundation deposits and
9 manages the net earnings the Indiana Bar Foundation receives
10 from IOLTA accounts; and
11 (2) use the fees the Indiana Bar Foundation receives under this
12 subsection to assist or establish approved pro bono legal services
13 programs.
14 The handling and expenditure of the pro bono legal services fees
15 received under this section by the Indiana Bar Foundation (or its
16 successor entity) are subject to audit by the state board of accounts. The
17 amounts necessary to make the transfers required by this subsection are
18 appropriated from the state general fund.
19 SECTION 25. IC 33-37-7-8, AS AMENDED BY P.L.174-2022,
20 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2023]: Sec. 8. (a) The clerk of a city or town court shall
22 distribute semiannually to the auditor of state as the state share for
23 deposit in the homeowner protection unit account established by
24 IC 4-6-12-9 one hundred percent (100%) of the automated record
25 keeping fees collected under IC 33-37-5-21 with respect to actions
26 resulting in the accused person entering into a pretrial diversion
27 program agreement under IC 33-39-1-8 or a deferral program
28 agreement under IC 34-28-5-1 and for deposit in the state general fund
29 fifty-five percent (55%) of the amount of fees collected under the
30 following:
31 (1) IC 33-37-4-1(a) (criminal costs fees).
32 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
33 (3) IC 33-37-4-4(a) (civil costs fees).
34 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
35 (5) IC 33-37-5-17 (deferred prosecution fees).
36 (b) The city or town fiscal officer shall distribute monthly to the
37 county auditor as the county share twenty percent (20%) of the amount
38 of fees collected under the following:
39 (1) IC 33-37-4-1(a) (criminal costs fees).
40 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
41 (3) IC 33-37-4-4(a) (civil costs fees).
42 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
2023 IN 1615—LS 6934/DI 106 37
1 (5) IC 33-37-5-17 (deferred prosecution fees).
2 (c) The city or town fiscal officer shall retain twenty-five percent
3 (25%) as the city or town share of the fees collected under the
4 following:
5 (1) IC 33-37-4-1(a) (criminal costs fees).
6 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
7 (3) IC 33-37-4-4(a) (civil costs fees).
8 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
9 (5) IC 33-37-5-17 (deferred prosecution fees).
10 (d) The clerk of a city or town court shall distribute semiannually to
11 the auditor of state for deposit in the state user fee fund established in
12 IC 33-37-9 the following:
13 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
14 interdiction, and correction fees collected under
15 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
16 (2) Twenty-five percent (25%) of the alcohol and drug
17 countermeasures fees collected under IC 33-37-4-1(b)(6),
18 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
19 IC 33-37-4-3(b)(4).
20 (3) One hundred percent (100%) of the highway worksite zone
21 fees collected under IC 33-37-4-1(b)(9) IC 33-37-4-1(b)(8) and
22 IC 33-37-4-2(b)(5).
23 (4) Seventy-five percent (75%) of the safe schools fee collected
24 under IC 33-37-5-18.
25 (5) One hundred percent (100%) of the automated record keeping
26 fee collected under IC 33-37-5-21 not distributed under
27 subsection (a).
28 (e) The clerk of a city or town court shall distribute monthly to the
29 county auditor the following:
30 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
31 interdiction, and correction fees collected under
32 IC 33-37-4-1(b)(5). IC 33-37-4-1(b)(4).
33 (2) Seventy-five percent (75%) of the alcohol and drug
34 countermeasures fees collected under IC 33-37-4-1(b)(6),
35 IC 33-37-4-1(b)(5), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
36 IC 33-37-4-3(b)(4).
37 The county auditor shall deposit fees distributed by a clerk under this
38 subsection into the county drug free community fund established under
39 IC 5-2-11.
40 (f) The clerk of a city or town court shall distribute monthly to the
41 city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
42 percent (100%) of the following:
2023 IN 1615—LS 6934/DI 106 38
1 (1) The late payment fees collected under IC 33-37-5-22.
2 (2) The small claims service fee collected under
3 IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
4 (3) The small claims garnishee service fee collected under
5 IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
6 (4) Twenty-five percent (25%) of the safe schools fee collected
7 under IC 33-37-5-18.
8 The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
9 fees distributed by a clerk under this subsection in the city or town
10 general fund.
11 (g) The clerk of a city or town court shall semiannually distribute to
12 the auditor of state for deposit in the state general fund one hundred
13 percent (100%) of the following:
14 (1) The public defense administration fee collected under
15 IC 33-37-5-21.2.
16 (2) The DNA sample processing fees collected under
17 IC 33-37-5-26.2.
18 (3) The court administration fees collected under IC 33-37-5-27.
19 (4) The judicial insurance adjustment fee collected under
20 IC 33-37-5-25.
21 (h) The clerk of a city or town court shall semiannually distribute to
22 the auditor of state for deposit in the state general fund seventy-five
23 percent (75%) of the judicial salaries fee collected under
24 IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
25 percent (25%) of the judicial salaries fee collected under
26 IC 33-37-5-26. The funds retained by the city or town shall be
27 prioritized to fund city or town court operations.
28 (i) The clerk of a city or town court shall distribute semiannually to
29 the auditor of state one hundred percent (100%) of the pro bono legal
30 services fees collected before July 1, 2025, under IC 33-37-5-31. The
31 auditor of state shall transfer semiannually the pro bono legal services
32 fees to the Indiana Bar Foundation (or a successor entity) as the entity
33 designated to organize and administer the interest on lawyers trust
34 accounts (IOLTA) program under Rule 1.15 of the Rules of
35 Professional Conduct of the Indiana supreme court. The Indiana Bar
36 Foundation shall:
37 (1) deposit in an appropriate account and otherwise manage the
38 fees the Indiana Bar Foundation receives under this subsection in
39 the same manner the Indiana Bar Foundation deposits and
40 manages the net earnings the Indiana Bar Foundation receives
41 from IOLTA accounts; and
42 (2) use the fees the Indiana Bar Foundation receives under this
2023 IN 1615—LS 6934/DI 106 39
1 subsection to assist or establish approved pro bono legal services
2 programs.
3 The handling and expenditure of the pro bono legal services fees
4 received under this section by the Indiana Bar Foundation (or its
5 successor entity) are subject to audit by the state board of accounts. The
6 amounts necessary to make the transfers required by this subsection are
7 appropriated from the state general fund.
8 SECTION 26. IC 33-37-8-5, AS AMENDED BY P.L.101-2022,
9 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2023]: Sec. 5. (a) A county user fee fund is established in each
11 county to finance various program services. The county fund is
12 administered by the county auditor.
13 (b) The county fund consists of the following fees collected by a
14 clerk under this article:
15 (1) The pretrial diversion program fee.
16 (2) The marijuana eradication program fee.
17 (3) (2) The alcohol and drug services program fee.
18 (4) (3) The law enforcement continuing education program fee.
19 (5) (4) The deferral program fee.
20 (6) (5) The jury fee.
21 (7) (6) The problem solving court fee.
22 (c) All of the jury fee and two dollars ($2) of a deferral program fee
23 collected under IC 33-37-4-2(e) shall be deposited by the county
24 auditor in the jury pay fund established under IC 33-37-11.
25 SECTION 27. IC 34-24-1-1, AS AMENDED BY P.L.174-2021,
26 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2023]: Sec. 1. (a) The following may be seized:
28 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
29 or are intended for use by the person or persons in possession of
30 them to transport or in any manner to facilitate the transportation
31 of the following:
32 (A) A controlled substance for the purpose of committing,
33 attempting to commit, or conspiring to commit any of the
34 following:
35 (i) Dealing in or manufacturing cocaine or a narcotic drug
36 (IC 35-48-4-1).
37 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
38 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
39 (iv) Dealing in a schedule I, II, or III controlled substance
40 (IC 35-48-4-2).
41 (v) Dealing in a schedule IV controlled substance (IC
42 35-48-4-3).
2023 IN 1615—LS 6934/DI 106 40
1 (vi) Dealing in a schedule V controlled substance (IC
2 35-48-4-4).
3 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
4 (viii) Possession of cocaine or a narcotic drug (IC
5 35-48-4-6).
6 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
7 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
8 (xi) Dealing in marijuana (before July 1, 2023), hash oil,
9 hashish, or salvia (IC 35-48-4-10).
10 (xii) An offense under IC 35-48-4 involving a synthetic drug
11 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
12 substance (as defined in IC 35-31.5-2-321.5 (before its
13 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
14 repeal on July 1, 2019), a controlled substance analog (as
15 defined in IC 35-48-1-9.3), or a substance represented to be
16 a controlled substance (as described in IC 35-48-4-4.6).
17 (B) Any stolen (IC 35-43-4-2) or converted property (IC
18 35-43-4-3) if the retail or repurchase value of that property is
19 one hundred dollars ($100) or more.
20 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
21 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
22 mass destruction (as defined in IC 35-31.5-2-354) used to
23 commit, used in an attempt to commit, or used in a conspiracy
24 to commit a felony terrorist offense (as defined in
25 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
26 furtherance of an act of terrorism (as defined by
27 IC 35-31.5-2-329).
28 (2) All money, negotiable instruments, securities, weapons,
29 communications devices, or any property used to commit, used in
30 an attempt to commit, or used in a conspiracy to commit a felony
31 terrorist offense (as defined in IC 35-50-2-18) or an offense under
32 IC 35-47 as part of or in furtherance of an act of terrorism or
33 commonly used as consideration for a violation of IC 35-48-4
34 (other than items subject to forfeiture under IC 16-42-20-5 or
35 IC 16-6-8.5-5.1, before its repeal):
36 (A) furnished or intended to be furnished by any person in
37 exchange for an act that is in violation of a criminal statute;
38 (B) used to facilitate any violation of a criminal statute; or
39 (C) traceable as proceeds of the violation of a criminal statute.
40 (3) Any portion of real or personal property purchased with
41 money that is traceable as a proceed of a violation of a criminal
42 statute.
2023 IN 1615—LS 6934/DI 106 41
1 (4) A vehicle that is used by a person to:
2 (A) commit, attempt to commit, or conspire to commit;
3 (B) facilitate the commission of; or
4 (C) escape from the commission of;
5 murder (IC 35-42-1-1), dealing in a controlled substance resulting
6 in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal
7 confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
8 (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
9 under IC 35-47 as part of or in furtherance of an act of terrorism.
10 (5) Real property owned by a person who uses it to commit any of
11 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
12 felony:
13 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
14 35-48-4-1).
15 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
16 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
17 (D) Dealing in a schedule I, II, or III controlled substance (IC
18 35-48-4-2).
19 (E) Dealing in a schedule IV controlled substance (IC
20 35-48-4-3).
21 (F) Dealing in marijuana (before July 1, 2023), hash oil,
22 hashish, or salvia (IC 35-48-4-10).
23 (G) Dealing in a synthetic drug (as defined in
24 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
25 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
26 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
27 2019).
28 (H) Dealing in a controlled substance resulting in death (IC
29 35-42-1-1.5).
30 (6) Equipment and recordings used by a person to commit fraud
31 under IC 35-43-5.
32 (7) Recordings sold, rented, transported, or possessed by a person
33 in violation of IC 24-4-10.
34 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
35 defined by IC 35-45-6-1) that is the object of a corrupt business
36 influence violation (IC 35-45-6-2).
37 (9) Unlawful telecommunications devices (as defined in
38 IC 35-45-13-6) and plans, instructions, or publications used to
39 commit an offense under IC 35-45-13.
40 (10) Any equipment, including computer equipment and cellular
41 telephones, used for or intended for use in preparing,
42 photographing, recording, videotaping, digitizing, printing,
2023 IN 1615—LS 6934/DI 106 42
1 copying, or disseminating matter in violation of IC 35-42-4.
2 (11) Destructive devices used, possessed, transported, or sold in
3 violation of IC 35-47.5.
4 (12) Tobacco products that are sold in violation of IC 24-3-5,
5 tobacco products that a person attempts to sell in violation of
6 IC 24-3-5, and other personal property owned and used by a
7 person to facilitate a violation of IC 24-3-5.
8 (13) Property used by a person to commit counterfeiting or
9 forgery in violation of IC 35-43-5-2.
10 (14) After December 31, 2005, if a person is convicted of an
11 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
12 following real or personal property:
13 (A) Property used or intended to be used to commit, facilitate,
14 or promote the commission of the offense.
15 (B) Property constituting, derived from, or traceable to the
16 gross proceeds that the person obtained directly or indirectly
17 as a result of the offense.
18 (15) Except as provided in subsection (e), a vehicle used by a
19 person who operates the vehicle:
20 (A) while intoxicated, in violation of IC 9-30-5-1 through
21 IC 9-30-5-5, if in the previous five (5) years the person has two
22 (2) or more prior unrelated convictions for operating a motor
23 vehicle while intoxicated in violation of IC 9-30-5-1 through
24 IC 9-30-5-5; or
25 (B) on a highway while the person's driving privileges are
26 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
27 if in the previous five (5) years the person has two (2) or more
28 prior unrelated convictions for operating a vehicle while
29 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
30 If a court orders the seizure of a vehicle under this subdivision,
31 the court shall transmit an order to the bureau of motor vehicles
32 recommending that the bureau not permit a vehicle to be
33 registered in the name of the person whose vehicle was seized
34 until the person possesses a current driving license (as defined in
35 IC 9-13-2-41).
36 (16) The following real or personal property:
37 (A) Property used or intended to be used to commit, facilitate,
38 or promote the commission of an offense specified in
39 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
40 IC 30-2-13-38(f).
41 (B) Property constituting, derived from, or traceable to the
42 gross proceeds that a person obtains directly or indirectly as a
2023 IN 1615—LS 6934/DI 106 43
1 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
2 IC 30-2-10-9(b), or IC 30-2-13-38(f).
3 (17) Real or personal property, including a vehicle, that is used by
4 a person to:
5 (A) commit, attempt to commit, or conspire to commit;
6 (B) facilitate the commission of; or
7 (C) escape from the commission of;
8 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
9 trafficking) or IC 35-45-4-4 (promoting prostitution).
10 (b) A vehicle used by any person as a common or contract carrier in
11 the transaction of business as a common or contract carrier is not
12 subject to seizure under this section, unless it can be proven by a
13 preponderance of the evidence that the owner of the vehicle knowingly
14 permitted the vehicle to be used to engage in conduct that subjects it to
15 seizure under subsection (a).
16 (c) Equipment under subsection (a)(10) may not be seized unless it
17 can be proven by a preponderance of the evidence that the owner of the
18 equipment knowingly permitted the equipment to be used to engage in
19 conduct that subjects it to seizure under subsection (a)(10).
20 (d) Money, negotiable instruments, securities, weapons,
21 communications devices, or any property commonly used as
22 consideration for a violation of IC 35-48-4 found near or on a person
23 who is committing, attempting to commit, or conspiring to commit any
24 of the following offenses shall be admitted into evidence in an action
25 under this chapter as prima facie evidence that the money, negotiable
26 instrument, security, or other thing of value is property that has been
27 used or was to have been used to facilitate the violation of a criminal
28 statute or is the proceeds of the violation of a criminal statute:
29 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
30 death).
31 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
32 narcotic drug).
33 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
34 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
35 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
36 substance).
37 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
38 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
39 as a Level 4 felony.
40 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
41 Level 3, Level 4, or Level 5 felony.
42 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
2023 IN 1615—LS 6934/DI 106 44
1 3, Level 4, or Level 5 felony.
2 (10) IC 35-48-4-10 (dealing in marijuana (before July 1, 2023),
3 hash oil, hashish, or salvia) as a Level 5 felony.
4 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
5 in a synthetic drug or synthetic drug lookalike substance) as a
6 Level 5 felony or Level 6 felony (or as a Class C felony or Class
7 D felony under IC 35-48-4-10 before its amendment in 2013).
8 (e) A vehicle operated by a person who is not:
9 (1) an owner of the vehicle; or
10 (2) the spouse of the person who owns the vehicle;
11 is not subject to seizure under subsection (a)(15) unless it can be
12 proven by a preponderance of the evidence that the owner of the
13 vehicle knowingly permitted the vehicle to be used to engage in
14 conduct that subjects it to seizure under subsection (a)(15).
15 SECTION 28. IC 35-31.5-2-33.3 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2023]: Sec. 33.3. "Cannabis", for purposes
18 of IC 35-48, has the meaning set forth in IC 35-48-1-19.
19 SECTION 29. IC 35-31.5-2-195 IS REPEALED [EFFECTIVE
20 JULY 1, 2023]. Sec. 195. "Marijuana", for purposes of IC 35-48, has
21 the meaning set forth in IC 35-48-1-19.
22 SECTION 30. IC 35-45-1-5, AS AMENDED BY P.L.144-2018,
23 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2023]: Sec. 5. (a) As used in this section, "common nuisance"
25 means a building, structure, vehicle, or other place that is used for (1)
26 or more of the following purposes:
27 (1) To buy an alcoholic beverage in violation of IC 7.1-5-10-5.
28 (2) To unlawfully use, keep, or sell a legend drug.
29 (3) To unlawfully:
30 (A) use;
31 (B) manufacture;
32 (C) keep;
33 (D) offer for sale;
34 (E) sell;
35 (F) deliver; or
36 (G) finance the delivery of;
37 a controlled substance or an item of drug paraphernalia (as
38 described in IC 35-48-4-8.5).
39 (4) To provide a location for a person to pay, offer to pay, or agree
40 to pay money or other property to another person for a human
41 trafficking victim or an act performed by a human trafficking
42 victim.
2023 IN 1615—LS 6934/DI 106 45
1 (5) To provide a location for a person to commit a violation of
2 IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human trafficking).
3 (b) A person who knowingly or intentionally visits a common
4 nuisance described in subsections (a)(1) through (a)(4) commits
5 visiting a common nuisance. The offense is a:
6 (1) Class B misdemeanor if the common nuisance is used for the
7 unlawful:
8 (A) sale of an alcoholic beverage as set forth in subsection
9 (a)(1);
10 (B) use, keeping, or sale of a legend drug as set forth in
11 subsection (a)(2); or
12 (C) use, manufacture, keeping, offer for sale, sale, delivery, or
13 financing the delivery of a controlled substance or item of drug
14 paraphernalia (as described in IC 35-48-4-8.5), as set forth in
15 subsection (a)(3);
16 (2) Class A misdemeanor if:
17 (A) the common nuisance is used as a location for a person to
18 pay, offer to pay, or agree to pay for a human trafficking victim
19 or an act performed by a human trafficking victim as set forth
20 in subsection (a)(4); or
21 (B) the person knowingly, intentionally, or recklessly takes a
22 person less than eighteen (18) years of age or an endangered
23 adult (as defined in IC 12-10-3-2) into a common nuisance
24 used to unlawfully:
25 (i) use;
26 (ii) manufacture;
27 (iii) keep;
28 (iv) offer for sale;
29 (v) sell;
30 (vi) deliver; or
31 (vii) finance the delivery of;
32 a controlled substance or an item of drug paraphernalia, as set
33 forth in subsection (a)(3); and
34 (3) Level 6 felony if the person:
35 (A) knowingly, intentionally, or recklessly takes a person less
36 than eighteen (18) years of age or an endangered adult (as
37 defined in IC 12-10-3-2) into a common nuisance used to
38 unlawfully:
39 (i) use;
40 (ii) manufacture;
41 (iii) keep;
42 (iv) offer for sale;
2023 IN 1615—LS 6934/DI 106 46
1 (v) sell;
2 (vi) deliver; or
3 (vii) finance the delivery of;
4 a controlled substance or an item of drug paraphernalia, as set
5 forth in subsection (a)(3); and
6 (B) has a prior unrelated conviction for a violation of this
7 section involving a controlled substance or drug paraphernalia.
8 (c) A person who knowingly or intentionally maintains a common
9 nuisance commits maintaining a common nuisance, a Level 6 felony.
10 (d) It is a defense to a prosecution under subsection (c) that:
11 (1) the offense involves only the unlawful use or keeping of:
12 (A) less than:
13 (i) thirty (30) grams of marijuana (for an offense
14 committed before July 1, 2023); or
15 (ii) five (5) grams of hash oil, hashish, or salvia; or
16 (B) an item of drug paraphernalia (as described in
17 IC 35-48-4-8.5) that is designed for use with, or intended to be
18 used for, marijuana (for an offense committed before July 1,
19 2023), hash oil, hashish, or salvia; and
20 (2) the person does not have a prior unrelated conviction for a
21 violation of subsection (c).
22 SECTION 31. IC 35-45-6-1, AS AMENDED BY P.L.25-2022,
23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2023]: Sec. 1. (a) The definitions in this section apply
25 throughout this chapter.
26 (b) "Documentary material" means any document, drawing,
27 photograph, recording, or other tangible item containing compiled data
28 from which information can be either obtained or translated into a
29 usable form.
30 (c) "Enterprise" means:
31 (1) a sole proprietorship, corporation, limited liability company,
32 partnership, business trust, or governmental entity; or
33 (2) a union, an association, or a group, whether a legal entity or
34 merely associated in fact.
35 (d) "Pattern of racketeering activity" means engaging in at least two
36 (2) incidents of racketeering activity that have the same or similar
37 intent, result, accomplice, victim, or method of commission, or that are
38 otherwise interrelated by distinguishing characteristics that are not
39 isolated incidents. However, the incidents are a pattern of racketeering
40 activity only if at least one (1) of the incidents occurred after August
41 31, 1980, and if the last of the incidents occurred within five (5) years
42 after a prior incident of racketeering activity.
2023 IN 1615—LS 6934/DI 106 47
1 (e) "Racketeering activity" means to commit, to attempt to commit,
2 to conspire to commit a violation of, or aiding and abetting in a
3 violation of any of the following:
4 (1) A provision of IC 23-19, or of a rule or order issued under
5 IC 23-19.
6 (2) A violation of IC 35-45-9.
7 (3) A violation of IC 35-47.
8 (4) A violation of IC 35-49-3.
9 (5) Murder (IC 35-42-1-1).
10 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
11 felony after June 30, 2014 (IC 35-42-2-1).
12 (7) Kidnapping (IC 35-42-3-2).
13 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
14 (9) Child exploitation (IC 35-42-4-4).
15 (10) Robbery (IC 35-42-5-1).
16 (11) Carjacking (IC 35-42-5-2) (before its repeal).
17 (12) Arson (IC 35-43-1-1).
18 (13) Burglary (IC 35-43-2-1).
19 (14) Theft (IC 35-43-4-2).
20 (15) Receiving stolen property (IC 35-43-4-2) (before its
21 amendment on July 1, 2018).
22 (16) Forgery (IC 35-43-5-2).
23 (17) An offense under IC 35-43-5.
24 (18) Bribery (IC 35-44.1-1-2).
25 (19) Official misconduct (IC 35-44.1-1-1).
26 (20) Conflict of interest (IC 35-44.1-1-4).
27 (21) Perjury (IC 35-44.1-2-1).
28 (22) Obstruction of justice (IC 35-44.1-2-2).
29 (23) Intimidation (IC 35-45-2-1).
30 (24) Promoting prostitution (IC 35-45-4-4).
31 (25) Professional gambling (IC 35-45-5-3).
32 (26) Maintaining a professional gambling site (IC
33 35-45-5-3.5(b)).
34 (27) Promoting professional gambling (IC 35-45-5-4).
35 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
36 35-48-4-1).
37 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
38 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
39 (31) Dealing in a schedule I, II, or III controlled substance (IC
40 35-48-4-2).
41 (32) Dealing in a schedule IV controlled substance (IC
42 35-48-4-3).
2023 IN 1615—LS 6934/DI 106 48
1 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
2 (34) Dealing in marijuana, hash oil, hashish, or salvia (IC
3 35-48-4-10).
4 (35) Money laundering (IC 35-45-15-5).
5 (36) A violation of IC 35-47.5-5.
6 (37) A violation of any of the following:
7 (A) IC 23-14-48-9.
8 (B) IC 30-2-9-7(b).
9 (C) IC 30-2-10-9(b).
10 (D) IC 30-2-13-38(f).
11 (38) Practice of law by a person who is not an attorney (IC
12 33-43-2-1).
13 (39) An offense listed in IC 35-48-4 involving the manufacture or
14 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
15 synthetic drug lookalike substance (as defined in
16 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
17 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
18 substance analog (as defined in IC 35-48-1-9.3), or a substance
19 represented to be a controlled substance (as described in
20 IC 35-48-4-4.6).
21 (40) Dealing in a controlled substance resulting in death (IC
22 35-42-1-1.5).
23 SECTION 32. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
24 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2023]: Sec. 6. (a) Except as provided in subsections (b) and
26 (c) and (d), a person who operates a motorboat while:
27 (1) having an alcohol concentration equivalent (as defined in
28 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
29 per:
30 (A) one hundred (100) milliliters of the person's blood; or
31 (B) two hundred ten (210) liters of the person's breath;
32 (2) having a controlled substance listed in schedule I or II of
33 IC 35-48-2 or its metabolite, not including THC, in the person's
34 body; or
35 (3) intoxicated;
36 commits a Class C misdemeanor.
37 (b) A person who:
38 (1) operates a vehicle with at least five (5) nanograms per
39 milliliter of THC in the person's whole blood; and
40 (2) is impaired;
41 commits a Class C misdemeanor.
42 (b) (c) The offense under subsection (a) or (b) is a Level 6 felony
2023 IN 1615—LS 6934/DI 106 49
1 if:
2 (1) the person has a previous conviction under:
3 (A) IC 14-1-5 (repealed);
4 (B) IC 14-15-8-8 (repealed); or
5 (C) this chapter; or
6 (2) the offense results in serious bodily injury to another person.
7 (c) (d) The offense under subsection (a) or (b) is a Level 5 felony
8 if the offense results in the death or catastrophic injury of another
9 person.
10 (d) (e) It is a defense to a prosecution under subsection (a)(2) that
11 the accused person consumed the controlled substance in accordance
12 with a valid prescription or order of a practitioner (as defined in
13 IC 35-48-1-24) who acted in the course of the practitioner's
14 professional practice.
15 SECTION 33. IC 35-48-1-16.5, AS AMENDED BY P.L.142-2020,
16 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2023]: Sec. 16.5. "Enhancing circumstance" means one (1) or
18 more of the following:
19 (1) The person has a prior conviction for dealing in a controlled
20 substance that is not marijuana (before July 1, 2023), hashish,
21 hash oil, or salvia divinorum.
22 (2) The person committed the offense while in possession of a
23 firearm.
24 (3) The person committed the offense:
25 (A) on a school bus; or
26 (B) in, on, or within five hundred (500) feet of:
27 (i) school property while a person under eighteen (18) years
28 of age was reasonably expected to be present; or
29 (ii) a public park while a person under eighteen (18) years
30 of age was reasonably expected to be present.
31 (4) The person delivered or financed the delivery of the drug to a
32 person under eighteen (18) years of age at least three (3) years
33 junior to the person.
34 (5) The person manufactured or financed the manufacture of the
35 drug.
36 (6) The person committed the offense in the physical presence of
37 a child less than eighteen (18) years of age, knowing that the child
38 was present and might be able to see or hear the offense.
39 (7) The person committed the offense on the property of a:
40 (A) penal facility; or
41 (B) juvenile facility (as defined in IC 35-44.1-3-5).
42 (8) The person knowingly committed the offense in, on, or within
2023 IN 1615—LS 6934/DI 106 50
1 one hundred (100) feet of a facility. For purposes of this
2 subdivision, "facility" means a place that is:
3 (A) created and funded under IC 12-23-14 or IC 33-23-16;
4 (B) certified under IC 12-23-1-6; or
5 (C) used for the purpose of conducting a recovery or support
6 group meeting;
7 and at which a drug abuser (as defined in IC 12-7-2-73) may be
8 provided with treatment, care, or rehabilitation.
9 SECTION 34. IC 35-48-1-18, AS AMENDED BY P.L.158-2013,
10 SECTION 620, IS AMENDED TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2023]: Sec. 18. "Manufacture" means the
12 following:
13 (1) For offenses not involving marijuana hashish or hash oil:
14 (A) the production, preparation, propagation, compounding,
15 conversion, or processing of a controlled substance, either
16 directly or indirectly by extraction from substances of natural
17 origin, independently by means of chemical synthesis, or by a
18 combination of extraction and chemical synthesis, and
19 includes any packaging or repackaging of the substance or
20 labeling or relabeling of its container. It does not include the
21 preparation, compounding, packaging, or labeling of a
22 controlled substance:
23 (i) by a practitioner as an incident to administering or
24 dispensing of a controlled substance in the course of a
25 professional practice; or
26 (ii) by a practitioner, or by the practitioner's authorized agent
27 under the practitioner's supervision, for the purpose of, or as
28 an incident to, research, teaching, or chemical analysis and
29 not for sale; or
30 (B) the organizing or supervising of an activity described in
31 clause (A).
32 (2) For offenses involving marijuana hashish or hash oil:
33 (A) the preparation, compounding, conversion, or processing
34 of marijuana hashish or hash oil, either directly or indirectly by
35 extraction from substances of natural origin, independently by
36 means of chemical synthesis, or by a combination of extraction
37 and chemical synthesis, and includes any packaging or
38 repackaging of the marijuana hashish or hash oil, or labeling
39 or relabeling of its container. It does not include planting,
40 growing, cultivating, or harvesting a plant, or the preparation,
41 compounding, packaging, or labeling of marijuana hashish or
42 hash oil:
2023 IN 1615—LS 6934/DI 106 51
1 (i) by a practitioner as an incident to lawfully administering
2 or dispensing of marijuana hashish or hash oil in the course
3 of a professional practice; or
4 (ii) by a practitioner, or by the practitioner's authorized agent
5 under the practitioner's supervision, for the purpose of, or as
6 an incident to, research, teaching, or chemical analysis and
7 not for sale; or
8 (B) the organizing or supervising of an activity described in
9 clause (A).
10 SECTION 35. IC 35-48-1-19, AS AMENDED BY P.L.190-2019,
11 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2023]: Sec. 19. (a) "Marijuana" "Cannabis" means any part
13 of the plant genus Cannabis whether growing or not; the seeds thereof;
14 the resin extracted from any part of the plant, including hashish and
15 hash oil; any compound, manufacture, salt, derivative, mixture, or
16 preparation of the plant, its seeds or resin.
17 (b) The term does not include:
18 (1) the mature stalks of the plant;
19 (2) fiber produced from the stalks;
20 (3) oil or cake made from the seeds of the plant;
21 (4) any other compound, manufacture, salt, derivative, mixture,
22 or preparation of the mature stalks (except the resin extracted
23 therefrom);
24 (5) the sterilized seed of the plant which is incapable of
25 germination;
26 (6) hemp (as defined by IC 15-15-13-6);
27 (7) low THC hemp extract; or
28 (8) smokable hemp.
29 SECTION 36. IC 35-48-2-4, AS AMENDED BY P.L.10-2021,
30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2023]: Sec. 4. (a) The controlled substances listed in this
32 section are included in schedule I.
33 (b) Opiates. Any of the following opiates, including their isomers,
34 esters, ethers, salts, and salts of isomers, esters, and ethers, unless
35 specifically excepted by rule of the board or unless listed in another
36 schedule, whenever the existence of these isomers, esters, ethers, and
37 salts is possible within the specific chemical designation:
38 4-fluoroisobutyryl fentanyl
39 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
40 piperidinyl]-N-phenylacetamide) (9815)
41 Acetyl fentanyl (Other names include:
42 N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)
2023 IN 1615—LS 6934/DI 106 52
1 Acetylmethadol (9601)
2 Acrylfentanyl. Other name: N-(1-phenethylpiperidin-4-yl)-
3 N-phenylacrylamide
4 Allylprodine (9602)
5 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
6 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
7 Alphacetylmethadol (9603)
8 Alphameprodine (9604)
9 Alphamethadol (9605)
10 Alphamethylfentanyl (9814)
11 Benzethidine (9606)
12 Beta-hydroxy-3-methylfentanyl (9831). Other name:
13 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
14 ]-N-phenylpropanamide
15 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
16 phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
17 Betacetylmethadol (9607)
18 Betameprodine (9608)
19 Betamethadol (9609)
20 Betaprodine (9611)
21 Clonitazene (9612)
22 Cyclopentyl fentanyl. Other name:
23 N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide
24 Dextromoramide (9613)
25 Diampromide (9615)
26 Diethylthiambutene (9616)
27 Difenoxin (9168)
28 Dimenoxadol (9617)
29 Dimepheptanol (9618)
30 Dimethylthiambutene (9619)
31 Dioxaphetyl butyrate (9621)
32 Dipipanone (9622)
33 Ethylmethylthiambutene (9623)
34 Etonitazene (9624)
35 Etoxeridine (9625)
36 Fentanyl related substances.
37 Furanyl fentanyl.
38 Furethidine (9626)
39 Hydroxypethidine (9627)
40 Isobutyryl fentanyl. Other name:
41 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide
42 Isotonitazene. Other name: N,N-diethyl-2-
2023 IN 1615—LS 6934/DI 106 53
1 (2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-
2 1-yl)ethan-1-amine)
3 Ketobemidone (9628)
4 Levomoramide (9629)
5 Levophenacylmorphan (9631)
6 Methoxyacetyl fentanyl. Other name:
7 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide
8 3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
9 piperidyl]-N-phenyl-propanimide](9813)
10 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
11 piperidinyl]-N-phenylpropanamide) (9833)
12 MDMB-4en-PINACA
13 4F-MDMB-BICA; 4-fluoro MDMB-BICA; 4F-MDMB-BUTICA;
14 Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,
15 3-dimethyl-butanoate
16 MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
17 Morpheridine (9632)
18 N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl),
19 including any isomers, salts, or salts of isomers (9818)
20 N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] 25 piperidin-4-yl]-
21 N-phenylpropionamide, also known as N-[1-[2-hydroxy-2-
22 (2-thienyl)ethyl] -4- piperidinyl]- N-phenylpropanamide,
23 (beta-hydroxythiofentanyl)
24 N-(4-chlorophenyl)- N-(1-phenethylpiperidin-4-yl) isobutyramide
25 (para-chloroisobutyryl fentanyl)
26 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
27 acetamide (ocfentanil)
28 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4 -yl) butyramide
29 (para-fluorobutyryl fentanyl)
30 N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known
31 as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl
32 fentanyl)
33 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl
34 fentanyl)
35 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin -4-yl) butyramide
36 (para-methoxybutyryl fentanyl)
37 N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
38 (thenylfentanyl), including any isomers, salts, or salts of isomers
39 (9834)
40 N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl
41 fentanyl)
42 N-(1-phenethylpiperidin-4-yl)- Nphenylcyclopentanecarboxamide
2023 IN 1615—LS 6934/DI 106 54
1 (cyclopentyl fentanyl)
2 Noracymethadol (9633)
3 Norlevorphanol (9634)
4 Normethadone (9635)
5 Norpipanone (9636)
6 Ocfentanil. Other name:
7 N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
8 acetamide
9 Ortho-fluorofentanyl or 2-fluorofentanyl. Other name:
10 N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide
11 Para-chloroisobutyryl fentanyl. Other name:
12 N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
13 Para-fluorobutyryl fentanyl. Other name:
14 N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
15 Para-fluorofentanyl (N-(4-fluorophenyl)-N-
16 [1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
17 Para-methoxybutyryl fentanyl. Other name:
18 N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
19 Phenadoxone (9637)
20 Phenampromide (9638)
21 Phenomorphan (9647)
22 Phenoperidine (9641)
23 PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
24 Piritramide (9642)
25 Proheptazine (9643)
26 Properidine (9644)
27 Propiram (9649)
28 Racemoramide (9645)
29 Tetrahydrofuranyl fentanyl. Other name:
30 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carb
31 oxamide
32 Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
33 piperidinyl]-propanamide) (9835)
34 Tilidine (9750)
35 Trimeperidine (9646)
36 U47700 (3,4-dichloro- N- [2-dimethylamino)cyclohexyl]-
37 N-methyl- benzamide)
38 Valeryl fentanyl. Other name:
39 N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide
40 (c) Opium derivatives. Any of the following opium derivatives, their
41 salts, isomers, and salts of isomers, unless specifically excepted by rule
42 of the board or unless listed in another schedule, whenever the
2023 IN 1615—LS 6934/DI 106 55
1 existence of these salts, isomers, and salts of isomers is possible within
2 the specific chemical designation:
3 Acetorphine (9319)
4 Acetyldihydrocodeine (9051)
5 Benzylmorphine (9052)
6 Codeine methylbromide (9070)
7 Codeine-N-Oxide (9053)
8 Cyprenorphine (9054)
9 Desomorphine (9055)
10 Dihydromorphine (9145)
11 Drotebanol (9335)
12 Etorphine (except hydrochloride salt) (9056)
13 Heroin (9200)
14 Hydromorphinol (9301)
15 Methyldesorphine (9302)
16 Methyldihydromorphine (9304)
17 Morphine methylbromide (9305)
18 Morphine methylsulfonate (9306)
19 Morphine-N-Oxide (9307)
20 Myrophine (9308)
21 Nicocodeine (9309)
22 Nicomorphine (9312)
23 Normorphine (9313)
24 Pholcodine (9314)
25 Thebacon (9315)
26 (d) Hallucinogenic substances. Unless specifically excepted or
27 unless listed in another schedule, any material, compound, mixture, or
28 preparation which contains any quantity of the following
29 hallucinogenic, psychedelic, or psychogenic substances, their salts,
30 isomers, and salts of isomers whenever the existence of these salts,
31 isomers, and salts of isomers is possible within the specific chemical
32 designation (for purposes of this subsection only, the term "isomer"
33 includes the optical, position, and geometric isomers):
34 (1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
35 TCPy.
36 (2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade or
37 other names: 4-Bromo-2, 5-Dimethoxy-a-methylphenethylamine;
38 4-Bromo-2, 5-DMA.
39 (3) 4-Bromo-2, 5-dimethoxyphenethylamine (7392). Some trade
40 or other names:
41 2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
42 alpha-desmethyl DOB; 2C-B, Nexus.
2023 IN 1615—LS 6934/DI 106 56
1 (4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
2 DOET.
3 (5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
4 Other name: 2C-T-7.
5 (6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
6 names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
7 (7) 4-Methoxyamphetamine (7411). Some trade or other names:
8 4-Methoxy-a-methylphenethylamine; Paramethoxyamphetamine;
9 PMA.
10 (8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401). Other
11 Name: MMDA.
12 (9) 5-Methoxy-N, N-diisopropyltryptamine, including any
13 isomers, salts, or salts of isomers (7439). Other name:
14 5-MeO-DIPT.
15 (10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
16 and other names: 4-methyl-2,
17 5-dimethoxy-a-methylphenethylamine; DOM; and STP.
18 (11) 3, 4-methylenedioxy amphetamine (7400). Other name:
19 MDA.
20 (12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
21 names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
22 phenethylamine; N-ethyl MDA; MDE; and MDEA.
23 (13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
24 (14) 3, 4, 5-trimethoxy amphetamine (7390). Other name: TMA.
25 (15) Alpha-ethyltryptamine (7249). Some trade and other names:
26 Etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine;
27 3-(2-aminobutyl) indole; [alpha]-ET; and AET.
28 (16) Alpha-methyltryptamine (7432). Other name: AMT.
29 (17) Bufotenine (7433). Some trade and other names:
30 3-(B-Dimethylaminoethyl)-5-hydroxyindole;
31 3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
32 5-hydroxy-N, N-dimethyltryptamine; mappine.
33 (18) Diethyltryptamine (7434). Some trade or other names: N,
34 N-Diethyltryptamine; DET.
35 (19) Dimethyltryptamine (7435). Some trade or other names:
36 DMT.
37 (20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6, 6b,
38 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido
39 (1', 2': 1, 2, azepino 4, 5-b) indole; tabernanthe iboga.
40 (21) Lysergic acid diethylamide (7315). Other name: LSD.
41 (22) Marijuana (7360).
42 (23) (22) Mescaline (7381).
2023 IN 1615—LS 6934/DI 106 57
1 (24) (23) Parahexyl (7374). Some trade or other names:
2 3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
3 9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
4 (25) (24) Peyote (7415), including:
5 (A) all parts of the plant that are classified botanically as
6 lophophora williamsii lemaire, whether growing or not;
7 (B) the seeds thereof;
8 (C) any extract from any part of the plant; and
9 (D) every compound, manufacture, salt, derivative, mixture, or
10 preparation of the plant, its seeds, or extracts.
11 (26) (25) N-ethyl-3-piperidyl benzilate (7482). Other name:
12 DMZ.
13 (27) (26) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
14 Other names: N-hydroxy-alpha-methyl-3,4
15 (methylenedioxy)phenethylamine; and N-hydroxy MDA.
16 (28) (27) N-methyl-3-piperidyl benzilate (7484). Other name:
17 LBJ.
18 (29) (28) Psilocybin (7437).
19 (30) (29) Psilocyn (7438).
20 (31) (30) Tetrahydrocannabinols (7370), including synthetic
21 equivalents of the substances contained in the plant, or in the
22 resinous extractives of Cannabis, sp. and synthetic substances,
23 derivatives, and their isomers with similar chemical structure and
24 pharmacological activity such as:
25 (A) ð
1
cis or trans tetrahydrocannabinol, and their optical
26 isomers;
27 (B) ð
6
cis or trans tetrahydrocannabinol, and their optical
28 isomers; and
29 (C) ð
3,
4 cis or trans tetrahydrocannabinol, and their optical
30 isomers.
31 Since nomenclature of these substances is not internationally
32 standardized, compounds of these structures, regardless of
33 numerical designation of atomic positions are covered. Other
34 name: THC.
35 (32) (31) Ethylamine analog of phencyclidine (7455). Some trade
36 or other names: N-Ethyl-1-phenylcyclohexylamine;
37 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
38 ethylamine; cyclohexamine; PCE.
39 (33) (32) Pyrrolidine analog of phencyclidine (7458). Some trade
40 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
y; PHP.
41 (34) (33) Thiophene analog of phencyclidine (7470). Some trade
42 or other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
2023 IN 1615—LS 6934/DI 106 58
1 Analog of Phencyclidine; TPCP.
2 (35) (34) Salvia divinorum or salvinorin A, including:
3 (A) all parts of the plant that are classified botanically as salvia
4 divinorum, whether growing or not;
5 (B) the seeds of the plant;
6 (C) any extract from any part of the plant; and
7 (D) every compound, manufacture, salt, derivative, mixture, or
8 preparation of the plant, its seeds, or extracts.
9 (36) (35) 5-Methoxy-N,N-Dimethyltryptamine. Some trade or
10 other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole;
11 5-MeO-DMT.
12 (37) (36) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
13 (38) (37) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
14 (39) (38) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).
15 (40) (39) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).
16 (41) (40) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] ethanamine
17 (2C-T-2).
18 (42) (41) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl] ethanamine
19 (2C-T-4).
20 (43) (42) 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).
21 (44) (43) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).
22 (45) (44) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine
23 (2C-P).
24 (46) (45) Deschloroketamine (2-Phenyl-2-
25 (methylamino)cyclohexanone).
26 (47) (46) 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-
27 ethyltryptamine).
28 (48) (47) N-methyltryptamine (1H-Indole-3-ethanamine,
29 N-methyl-).
30 (e) Depressants. Unless specifically excepted in a rule adopted by
31 the board or unless listed in another schedule, any material, compound,
32 mixture, or preparation which contains any quantity of the following
33 substances having a depressant effect on the central nervous system,
34 including its salts, isomers, and salts of isomers whenever the existence
35 of such salts, isomers, and salts of isomers is possible within the
36 specific chemical designation:
37 Etizolam (4-(2- chlorophenyl)-2- ethyl-9- methyl- 6H-
38 thieno[3,2-f] [1,2,4] triazolo[4,3-a] [1,4diazepine) (other names
39 include: Etilaam, Etizest, Depas, Etizola, Sedekopan, and
40 Pasaden)
41 Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-
42 4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine)
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1 Gamma-hydroxybutyric acid (other names include GHB;
2 gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
3 oxybate; sodium oxybutyrate) (2010)
4 Mecloqualone (2572)
5 Methaqualone (2565)
6 (f) Stimulants. Unless specifically excepted or unless listed in
7 another schedule, any material, compound, mixture, or preparation that
8 contains any quantity of the following substances having a stimulant
9 effect on the central nervous system, including its salts, isomers, and
10 salts of isomers:
11 ([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
12 dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
13 Aminorex (1585). Other names: aminoxaphen;
14 2-amino-5-phenyl-2-oxazoline; or
15 4,5-dihydro-5-phenyl-2-oxazolamine.
16 Benzylone, 1-(1,3-benzodioxol-5-yl)-2-(benzylamino)propan
17 -1-one. Synonyms: BMDP, N-benzyl methylone,
18 3,4-Methylenedioxy-Nbenzylcathinone,
19 N-benzyl-3,4-methylenedioxycathinone.
20 Cathinone (1235). Some trade or other names:
21 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
22 2-aminopropiophenone; and norephedrone.
23 Fenethylline (1503).
24 N-Benzylpiperazine (7493). Other names: BZP; and
25 1-benzylpiperazine.
26 N-ethylamphetamine (1475).
27 Methcathinone (1237). Some other trade names:
28 2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
29 Monomethylpropion; UR 1431.
30 N, N-dimethylamphetamine (1480). Other names: N,
31 N-alpha-trimethyl-benzeneethanamine; and N,
32 N-alpha-trimethylphenethylamine.
33 (g) Synthetic drugs as defined in IC 35-31.5-2-321.
34 SECTION 37. IC 35-48-4-2, AS AMENDED BY P.L.61-2020,
35 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2023]: Sec. 2. (a) A person who:
37 (1) knowingly or intentionally:
38 (A) manufactures;
39 (B) finances the manufacture of;
40 (C) delivers; or
41 (D) finances the delivery of;
42 a controlled substance or controlled substance analog, pure or
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1 adulterated, classified in schedule I, except marijuana, hash oil,
2 hashish, or salvia, or a controlled substance, or controlled
3 substance analog, pure or adulterated, classified in schedule II or
4 III; or
5 (2) possesses, with intent to:
6 (A) manufacture;
7 (B) finance the manufacture of;
8 (C) deliver; or
9 (D) finance the delivery of;
10 a controlled substance or controlled substance analog, pure or
11 adulterated, classified in schedule I, except marijuana, hash oil,
12 hashish, or salvia, or a controlled substance, or controlled
13 substance analog, pure or adulterated, classified in schedule II or
14 III;
15 commits dealing in a schedule I, II, or III controlled substance, a Level
16 6 felony, except as provided in subsections (b) through (f).
17 (b) A person may be convicted of an offense under subsection (a)(2)
18 only if:
19 (1) there is evidence in addition to the weight of the drug that the
20 person intended to manufacture, finance the manufacture of,
21 deliver, or finance the delivery of the drug; or
22 (2) the amount of the drug involved is at least twenty-eight (28)
23 grams.
24 (c) The offense is a Level 5 felony if:
25 (1) the amount of the drug involved is at least one (1) gram but
26 less than five (5) grams; or
27 (2) the amount of the drug involved is less than one (1) gram and
28 an enhancing circumstance applies.
29 (d) The offense is a Level 4 felony if:
30 (1) the amount of the drug involved is at least five (5) grams but
31 less than ten (10) grams; or
32 (2) the amount of the drug involved is at least one (1) gram but
33 less than five (5) grams and an enhancing circumstance applies.
34 (e) The offense is a Level 3 felony if:
35 (1) the amount of the drug involved is at least ten (10) grams but
36 less than twenty-eight (28) grams; or
37 (2) the amount of the drug involved is at least five (5) grams but
38 less than ten (10) grams and an enhancing circumstance applies.
39 (f) The offense is a Level 2 felony if:
40 (1) the amount of the drug involved is at least twenty-eight (28)
41 grams; or
42 (2) the amount of the drug involved is at least ten (10) grams but
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1 less than twenty-eight (28) grams and an enhancing circumstance
2 applies.
3 SECTION 38. IC 35-48-4-7, AS AMENDED BY P.L.61-2020,
4 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2023]: Sec. 7. (a) A person who, without a valid prescription
6 or order of a practitioner acting in the course of the practitioner's
7 professional practice, knowingly or intentionally possesses a:
8 (1) controlled substance or controlled substance analog (pure or
9 adulterated), classified in schedule I, except marijuana, hashish
10 or salvia; or
11 (2) controlled substance or controlled substance analog (pure or
12 adulterated), classified in schedule II, III, or IV;
13 commits possession of a controlled substance, a Class A misdemeanor,
14 except as provided in subsection (b).
15 (b) The offense is a Level 6 felony if the person commits the offense
16 and an enhancing circumstance applies.
17 (c) A person who, without a valid prescription or order of a
18 practitioner acting in the course of the practitioner's professional
19 practice, knowingly or intentionally obtains:
20 (1) more than four (4) ounces of schedule V controlled substances
21 containing codeine in any given forty-eight (48) hour period
22 unless pursuant to a prescription;
23 (2) a schedule V controlled substance pursuant to written or
24 verbal misrepresentation; or
25 (3) possession of a schedule V controlled substance other than by
26 means of a prescription or by means of signing an exempt
27 narcotic register maintained by a pharmacy licensed by the
28 Indiana state board of pharmacy;
29 commits a Class A misdemeanor.
30 SECTION 39. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
31 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2023]: Sec. 8.3. (a) This section does not apply to a rolling
33 paper.
34 (b) A person who knowingly or intentionally possesses an
35 instrument, a device, or another object that the person intends to use
36 for:
37 (1) introducing into the person's body a controlled substance
38 other than cannabis;
39 (2) testing the strength, effectiveness, or purity of a controlled
40 substance other than cannabis; or
41 (3) enhancing the effect of a controlled substance other than
42 cannabis;
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1 commits a Class C misdemeanor. However, the offense is a Class A
2 misdemeanor if the person has a prior unrelated judgment or conviction
3 under this section.
4 SECTION 40. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
5 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2023]: Sec. 8.5. (a) A person who keeps for sale, offers for
7 sale, delivers, or finances the delivery of a raw material, an instrument,
8 a device, or other object that is intended to be or that is designed or
9 marketed to be used primarily for:
10 (1) ingesting, inhaling, or otherwise introducing into the human
11 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
12 controlled substance;
13 (2) testing the strength, effectiveness, or purity of marijuana, hash
14 oil, hashish, salvia, a synthetic drug, or a controlled substance;
15 (3) enhancing the effect of a controlled substance;
16 (4) manufacturing, compounding, converting, producing,
17 processing, or preparing marijuana, hash oil, hashish, salvia, a
18 synthetic drug, or a controlled substance;
19 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
20 synthetic drug, or a controlled substance by individuals; or
21 (6) any purpose announced or described by the seller that is in
22 violation of this chapter;
23 commits a Class A infraction for dealing in paraphernalia.
24 (b) A person who knowingly or intentionally violates subsection (a)
25 commits a Class A misdemeanor. However, the offense is a Level 6
26 felony if the person has a prior unrelated judgment or conviction under
27 this section.
28 (c) This section does not apply to the following:
29 (1) Items marketed for use in the preparation, compounding,
30 packaging, labeling, or other use of:
31 (A) marijuana, cannabis; or
32 (B) hash oil, hashish, salvia, a synthetic drug, or a controlled
33 substance as an incident to lawful research, teaching, or
34 chemical analysis and not for sale.
35 (2) Items marketed for or historically and customarily used in
36 connection with the planting, propagating, cultivating, growing,
37 harvesting, manufacturing, compounding, converting, producing,
38 processing, preparing, testing, analyzing, packaging, repackaging,
39 storing, containing, concealing, injecting, ingesting, or inhaling
40 of tobacco or any other lawful substance.
41 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
42 a syringe or needle as part of a program under IC 16-41-7.5.
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1 (4) Any entity or person that provides funding to a qualified entity
2 (as defined in IC 16-41-7.5-3) to operate a program described in
3 IC 16-41-7.5.
4 SECTION 41. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
5 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2023]: Sec. 10. (a) A person who:
7 (1) knowingly or intentionally:
8 (A) manufactures;
9 (B) finances the manufacture of;
10 (C) delivers; or
11 (D) finances the delivery of;
12 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
13 (2) possesses, with intent to:
14 (A) manufacture;
15 (B) finance the manufacture of;
16 (C) deliver; or
17 (D) finance the delivery of;
18 marijuana, hash oil, hashish, or salvia, pure or adulterated;
19 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
20 misdemeanor, except as provided in subsections (b) through (d).
21 (b) A person may be convicted of an offense under subsection (a)(2)
22 only if:
23 (1) there is evidence in addition to the weight of the drug that the
24 person intended to manufacture, finance the manufacture of,
25 deliver, or finance the delivery of the drug; or
26 (2) the amount of the drug involved is at least
27 (A) ten (10) pounds, if the drug is marijuana; or
28 (B) three hundred (300) grams. if the drug is hash oil, hashish,
29 or salvia.
30 (c) The offense is a Level 6 felony if:
31 (1) the person has a prior conviction for a drug offense and the
32 amount of the drug involved is
33 (A) less than thirty (30) grams of marijuana; or
34 (B) less than five (5) grams; of hash oil, hashish, or salvia; or
35 (2) the amount of the drug involved is
36 (A) at least thirty (30) grams but less than ten (10) pounds of
37 marijuana; or
38 (B) at least five (5) grams but less than three hundred (300)
39 grams. of hash oil, hashish, or salvia.
40 (d) The offense is a Level 5 felony if:
41 (1) the person has a prior conviction for a drug dealing offense
42 and the amount of the drug involved is
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1 (A) at least thirty (30) grams but less than ten (10) pounds of
2 marijuana; or
3 (B) at least five (5) grams but less than three hundred (300)
4 grams; of hash oil, hashish, or salvia;
5 (2) the:
6 (A) amount of the drug involved is
7 (i) at least ten (10) pounds of marijuana; or
8 (ii) at least three hundred (300) grams; of hash oil, hashish,
9 or salvia; or
10 (B) offense involved a sale to a minor; or
11 (3) the:
12 (A) person is a retailer;
13 (B) marijuana, hash oil, hashish, or salvia is packaged in a
14 manner that appears to be low THC hemp extract; and
15 (C) person knew or reasonably should have known that the
16 product was marijuana, hash oil, hashish, or salvia.
17 SECTION 42. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
18 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2023]: Sec. 11. (a) A person who (1) knowingly or
20 intentionally possesses (pure or adulterated) marijuana, hash oil,
21 hashish, or salvia
22 (2) knowingly or intentionally grows or cultivates marijuana; or
23 (3) knowing that marijuana is growing on the person's premises,
24 fails to destroy the marijuana plants;
25 commits possession of marijuana, hash oil, hashish, or salvia, a Class
26 B misdemeanor, except as provided in subsections (b) through (c).
27 (b) The offense described in subsection (a) is a Class A
28 misdemeanor if:
29 (1) the person has a prior conviction for a drug offense; or
30 (2) the:
31 (A) marijuana, hash oil, hashish, or salvia is packaged in a
32 manner that appears to be low THC hemp extract; and
33 (B) person knew or reasonably should have known that the
34 product was marijuana, hash oil, hashish, or salvia.
35 (c) The offense described in subsection (a) is a Level 6 felony if:
36 (1) the person has a prior conviction for a drug offense; and
37 (2) the person possesses
38 (A) at least thirty (30) grams of marijuana; or
39 (B) at least five (5) grams. of hash oil, hashish, or salvia.
40 SECTION 43. IC 35-48-4-18 IS ADDED TO THE INDIANA
41 CODE AS A NEW SECTION TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) A person who knowingly
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1 or intentionally sells or delivers cannabis to a child less than
2 eighteen (18) years of age commits providing cannabis to a child,
3 a Class A misdemeanor.
4 (b) A child less than eighteen (18) years of age who possesses
5 cannabis commits possession of cannabis by a child, a Class B
6 misdemeanor.
7 (c) It is a defense to a prosecution under this section that the
8 minor has been issued a valid medical cannabis identification card
9 (as described in IC 16-19-3-33).
10 SECTION 44. IC 35-50-2-2.2, AS AMENDED BY P.L.119-2021,
11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2023]: Sec. 2.2. (a) Except as provided in subsection (b) or
13 (c), the court may suspend any part of a sentence for a felony.
14 (b) If a person is convicted of a Level 2 felony or a Level 3 felony
15 and has any prior unrelated felony conviction, other than a conviction
16 for a felony involving marijuana (before July 1, 2023), hashish, hash
17 oil, or salvia divinorum, the court may suspend only that part of a
18 sentence that is in excess of the minimum sentence for the:
19 (1) Level 2 felony; or
20 (2) Level 3 felony.
21 (c) The court may suspend only that part of a sentence for murder
22 or a Level 1 felony conviction that is in excess of the minimum
23 sentence for murder or the Level 1 felony conviction.
24 SECTION 45. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
25 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (i), (j), (l),
27 or (m), in addition to any sentence imposed under this article for a
28 felony or misdemeanor, the court may, as a condition of probation or
29 without placing the person on probation, order the person to make
30 restitution to the victim of the crime, the victim's estate, or the family
31 of a victim who is deceased. The court shall base its restitution order
32 upon a consideration of:
33 (1) property damages of the victim incurred as a result of the
34 crime, based on the actual cost of repair (or replacement if repair
35 is inappropriate);
36 (2) medical and hospital costs incurred by the victim (before the
37 date of sentencing) as a result of the crime;
38 (3) the cost of medical laboratory tests to determine if the crime
39 has caused the victim to contract a disease or other medical
40 condition;
41 (4) earnings lost by the victim (before the date of sentencing) as
42 a result of the crime including earnings lost while the victim was
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1 hospitalized or participating in the investigation or trial of the
2 crime; and
3 (5) funeral, burial, or cremation costs incurred by the family or
4 estate of a homicide victim as a result of the crime.
5 (b) A restitution order under subsection (a), (i), (j), (l), or (m) is a
6 judgment lien that:
7 (1) attaches to the property of the person subject to the order;
8 (2) may be perfected;
9 (3) may be enforced to satisfy any payment that is delinquent
10 under the restitution order by the person in whose favor the order
11 is issued or the person's assignee; and
12 (4) expires;
13 in the same manner as a judgment lien created in a civil proceeding.
14 (c) When a restitution order is issued under subsection (a), the
15 issuing court may order the person to pay the restitution, or part of the
16 restitution, directly to:
17 (1) the victim services division of the Indiana criminal justice
18 institute in an amount not exceeding:
19 (A) the amount of the award, if any, paid to the victim under
20 IC 5-2-6.1; and
21 (B) the cost of the reimbursements, if any, for emergency
22 services provided to the victim under IC 16-10-1.5 (before its
23 repeal) or IC 16-21-8; or
24 (2) a probation department that shall forward restitution or part of
25 restitution to:
26 (A) a victim of a crime;
27 (B) a victim's estate; or
28 (C) the family of a victim who is deceased.
29 The victim services division of the Indiana criminal justice institute
30 shall deposit the restitution it receives under this subsection in the
31 violent crime victims compensation fund established by IC 5-2-6.1-40.
32 (d) When a restitution order is issued under subsection (a), (i), (j),
33 (l), or (m), the issuing court shall send a certified copy of the order to
34 the clerk of the circuit court in the county where the felony or
35 misdemeanor charge was filed. The restitution order must include the
36 following information:
37 (1) The name and address of the person that is to receive the
38 restitution.
39 (2) The amount of restitution the person is to receive.
40 Upon receiving the order, the clerk shall enter and index the order in
41 the circuit court judgment docket in the manner prescribed by
42 IC 33-32-3-2. The clerk shall also notify the department of insurance
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1 of an order of restitution under subsection (i).
2 (e) An order of restitution under subsection (a), (i), (j), (l), or (m)
3 does not bar a civil action for:
4 (1) damages that the court did not require the person to pay to the
5 victim under the restitution order but arise from an injury or
6 property damage that is the basis of restitution ordered by the
7 court; and
8 (2) other damages suffered by the victim.
9 (f) Regardless of whether restitution is required under subsection (a)
10 as a condition of probation or other sentence, the restitution order is not
11 discharged by the completion of any probationary period or other
12 sentence imposed for a felony or misdemeanor.
13 (g) A restitution order under subsection (a), (i), (j), (l), or (m) is not
14 discharged by the liquidation of a person's estate by a receiver under
15 IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
16 IC 34-1-12, or IC 34-2-7 before their repeal).
17 (h) The attorney general may pursue restitution ordered by the court
18 under subsections (a) and (c) on behalf of the victim services division
19 of the Indiana criminal justice institute established under IC 5-2-6-8.
20 (i) The court may order the person convicted of an offense under
21 IC 35-43-9 to make restitution to the victim of the crime. The court
22 shall base its restitution order upon a consideration of the amount of
23 money that the convicted person converted, misappropriated, or
24 received, or for which the convicted person conspired. The restitution
25 order issued for a violation of IC 35-43-9 must comply with
26 subsections (b), (d), (e), and (g), and is not discharged by the
27 completion of any probationary period or other sentence imposed for
28 a violation of IC 35-43-9.
29 (j) The court may order the person convicted of an offense under
30 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
31 victim's estate, or the family of a victim who is deceased. The court
32 shall base its restitution order upon a consideration of the amount of
33 fraud or harm caused by the convicted person and any reasonable
34 expenses (including lost wages) incurred by the victim in correcting the
35 victim's credit report and addressing any other issues caused by the
36 commission of the offense under IC 35-43-5-3.5. If, after a person is
37 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
38 estate, or the family of a victim discovers or incurs additional expenses
39 that result from the convicted person's commission of the offense under
40 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
41 to require the convicted person to make restitution, even if the court
42 issued a restitution order at the time of sentencing. For purposes of
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1 entering a restitution order after sentencing, a court has continuing
2 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
3 for five (5) years after the date of sentencing. Each restitution order
4 issued for a violation of IC 35-43-5-3.5 must comply with subsections
5 (b), (d), (e), and (g), and is not discharged by the completion of any
6 probationary period or other sentence imposed for an offense under
7 IC 35-43-5-3.5.
8 (k) The court shall order a person convicted of an offense under
9 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
10 equal to the greater of the following:
11 (1) The gross income or value to the person of the victim's labor
12 or services.
13 (2) The value of the victim's labor as guaranteed under the
14 minimum wage and overtime provisions of:
15 (A) the federal Fair Labor Standards Act of 1938, as amended
16 (29 U.S.C. 201-209); or
17 (B) IC 22-2-2 (Minimum Wage);
18 whichever is greater.
19 (l) The court shall order a person who:
20 (1) is convicted of dealing in methamphetamine under
21 IC 35-48-4-1.1 or manufacturing methamphetamine under
22 IC 35-48-4-1.2; and
23 (2) manufactured the methamphetamine on property owned by
24 another person, without the consent of the property owner;
25 to pay liquidated damages to the property owner in the amount of ten
26 thousand dollars ($10,000) or to pay actual damages to the property
27 owner, including lost rent and the costs of decontamination by a
28 qualified inspector certified under IC 16-19-3.1.
29 (m) The court shall order a person who:
30 (1) is convicted of dealing in marijuana under
31 IC 35-48-4-10(a)(1)(A) (before July 1, 2023); and
32 (2) manufactured the marijuana on property owned by another
33 person, without the consent of the property owner;
34 to pay liquidated damages to the property owner in the amount of two
35 thousand dollars ($2,000).
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