Introduced Version
HOUSE BILL No. 1223
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-31-3-14.5; IC 20-28-5-8; IC 22-15-5-16;
IC 25-1-1.1-3; IC 34-24-1-1; IC 35-31.5-2-217; IC 35-42-1-1.5;
IC 35-45-6-1; IC 35-47-4-5.
Synopsis: Penalties for drug dealing. Makes dealing in certain
controlled substances a Level 2 felony if use of the substance results in
serious bodily injury. Makes certain collateral consequences (such as
licensure, forfeiture, racketeering, or designation as a serious violent
felon) for committing the offense the same as the collateral
consequences of committing dealing in a controlled substance resulting
in death.
Effective: July 1, 2024.
Haggard, Meltzer, Garcia Wilburn
January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1223—LS 6894/DI 106 Introduced
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1223
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 16-31-3-14.5, AS AMENDED BY P.L.142-2020,
2 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 14.5. The department of homeland security may
4 issue an order under IC 4-21.5-3-6 to deny an applicant's request for
5 certification or licensure or permanently revoke a certificate or license
6 under procedures provided by section 14 of this chapter if the
7 individual who holds the certificate or license issued under this title is
8 convicted of any of the following:
9 (1) Dealing in a controlled substance resulting in death or serious
10 bodily injury under IC 35-42-1-1.5.
11 (2) Dealing in or manufacturing cocaine or a narcotic drug under
12 IC 35-48-4-1.
13 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
14 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
15 (5) Dealing in a schedule I, II, or III controlled substance under
16 IC 35-48-4-2.
17 (6) Dealing in a schedule IV controlled substance under
2024 IN 1223—LS 6894/DI 106 2
1 IC 35-48-4-3.
2 (7) Dealing in a schedule V controlled substance under
3 IC 35-48-4-4.
4 (8) Dealing in a substance represented to be a controlled
5 substance under IC 35-48-4-4.5 (repealed).
6 (9) Knowingly or intentionally manufacturing, advertising,
7 distributing, or possessing with intent to manufacture, advertise,
8 or distribute a substance represented to be a controlled substance
9 under IC 35-48-4-4.6.
10 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
11 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
12 under IC 35-48-4-10.
13 (12) An offense under 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 (13) A crime of violence (as defined in IC 35-50-1-2(a)).
22 SECTION 2. IC 20-28-5-8, AS AMENDED BY P.L.125-2022,
23 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 8. (a) This section applies when a prosecuting
25 attorney knows that a licensed employee of a public school or a
26 nonpublic school has been convicted of an offense listed in subsection
27 (c). The prosecuting attorney shall immediately give written notice of
28 the conviction to the following:
29 (1) The secretary of education.
30 (2) Except as provided in subdivision (3), the superintendent of
31 the school corporation that employs the licensed employee or the
32 equivalent authority if a nonpublic school employs the licensed
33 employee.
34 (3) The presiding officer of the governing body of the school
35 corporation that employs the licensed employee, if the convicted
36 licensed employee is the superintendent of the school corporation.
37 (b) The superintendent of a school corporation, presiding officer of
38 the governing body, or equivalent authority for a nonpublic school shall
39 immediately notify the secretary of education when the individual
40 knows that a current or former licensed employee of the public school
41 or nonpublic school has been convicted of an offense listed in
42 subsection (c), or when the governing body or equivalent authority for
2024 IN 1223—LS 6894/DI 106 3
1 a nonpublic school takes any final action in relation to an employee
2 who engaged in any offense listed in subsection (c).
3 (c) Except as provided in section 8.5 of this chapter, the department
4 shall permanently revoke the license of a person who is known by the
5 department to have been convicted of any of the following:
6 (1) The following felonies:
7 (A) A sex crime under IC 35-42-4 (including criminal deviate
8 conduct (IC 35-42-4-2) (before its repeal)).
9 (B) Kidnapping (IC 35-42-3-2).
10 (C) Criminal confinement (IC 35-42-3-3).
11 (D) Incest (IC 35-46-1-3).
12 (E) Dealing in or manufacturing cocaine or a narcotic drug (IC
13 35-48-4-1).
14 (F) Dealing in methamphetamine (IC 35-48-4-1.1).
15 (G) Manufacturing methamphetamine (IC 35-48-4-1.2).
16 (H) Dealing in a schedule I, II, or III controlled substance (IC
17 35-48-4-2).
18 (I) Dealing in a schedule IV controlled substance (IC
19 35-48-4-3).
20 (J) Dealing in a schedule V controlled substance (IC
21 35-48-4-4).
22 (K) Dealing in a counterfeit substance (IC 35-48-4-5).
23 (L) Dealing in marijuana, hash oil, hashish, or salvia as a
24 felony (IC 35-48-4-10).
25 (M) An offense under IC 35-48-4 involving the manufacture
26 or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
27 synthetic drug lookalike substance (as defined in
28 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
29 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a
30 controlled substance analog (as defined in IC 35-48-1-9.3), or
31 a substance represented to be a controlled substance (as
32 described in IC 35-48-4-4.6).
33 (N) Homicide (IC 35-42-1).
34 (O) Voluntary manslaughter (IC 35-42-1-3).
35 (P) Reckless homicide (IC 35-42-1-5).
36 (Q) Battery as any of the following:
37 (i) A Class A felony (for a crime committed before July 1,
38 2014) or a Level 2 felony (for a crime committed after June
39 30, 2014).
40 (ii) A Class B felony (for a crime committed before July 1,
41 2014) or a Level 3 felony (for a crime committed after June
42 30, 2014).
2024 IN 1223—LS 6894/DI 106 4
1 (iii) A Class C felony (for a crime committed before July 1,
2 2014) or a Level 5 felony (for a crime committed after June
3 30, 2014).
4 (R) Aggravated battery (IC 35-42-2-1.5).
5 (S) Robbery (IC 35-42-5-1).
6 (T) Carjacking (IC 35-42-5-2) (before its repeal).
7 (U) Arson as a Class A felony or Class B felony (for a crime
8 committed before July 1, 2014) or as a Level 2, Level 3, or
9 Level 4 felony (for a crime committed after June 30, 2014) (IC
10 35-43-1-1(a)).
11 (V) Burglary as a Class A felony or Class B felony (for a crime
12 committed before July 1, 2014) or as a Level 1, Level 2, Level
13 3, or Level 4 felony (for a crime committed after June 30,
14 2014) (IC 35-43-2-1).
15 (W) Human trafficking (IC 35-42-3.5).
16 (X) Dealing in a controlled substance resulting in death or
17 serious bodily injury (IC 35-42-1-1.5).
18 (Y) Attempt under IC 35-41-5-1 to commit an offense listed in
19 this subsection.
20 (Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
21 in this subsection.
22 (2) Public indecency (IC 35-45-4-1) committed:
23 (A) after June 30, 2003; or
24 (B) before July 1, 2003, if the person committed the offense
25 by, in a public place:
26 (i) engaging in sexual intercourse or other sexual conduct
27 (as defined in IC 35-31.5-2-221.5);
28 (ii) appearing in a state of nudity with the intent to arouse
29 the sexual desires of the person or another person, or being
30 at least eighteen (18) years of age, with the intent to be seen
31 by a child less than sixteen (16) years of age; or
32 (iii) fondling the person's genitals or the genitals of another
33 person.
34 (d) The department shall permanently revoke the license of a person
35 who is known by the department to have been convicted of a federal
36 offense or an offense in another state that is comparable to a felony or
37 misdemeanor listed in subsection (c).
38 (e) A license may be suspended by the secretary of education as
39 specified in IC 20-28-7.5.
40 (f) The department shall develop a data base of information on
41 school corporation employees who have been reported to the
42 department under this section.
2024 IN 1223—LS 6894/DI 106 5
1 (g) Upon receipt of information from the office of judicial
2 administration in accordance with IC 33-24-6-3 concerning persons
3 convicted of an offense listed in subsection (c), the department shall:
4 (1) cross check the information received from the office of
5 judicial administration with information concerning licensed
6 teachers (as defined in IC 20-18-2-22(b)) maintained by the
7 department; and
8 (2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
9 convicted of an offense described in subsection (c), revoke the
10 licensed teacher's license.
11 SECTION 3. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
12 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 16. (a) A practitioner shall comply with the
14 standards established under this licensing program. A practitioner is
15 subject to the exercise of the disciplinary sanctions under subsection
16 (b) if the department finds that a practitioner has:
17 (1) engaged in or knowingly cooperated in fraud or material
18 deception in order to obtain a license to practice, including
19 cheating on a licensing examination;
20 (2) engaged in fraud or material deception in the course of
21 professional services or activities;
22 (3) advertised services or goods in a false or misleading manner;
23 (4) falsified or knowingly allowed another person to falsify
24 attendance records or certificates of completion of continuing
25 education courses provided under this chapter;
26 (5) been convicted of a crime that has a direct bearing on the
27 practitioner's ability to continue to practice competently;
28 (6) knowingly violated a state statute or rule or federal statute or
29 regulation regulating the profession for which the practitioner is
30 licensed;
31 (7) continued to practice although the practitioner has become
32 unfit to practice due to:
33 (A) professional incompetence;
34 (B) failure to keep abreast of current professional theory or
35 practice;
36 (C) physical or mental disability; or
37 (D) addiction to, abuse of, or severe dependency on alcohol or
38 other drugs that endanger the public by impairing a
39 practitioner's ability to practice safely;
40 (8) engaged in a course of lewd or immoral conduct in connection
41 with the delivery of services to the public;
42 (9) allowed the practitioner's name or a license issued under this
2024 IN 1223—LS 6894/DI 106 6
1 chapter to be used in connection with an individual or business
2 who renders services beyond the scope of that individual's or
3 business's training, experience, or competence;
4 (10) had disciplinary action taken against the practitioner or the
5 practitioner's license to practice in another state or jurisdiction on
6 grounds similar to those under this chapter;
7 (11) assisted another person in committing an act that would
8 constitute a ground for disciplinary sanction under this chapter;
9 or
10 (12) allowed a license issued by the department to be:
11 (A) used by another person; or
12 (B) displayed to the public when the license has expired, is
13 inactive, is invalid, or has been revoked or suspended.
14 For purposes of subdivision (10), a certified copy of a record of
15 disciplinary action constitutes prima facie evidence of a disciplinary
16 action in another jurisdiction.
17 (b) The department may impose one (1) or more of the following
18 sanctions if the department finds that a practitioner is subject to
19 disciplinary sanctions under subsection (a):
20 (1) Permanent revocation of a practitioner's license.
21 (2) Suspension of a practitioner's license.
22 (3) Censure of a practitioner.
23 (4) Issuance of a letter of reprimand.
24 (5) Assessment of a civil penalty against the practitioner in
25 accordance with the following:
26 (A) The civil penalty may not be more than one thousand
27 dollars ($1,000) for each violation listed in subsection (a),
28 except for a finding of incompetency due to a physical or
29 mental disability.
30 (B) When imposing a civil penalty, the department shall
31 consider a practitioner's ability to pay the amount assessed. If
32 the practitioner fails to pay the civil penalty within the time
33 specified by the department, the department may suspend the
34 practitioner's license without additional proceedings. However,
35 a suspension may not be imposed if the sole basis for the
36 suspension is the practitioner's inability to pay a civil penalty.
37 (6) Placement of a practitioner on probation status and
38 requirement of the practitioner to:
39 (A) report regularly to the department upon the matters that
40 are the basis of probation;
41 (B) limit practice to those areas prescribed by the department;
42 (C) continue or renew professional education approved by the
2024 IN 1223—LS 6894/DI 106 7
1 department until a satisfactory degree of skill has been attained
2 in those areas that are the basis of the probation; or
3 (D) perform or refrain from performing any acts, including
4 community restitution or service without compensation, that
5 the department considers appropriate to the public interest or
6 to the rehabilitation or treatment of the practitioner.
7 The department may withdraw or modify this probation if the
8 department finds after a hearing that the deficiency that required
9 disciplinary action has been remedied or that changed
10 circumstances warrant a modification of the order.
11 (c) If an applicant or a practitioner has engaged in or knowingly
12 cooperated in fraud or material deception to obtain a license to
13 practice, including cheating on the licensing examination, the
14 department may rescind the license if it has been granted, void the
15 examination or other fraudulent or deceptive material, and prohibit the
16 applicant from reapplying for the license for a length of time
17 established by the department.
18 (d) The department may deny licensure to an applicant who has had
19 disciplinary action taken against the applicant or the applicant's license
20 to practice in another state or jurisdiction or who has practiced without
21 a license in violation of the law. A certified copy of the record of
22 disciplinary action is conclusive evidence of the other jurisdiction's
23 disciplinary action.
24 (e) The department may order a practitioner to submit to a
25 reasonable physical or mental examination if the practitioner's physical
26 or mental capacity to practice safely and competently is at issue in a
27 disciplinary proceeding. Failure to comply with a department order to
28 submit to a physical or mental examination makes a practitioner liable
29 to temporary suspension under subsection (j).
30 (f) Except as provided under subsection (g) or (h), a license may not
31 be denied, revoked, or suspended because the applicant or holder has
32 been convicted of an offense. The acts from which the applicant's or
33 holder's conviction resulted may, however, be considered as to whether
34 the applicant or holder should be entrusted to serve the public in a
35 specific capacity.
36 (g) The department may deny, suspend, or revoke a license issued
37 under this chapter if the individual who holds the license is convicted
38 of any of the following:
39 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
40 (2) Possession of methamphetamine under IC 35-48-4-6.1.
41 (3) Possession of a controlled substance under IC 35-48-4-7(a).
42 (4) Fraudulently obtaining a controlled substance under
2024 IN 1223—LS 6894/DI 106 8
1 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
2 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
3 (5) Manufacture of paraphernalia as a Class D felony (for a crime
4 committed before July 1, 2014) or a Level 6 felony (for a crime
5 committed after June 30, 2014) under IC 35-48-4-8.1(b).
6 (6) Dealing in paraphernalia as a Class D felony (for a crime
7 committed before July 1, 2014) or a Level 6 felony (for a crime
8 committed after June 30, 2014) under IC 35-48-4-8.5(b).
9 (7) Possession of paraphernalia as a Class D felony (for a crime
10 committed before July 1, 2014) or a Level 6 felony (for a crime
11 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
12 its amendment on July 1, 2015).
13 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
14 D felony (for a crime committed before July 1, 2014) or a Level
15 6 felony (for a crime committed after June 30, 2014) under
16 IC 35-48-4-11.
17 (9) A felony offense under IC 35-48-4 involving possession of a
18 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
19 controlled substance analog (as defined in IC 35-48-1-9.3), or
20 possession of a synthetic drug lookalike substance (as defined in
21 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
22 (A) Class D felony for a crime committed before July 1, 2014;
23 or
24 (B) Level 6 felony for a crime committed after June 30, 2014;
25 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
26 (10) Maintaining a common nuisance under IC 35-48-4-13
27 (repealed) or IC 35-45-1-5, if the common nuisance involves a
28 controlled substance.
29 (11) An offense relating to registration, labeling, and prescription
30 forms under IC 35-48-4-14.
31 (h) The department shall deny, revoke, or suspend a license issued
32 under this chapter if the individual who holds the license is convicted
33 of any of the following:
34 (1) Dealing in a controlled substance resulting in death or serious
35 bodily injury under IC 35-42-1-1.5.
36 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
37 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
38 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
39 (5) Dealing in a schedule I, II, or III controlled substance under
40 IC 35-48-4-2.
41 (6) Dealing in a schedule IV controlled substance under
42 IC 35-48-4-3.
2024 IN 1223—LS 6894/DI 106 9
1 (7) Dealing in a schedule V controlled substance under
2 IC 35-48-4-4.
3 (8) Dealing in a substance represented to be a controlled
4 substance under IC 35-48-4-4.5 (repealed).
5 (9) Knowingly or intentionally manufacturing, advertising,
6 distributing, or possessing with intent to manufacture, advertise,
7 or distribute a substance represented to be a controlled substance
8 under IC 35-48-4-4.6.
9 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
10 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
11 under IC 35-48-4-10.
12 (12) An offense under IC 35-48-4 involving the manufacture or
13 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
14 synthetic drug lookalike substance (as defined in
15 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
16 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
17 substance analog (as defined in IC 35-48-1-9.3), or a substance
18 represented to be a controlled substance (as described in
19 IC 35-48-4-4.6).
20 (13) A violation of any federal or state drug law or rule related to
21 wholesale legend drug distributors licensed under IC 25-26-14.
22 (i) A decision of the department under subsections (b) through (h)
23 may be appealed to the commission under IC 4-21.5-3-7.
24 (j) The department may temporarily suspend a practitioner's license
25 under IC 4-21.5-4 before a final adjudication or during the appeals
26 process if the department finds that a practitioner represents a clear and
27 immediate danger to the public's health, safety, or property if the
28 practitioner is allowed to continue to practice.
29 (k) On receipt of a complaint or an information alleging that a
30 person licensed under this chapter has engaged in or is engaging in a
31 practice that jeopardizes the public health, safety, or welfare, the
32 department shall initiate an investigation against the person.
33 (l) Any complaint filed with the office of the attorney general
34 alleging a violation of this licensing program shall be referred to the
35 department for summary review and for its general information and any
36 authorized action at the time of the filing.
37 (m) The department shall conduct a fact finding investigation as the
38 department considers proper in relation to the complaint.
39 (n) The department may reinstate a license that has been suspended
40 under this section if, after a hearing, the department is satisfied that the
41 applicant is able to practice with reasonable skill, safety, and
42 competency to the public. As a condition of reinstatement, the
2024 IN 1223—LS 6894/DI 106 10
1 department may impose disciplinary or corrective measures authorized
2 under this chapter.
3 (o) The department may not reinstate a license that has been
4 revoked under this chapter. An individual whose license has been
5 revoked under this chapter may not apply for a new license until seven
6 (7) years after the date of revocation.
7 (p) The department shall seek to achieve consistency 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's findings or orders.
11 (q) A practitioner may petition the department to accept the
12 surrender of the practitioner's license instead of having a hearing before
13 the commission. The practitioner may not surrender the practitioner's
14 license without the written approval of the department, and the
15 department may impose any conditions appropriate to the surrender or
16 reinstatement of a surrendered license.
17 (r) A practitioner who has been subjected to disciplinary sanctions
18 may be required by the commission to pay the costs of the proceeding.
19 The practitioner's ability to pay shall be considered when costs are
20 assessed. If the practitioner fails to pay the costs, a suspension may not
21 be imposed solely upon the practitioner's inability to pay the amount
22 assessed. The costs are limited to costs for the following:
23 (1) Court reporters.
24 (2) Transcripts.
25 (3) Certification of documents.
26 (4) Photo duplication.
27 (5) Witness attendance and mileage fees.
28 (6) Postage.
29 (7) Expert witnesses.
30 (8) Depositions.
31 (9) Notarizations.
32 SECTION 4. IC 25-1-1.1-3, AS AMENDED BY P.L.142-2020,
33 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2024]: Sec. 3. A board, a commission, or a committee shall
35 revoke or suspend a license or certificate issued under this title by the
36 board, the commission, or the committee if the individual who holds
37 the license or certificate is convicted of any of the following:
38 (1) Dealing in a controlled substance resulting in death or serious
39 bodily injury under IC 35-42-1-1.5.
40 (2) Dealing in or manufacturing cocaine or a narcotic drug under
41 IC 35-48-4-1.
42 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
2024 IN 1223—LS 6894/DI 106 11
1 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
2 (5) Dealing in a schedule I, II, or III controlled substance under
3 IC 35-48-4-2.
4 (6) Dealing in a schedule IV controlled substance under
5 IC 35-48-4-3.
6 (7) Dealing in a schedule V controlled substance under
7 IC 35-48-4-4.
8 (8) Dealing in a substance represented to be a controlled
9 substance under IC 35-48-4-4.5 (before its repeal on July 1,
10 2019).
11 (9) Knowingly or intentionally manufacturing, advertising,
12 distributing, or possessing with intent to manufacture, advertise,
13 or distribute a substance represented to be a controlled substance
14 under IC 35-48-4-4.6.
15 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
16 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
17 under IC 35-48-4-10.
18 (12) An offense under IC 35-48-4 involving the manufacture or
19 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
20 synthetic drug lookalike substance (as defined in
21 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
22 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
23 substance analog (as defined in IC 35-48-1-9.3), or a substance
24 represented to be a controlled substance (as described in
25 IC 35-48-4-4.6).
26 (13) A violation of any federal or state drug law or rule related to
27 wholesale legend drug distributors licensed under IC 25-26-14.
28 SECTION 5. IC 34-24-1-1, AS AMENDED BY P.L.185-2023,
29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 1. (a) The following may be seized:
31 (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used
32 or are intended for use by the person or persons in possession of
33 them to transport or in any manner to facilitate the transportation
34 of the following:
35 (A) A controlled substance for the purpose of committing,
36 attempting to commit, or conspiring to commit any of the
37 following:
38 (i) Dealing in or manufacturing cocaine or a narcotic drug
39 (IC 35-48-4-1).
40 (ii) Dealing in methamphetamine (IC 35-48-4-1.1).
41 (iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
42 (iv) Dealing in a schedule I, II, or III controlled substance
2024 IN 1223—LS 6894/DI 106 12
1 (IC 35-48-4-2).
2 (v) Dealing in a schedule IV controlled substance (IC
3 35-48-4-3).
4 (vi) Dealing in a schedule V controlled substance (IC
5 35-48-4-4).
6 (vii) Dealing in a counterfeit substance (IC 35-48-4-5).
7 (viii) Possession of cocaine or a narcotic drug (IC
8 35-48-4-6).
9 (ix) Possession of methamphetamine (IC 35-48-4-6.1).
10 (x) Dealing in paraphernalia (IC 35-48-4-8.5).
11 (xi) Dealing in marijuana, hash oil, hashish, or salvia (IC
12 35-48-4-10).
13 (xii) An offense under IC 35-48-4 involving a synthetic drug
14 (as defined in IC 35-31.5-2-321), a synthetic drug lookalike
15 substance (as defined in IC 35-31.5-2-321.5 (before its
16 repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its
17 repeal on July 1, 2019), a controlled substance analog (as
18 defined in IC 35-48-1-9.3), or a substance represented to be
19 a controlled substance (as described in IC 35-48-4-4.6).
20 (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted
21 property (IC 35-43-4-3) if the retail or repurchase value of that
22 property is one hundred dollars ($100) or more.
23 (C) Any hazardous waste in violation of IC 13-30-10-1.5.
24 (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of
25 mass destruction (as defined in IC 35-31.5-2-354) used to
26 commit, used in an attempt to commit, or used in a conspiracy
27 to commit a felony terrorist offense (as defined in
28 IC 35-50-2-18) or an offense under IC 35-47 as part of or in
29 furtherance of an act of terrorism (as defined by
30 IC 35-31.5-2-329).
31 (2) All money, negotiable instruments, securities, weapons,
32 communications devices, or any property used to commit, used in
33 an attempt to commit, or used in a conspiracy to commit a felony
34 terrorist offense (as defined in IC 35-50-2-18) or an offense under
35 IC 35-47 as part of or in furtherance of an act of terrorism or
36 commonly used as consideration for a violation of IC 35-48-4
37 (other than items subject to forfeiture under IC 16-42-20-5 or
38 IC 16-6-8.5-5.1, before its repeal):
39 (A) furnished or intended to be furnished by any person in
40 exchange for an act that is in violation of a criminal statute;
41 (B) used to facilitate any violation of a criminal statute; or
42 (C) traceable as proceeds of the violation of a criminal statute.
2024 IN 1223—LS 6894/DI 106 13
1 (3) Any portion of real or personal property purchased with
2 money that is traceable as a proceed of a violation of a criminal
3 statute.
4 (4) A vehicle that is used by 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 murder (IC 35-42-1-1), dealing in a controlled substance resulting
9 in death or serious bodily injury (IC 35-42-1-1.5), kidnapping
10 (IC 35-42-3-2), criminal confinement (IC 35-42-3-3), rape (IC
11 35-42-4-1), child molesting (IC 35-42-4-3), or child exploitation
12 (IC 35-42-4-4), or an offense under IC 35-47 as part of or in
13 furtherance of an act of terrorism.
14 (5) Real property owned by a person who uses it to commit any of
15 the following as a Level 1, Level 2, Level 3, Level 4, or Level 5
16 felony:
17 (A) Dealing in or manufacturing cocaine or a narcotic drug (IC
18 35-48-4-1).
19 (B) Dealing in methamphetamine (IC 35-48-4-1.1).
20 (C) Manufacturing methamphetamine (IC 35-48-4-1.2).
21 (D) Dealing in a schedule I, II, or III controlled substance (IC
22 35-48-4-2).
23 (E) Dealing in a schedule IV controlled substance (IC
24 35-48-4-3).
25 (F) Dealing in marijuana, hash oil, hashish, or salvia (IC
26 35-48-4-10).
27 (G) Dealing in a synthetic drug (as defined in
28 IC 35-31.5-2-321) or synthetic drug lookalike substance (as
29 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
30 2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
31 2019).
32 (H) Dealing in a controlled substance resulting in death or
33 serious bodily injury (IC 35-42-1-1.5).
34 (6) Equipment and recordings used by a person to commit fraud
35 under IC 35-43-5.
36 (7) Recordings sold, rented, transported, or possessed by a person
37 in violation of IC 24-4-10.
38 (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as
39 defined by IC 35-45-6-1) that is the object of a corrupt business
40 influence violation (IC 35-45-6-2).
41 (9) Unlawful telecommunications devices (as defined in
42 IC 35-45-13-6) and plans, instructions, or publications used to
2024 IN 1223—LS 6894/DI 106 14
1 commit an offense under IC 35-45-13.
2 (10) Any equipment, including computer equipment and cellular
3 telephones, used for or intended for use in preparing,
4 photographing, recording, videotaping, digitizing, printing,
5 copying, or disseminating matter in violation of IC 35-42-4.
6 (11) Destructive devices used, possessed, transported, or sold in
7 violation of IC 35-47.5.
8 (12) Tobacco products that are sold in violation of IC 24-3-5,
9 tobacco products that a person attempts to sell in violation of
10 IC 24-3-5, and other personal property owned and used by a
11 person to facilitate a violation of IC 24-3-5.
12 (13) Property used by a person to commit counterfeiting or
13 forgery in violation of IC 35-43-5-2.
14 (14) After December 31, 2005, if a person is convicted of an
15 offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
16 following real or personal property:
17 (A) Property used or intended to be used to commit, facilitate,
18 or promote the commission of the offense.
19 (B) Property constituting, derived from, or traceable to the
20 gross proceeds that the person obtained directly or indirectly
21 as a result of the offense.
22 (15) Except as provided in subsection (e), a vehicle used by a
23 person who operates the vehicle:
24 (A) while intoxicated, in violation of IC 9-30-5-1 through
25 IC 9-30-5-5, if in the previous five (5) years the person has two
26 (2) or more prior unrelated convictions for operating a motor
27 vehicle while intoxicated in violation of IC 9-30-5-1 through
28 IC 9-30-5-5; or
29 (B) on a highway while the person's driving privileges are
30 suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
31 if in the previous five (5) years the person has two (2) or more
32 prior unrelated convictions for operating a vehicle while
33 intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
34 If a court orders the seizure of a vehicle under this subdivision,
35 the court shall transmit an order to the bureau of motor vehicles
36 recommending that the bureau not permit a vehicle to be
37 registered in the name of the person whose vehicle was seized
38 until the person possesses a current driving license (as defined in
39 IC 9-13-2-41).
40 (16) The following real or personal property:
41 (A) Property used or intended to be used to commit, facilitate,
42 or promote the commission of an offense specified in
2024 IN 1223—LS 6894/DI 106 15
1 IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or
2 IC 30-2-13-38(f).
3 (B) Property constituting, derived from, or traceable to the
4 gross proceeds that a person obtains directly or indirectly as a
5 result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
6 IC 30-2-10-9(b), or IC 30-2-13-38(f).
7 (17) Real or personal property, including a vehicle, that is used by
8 a person to:
9 (A) commit, attempt to commit, or conspire to commit;
10 (B) facilitate the commission of; or
11 (C) escape from the commission of;
12 a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
13 trafficking) or IC 35-45-4-4 (promoting prostitution).
14 (b) A vehicle used by any person as a common or contract carrier in
15 the transaction of business as a common or contract carrier is not
16 subject to seizure under this section, unless it can be proven by a
17 preponderance of the evidence that the owner of the vehicle knowingly
18 permitted the vehicle to be used to engage in conduct that subjects it to
19 seizure under subsection (a).
20 (c) Equipment under subsection (a)(10) may not be seized unless it
21 can be proven by a preponderance of the evidence that the owner of the
22 equipment knowingly permitted the equipment to be used to engage in
23 conduct that subjects it to seizure under subsection (a)(10).
24 (d) Money, negotiable instruments, securities, weapons,
25 communications devices, or any property commonly used as
26 consideration for a violation of IC 35-48-4 found near or on a person
27 who is committing, attempting to commit, or conspiring to commit any
28 of the following offenses shall be admitted into evidence in an action
29 under this chapter as prima facie evidence that the money, negotiable
30 instrument, security, or other thing of value is property that has been
31 used or was to have been used to facilitate the violation of a criminal
32 statute or is the proceeds of the violation of a criminal statute:
33 (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in
34 death or serious bodily injury).
35 (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
36 narcotic drug).
37 (3) IC 35-48-4-1.1 (dealing in methamphetamine).
38 (4) IC 35-48-4-1.2 (manufacturing methamphetamine).
39 (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
40 substance).
41 (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
42 (7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
2024 IN 1223—LS 6894/DI 106 16
1 as a Level 4 felony.
2 (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
3 Level 3, Level 4, or Level 5 felony.
4 (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
5 3, Level 4, or Level 5 felony.
6 (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
7 salvia) as a Level 5 felony.
8 (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
9 in a synthetic drug or synthetic drug lookalike substance) as a
10 Level 5 felony or Level 6 felony (or as a Class C felony or Class
11 D felony under IC 35-48-4-10 before its amendment in 2013).
12 (e) A vehicle operated by a person who is not:
13 (1) an owner of the vehicle; or
14 (2) the spouse of the person who owns the vehicle;
15 is not subject to seizure under subsection (a)(15) unless it can be
16 proven by a preponderance of the evidence that the owner of the
17 vehicle knowingly permitted the vehicle to be used to engage in
18 conduct that subjects it to seizure under subsection (a)(15).
19 SECTION 6. IC 35-31.5-2-217, AS AMENDED BY P.L.198-2018,
20 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 217. "Offense relating to controlled substances"
22 means the following:
23 (1) Dealing in a controlled substance resulting in death or serious
24 bodily injury (IC 35-42-1-1.5).
25 (2) Dealing in or manufacturing cocaine or a narcotic drug (IC
26 35-48-4-1).
27 (3) Dealing in methamphetamine (IC 35-48-4-1.1).
28 (4) Manufacturing methamphetamine (IC 35-48-4-1.2).
29 (5) Dealing in a schedule I, II, or III controlled substance (IC
30 35-48-4-2).
31 (6) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
32 (7) Dealing in a schedule V controlled substance (IC 35-48-4-4).
33 (8) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
34 (9) Possession of methamphetamine (IC 35-48-4-6.1).
35 (10) Possession of a controlled substance (IC 35-48-4-7).
36 (11) Possession of paraphernalia (IC 35-48-4-8.3).
37 (12) Dealing in paraphernalia (IC 35-48-4-8.5).
38 (13) Offenses relating to registration (IC 35-48-4-14).
39 SECTION 7. IC 35-42-1-1.5, AS AMENDED BY P.L.80-2019,
40 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 1.5. (a) A person who knowingly or intentionally
42 manufactures or delivers a controlled substance or controlled substance
2024 IN 1223—LS 6894/DI 106 17
1 analog, in violation of:
2 (1) IC 35-48-4-1 (dealing in cocaine or a narcotic drug);
3 (2) IC 35-48-4-1.1 (dealing in methamphetamine);
4 (3) IC 35-48-4-1.2 (manufacturing methamphetamine); or
5 (4) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
6 substance);
7 that, when the controlled substance is used, injected, inhaled, absorbed,
8 or ingested, results in the death of a human being who used the
9 controlled substance, commits dealing in a controlled substance
10 resulting in death, a Level 1 felony.
11 (b) A person who knowingly or intentionally manufactures or
12 delivers a controlled substance or controlled substance analog, in
13 violation of:
14 (1) IC 35-48-4-1 (dealing in cocaine or a narcotic drug);
15 (2) IC 35-48-4-1.1 (dealing in methamphetamine);
16 (3) IC 35-48-4-1.2 (manufacturing methamphetamine); or
17 (4) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
18 substance);
19 that, when the controlled substance is used, injected, inhaled,
20 absorbed, or ingested, results in serious bodily injury to a human
21 being, commits dealing in a controlled substance resulting in
22 serious bodily injury, a Level 2 felony.
23 (b) (c) A person who knowingly or intentionally manufactures or
24 delivers a controlled substance, in violation of IC 35-48-4-3, that, when
25 the controlled substance is used, injected, inhaled, absorbed, or
26 ingested, results in the death of a human being who used the controlled
27 substance, commits dealing in a controlled substance resulting in death,
28 a Level 2 felony.
29 (c) (d) A person who knowingly or intentionally manufactures or
30 delivers a controlled substance, in violation of IC 35-48-4-4, an offense
31 under IC 35-48-4 involving a synthetic drug (as defined in
32 IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in
33 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
34 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
35 substance analog (as defined in IC 35-48-1-9.3), or a substance
36 represented to be a controlled substance (as described in
37 IC 35-48-4-4.6), that, when the controlled substance is used, injected,
38 inhaled, absorbed, or ingested, results in the death of a human being
39 who used the controlled substance, commits dealing in a controlled
40 substance resulting in death, a Level 3 felony.
41 (d) (e) It is not a defense to an offense described in this section that
42 the human being died:
2024 IN 1223—LS 6894/DI 106 18
1 (1) after voluntarily using, injecting, inhaling, absorbing, or
2 ingesting a controlled substance or controlled substance analog;
3 or
4 (2) as a result of using the controlled substance or controlled
5 substance analog in combination with alcohol or another
6 controlled substance or with any other compound, mixture,
7 diluent, or substance.
8 SECTION 8. IC 35-45-6-1, AS AMENDED BY P.L.185-2023,
9 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 1. (a) The definitions in this section apply
11 throughout this chapter.
12 (b) "Documentary material" means any document, drawing,
13 photograph, recording, or other tangible item containing compiled data
14 from which information can be either obtained or translated into a
15 usable form.
16 (c) "Enterprise" means:
17 (1) a sole proprietorship, corporation, limited liability company,
18 partnership, business trust, or governmental entity; or
19 (2) a union, an association, or a group, whether a legal entity or
20 merely associated in fact.
21 (d) "Pattern of racketeering activity" means engaging in at least two
22 (2) incidents of racketeering activity that have the same or similar
23 intent, result, accomplice, victim, or method of commission, or that are
24 otherwise interrelated by distinguishing characteristics that are not
25 isolated incidents. However, the incidents are a pattern of racketeering
26 activity only if at least one (1) of the incidents occurred after August
27 31, 1980, and if the last of the incidents occurred within five (5) years
28 after a prior incident of racketeering activity.
29 (e) "Racketeering activity" means to commit, to attempt to commit,
30 to conspire to commit a violation of, or aiding and abetting in a
31 violation of any of the following:
32 (1) A provision of IC 23-19, or of a rule or order issued under
33 IC 23-19.
34 (2) A violation of IC 35-45-9.
35 (3) A violation of IC 35-47.
36 (4) A violation of IC 35-49-3.
37 (5) Murder (IC 35-42-1-1).
38 (6) Battery as a Class C felony before July 1, 2014, or a Level 5
39 felony after June 30, 2014 (IC 35-42-2-1).
40 (7) Kidnapping (IC 35-42-3-2).
41 (8) Human and sexual trafficking crimes (IC 35-42-3.5).
42 (9) Child exploitation (IC 35-42-4-4).
2024 IN 1223—LS 6894/DI 106 19
1 (10) Robbery (IC 35-42-5-1).
2 (11) Carjacking (IC 35-42-5-2) (before its repeal).
3 (12) Arson (IC 35-43-1-1).
4 (13) Burglary (IC 35-43-2-1).
5 (14) Theft (IC 35-43-4-2).
6 (15) Receiving stolen property (IC 35-43-4-2) (before its
7 amendment on July 1, 2018).
8 (16) Forgery (IC 35-43-5-2).
9 (17) An offense under IC 35-43-5.
10 (18) Bribery (IC 35-44.1-1-2).
11 (19) Official misconduct (IC 35-44.1-1-1).
12 (20) Conflict of interest (IC 35-44.1-1-4).
13 (21) Perjury (IC 35-44.1-2-1).
14 (22) Obstruction of justice (IC 35-44.1-2-2).
15 (23) Intimidation (IC 35-45-2-1).
16 (24) Promoting prostitution (IC 35-45-4-4).
17 (25) Professional gambling (IC 35-45-5-3).
18 (26) Maintaining a professional gambling site (IC
19 35-45-5-3.5(b)).
20 (27) Promoting professional gambling (IC 35-45-5-4).
21 (28) Dealing in or manufacturing cocaine or a narcotic drug (IC
22 35-48-4-1).
23 (29) Dealing in methamphetamine (IC 35-48-4-1.1).
24 (30) Manufacturing methamphetamine (IC 35-48-4-1.2).
25 (31) Dealing in a schedule I, II, or III controlled substance (IC
26 35-48-4-2).
27 (32) Dealing in a schedule IV controlled substance (IC
28 35-48-4-3).
29 (33) Dealing in a schedule V controlled substance (IC 35-48-4-4).
30 (34) Dealing in marijuana, hash oil, hashish, or salvia (IC
31 35-48-4-10).
32 (35) Money laundering (IC 35-45-15-5).
33 (36) A violation of IC 35-47.5-5.
34 (37) A violation of any of the following:
35 (A) IC 23-14-48-9.
36 (B) IC 30-2-9-7(b).
37 (C) IC 30-2-10-9(b).
38 (D) IC 30-2-13-38(f).
39 (38) Practice of law by a person who is not an attorney (IC
40 33-43-2-1).
41 (39) An offense listed in IC 35-48-4 involving the manufacture or
42 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
2024 IN 1223—LS 6894/DI 106 20
1 synthetic drug lookalike substance (as defined in
2 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
3 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
4 substance analog (as defined in IC 35-48-1-9.3), or a substance
5 represented to be a controlled substance (as described in
6 IC 35-48-4-4.6).
7 (40) Dealing in a controlled substance resulting in death or
8 serious bodily injury (IC 35-42-1-1.5).
9 (41) Organized retail theft (IC 35-43-4-2.2).
10 SECTION 9. IC 35-47-4-5, AS AMENDED BY P.L.28-2023,
11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 5. (a) As used in this section, "serious violent
13 felon" means a person who has been convicted of committing a serious
14 violent felony.
15 (b) As used in this section, "serious violent felony" means:
16 (1) murder (IC 35-42-1-1);
17 (2) attempted murder (IC 35-41-5-1);
18 (3) voluntary manslaughter (IC 35-42-1-3);
19 (4) reckless homicide not committed by means of a vehicle (IC
20 35-42-1-5);
21 (5) battery (IC 35-42-2-1) as a:
22 (A) Class A felony, Class B felony, or Class C felony, for a
23 crime committed before July 1, 2014; or
24 (B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
25 felony, for a crime committed after June 30, 2014;
26 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
27 3 felony, Level 4 felony, or Level 5 felony;
28 (7) aggravated battery (IC 35-42-2-1.5);
29 (8) strangulation (IC 35-42-2-9);
30 (9) kidnapping (IC 35-42-3-2);
31 (10) criminal confinement (IC 35-42-3-3);
32 (11) a human or sexual trafficking offense under IC 35-42-3.5;
33 (12) rape (IC 35-42-4-1);
34 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
35 (14) child molesting (IC 35-42-4-3);
36 (15) sexual battery (IC 35-42-4-8) as a:
37 (A) Class C felony, for a crime committed before July 1, 2014;
38 or
39 (B) Level 5 felony, for a crime committed after June 30, 2014;
40 (16) robbery (IC 35-42-5-1);
41 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
42 (18) arson (IC 35-43-1-1(a)) as a:
2024 IN 1223—LS 6894/DI 106 21
1 (A) Class A felony or Class B felony, for a crime committed
2 before July 1, 2014; or
3 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
4 crime committed after June 30, 2014;
5 (19) burglary (IC 35-43-2-1) as a:
6 (A) Class A felony or Class B felony, for a crime committed
7 before July 1, 2014; or
8 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
9 felony, for a crime committed after June 30, 2014;
10 (20) assisting a criminal (IC 35-44.1-2-5) as a:
11 (A) Class C felony, for a crime committed before July 1, 2014;
12 or
13 (B) Level 5 felony, for a crime committed after June 30, 2014;
14 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
15 (A) Class B felony or Class C felony, for a crime committed
16 before July 1, 2014; or
17 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
18 crime committed after June 30, 2014;
19 (22) escape (IC 35-44.1-3-4) as a:
20 (A) Class B felony or Class C felony, for a crime committed
21 before July 1, 2014; or
22 (B) Level 4 felony or Level 5 felony, for a crime committed
23 after June 30, 2014;
24 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
25 (A) Class C felony, for a crime committed before July 1, 2014;
26 or
27 (B) Level 5 felony, for a crime committed after June 30, 2014;
28 (24) criminal organization intimidation (IC 35-45-9-4);
29 (25) stalking (IC 35-45-10-5) as a:
30 (A) Class B felony or Class C felony, for a crime committed
31 before July 1, 2014; or
32 (B) Level 4 felony or Level 5 felony, for a crime committed
33 after June 30, 2014;
34 (26) incest (IC 35-46-1-3);
35 (27) dealing in or manufacturing cocaine or a narcotic drug (IC
36 35-48-4-1);
37 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
38 manufacturing methamphetamine (IC 35-48-4-1.2);
39 (29) dealing in a schedule I, II, or III controlled substance (IC
40 35-48-4-2);
41 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
42 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
2024 IN 1223—LS 6894/DI 106 22
1 or
2 (32) dealing in a controlled substance resulting in death or
3 serious bodily injury (IC 35-42-1-1.5).
4 (c) A serious violent felon who knowingly or intentionally possesses
5 a firearm commits unlawful possession of a firearm by a serious violent
6 felon, a Level 4 felony.
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