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Repealed
(Repealed by Acts 1980, P.L.73, SEC.23.)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 misdemeanor
under IC 35-44-1, 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, 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 35-41-1-12); 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.
IC 35-50-5-2
Alternative fine
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.
IC 35-50-5-3
Restitution order
Sec. 3. (a) Except as provided in subsection (i) or (j), in addition
to any sentence imposed under this article for a felony or
misdemeanor, the court may, as a condition of probation or without
placing the person on probation, order the person to make restitution
to the victim of the crime, the victim's estate, or the family of a
victim 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 the
crime, based on the actual cost of repair (or replacement if
repair is inappropriate);
(2) medical and hospital costs incurred by the victim (before the
date of sentencing) as a result of the crime;
(3) the cost of medical laboratory tests to determine if the crime
has caused the victim to contract a disease or other medical
condition;
(4) earnings lost by the victim (before the date of sentencing) as
a result of the crime including earnings lost while the victim
was hospitalized or participating in the investigation or trial of
the crime; and
(5) funeral, burial, or cremation costs incurred by the family or
estate of a homicide victim as a result of the crime.
(b) A restitution order under subsection (a), or (i), or (j) is a
judgment 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 delinquent
under the restitution order by the person in whose favor the
order 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), the
issuing court may order the person to pay the restitution, or part of
the restitution, directly to:
(1) the victim services division of the Indiana criminal justice
institute in an amount not exceeding:
(A) the amount of the award, if any, paid to the victim under
IC 5-2-6.1; and
(B) the cost of the reimbursements, if any, for emergency
services provided to the victim under IC 16-10-1.5 (before
its repeal) or IC 16-21-8; or
(2) a probation department that shall forward restitution or part
of 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 institute
shall deposit the restitution it receives under this subsection in the
violent crime victims compensation fund established by
IC 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 the
clerk of the circuit court in the county where the felony or
misdemeanor charge was filed. The restitution order must include the
following information:
(1) The name and address of the person that is to receive the
restitution.
(2) The amount of restitution the person is to receive.
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. The clerk shall also notify the department of insurance
of an order of restitution under subsection (i).
(e) An order of restitution under subsection (a), (i), or (j), does not
bar a civil action for:
(1) damages that the court did not require the person to pay to
the victim under the restitution order but arise from an injury or
property damage that is the basis of restitution ordered by the
court; 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 order
is not discharged by the completion of any probationary period or
other sentence imposed for a felony or misdemeanor.
(g) A restitution order under subsection (a), (i), or (j), is not
discharged 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, 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 the
court under subsections (a) and (c) on behalf of the victim services
division of the Indiana criminal justice institute established under
IC 5-2-6-8.
(i) The court may order the person convicted of an offense under
IC 35-43-9 to make restitution to the victim of the crime. The court
shall base its restitution order upon a consideration of the amount of
money that the convicted person converted, misappropriated, or
received, or for which the convicted person conspired. The
restitution order issued for a violation of IC 35-43-9 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
a violation of IC 35-43-9.
(j) The court may order the person convicted of an offense under
IC 35-43-5-3.5 to make restitution to the victim of the crime, the
victim's estate, or the family of a victim who is deceased. The court
shall base its restitution order upon a consideration of the amount of
fraud or harm caused by the convicted person and any reasonable
expenses (including lost wages) incurred by the victim in correcting
the victim's credit report and addressing any other issues caused by
the commission of the offense under IC 35-43-5-3.5. If, after a person
is sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
estate, or the family of a victim discovers or incurs additional
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.
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 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.