Daviess County - Indiana Criminal Code 2022

210

CRIMINAL LAWAND PROCEDURE

organized or operated under IC 16-22-1 through 16-22-5 or IC 16-23-1. (d) A disclosure must: (1) be in writing; (2) describe the contract or purchase to be made by the governmental entity; (3) describe the pecuniary interest that the public servant has in the contract or pur chase; (4) be affirmed under penalty of perjury; (5) be submitted to the governmental entity and be accepted by the governmental entity in the public meeting of the governmental entity before final action on the contract or purchase; (6) be filed within fifteen (15) days after final action on the contract or purchase with: (A) the state board of accounts; and (B) if the governmental entity is a gov ernmental entity other than the state or a state supported college or univer sity, the clerk of the circuit court in the county where the governmental entity takes final action on the con tract or purchase; and (7) contain, if the public servant is appointed, the written approval of the elected public servant (if any) or the board of trustees of a state supported college or university (if any) that appointed the pub lic servant. (e) This subsection applies only to a person who is a member of, or a person appointed by, the board of trustees of a state supported college or university. A person to whom this subsection applies complies with the disclosure requirements of this chapter with respect to the person’s pecu niary interest in a particular type of contract or pur chase which is made on a regular basis from a particular vendor if the individual files with the state board of accounts and the board of trustees a statement of pecuniary interest in that particu lar type of contract or purchase made with that par ticular vendor. The statement required by this subsection must be made on an annual basis. 35-44.1-1-5. Profiteering from public service. (a) As used in this section, “pecuniary inter

est” has the meaning set forth in section 4(a)(3) of this chapter. (b) A person who knowingly or intentionally: (1) obtains a pecuniary interest in a con tract or purchase with an agency within one (1) year after separation from employment or other service with the agency; and (2) is not a public servant for the agency but who as a public servant approved, negotiated, or prepared on behalf of the agency the terms or specifications of: (A) the contract; or (B) the purchase; commits profiteering from public service, a Level 6 felony. (c) This section does not apply to negotia tions or other activities related to an economic development grant, loan, or loan guarantee. (d) This section does not apply if the person receives less than two hundred fifty dollars ($250) of the profits from the contract or purchase. (e) It is a defense to a prosecution under this section that: (1) the person was screened from any par ticipation in the contract or purchase; (2) the person has not received a part of the profits of the contract or purchase; and (3) notice was promptly given to the agency of the person’s interest in the con tract or purchase. Chapter 2. Interference with General Government Operations. 35-44.1-2-1. Perjury. 35-44.1-2-2. Obstruction of justice. 35-44.1-2-2.5. Disabling law enforcement recording device. 35-44.1-2-3. False informing. 35-44.1-2-4. False identity statement. 35-44.1-2-5. Assisting a criminal. 35-44.1-2-6. Impersonation of a public servant. 35-44.1-2-7. Unlawful use of a police radio. 35-44.1-2-8. Manufacturing and selling official badge. 35-44.1-2-9. Failure to appear. 35-44.1-2-10. Failure to respond to a summons. 35-44.1-2-11. Interference with jury service. 35-44.1-2-12. Interference with witness service. 35-44.1-2-13. Obstruction of traffic. 35-44.1-2-1. Perjury.