(Repealed by Acts 1980, P.L.73, SEC.23.)
Bribery or official misconduct; filling vacancy under IC 5-8-6
Sec. 1.1. (a) Whenever a person is convicted of a misdemeanor under IC 35-44.1-1, the court may include in the sentence an order rendering the person incapable of holding a public office of trust or profit for a fixed period of not more than ten (10) years.
(b) If any officer of a governmental entity is convicted of a misdemeanor under IC 35-44.1-1, the court may enter an order removing the officer from office.
(c) This subsection applies whenever:
(1) the court enters an order under this section that applies to a person who is an officer of a governmental entity (as defined in IC 35-31.5-2-144); and
(2) a vacancy occurs in the office held by the person as the result of the court's order.
The court must file a certified copy of the order with the person who is entitled under IC 5-8-6 to receive notice of the death of an individual holding the office. The person receiving the copy of the order must give notice of the order in the same manner as if the person had received a notice of the death of the officeholder under IC 5-8-6. The person required or permitted to fill the vacancy that results from a removal under this section must comply with IC 3-13 or IC 20, whichever applies, to fill the vacancy.
As added by Acts 1980, P.L.73, SEC.3. Amended by P.L.4-1991, SEC.140; P.L.119-2005, SEC.35; P.L.126-2012, SEC.61; P.L.114-2012, SEC.145.
Sec. 2. In the alternative to the provisions concerning fines in this article, a person may be fined a sum equal to twice his pecuniary gain, or twice the pecuniary loss sustained by victims of the offense he committed.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.131.
expenses that result from the convicted person's commission of the
offense under IC 35-43-5-3.5, the court may issue one (1) or more
restitution orders to require the convicted person to make restitution,
even if the court issued a restitution order at the time of sentencing.
For purposes of entering a restitution order after sentencing, a court
has continuing jurisdiction over a person convicted of an offense
under IC 35-43-5-3.5 for five (5) years after the date of sentencing.
Each restitution order issued for a violation of IC 35-43-5-3.5 must
comply with subsections (b), (d), (e), and (g), and is not discharged
by the completion of any probationary period or other sentence
imposed for an offense under IC 35-43-5-3.5.
(k) The court shall order a person convicted of an offense under IC 35-42-3.5 to make restitution to the victim of the crime in an amount equal to the greater of the following:
(1) The gross income or value to the person of the victim's labor or services.
(2) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of:
(A) the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201-209); or
(B) IC 22-2-2 (Minimum Wage);
whichever is greater.
(l) The court shall order a person who:
(1) is convicted of dealing in methamphetamine under IC 35-48-4-1.1(a)(1)(A); and
(2) manufactured the methamphetamine on property owned by another person, without the consent of the property owner;
to pay liquidated damages to the property owner in the amount of ten thousand dollars ($10,000).
(m) The court shall order a person who:
(1) is convicted of dealing in marijuana under IC 35-48-4-10(a)(1)(A); and
(2) manufactured the marijuana on property owned by another person, without the consent of the property owner;
to pay liquidated damages to the property owner in the amount of two thousand dollars ($2,000).
As added by P.L.337-1983, SEC.1. Amended by P.L.149-1988, SEC.6; P.L.240-1991(ss2), SEC.99; P.L.2-1992, SEC.885; P.L.2-1993, SEC.194; P.L.47-1993, SEC.13; P.L.4-1994, SEC.21; P.L.307-1995, SEC.1; P.L.300-1995, SEC.3; P.L.1-1998, SEC.200; P.L.2-2002, SEC.105; P.L.88-2002, SEC.3; P.L.85-2004, SEC.54; P.L.98-2004, SEC.157; P.L.2-2005, SEC.129; P.L.125-2006, SEC.11; P.L.173-2006, SEC.54; P.L.73-2012, SEC.2.
Sec. 4. (a) This section applies only:
(1) if the county in which a criminal proceeding was filed adopts an ordinance under IC 36-2-13-15; and
(2) to a person who is sentenced under this article for a felony
or a misdemeanor.
(b) At the time the court imposes a sentence, the court may order the person to execute a reimbursement plan as directed by the court and make repayments under the plan to the county for the costs described in IC 36-2-13-15.
(c) The court shall fix an amount under this section that:
(1) may not exceed an amount the person can or will be able to pay;
(2) does not harm the person's ability to reasonably be self-supporting or to reasonably support any dependent of the person; and
(3) takes into consideration and gives priority to any other restitution, reparation, repayment, costs (including fees), fine, or child support obligations the person is required to pay.
(d) When an order is issued under this section, the issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the felony or misdemeanor charge was filed. Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket in the manner prescribed by IC 33-32-3-2.
(e) An order under this section is not discharged:
(1) by the completion of a sentence imposed for a felony or misdemeanor; or
(2) by the liquidation of a person's estate by a receiver under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, and IC 34-48-6 before their repeal).
As added by P.L.123-1998, SEC.1. Amended by P.L.1-1999, SEC.79; P.L.2-2002, SEC.106; P.L.98-2004, SEC.158; P.L.106-2010, SEC.17.