Introduced Version
HOUSE BILL No. 1298
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-6; IC 10-10.5-1-3; IC 35-31.5-2-185.
Synopsis: Attorney general investigators. Establishes enforcement
departments within the state Medicaid fraud control unit and the
identity theft unit of the office of the attorney general. Provides that an
investigator of the department who is designated by the attorney
general as a law enforcement officer has law enforcement powers that
are limited to carrying out the unit's responsibilities.
Effective: July 1, 2024.
Speedy
January 10, 2024, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2024 IN 1298—LS 6841/DI 87 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. 1298
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-6-10-4 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 4. (a) An enforcement department is established
4 within the state Medicaid fraud control unit as a criminal justice
5 agency for purposes of IC 5-2-4 and IC 10-13-3.
6 (b) The enforcement department consists of investigators:
7 (1) employed by the state Medicaid fraud control unit; and
8 (2) designated by the attorney general as law enforcement
9 officers.
10 (c) An investigator designated under subsection (b) has all the
11 powers and duties of a law enforcement officer, but only with
12 regard to:
13 (1) conducting investigations under IC 4-6-10; and
14 (2) serving any process, notice, or order:
15 (A) connected with the enforcement of IC 4-6-10; and
16 (B) issued by an officer, authority, or court.
17 SECTION 2. IC 4-6-13-10 IS ADDED TO THE INDIANA CODE
2024 IN 1298—LS 6841/DI 87 2
1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2 1, 2024]: Sec. 10. (a) An enforcement department is established
3 within the unit as a criminal justice agency for purposes of IC 5-2-4
4 and IC 10-13-3.
5 (b) The enforcement department consists of investigators:
6 (1) employed by the unit; and
7 (2) designated by the attorney general as law enforcement
8 officers.
9 (c) An investigator designated under subsection (b) has all the
10 powers and duties of a law enforcement officer, but only with
11 regard to:
12 (1) conducting investigations under IC 4-6-13; and
13 (2) serving any process, notice, or order:
14 (A) connected with the enforcement of IC 4-6-13; and
15 (B) issued by an officer, authority, or court.
16 SECTION 3. IC 10-10.5-1-3, AS AMENDED BY P.L.122-2023,
17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 3. "Law enforcement officer" means any of the
19 following:
20 (1) A state police officer, enforcement officer of the alcohol and
21 tobacco commission, or conservation officer.
22 (2) A county, city, town, or tribal police officer.
23 (3) A police officer appointed by a state educational institution
24 under IC 21-39-4 or school corporation under IC 20-26-16.
25 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
26 under IC 4-33-20.
27 (5) A hospital police officer employed by a hospital police
28 department established under IC 16-18-4.
29 (6) An investigator of the office of the attorney general who is
30 designated a law enforcement officer under IC 4-6-10-4 or
31 IC 4-6-13-10.
32 SECTION 4. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
33 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2024]: Sec. 185. (a) "Law enforcement officer" means:
35 (1) a police officer (including a tribal police officer, a correctional
36 police officer, and a hospital police officer employed by a hospital
37 police department established under IC 16-18-4), sheriff,
38 constable, marshal, prosecuting attorney, special prosecuting
39 attorney, special deputy prosecuting attorney, the securities
40 commissioner, or the inspector general;
41 (2) a deputy of any of those persons;
42 (3) an investigator for a prosecuting attorney or for the inspector
2024 IN 1298—LS 6841/DI 87 3
1 general;
2 (4) a conservation officer;
3 (5) an enforcement officer of the alcohol and tobacco
4 commission;
5 (6) an enforcement officer of the securities division of the office
6 of the secretary of state; or
7 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
8 control officer employed by the gaming control division under
9 IC 4-33-20; or
10 (8) an investigator of the office of the attorney general who is
11 designated a law enforcement officer under IC 4-6-10-4 or
12 IC 4-6-13-10.
13 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
14 includes an alcoholic beverage enforcement officer, as set forth in
15 IC 35-42-2-1.
16 (c) "Law enforcement officer", for purposes of IC 35-45-15,
17 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
18 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
19 IC 35-44.1-3-2, includes a school resource officer (as defined in
20 IC 20-26-18.2-1) and a school corporation police officer appointed
21 under IC 20-26-16.
22 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
23 meaning set forth in IC 35-40.5-1-1.
2024 IN 1298—LS 6841/DI 87