Indiana 2024 Regular Session

Indiana House Bill HB1223 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1223
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-31-3-14.5; IC 20-28-5-8; IC 22-15-5-16;
7	7	IC 25-1-1.1-3; IC 34-24-1-1; IC 35-31.5-2-217; IC 35-42-1-1.5;
8	8	IC 35-45-6-1; IC 35-47-4-5.
9	9	Synopsis: Penalties for drug dealing. Makes dealing in certain
10	10	controlled substances a Level 2 felony if use of the substance results in
11	11	serious bodily injury. Makes certain collateral consequences (such as
12	12	licensure, forfeiture, racketeering, or designation as a serious violent
13	13	felon) for committing the offense the same as the collateral
14	14	consequences of committing dealing in a controlled substance resulting
15	15	in death.
16	16	Effective: July 1, 2024.
17	17	Haggard, Meltzer, Garcia Wilburn
18	18	January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
19	19	2024 IN 1223—LS 6894/DI 106 Introduced
20	20	Second Regular Session of the 123rd General Assembly (2024)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2023 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1223
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	criminal law and procedure.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
35	35	2 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36	36	3 JULY 1, 2024]: Sec. 14.5. The department of homeland security may
37	37	4 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
38	38	5 certification or licensure or permanently revoke a certificate or license
39	39	6 under procedures provided by section 14 of this chapter if the
40	40	7 individual who holds the certificate or license issued under this title is
41	41	8 convicted of any of the following:
42	42	9 (1) Dealing in a controlled substance resulting in death or serious
43	43	10 bodily injury under IC 35-42-1-1.5.
44	44	11 (2) Dealing in or manufacturing cocaine or a narcotic drug under
45	45	12 IC 35-48-4-1.
46	46	13 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
47	47	14 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
48	48	15 (5) Dealing in a schedule I, II, or III controlled substance under
49	49	16 IC 35-48-4-2.
50	50	17 (6) Dealing in a schedule IV controlled substance under
51	51	2024 IN 1223—LS 6894/DI 106 2
52	52	1 IC 35-48-4-3.
53	53	2 (7) Dealing in a schedule V controlled substance under
54	54	3 IC 35-48-4-4.
55	55	4 (8) Dealing in a substance represented to be a controlled
56	56	5 substance under IC 35-48-4-4.5 (repealed).
57	57	6 (9) Knowingly or intentionally manufacturing, advertising,
58	58	7 distributing, or possessing with intent to manufacture, advertise,
59	59	8 or distribute a substance represented to be a controlled substance
60	60	9 under IC 35-48-4-4.6.
61	61	10 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
62	62	11 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
63	63	12 under IC 35-48-4-10.
64	64	13 (12) An offense under IC 35-48-4 involving the manufacture or
65	65	14 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
66	66	15 synthetic drug lookalike substance (as defined in
67	67	16 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
68	68	17 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
69	69	18 substance analog (as defined in IC 35-48-1-9.3), or a substance
70	70	19 represented to be a controlled substance (as described in
71	71	20 IC 35-48-4-4.6).
72	72	21 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
73	73	22 SECTION 2. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
74	74	23 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
75	75	24 JULY 1, 2024]: Sec. 8. (a) This section applies when a prosecuting
76	76	25 attorney knows that a licensed employee of a public school or a
77	77	26 nonpublic school has been convicted of an offense listed in subsection
78	78	27 (c). The prosecuting attorney shall immediately give written notice of
79	79	28 the conviction to the following:
80	80	29 (1) The secretary of education.
81	81	30 (2) Except as provided in subdivision (3), the superintendent of
82	82	31 the school corporation that employs the licensed employee or the
83	83	32 equivalent authority if a nonpublic school employs the licensed
84	84	33 employee.
85	85	34 (3) The presiding officer of the governing body of the school
86	86	35 corporation that employs the licensed employee, if the convicted
87	87	36 licensed employee is the superintendent of the school corporation.
88	88	37 (b) The superintendent of a school corporation, presiding officer of
89	89	38 the governing body, or equivalent authority for a nonpublic school shall
90	90	39 immediately notify the secretary of education when the individual
91	91	40 knows that a current or former licensed employee of the public school
92	92	41 or nonpublic school has been convicted of an offense listed in
93	93	42 subsection (c), or when the governing body or equivalent authority for
94	94	2024 IN 1223—LS 6894/DI 106 3
95	95	1 a nonpublic school takes any final action in relation to an employee
96	96	2 who engaged in any offense listed in subsection (c).
97	97	3 (c) Except as provided in section 8.5 of this chapter, the department
98	98	4 shall permanently revoke the license of a person who is known by the
99	99	5 department to have been convicted of any of the following:
100	100	6 (1) The following felonies:
101	101	7 (A) A sex crime under IC 35-42-4 (including criminal deviate
102	102	8 conduct (IC 35-42-4-2) (before its repeal)).
103	103	9 (B) Kidnapping (IC 35-42-3-2).
104	104	10 (C) Criminal confinement (IC 35-42-3-3).
105	105	11 (D) Incest (IC 35-46-1-3).
106	106	12 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
107	107	13 35-48-4-1).
108	108	14 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
109	109	15 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
110	110	16 (H) Dealing in a schedule I, II, or III controlled substance (IC
111	111	17 35-48-4-2).
112	112	18 (I) Dealing in a schedule IV controlled substance (IC
113	113	19 35-48-4-3).
114	114	20 (J) Dealing in a schedule V controlled substance (IC
115	115	21 35-48-4-4).
116	116	22 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
117	117	23 (L) Dealing in marijuana, hash oil, hashish, or salvia as a
118	118	24 felony (IC 35-48-4-10).
119	119	25 (M) An offense under IC 35-48-4 involving the manufacture
120	120	26 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
121	121	27 synthetic drug lookalike substance (as defined in
122	122	28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
123	123	29 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
124	124	30 controlled substance analog (as defined in IC 35-48-1-9.3), or
125	125	31 a substance represented to be a controlled substance (as
126	126	32 described in IC 35-48-4-4.6).
127	127	33 (N) Homicide (IC 35-42-1).
128	128	34 (O) Voluntary manslaughter (IC 35-42-1-3).
129	129	35 (P) Reckless homicide (IC 35-42-1-5).
130	130	36 (Q) Battery as any of the following:
131	131	37 (i) A Class A felony (for a crime committed before July 1,
132	132	38 2014) or a Level 2 felony (for a crime committed after June
133	133	39 30, 2014).
134	134	40 (ii) A Class B felony (for a crime committed before July 1,
135	135	41 2014) or a Level 3 felony (for a crime committed after June
136	136	42 30, 2014).
137	137	2024 IN 1223—LS 6894/DI 106 4
138	138	1 (iii) A Class C felony (for a crime committed before July 1,
139	139	2 2014) or a Level 5 felony (for a crime committed after June
140	140	3 30, 2014).
141	141	4 (R) Aggravated battery (IC 35-42-2-1.5).
142	142	5 (S) Robbery (IC 35-42-5-1).
143	143	6 (T) Carjacking (IC 35-42-5-2) (before its repeal).
144	144	7 (U) Arson as a Class A felony or Class B felony (for a crime
145	145	8 committed before July 1, 2014) or as a Level 2, Level 3, or
146	146	9 Level 4 felony (for a crime committed after June 30, 2014) (IC
147	147	10 35-43-1-1(a)).
148	148	11 (V) Burglary as a Class A felony or Class B felony (for a crime
149	149	12 committed before July 1, 2014) or as a Level 1, Level 2, Level
150	150	13 3, or Level 4 felony (for a crime committed after June 30,
151	151	14 2014) (IC 35-43-2-1).
152	152	15 (W) Human trafficking (IC 35-42-3.5).
153	153	16 (X) Dealing in a controlled substance resulting in death or
154	154	17 serious bodily injury (IC 35-42-1-1.5).
155	155	18 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
156	156	19 this subsection.
157	157	20 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
158	158	21 in this subsection.
159	159	22 (2) Public indecency (IC 35-45-4-1) committed:
160	160	23 (A) after June 30, 2003; or
161	161	24 (B) before July 1, 2003, if the person committed the offense
162	162	25 by, in a public place:
163	163	26 (i) engaging in sexual intercourse or other sexual conduct
164	164	27 (as defined in IC 35-31.5-2-221.5);
165	165	28 (ii) appearing in a state of nudity with the intent to arouse
166	166	29 the sexual desires of the person or another person, or being
167	167	30 at least eighteen (18) years of age, with the intent to be seen
168	168	31 by a child less than sixteen (16) years of age; or
169	169	32 (iii) fondling the person's genitals or the genitals of another
170	170	33 person.
171	171	34 (d) The department shall permanently revoke the license of a person
172	172	35 who is known by the department to have been convicted of a federal
173	173	36 offense or an offense in another state that is comparable to a felony or
174	174	37 misdemeanor listed in subsection (c).
175	175	38 (e) A license may be suspended by the secretary of education as
176	176	39 specified in IC 20-28-7.5.
177	177	40 (f) The department shall develop a data base of information on
178	178	41 school corporation employees who have been reported to the
179	179	42 department under this section.
180	180	2024 IN 1223—LS 6894/DI 106 5
181	181	1 (g) Upon receipt of information from the office of judicial
182	182	2 administration in accordance with IC 33-24-6-3 concerning persons
183	183	3 convicted of an offense listed in subsection (c), the department shall:
184	184	4 (1) cross check the information received from the office of
185	185	5 judicial administration with information concerning licensed
186	186	6 teachers (as defined in IC 20-18-2-22(b)) maintained by the
187	187	7 department; and
188	188	8 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
189	189	9 convicted of an offense described in subsection (c), revoke the
190	190	10 licensed teacher's license.
191	191	11 SECTION 3. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
192	192	12 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
193	193	13 JULY 1, 2024]: Sec. 16. (a) A practitioner shall comply with the
194	194	14 standards established under this licensing program. A practitioner is
195	195	15 subject to the exercise of the disciplinary sanctions under subsection
196	196	16 (b) if the department finds that a practitioner has:
197	197	17 (1) engaged in or knowingly cooperated in fraud or material
198	198	18 deception in order to obtain a license to practice, including
199	199	19 cheating on a licensing examination;
200	200	20 (2) engaged in fraud or material deception in the course of
201	201	21 professional services or activities;
202	202	22 (3) advertised services or goods in a false or misleading manner;
203	203	23 (4) falsified or knowingly allowed another person to falsify
204	204	24 attendance records or certificates of completion of continuing
205	205	25 education courses provided under this chapter;
206	206	26 (5) been convicted of a crime that has a direct bearing on the
207	207	27 practitioner's ability to continue to practice competently;
208	208	28 (6) knowingly violated a state statute or rule or federal statute or
209	209	29 regulation regulating the profession for which the practitioner is
210	210	30 licensed;
211	211	31 (7) continued to practice although the practitioner has become
212	212	32 unfit to practice due to:
213	213	33 (A) professional incompetence;
214	214	34 (B) failure to keep abreast of current professional theory or
215	215	35 practice;
216	216	36 (C) physical or mental disability; or
217	217	37 (D) addiction to, abuse of, or severe dependency on alcohol or
218	218	38 other drugs that endanger the public by impairing a
219	219	39 practitioner's ability to practice safely;
220	220	40 (8) engaged in a course of lewd or immoral conduct in connection
221	221	41 with the delivery of services to the public;
222	222	42 (9) allowed the practitioner's name or a license issued under this
223	223	2024 IN 1223—LS 6894/DI 106 6
224	224	1 chapter to be used in connection with an individual or business
225	225	2 who renders services beyond the scope of that individual's or
226	226	3 business's training, experience, or competence;
227	227	4 (10) had disciplinary action taken against the practitioner or the
228	228	5 practitioner's license to practice in another state or jurisdiction on
229	229	6 grounds similar to those under this chapter;
230	230	7 (11) assisted another person in committing an act that would
231	231	8 constitute a ground for disciplinary sanction under this chapter;
232	232	9 or
233	233	10 (12) allowed a license issued by the department to be:
234	234	11 (A) used by another person; or
235	235	12 (B) displayed to the public when the license has expired, is
236	236	13 inactive, is invalid, or has been revoked or suspended.
237	237	14 For purposes of subdivision (10), a certified copy of a record of
238	238	15 disciplinary action constitutes prima facie evidence of a disciplinary
239	239	16 action in another jurisdiction.
240	240	17 (b) The department may impose one (1) or more of the following
241	241	18 sanctions if the department finds that a practitioner is subject to
242	242	19 disciplinary sanctions under subsection (a):
243	243	20 (1) Permanent revocation of a practitioner's license.
244	244	21 (2) Suspension of a practitioner's license.
245	245	22 (3) Censure of a practitioner.
246	246	23 (4) Issuance of a letter of reprimand.
247	247	24 (5) Assessment of a civil penalty against the practitioner in
248	248	25 accordance with the following:
249	249	26 (A) The civil penalty may not be more than one thousand
250	250	27 dollars ($1,000) for each violation listed in subsection (a),
251	251	28 except for a finding of incompetency due to a physical or
252	252	29 mental disability.
253	253	30 (B) When imposing a civil penalty, the department shall
254	254	31 consider a practitioner's ability to pay the amount assessed. If
255	255	32 the practitioner fails to pay the civil penalty within the time
256	256	33 specified by the department, the department may suspend the
257	257	34 practitioner's license without additional proceedings. However,
258	258	35 a suspension may not be imposed if the sole basis for the
259	259	36 suspension is the practitioner's inability to pay a civil penalty.
260	260	37 (6) Placement of a practitioner on probation status and
261	261	38 requirement of the practitioner to:
262	262	39 (A) report regularly to the department upon the matters that
263	263	40 are the basis of probation;
264	264	41 (B) limit practice to those areas prescribed by the department;
265	265	42 (C) continue or renew professional education approved by the
266	266	2024 IN 1223—LS 6894/DI 106 7
267	267	1 department until a satisfactory degree of skill has been attained
268	268	2 in those areas that are the basis of the probation; or
269	269	3 (D) perform or refrain from performing any acts, including
270	270	4 community restitution or service without compensation, that
271	271	5 the department considers appropriate to the public interest or
272	272	6 to the rehabilitation or treatment of the practitioner.
273	273	7 The department may withdraw or modify this probation if the
274	274	8 department finds after a hearing that the deficiency that required
275	275	9 disciplinary action has been remedied or that changed
276	276	10 circumstances warrant a modification of the order.
277	277	11 (c) If an applicant or a practitioner has engaged in or knowingly
278	278	12 cooperated in fraud or material deception to obtain a license to
279	279	13 practice, including cheating on the licensing examination, the
280	280	14 department may rescind the license if it has been granted, void the
281	281	15 examination or other fraudulent or deceptive material, and prohibit the
282	282	16 applicant from reapplying for the license for a length of time
283	283	17 established by the department.
284	284	18 (d) The department may deny licensure to an applicant who has had
285	285	19 disciplinary action taken against the applicant or the applicant's license
286	286	20 to practice in another state or jurisdiction or who has practiced without
287	287	21 a license in violation of the law. A certified copy of the record of
288	288	22 disciplinary action is conclusive evidence of the other jurisdiction's
289	289	23 disciplinary action.
290	290	24 (e) The department may order a practitioner to submit to a
291	291	25 reasonable physical or mental examination if the practitioner's physical
292	292	26 or mental capacity to practice safely and competently is at issue in a
293	293	27 disciplinary proceeding. Failure to comply with a department order to
294	294	28 submit to a physical or mental examination makes a practitioner liable
295	295	29 to temporary suspension under subsection (j).
296	296	30 (f) Except as provided under subsection (g) or (h), a license may not
297	297	31 be denied, revoked, or suspended because the applicant or holder has
298	298	32 been convicted of an offense. The acts from which the applicant's or
299	299	33 holder's conviction resulted may, however, be considered as to whether
300	300	34 the applicant or holder should be entrusted to serve the public in a
301	301	35 specific capacity.
302	302	36 (g) The department may deny, suspend, or revoke a license issued
303	303	37 under this chapter if the individual who holds the license is convicted
304	304	38 of any of the following:
305	305	39 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
306	306	40 (2) Possession of methamphetamine under IC 35-48-4-6.1.
307	307	41 (3) Possession of a controlled substance under IC 35-48-4-7(a).
308	308	42 (4) Fraudulently obtaining a controlled substance under
309	309	2024 IN 1223—LS 6894/DI 106 8
310	310	1 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
311	311	2 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
312	312	3 (5) Manufacture of paraphernalia as a Class D felony (for a crime
313	313	4 committed before July 1, 2014) or a Level 6 felony (for a crime
314	314	5 committed after June 30, 2014) under IC 35-48-4-8.1(b).
315	315	6 (6) Dealing in paraphernalia as a Class D felony (for a crime
316	316	7 committed before July 1, 2014) or a Level 6 felony (for a crime
317	317	8 committed after June 30, 2014) under IC 35-48-4-8.5(b).
318	318	9 (7) Possession of paraphernalia as a Class D felony (for a crime
319	319	10 committed before July 1, 2014) or a Level 6 felony (for a crime
320	320	11 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
321	321	12 its amendment on July 1, 2015).
322	322	13 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
323	323	14 D felony (for a crime committed before July 1, 2014) or a Level
324	324	15 6 felony (for a crime committed after June 30, 2014) under
325	325	16 IC 35-48-4-11.
326	326	17 (9) A felony offense under IC 35-48-4 involving possession of a
327	327	18 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
328	328	19 controlled substance analog (as defined in IC 35-48-1-9.3), or
329	329	20 possession of a synthetic drug lookalike substance (as defined in
330	330	21 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
331	331	22 (A) Class D felony for a crime committed before July 1, 2014;
332	332	23 or
333	333	24 (B) Level 6 felony for a crime committed after June 30, 2014;
334	334	25 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
335	335	26 (10) Maintaining a common nuisance under IC 35-48-4-13
336	336	27 (repealed) or IC 35-45-1-5, if the common nuisance involves a
337	337	28 controlled substance.
338	338	29 (11) An offense relating to registration, labeling, and prescription
339	339	30 forms under IC 35-48-4-14.
340	340	31 (h) The department shall deny, revoke, or suspend a license issued
341	341	32 under this chapter if the individual who holds the license is convicted
342	342	33 of any of the following:
343	343	34 (1) Dealing in a controlled substance resulting in death or serious
344	344	35 bodily injury under IC 35-42-1-1.5.
345	345	36 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
346	346	37 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
347	347	38 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
348	348	39 (5) Dealing in a schedule I, II, or III controlled substance under
349	349	40 IC 35-48-4-2.
350	350	41 (6) Dealing in a schedule IV controlled substance under
351	351	42 IC 35-48-4-3.
352	352	2024 IN 1223—LS 6894/DI 106 9
353	353	1 (7) Dealing in a schedule V controlled substance under
354	354	2 IC 35-48-4-4.
355	355	3 (8) Dealing in a substance represented to be a controlled
356	356	4 substance under IC 35-48-4-4.5 (repealed).
357	357	5 (9) Knowingly or intentionally manufacturing, advertising,
358	358	6 distributing, or possessing with intent to manufacture, advertise,
359	359	7 or distribute a substance represented to be a controlled substance
360	360	8 under IC 35-48-4-4.6.
361	361	9 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
362	362	10 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
363	363	11 under IC 35-48-4-10.
364	364	12 (12) An offense under IC 35-48-4 involving the manufacture or
365	365	13 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
366	366	14 synthetic drug lookalike substance (as defined in
367	367	15 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
368	368	16 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
369	369	17 substance analog (as defined in IC 35-48-1-9.3), or a substance
370	370	18 represented to be a controlled substance (as described in
371	371	19 IC 35-48-4-4.6).
372	372	20 (13) A violation of any federal or state drug law or rule related to
373	373	21 wholesale legend drug distributors licensed under IC 25-26-14.
374	374	22 (i) A decision of the department under subsections (b) through (h)
375	375	23 may be appealed to the commission under IC 4-21.5-3-7.
376	376	24 (j) The department may temporarily suspend a practitioner's license
377	377	25 under IC 4-21.5-4 before a final adjudication or during the appeals
378	378	26 process if the department finds that a practitioner represents a clear and
379	379	27 immediate danger to the public's health, safety, or property if the
380	380	28 practitioner is allowed to continue to practice.
381	381	29 (k) On receipt of a complaint or an information alleging that a
382	382	30 person licensed under this chapter has engaged in or is engaging in a
383	383	31 practice that jeopardizes the public health, safety, or welfare, the
384	384	32 department shall initiate an investigation against the person.
385	385	33 (l) Any complaint filed with the office of the attorney general
386	386	34 alleging a violation of this licensing program shall be referred to the
387	387	35 department for summary review and for its general information and any
388	388	36 authorized action at the time of the filing.
389	389	37 (m) The department shall conduct a fact finding investigation as the
390	390	38 department considers proper in relation to the complaint.
391	391	39 (n) The department may reinstate a license that has been suspended
392	392	40 under this section if, after a hearing, the department is satisfied that the
393	393	41 applicant is able to practice with reasonable skill, safety, and
394	394	42 competency to the public. As a condition of reinstatement, the
395	395	2024 IN 1223—LS 6894/DI 106 10
396	396	1 department may impose disciplinary or corrective measures authorized
397	397	2 under this chapter.
398	398	3 (o) The department may not reinstate a license that has been
399	399	4 revoked under this chapter. An individual whose license has been
400	400	5 revoked under this chapter may not apply for a new license until seven
401	401	6 (7) years after the date of revocation.
402	402	7 (p) The department shall seek to achieve consistency in the
403	403	8 application of sanctions authorized in this chapter. Significant
404	404	9 departures from prior decisions involving similar conduct must be
405	405	10 explained in the department's findings or orders.
406	406	11 (q) A practitioner may petition the department to accept the
407	407	12 surrender of the practitioner's license instead of having a hearing before
408	408	13 the commission. The practitioner may not surrender the practitioner's
409	409	14 license without the written approval of the department, and the
410	410	15 department may impose any conditions appropriate to the surrender or
411	411	16 reinstatement of a surrendered license.
412	412	17 (r) A practitioner who has been subjected to disciplinary sanctions
413	413	18 may be required by the commission to pay the costs of the proceeding.
414	414	19 The practitioner's ability to pay shall be considered when costs are
415	415	20 assessed. If the practitioner fails to pay the costs, a suspension may not
416	416	21 be imposed solely upon the practitioner's inability to pay the amount
417	417	22 assessed. The costs are limited to costs for the following:
418	418	23 (1) Court reporters.
419	419	24 (2) Transcripts.
420	420	25 (3) Certification of documents.
421	421	26 (4) Photo duplication.
422	422	27 (5) Witness attendance and mileage fees.
423	423	28 (6) Postage.
424	424	29 (7) Expert witnesses.
425	425	30 (8) Depositions.
426	426	31 (9) Notarizations.
427	427	32 SECTION 4. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
428	428	33 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
429	429	34 JULY 1, 2024]: Sec. 3. A board, a commission, or a committee shall
430	430	35 revoke or suspend a license or certificate issued under this title by the
431	431	36 board, the commission, or the committee if the individual who holds
432	432	37 the license or certificate is convicted of any of the following:
433	433	38 (1) Dealing in a controlled substance resulting in death or serious
434	434	39 bodily injury under IC 35-42-1-1.5.
435	435	40 (2) Dealing in or manufacturing cocaine or a narcotic drug under
436	436	41 IC 35-48-4-1.
437	437	42 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
438	438	2024 IN 1223—LS 6894/DI 106 11
439	439	1 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
440	440	2 (5) Dealing in a schedule I, II, or III controlled substance under
441	441	3 IC 35-48-4-2.
442	442	4 (6) Dealing in a schedule IV controlled substance under
443	443	5 IC 35-48-4-3.
444	444	6 (7) Dealing in a schedule V controlled substance under
445	445	7 IC 35-48-4-4.
446	446	8 (8) Dealing in a substance represented to be a controlled
447	447	9 substance under IC 35-48-4-4.5 (before its repeal on July 1,
448	448	10 2019).
449	449	11 (9) Knowingly or intentionally manufacturing, advertising,
450	450	12 distributing, or possessing with intent to manufacture, advertise,
451	451	13 or distribute a substance represented to be a controlled substance
452	452	14 under IC 35-48-4-4.6.
453	453	15 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
454	454	16 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
455	455	17 under IC 35-48-4-10.
456	456	18 (12) An offense under IC 35-48-4 involving the manufacture or
457	457	19 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
458	458	20 synthetic drug lookalike substance (as defined in
459	459	21 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
460	460	22 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
461	461	23 substance analog (as defined in IC 35-48-1-9.3), or a substance
462	462	24 represented to be a controlled substance (as described in
463	463	25 IC 35-48-4-4.6).
464	464	26 (13) A violation of any federal or state drug law or rule related to
465	465	27 wholesale legend drug distributors licensed under IC 25-26-14.
466	466	28 SECTION 5. IC 34-24-1-1, AS AMENDED BY P.L.185-2023,
467	467	29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
468	468	30 JULY 1, 2024]: Sec. 1. (a) The following may be seized:
469	469	31 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
470	470	32 or are intended for use by the person or persons in possession of
471	471	33 them to transport or in any manner to facilitate the transportation
472	472	34 of the following:
473	473	35 (A) A controlled substance for the purpose of committing,
474	474	36 attempting to commit, or conspiring to commit any of the
475	475	37 following:
476	476	38 (i) Dealing in or manufacturing cocaine or a narcotic drug
477	477	39 (IC 35-48-4-1).
478	478	40 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
479	479	41 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
480	480	42 (iv) Dealing in a schedule I, II, or III controlled substance
481	481	2024 IN 1223—LS 6894/DI 106 12
482	482	1 (IC 35-48-4-2).
483	483	2 (v) Dealing in a schedule IV controlled substance (IC
484	484	3 35-48-4-3).
485	485	4 (vi) Dealing in a schedule V controlled substance (IC
486	486	5 35-48-4-4).
487	487	6 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
488	488	7 (viii) Possession of cocaine or a narcotic drug (IC
489	489	8 35-48-4-6).
490	490	9 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
491	491	10 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
492	492	11 (xi) Dealing in marijuana, hash oil, hashish, or salvia (IC
493	493	12 35-48-4-10).
494	494	13 (xii) An offense under IC 35-48-4 involving a synthetic drug
495	495	14 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
496	496	15 substance (as defined in IC 35-31.5-2-321.5 (before its
497	497	16 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
498	498	17 repeal on July 1, 2019), a controlled substance analog (as
499	499	18 defined in IC 35-48-1-9.3), or a substance represented to be
500	500	19 a controlled substance (as described in IC 35-48-4-4.6).
501	501	20 (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
502	502	21 property (IC 35-43-4-3) if the retail or repurchase value of that
503	503	22 property is one hundred dollars ($100) or more.
504	504	23 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
505	505	24 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
506	506	25 mass destruction (as defined in IC 35-31.5-2-354) used to
507	507	26 commit, used in an attempt to commit, or used in a conspiracy
508	508	27 to commit a felony terrorist offense (as defined in
509	509	28 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
510	510	29 furtherance of an act of terrorism (as defined by
511	511	30 IC 35-31.5-2-329).
512	512	31 (2) All money, negotiable instruments, securities, weapons,
513	513	32 communications devices, or any property used to commit, used in
514	514	33 an attempt to commit, or used in a conspiracy to commit a felony
515	515	34 terrorist offense (as defined in IC 35-50-2-18) or an offense under
516	516	35 IC 35-47 as part of or in furtherance of an act of terrorism or
517	517	36 commonly used as consideration for a violation of IC 35-48-4
518	518	37 (other than items subject to forfeiture under IC 16-42-20-5 or
519	519	38 IC 16-6-8.5-5.1, before its repeal):
520	520	39 (A) furnished or intended to be furnished by any person in
521	521	40 exchange for an act that is in violation of a criminal statute;
522	522	41 (B) used to facilitate any violation of a criminal statute; or
523	523	42 (C) traceable as proceeds of the violation of a criminal statute.
524	524	2024 IN 1223—LS 6894/DI 106 13
525	525	1 (3) Any portion of real or personal property purchased with
526	526	2 money that is traceable as a proceed of a violation of a criminal
527	527	3 statute.
528	528	4 (4) A vehicle that is used by a person to:
529	529	5 (A) commit, attempt to commit, or conspire to commit;
530	530	6 (B) facilitate the commission of; or
531	531	7 (C) escape from the commission of;
532	532	8 murder (IC 35-42-1-1), dealing in a controlled substance resulting
533	533	9 in death or serious bodily injury (IC 35-42-1-1.5), kidnapping
534	534	10 (IC 35-42-3-2), criminal confinement (IC 35-42-3-3), rape (IC
535	535	11 35-42-4-1), child molesting (IC 35-42-4-3), or child exploitation
536	536	12 (IC 35-42-4-4), or an offense under IC 35-47 as part of or in
537	537	13 furtherance of an act of terrorism.
538	538	14 (5) Real property owned by a person who uses it to commit any of
539	539	15 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
540	540	16 felony:
541	541	17 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
542	542	18 35-48-4-1).
543	543	19 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
544	544	20 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
545	545	21 (D) Dealing in a schedule I, II, or III controlled substance (IC
546	546	22 35-48-4-2).
547	547	23 (E) Dealing in a schedule IV controlled substance (IC
548	548	24 35-48-4-3).
549	549	25 (F) Dealing in marijuana, hash oil, hashish, or salvia (IC
550	550	26 35-48-4-10).
551	551	27 (G) Dealing in a synthetic drug (as defined in
552	552	28 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
553	553	29 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
554	554	30 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
555	555	31 2019).
556	556	32 (H) Dealing in a controlled substance resulting in death or
557	557	33 serious bodily injury (IC 35-42-1-1.5).
558	558	34 (6) Equipment and recordings used by a person to commit fraud
559	559	35 under IC 35-43-5.
560	560	36 (7) Recordings sold, rented, transported, or possessed by a person
561	561	37 in violation of IC 24-4-10.
562	562	38 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
563	563	39 defined by IC 35-45-6-1) that is the object of a corrupt business
564	564	40 influence violation (IC 35-45-6-2).
565	565	41 (9) Unlawful telecommunications devices (as defined in
566	566	42 IC 35-45-13-6) and plans, instructions, or publications used to
567	567	2024 IN 1223—LS 6894/DI 106 14
568	568	1 commit an offense under IC 35-45-13.
569	569	2 (10) Any equipment, including computer equipment and cellular
570	570	3 telephones, used for or intended for use in preparing,
571	571	4 photographing, recording, videotaping, digitizing, printing,
572	572	5 copying, or disseminating matter in violation of IC 35-42-4.
573	573	6 (11) Destructive devices used, possessed, transported, or sold in
574	574	7 violation of IC 35-47.5.
575	575	8 (12) Tobacco products that are sold in violation of IC 24-3-5,
576	576	9 tobacco products that a person attempts to sell in violation of
577	577	10 IC 24-3-5, and other personal property owned and used by a
578	578	11 person to facilitate a violation of IC 24-3-5.
579	579	12 (13) Property used by a person to commit counterfeiting or
580	580	13 forgery in violation of IC 35-43-5-2.
581	581	14 (14) After December 31, 2005, if a person is convicted of an
582	582	15 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
583	583	16 following real or personal property:
584	584	17 (A) Property used or intended to be used to commit, facilitate,
585	585	18 or promote the commission of the offense.
586	586	19 (B) Property constituting, derived from, or traceable to the
587	587	20 gross proceeds that the person obtained directly or indirectly
588	588	21 as a result of the offense.
589	589	22 (15) Except as provided in subsection (e), a vehicle used by a
590	590	23 person who operates the vehicle:
591	591	24 (A) while intoxicated, in violation of IC 9-30-5-1 through
592	592	25 IC 9-30-5-5, if in the previous five (5) years the person has two
593	593	26 (2) or more prior unrelated convictions for operating a motor
594	594	27 vehicle while intoxicated in violation of IC 9-30-5-1 through
595	595	28 IC 9-30-5-5; or
596	596	29 (B) on a highway while the person's driving privileges are
597	597	30 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
598	598	31 if in the previous five (5) years the person has two (2) or more
599	599	32 prior unrelated convictions for operating a vehicle while
600	600	33 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
601	601	34 If a court orders the seizure of a vehicle under this subdivision,
602	602	35 the court shall transmit an order to the bureau of motor vehicles
603	603	36 recommending that the bureau not permit a vehicle to be
604	604	37 registered in the name of the person whose vehicle was seized
605	605	38 until the person possesses a current driving license (as defined in
606	606	39 IC 9-13-2-41).
607	607	40 (16) The following real or personal property:
608	608	41 (A) Property used or intended to be used to commit, facilitate,
609	609	42 or promote the commission of an offense specified in
610	610	2024 IN 1223—LS 6894/DI 106 15
611	611	1 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
612	612	2 IC 30-2-13-38(f).
613	613	3 (B) Property constituting, derived from, or traceable to the
614	614	4 gross proceeds that a person obtains directly or indirectly as a
615	615	5 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
616	616	6 IC 30-2-10-9(b), or IC 30-2-13-38(f).
617	617	7 (17) Real or personal property, including a vehicle, that is used by
618	618	8 a person to:
619	619	9 (A) commit, attempt to commit, or conspire to commit;
620	620	10 (B) facilitate the commission of; or
621	621	11 (C) escape from the commission of;
622	622	12 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
623	623	13 trafficking) or IC 35-45-4-4 (promoting prostitution).
624	624	14 (b) A vehicle used by any person as a common or contract carrier in
625	625	15 the transaction of business as a common or contract carrier is not
626	626	16 subject to seizure under this section, unless it can be proven by a
627	627	17 preponderance of the evidence that the owner of the vehicle knowingly
628	628	18 permitted the vehicle to be used to engage in conduct that subjects it to
629	629	19 seizure under subsection (a).
630	630	20 (c) Equipment under subsection (a)(10) may not be seized unless it
631	631	21 can be proven by a preponderance of the evidence that the owner of the
632	632	22 equipment knowingly permitted the equipment to be used to engage in
633	633	23 conduct that subjects it to seizure under subsection (a)(10).
634	634	24 (d) Money, negotiable instruments, securities, weapons,
635	635	25 communications devices, or any property commonly used as
636	636	26 consideration for a violation of IC 35-48-4 found near or on a person
637	637	27 who is committing, attempting to commit, or conspiring to commit any
638	638	28 of the following offenses shall be admitted into evidence in an action
639	639	29 under this chapter as prima facie evidence that the money, negotiable
640	640	30 instrument, security, or other thing of value is property that has been
641	641	31 used or was to have been used to facilitate the violation of a criminal
642	642	32 statute or is the proceeds of the violation of a criminal statute:
643	643	33 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
644	644	34 death or serious bodily injury).
645	645	35 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
646	646	36 narcotic drug).
647	647	37 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
648	648	38 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
649	649	39 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
650	650	40 substance).
651	651	41 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
652	652	42 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
653	653	2024 IN 1223—LS 6894/DI 106 16
654	654	1 as a Level 4 felony.
655	655	2 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
656	656	3 Level 3, Level 4, or Level 5 felony.
657	657	4 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
658	658	5 3, Level 4, or Level 5 felony.
659	659	6 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
660	660	7 salvia) as a Level 5 felony.
661	661	8 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
662	662	9 in a synthetic drug or synthetic drug lookalike substance) as a
663	663	10 Level 5 felony or Level 6 felony (or as a Class C felony or Class
664	664	11 D felony under IC 35-48-4-10 before its amendment in 2013).
665	665	12 (e) A vehicle operated by a person who is not:
666	666	13 (1) an owner of the vehicle; or
667	667	14 (2) the spouse of the person who owns the vehicle;
668	668	15 is not subject to seizure under subsection (a)(15) unless it can be
669	669	16 proven by a preponderance of the evidence that the owner of the
670	670	17 vehicle knowingly permitted the vehicle to be used to engage in
671	671	18 conduct that subjects it to seizure under subsection (a)(15).
672	672	19 SECTION 6. IC 35-31.5-2-217, AS AMENDED BY P.L.198-2018,
673	673	20 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
674	674	21 JULY 1, 2024]: Sec. 217. "Offense relating to controlled substances"
675	675	22 means the following:
676	676	23 (1) Dealing in a controlled substance resulting in death or serious
677	677	24 bodily injury (IC 35-42-1-1.5).
678	678	25 (2) Dealing in or manufacturing cocaine or a narcotic drug (IC
679	679	26 35-48-4-1).
680	680	27 (3) Dealing in methamphetamine (IC 35-48-4-1.1).
681	681	28 (4) Manufacturing methamphetamine (IC 35-48-4-1.2).
682	682	29 (5) Dealing in a schedule I, II, or III controlled substance (IC
683	683	30 35-48-4-2).
684	684	31 (6) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
685	685	32 (7) Dealing in a schedule V controlled substance (IC 35-48-4-4).
686	686	33 (8) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
687	687	34 (9) Possession of methamphetamine (IC 35-48-4-6.1).
688	688	35 (10) Possession of a controlled substance (IC 35-48-4-7).
689	689	36 (11) Possession of paraphernalia (IC 35-48-4-8.3).
690	690	37 (12) Dealing in paraphernalia (IC 35-48-4-8.5).
691	691	38 (13) Offenses relating to registration (IC 35-48-4-14).
692	692	39 SECTION 7. IC 35-42-1-1.5, AS AMENDED BY P.L.80-2019,
693	693	40 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
694	694	41 JULY 1, 2024]: Sec. 1.5. (a) A person who knowingly or intentionally
695	695	42 manufactures or delivers a controlled substance or controlled substance
696	696	2024 IN 1223—LS 6894/DI 106 17
697	697	1 analog, in violation of:
698	698	2 (1) IC 35-48-4-1 (dealing in cocaine or a narcotic drug);
699	699	3 (2) IC 35-48-4-1.1 (dealing in methamphetamine);
700	700	4 (3) IC 35-48-4-1.2 (manufacturing methamphetamine); or
701	701	5 (4) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
702	702	6 substance);
703	703	7 that, when the controlled substance is used, injected, inhaled, absorbed,
704	704	8 or ingested, results in the death of a human being who used the
705	705	9 controlled substance, commits dealing in a controlled substance
706	706	10 resulting in death, a Level 1 felony.
707	707	11 (b) A person who knowingly or intentionally manufactures or
708	708	12 delivers a controlled substance or controlled substance analog, in
709	709	13 violation of:
710	710	14 (1) IC 35-48-4-1 (dealing in cocaine or a narcotic drug);
711	711	15 (2) IC 35-48-4-1.1 (dealing in methamphetamine);
712	712	16 (3) IC 35-48-4-1.2 (manufacturing methamphetamine); or
713	713	17 (4) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
714	714	18 substance);
715	715	19 that, when the controlled substance is used, injected, inhaled,
716	716	20 absorbed, or ingested, results in serious bodily injury to a human
717	717	21 being, commits dealing in a controlled substance resulting in
718	718	22 serious bodily injury, a Level 2 felony.
719	719	23 (b) (c) A person who knowingly or intentionally manufactures or
720	720	24 delivers a controlled substance, in violation of IC 35-48-4-3, that, when
721	721	25 the controlled substance is used, injected, inhaled, absorbed, or
722	722	26 ingested, results in the death of a human being who used the controlled
723	723	27 substance, commits dealing in a controlled substance resulting in death,
724	724	28 a Level 2 felony.
725	725	29 (c) (d) A person who knowingly or intentionally manufactures or
726	726	30 delivers a controlled substance, in violation of IC 35-48-4-4, an offense
727	727	31 under IC 35-48-4 involving a synthetic drug (as defined in
728	728	32 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
729	729	33 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
730	730	34 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
731	731	35 substance analog (as defined in IC 35-48-1-9.3), or a substance
732	732	36 represented to be a controlled substance (as described in
733	733	37 IC 35-48-4-4.6), that, when the controlled substance is used, injected,
734	734	38 inhaled, absorbed, or ingested, results in the death of a human being
735	735	39 who used the controlled substance, commits dealing in a controlled
736	736	40 substance resulting in death, a Level 3 felony.
737	737	41 (d) (e) It is not a defense to an offense described in this section that
738	738	42 the human being died:
739	739	2024 IN 1223—LS 6894/DI 106 18
740	740	1 (1) after voluntarily using, injecting, inhaling, absorbing, or
741	741	2 ingesting a controlled substance or controlled substance analog;
742	742	3 or
743	743	4 (2) as a result of using the controlled substance or controlled
744	744	5 substance analog in combination with alcohol or another
745	745	6 controlled substance or with any other compound, mixture,
746	746	7 diluent, or substance.
747	747	8 SECTION 8. IC 35-45-6-1, AS AMENDED BY P.L.185-2023,
748	748	9 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
749	749	10 JULY 1, 2024]: Sec. 1. (a) The definitions in this section apply
750	750	11 throughout this chapter.
751	751	12 (b) "Documentary material" means any document, drawing,
752	752	13 photograph, recording, or other tangible item containing compiled data
753	753	14 from which information can be either obtained or translated into a
754	754	15 usable form.
755	755	16 (c) "Enterprise" means:
756	756	17 (1) a sole proprietorship, corporation, limited liability company,
757	757	18 partnership, business trust, or governmental entity; or
758	758	19 (2) a union, an association, or a group, whether a legal entity or
759	759	20 merely associated in fact.
760	760	21 (d) "Pattern of racketeering activity" means engaging in at least two
761	761	22 (2) incidents of racketeering activity that have the same or similar
762	762	23 intent, result, accomplice, victim, or method of commission, or that are
763	763	24 otherwise interrelated by distinguishing characteristics that are not
764	764	25 isolated incidents. However, the incidents are a pattern of racketeering
765	765	26 activity only if at least one (1) of the incidents occurred after August
766	766	27 31, 1980, and if the last of the incidents occurred within five (5) years
767	767	28 after a prior incident of racketeering activity.
768	768	29 (e) "Racketeering activity" means to commit, to attempt to commit,
769	769	30 to conspire to commit a violation of, or aiding and abetting in a
770	770	31 violation of any of the following:
771	771	32 (1) A provision of IC 23-19, or of a rule or order issued under
772	772	33 IC 23-19.
773	773	34 (2) A violation of IC 35-45-9.
774	774	35 (3) A violation of IC 35-47.
775	775	36 (4) A violation of IC 35-49-3.
776	776	37 (5) Murder (IC 35-42-1-1).
777	777	38 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
778	778	39 felony after June 30, 2014 (IC 35-42-2-1).
779	779	40 (7) Kidnapping (IC 35-42-3-2).
780	780	41 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
781	781	42 (9) Child exploitation (IC 35-42-4-4).
782	782	2024 IN 1223—LS 6894/DI 106 19
783	783	1 (10) Robbery (IC 35-42-5-1).
784	784	2 (11) Carjacking (IC 35-42-5-2) (before its repeal).
785	785	3 (12) Arson (IC 35-43-1-1).
786	786	4 (13) Burglary (IC 35-43-2-1).
787	787	5 (14) Theft (IC 35-43-4-2).
788	788	6 (15) Receiving stolen property (IC 35-43-4-2) (before its
789	789	7 amendment on July 1, 2018).
790	790	8 (16) Forgery (IC 35-43-5-2).
791	791	9 (17) An offense under IC 35-43-5.
792	792	10 (18) Bribery (IC 35-44.1-1-2).
793	793	11 (19) Official misconduct (IC 35-44.1-1-1).
794	794	12 (20) Conflict of interest (IC 35-44.1-1-4).
795	795	13 (21) Perjury (IC 35-44.1-2-1).
796	796	14 (22) Obstruction of justice (IC 35-44.1-2-2).
797	797	15 (23) Intimidation (IC 35-45-2-1).
798	798	16 (24) Promoting prostitution (IC 35-45-4-4).
799	799	17 (25) Professional gambling (IC 35-45-5-3).
800	800	18 (26) Maintaining a professional gambling site (IC
801	801	19 35-45-5-3.5(b)).
802	802	20 (27) Promoting professional gambling (IC 35-45-5-4).
803	803	21 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
804	804	22 35-48-4-1).
805	805	23 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
806	806	24 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
807	807	25 (31) Dealing in a schedule I, II, or III controlled substance (IC
808	808	26 35-48-4-2).
809	809	27 (32) Dealing in a schedule IV controlled substance (IC
810	810	28 35-48-4-3).
811	811	29 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
812	812	30 (34) Dealing in marijuana, hash oil, hashish, or salvia (IC
813	813	31 35-48-4-10).
814	814	32 (35) Money laundering (IC 35-45-15-5).
815	815	33 (36) A violation of IC 35-47.5-5.
816	816	34 (37) A violation of any of the following:
817	817	35 (A) IC 23-14-48-9.
818	818	36 (B) IC 30-2-9-7(b).
819	819	37 (C) IC 30-2-10-9(b).
820	820	38 (D) IC 30-2-13-38(f).
821	821	39 (38) Practice of law by a person who is not an attorney (IC
822	822	40 33-43-2-1).
823	823	41 (39) An offense listed in IC 35-48-4 involving the manufacture or
824	824	42 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
825	825	2024 IN 1223—LS 6894/DI 106 20
826	826	1 synthetic drug lookalike substance (as defined in
827	827	2 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
828	828	3 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
829	829	4 substance analog (as defined in IC 35-48-1-9.3), or a substance
830	830	5 represented to be a controlled substance (as described in
831	831	6 IC 35-48-4-4.6).
832	832	7 (40) Dealing in a controlled substance resulting in death or
833	833	8 serious bodily injury (IC 35-42-1-1.5).
834	834	9 (41) Organized retail theft (IC 35-43-4-2.2).
835	835	10 SECTION 9. IC 35-47-4-5, AS AMENDED BY P.L.28-2023,
836	836	11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
837	837	12 JULY 1, 2024]: Sec. 5. (a) As used in this section, "serious violent
838	838	13 felon" means a person who has been convicted of committing a serious
839	839	14 violent felony.
840	840	15 (b) As used in this section, "serious violent felony" means:
841	841	16 (1) murder (IC 35-42-1-1);
842	842	17 (2) attempted murder (IC 35-41-5-1);
843	843	18 (3) voluntary manslaughter (IC 35-42-1-3);
844	844	19 (4) reckless homicide not committed by means of a vehicle (IC
845	845	20 35-42-1-5);
846	846	21 (5) battery (IC 35-42-2-1) as a:
847	847	22 (A) Class A felony, Class B felony, or Class C felony, for a
848	848	23 crime committed before July 1, 2014; or
849	849	24 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
850	850	25 felony, for a crime committed after June 30, 2014;
851	851	26 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
852	852	27 3 felony, Level 4 felony, or Level 5 felony;
853	853	28 (7) aggravated battery (IC 35-42-2-1.5);
854	854	29 (8) strangulation (IC 35-42-2-9);
855	855	30 (9) kidnapping (IC 35-42-3-2);
856	856	31 (10) criminal confinement (IC 35-42-3-3);
857	857	32 (11) a human or sexual trafficking offense under IC 35-42-3.5;
858	858	33 (12) rape (IC 35-42-4-1);
859	859	34 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
860	860	35 (14) child molesting (IC 35-42-4-3);
861	861	36 (15) sexual battery (IC 35-42-4-8) as a:
862	862	37 (A) Class C felony, for a crime committed before July 1, 2014;
863	863	38 or
864	864	39 (B) Level 5 felony, for a crime committed after June 30, 2014;
865	865	40 (16) robbery (IC 35-42-5-1);
866	866	41 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
867	867	42 (18) arson (IC 35-43-1-1(a)) as a:
868	868	2024 IN 1223—LS 6894/DI 106 21
869	869	1 (A) Class A felony or Class B felony, for a crime committed
870	870	2 before July 1, 2014; or
871	871	3 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
872	872	4 crime committed after June 30, 2014;
873	873	5 (19) burglary (IC 35-43-2-1) as a:
874	874	6 (A) Class A felony or Class B felony, for a crime committed
875	875	7 before July 1, 2014; or
876	876	8 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
877	877	9 felony, for a crime committed after June 30, 2014;
878	878	10 (20) assisting a criminal (IC 35-44.1-2-5) as a:
879	879	11 (A) Class C felony, for a crime committed before July 1, 2014;
880	880	12 or
881	881	13 (B) Level 5 felony, for a crime committed after June 30, 2014;
882	882	14 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
883	883	15 (A) Class B felony or Class C felony, for a crime committed
884	884	16 before July 1, 2014; or
885	885	17 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
886	886	18 crime committed after June 30, 2014;
887	887	19 (22) escape (IC 35-44.1-3-4) as a:
888	888	20 (A) Class B felony or Class C felony, for a crime committed
889	889	21 before July 1, 2014; or
890	890	22 (B) Level 4 felony or Level 5 felony, for a crime committed
891	891	23 after June 30, 2014;
892	892	24 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
893	893	25 (A) Class C felony, for a crime committed before July 1, 2014;
894	894	26 or
895	895	27 (B) Level 5 felony, for a crime committed after June 30, 2014;
896	896	28 (24) criminal organization intimidation (IC 35-45-9-4);
897	897	29 (25) stalking (IC 35-45-10-5) as a:
898	898	30 (A) Class B felony or Class C felony, for a crime committed
899	899	31 before July 1, 2014; or
900	900	32 (B) Level 4 felony or Level 5 felony, for a crime committed
901	901	33 after June 30, 2014;
902	902	34 (26) incest (IC 35-46-1-3);
903	903	35 (27) dealing in or manufacturing cocaine or a narcotic drug (IC
904	904	36 35-48-4-1);
905	905	37 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
906	906	38 manufacturing methamphetamine (IC 35-48-4-1.2);
907	907	39 (29) dealing in a schedule I, II, or III controlled substance (IC
908	908	40 35-48-4-2);
909	909	41 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
910	910	42 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
911	911	2024 IN 1223—LS 6894/DI 106 22
912	912	1 or
913	913	2 (32) dealing in a controlled substance resulting in death or
914	914	3 serious bodily injury (IC 35-42-1-1.5).
915	915	4 (c) A serious violent felon who knowingly or intentionally possesses
916	916	5 a firearm commits unlawful possession of a firearm by a serious violent
917	917	6 felon, a Level 4 felony.
918	918	2024 IN 1223—LS 6894/DI 106