Daviess County - Indiana Criminal Code 2022

366

CRIMINAL LAWAND PROCEDURE

35-50-5-1.1. Offenses under 35-44.1-1; incapacity to hold office; removal from office (a) Whenever a person is convicted of a mis demeanor 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 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 hold ing 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 In the alternative to the provisions concerning fines in the 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. 35-50-5-3. Restitution. (a) Except as provided in subsection (i), (j), (l), or (m), in addition to any sentence imposed under this article for a felony or misdemeanor, the court may, as a condition of probation or without plac ing the person on probation, order the person to make restitution to the victim of the crime, the vic tim’s estate, or the family of a victim who is deceased. The court shall base its restitution order upon a consideration of: applies, to fill the vacancy. 35-50-5-2. Alternative fine.

one (1) year. (c) Whenever the court suspends a sentence for a misdemeanor, if the court finds that the use or abuse of alcohol, drugs, or harmful substances is a contributing factor or a material element of the offense, the court may place the person on pro bation under IC 35-38-2 for a fixed period of not more than two (2) years. However, a court may not place a person on probation for a period of more than twelve (12) months in the absence of a report that substantiates the need for a period of probation that is longer than twelve (12) months for the purpose of completing a course of sub stance abuse treatment. Aprobation user’s fee that exceeds fifty percent (50%) of the maximum pro bation user’s fee allowed under IC 35-38-2-1 may not be required beyond the first twelve (12) months of probation. 35-50-3-2. Class A misdemeanor. Aperson who commits a ClassAmisdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000). 35-50-3-3. Class B misdemeanor. Aperson who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dol lars ($1,000). 35-50-3-4. Class C misdemeanor. Aperson who commits a Class C misdemeanor shall be imprisoned for a fixed term of not more than sixty (60) days; in addition, he may be fined not more than five hundred dollars ($500). Chapter 5. Miscellaneous Penalties. 35-50-5-0.1. Application of amendments. 35-50-5-1.1. Offenses under 35-44.1-1; incapacity to hold office; removal from office. 35-50-5-2. Alternative fine. 35-50-5-3. Restitution. 35-50-5-4. Prisoner reimbursement. 35-50-5-0.1. Application of amendments. The amendments made to section 3 of this chapter by P.L.125-2006 apply only to persons sen tenced after June 30, 2006.