CHAPTER 5. ADDITIONAL PENALTIES
IC 35-50-5
Chapter 5. Additional Penalties
IC 35-50-5-1
Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)
IC 35-50-5-1.1
Bribery or official misconduct; filling vacancy under IC 5-8-6
Sec. 1.1. (a) Whenever a person is convicted of a misdemeanorunder IC 35-44-1, the court may include in the sentence an orderrendering the person incapable of holding a public office of trust orprofit for a fixed period of not more than ten (10) years.
(b) If any officer of a governmental entity is convicted of amisdemeanor under IC 35-44-1, the court may enter an orderremoving the officer from office.
(c) This subsection applies whenever:
(1) the court enters an order under this section that applies to aperson who is an officer of a governmental entity (as defined inIC 35-41-1-12); and
(2) a vacancy occurs in the office held by the person as theresult of the court's order.
The court must file a certified copy of the order with the person whois entitled under IC 5-8-6 to receive notice of the death of anindividual holding the office. The person receiving the copy of theorder must give notice of the order in the same manner as if theperson had received a notice of the death of the officeholder underIC 5-8-6. The person required or permitted to fill the vacancy thatresults from a removal under this section must comply with IC 3-13or 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.
IC 35-50-5-2
Alternative fine
Sec. 2. In the alternative to the provisions concerning fines in thisarticle, a person may be fined a sum equal to twice his pecuniarygain, or twice the pecuniary loss sustained by victims of the offensehe committed.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,P.L.340, SEC.131.
IC 35-50-5-3
Restitution order
Sec. 3. (a) Except as provided in subsection (i) or (j), in additionto any sentence imposed under this article for a felony ormisdemeanor, the court may, as a condition of probation or withoutplacing the person on probation, order the person to make restitutionto the victim of the crime, the victim's estate, or the family of avictim who is deceased. The court shall base its restitution order
upon a consideration of:
(1) property damages of the victim incurred as a result of thecrime, based on the actual cost of repair (or replacement ifrepair is inappropriate);
(2) medical and hospital costs incurred by the victim (before thedate of sentencing) as a result of the crime;
(3) the cost of medical laboratory tests to determine if the crimehas caused the victim to contract a disease or other medicalcondition;
(4) earnings lost by the victim (before the date of sentencing) asa result of the crime including earnings lost while the victimwas hospitalized or participating in the investigation or trial ofthe crime; and
(5) funeral, burial, or cremation costs incurred by the family orestate of a homicide victim as a result of the crime.
(b) A restitution order under subsection (a), or (i), or (j) is ajudgment lien that:
(1) attaches to the property of the person subject to the order;
(2) may be perfected;
(3) may be enforced to satisfy any payment that is delinquentunder the restitution order by the person in whose favor theorder is issued or the person's assignee; and
(4) expires;
in the same manner as a judgment lien created in a civil proceeding.
(c) When a restitution order is issued under subsection (a), theissuing court may order the person to pay the restitution, or part ofthe restitution, directly to:
(1) the victim services division of the Indiana criminal justiceinstitute in an amount not exceeding:
(A) the amount of the award, if any, paid to the victim underIC 5-2-6.1; and
(B) the cost of the reimbursements, if any, for emergencyservices provided to the victim under IC 16-10-1.5 (beforeits repeal) or IC 16-21-8; or
(2) a probation department that shall forward restitution or partof restitution to:
(A) a victim of a crime;
(B) a victim's estate; or
(C) the family of a victim who is deceased.
The victim services division of the Indiana criminal justice instituteshall deposit the restitution it receives under this subsection in theviolent crime victims compensation fund established byIC 5-2-6.1-40.
(d) When a restitution order is issued under subsection (a), (i), or(j), the issuing court shall send a certified copy of the order to theclerk of the circuit court in the county where the felony ormisdemeanor charge was filed. The restitution order must include thefollowing information:
(1) The name and address of the person that is to receive therestitution. (2) The amount of restitution the person is to receive.
Upon receiving the order, the clerk shall enter and index the order inthe circuit court judgment docket in the manner prescribed byIC 33-32-3-2. The clerk shall also notify the department of insuranceof an order of restitution under subsection (i).
(e) An order of restitution under subsection (a), (i), or (j), does notbar a civil action for:
(1) damages that the court did not require the person to pay tothe victim under the restitution order but arise from an injury orproperty damage that is the basis of restitution ordered by thecourt; and
(2) other damages suffered by the victim.
(f) Regardless of whether restitution is required under subsection(a) as a condition of probation or other sentence, the restitution orderis not discharged by the completion of any probationary period orother sentence imposed for a felony or misdemeanor.
(g) A restitution order under subsection (a), (i), or (j), is notdischarged by the liquidation of a person's estate by a receiver underIC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,IC 34-1-12, or IC 34-2-7 before their repeal).
(h) The attorney general may pursue restitution ordered by thecourt under subsections (a) and (c) on behalf of the victim servicesdivision of the Indiana criminal justice institute established underIC 5-2-6-8.
(i) The court may order the person convicted of an offense underIC 35-43-9 to make restitution to the victim of the crime. The courtshall base its restitution order upon a consideration of the amount ofmoney that the convicted person converted, misappropriated, orreceived, or for which the convicted person conspired. Therestitution order issued for a violation of IC 35-43-9 must complywith subsections (b), (d), (e), and (g), and is not discharged by thecompletion of any probationary period or other sentence imposed fora violation of IC 35-43-9.
(j) The court may order the person convicted of an offense underIC 35-43-5-3.5 to make restitution to the victim of the crime, thevictim's estate, or the family of a victim who is deceased. The courtshall base its restitution order upon a consideration of the amount offraud or harm caused by the convicted person and any reasonableexpenses (including lost wages) incurred by the victim in correctingthe victim's credit report and addressing any other issues caused bythe commission of the offense under IC 35-43-5-3.5. If, after a personis sentenced for an offense under IC 35-43-5-3.5, a victim, a victim'sestate, or the family of a victim discovers or incurs additionalexpenses that result from the convicted person's commission of theoffense under IC 35-43-5-3.5, the court may issue one (1) or morerestitution 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 courthas continuing jurisdiction over a person convicted of an offenseunder 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 mustcomply with subsections (b), (d), (e), and (g), and is not dischargedby the completion of any probationary period or other sentenceimposed for an offense under IC 35-43-5-3.5.
(k) The court shall order a person convicted of an offense underIC 35-42-3.5 to make restitution to the victim of the crime in anamount equal to the greater of the following:
(1) The gross income or value to the person of the victim's laboror services.
(2) The value of the victim's labor as guaranteed under theminimum wage and overtime provisions of:
(A) the federal Fair Labor Standards Act of 1938, asamended (29 U.S.C. 201-209); or
(B) IC 22-2-2 (Minimum Wage);
whichever is greater.
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.
IC 35-50-5-4
Reimbursement order
Sec. 4. (a) This section applies only:
(1) if the county in which a criminal proceeding was filedadopts an ordinance under IC 36-2-13-15; and
(2) to a person who is sentenced under this article for a felonyor a misdemeanor.
(b) At the time the court imposes a sentence, the court may orderthe person to execute a reimbursement plan as directed by the courtand make repayments under the plan to the county for the costsdescribed 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 topay;
(2) does not harm the person's ability to reasonably beself-supporting or to reasonably support any dependent of theperson; and
(3) takes into consideration and gives priority to any otherrestitution, 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 courtshall send a certified copy of the order to the clerk of the circuit courtin the county where the felony or misdemeanor charge was filed.Upon receiving the order, the clerk shall enter and index the order inthe circuit court judgment docket in the manner prescribed byIC 33-32-3-2.
(e) An order under this section is not discharged: (1) by the completion of a sentence imposed for a felony ormisdemeanor; or
(2) by the liquidation of a person's estate by a receiver underIC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, andIC 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.