IN
Indiana House Bill HB1298

Indiana 2024 Regular Session

Indiana House Bill HB1298 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1298
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 4-6; IC 10-10.5-1-3; IC 35-31.5-2-185.
77 Synopsis: Attorney general investigators. Establishes enforcement
88 departments within the state Medicaid fraud control unit and the
99 identity theft unit of the office of the attorney general. Provides that an
1010 investigator of the department who is designated by the attorney
1111 general as a law enforcement officer has law enforcement powers that
1212 are limited to carrying out the unit's responsibilities.
1313 Effective: July 1, 2024.
1414 Speedy
1515 January 10, 2024, read first time and referred to Committee on Veterans Affairs and Public
1616 Safety.
1717 2024 IN 1298—LS 6841/DI 87 Introduced
1818 Second Regular Session of the 123rd General Assembly (2024)
1919 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2020 Constitution) is being amended, the text of the existing provision will appear in this style type,
2121 additions will appear in this style type, and deletions will appear in this style type.
2222 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2323 provision adopted), the text of the new provision will appear in this style type. Also, the
2424 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2525 a new provision to the Indiana Code or the Indiana Constitution.
2626 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2727 between statutes enacted by the 2023 Regular Session of the General Assembly.
2828 HOUSE BILL No. 1298
2929 A BILL FOR AN ACT to amend the Indiana Code concerning state
3030 offices and administration.
3131 Be it enacted by the General Assembly of the State of Indiana:
3232 1 SECTION 1. IC 4-6-10-4 IS ADDED TO THE INDIANA CODE
3333 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3434 3 1, 2024]: Sec. 4. (a) An enforcement department is established
3535 4 within the state Medicaid fraud control unit as a criminal justice
3636 5 agency for purposes of IC 5-2-4 and IC 10-13-3.
3737 6 (b) The enforcement department consists of investigators:
3838 7 (1) employed by the state Medicaid fraud control unit; and
3939 8 (2) designated by the attorney general as law enforcement
4040 9 officers.
4141 10 (c) An investigator designated under subsection (b) has all the
4242 11 powers and duties of a law enforcement officer, but only with
4343 12 regard to:
4444 13 (1) conducting investigations under IC 4-6-10; and
4545 14 (2) serving any process, notice, or order:
4646 15 (A) connected with the enforcement of IC 4-6-10; and
4747 16 (B) issued by an officer, authority, or court.
4848 17 SECTION 2. IC 4-6-13-10 IS ADDED TO THE INDIANA CODE
4949 2024 IN 1298—LS 6841/DI 87 2
5050 1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5151 2 1, 2024]: Sec. 10. (a) An enforcement department is established
5252 3 within the unit as a criminal justice agency for purposes of IC 5-2-4
5353 4 and IC 10-13-3.
5454 5 (b) The enforcement department consists of investigators:
5555 6 (1) employed by the unit; and
5656 7 (2) designated by the attorney general as law enforcement
5757 8 officers.
5858 9 (c) An investigator designated under subsection (b) has all the
5959 10 powers and duties of a law enforcement officer, but only with
6060 11 regard to:
6161 12 (1) conducting investigations under IC 4-6-13; and
6262 13 (2) serving any process, notice, or order:
6363 14 (A) connected with the enforcement of IC 4-6-13; and
6464 15 (B) issued by an officer, authority, or court.
6565 16 SECTION 3. IC 10-10.5-1-3, AS AMENDED BY P.L.122-2023,
6666 17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6767 18 JULY 1, 2024]: Sec. 3. "Law enforcement officer" means any of the
6868 19 following:
6969 20 (1) A state police officer, enforcement officer of the alcohol and
7070 21 tobacco commission, or conservation officer.
7171 22 (2) A county, city, town, or tribal police officer.
7272 23 (3) A police officer appointed by a state educational institution
7373 24 under IC 21-39-4 or school corporation under IC 20-26-16.
7474 25 (4) A gaming agent under IC 4-33-4.5 or a gaming control officer
7575 26 under IC 4-33-20.
7676 27 (5) A hospital police officer employed by a hospital police
7777 28 department established under IC 16-18-4.
7878 29 (6) An investigator of the office of the attorney general who is
7979 30 designated a law enforcement officer under IC 4-6-10-4 or
8080 31 IC 4-6-13-10.
8181 32 SECTION 4. IC 35-31.5-2-185, AS AMENDED BY P.L.122-2023,
8282 33 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8383 34 JULY 1, 2024]: Sec. 185. (a) "Law enforcement officer" means:
8484 35 (1) a police officer (including a tribal police officer, a correctional
8585 36 police officer, and a hospital police officer employed by a hospital
8686 37 police department established under IC 16-18-4), sheriff,
8787 38 constable, marshal, prosecuting attorney, special prosecuting
8888 39 attorney, special deputy prosecuting attorney, the securities
8989 40 commissioner, or the inspector general;
9090 41 (2) a deputy of any of those persons;
9191 42 (3) an investigator for a prosecuting attorney or for the inspector
9292 2024 IN 1298—LS 6841/DI 87 3
9393 1 general;
9494 2 (4) a conservation officer;
9595 3 (5) an enforcement officer of the alcohol and tobacco
9696 4 commission;
9797 5 (6) an enforcement officer of the securities division of the office
9898 6 of the secretary of state; or
9999 7 (7) a gaming agent employed under IC 4-33-4.5 or a gaming
100100 8 control officer employed by the gaming control division under
101101 9 IC 4-33-20; or
102102 10 (8) an investigator of the office of the attorney general who is
103103 11 designated a law enforcement officer under IC 4-6-10-4 or
104104 12 IC 4-6-13-10.
105105 13 (b) "Law enforcement officer", for purposes of IC 35-42-2-1,
106106 14 includes an alcoholic beverage enforcement officer, as set forth in
107107 15 IC 35-42-2-1.
108108 16 (c) "Law enforcement officer", for purposes of IC 35-45-15,
109109 17 includes a federal enforcement officer, as set forth in IC 35-45-15-3.
110110 18 (d) "Law enforcement officer", for purposes of IC 35-44.1-3-1 and
111111 19 IC 35-44.1-3-2, includes a school resource officer (as defined in
112112 20 IC 20-26-18.2-1) and a school corporation police officer appointed
113113 21 under IC 20-26-16.
114114 22 (e) "Law enforcement officer", for purposes of IC 35-40.5, has the
115115 23 meaning set forth in IC 35-40.5-1-1.
116116 2024 IN 1298—LS 6841/DI 87