A CONCURRENT RESOLUTION honoring the Indiana Fever and recognizing the 37th annual National Girls and Women in Sports Day.
Adds a person who serves in one of the following positions on or after January 1, 2014, to the prosecuting attorneys retirement fund (PARF): (1) The state public defender or the second highest paid staff person employed by the state public defender. (2) The executive director of the public defender council of Indiana or the second highest paid staff person employed by the public defender council of Indiana. (3) The highest paid or the second highest paid staff person employed by the Indiana public defender commission. (4) A chief public defender or chief deputy public defender. Allows staff attorneys of the prosecuting attorneys council of Indiana employed on or after January 1, 2012, to participate in PARF. Changes the name of the prosecuting attorneys retirement fund to the prosecuting attorneys and public defenders retirement fund. Provides that after a participant has contributed to PARF for 22 years, the state or county shall pay the contributions to the fund for the participant. Provides that the computation of benefits is based in part on the highest salary that was paid to the participant before separation from service. Provides that 1% shall be added to the percentage used to calculate benefits for each year of service after 22 years. Provides that a reduced annual retirement benefit equals the benefit that would be payable if the participant were 65 years of age reduced by 0.10% for each month before the participant's sixty-fifth birthday. Allows a participant to receive service credit in PARF for more than one year and less than 10 years of service received by the participant in the public employees' retirement fund under certain conditions. Provides for the calculation of an offset of PARF benefits payable to a participant from a participant's public employees' retirement fund benefits based on the concurrent service and wages the participant earned in both the public employees' retirement fund and PARF. Makes corresponding changes.
Memorializing Representative Sally J. Siegrist.
Establishes an additional sentencing modification procedure for certain individuals and requires that the department of correction annually review inmate records and transmit certain information to specified persons.
Provides that if a person unlawfully transports cigarettes without an Indiana tax stamp, the person commits: (1) a Class C infraction if a person possesses more than 1,000 cigarettes; (2) a Class B misdemeanor if the number of cigarettes is between 2,000 and 7,500; (3) a Class A misdemeanor if the number of cigarettes is between 7,500 and 15,000; and (4) a Level 6 felony if the number of cigarettes is at least 15,000.
Defines "financial information". Enhances the sentence of an offense against intellectual property to a Level 5 felony if the data, computer program, or supporting documentation that is modified, destroyed, or disclosed contains protected health information or financial information. Provides that an offense against computer users is a Level 5 felony if the computer, computer system, or computer network that is the subject of the unauthorized use contained an individual's protected health information or financial information. Provides that an offense of computer trespass is a Level 6 felony if the computer system, computer network, or any part of the computer system or computer network that was subject to the unauthorized use contained protected health information or financial information.
Provides that certain licensed individuals may examine a defendant and testify as to whether the defendant can understand the criminal proceedings and assist in the preparation of the defendant's defense. Allows a court to dismiss criminal charges, without prejudice, upon motion by either party, if: (1) a substantial probability does not exist that a defendant will attain competency restoration or if the defendant has not attained competency restoration after six months of restoration services; (2) the defendant has a certain diagnosis; and (3) the defendant is charged with a misdemeanor or Level 6 felony. Makes conforming changes.
Removes certain sentencing enhancements for battery and malicious mischief that relate to human immunodeficiency virus (HIV). Repeals certain offenses concerning the donation, sale, or transfer of blood or semen that contains HIV. Defines "responding safety officer" and makes battery by body waste a Level 5 felony if committed against a responding safety officer and certain other circumstances apply. Makes it a Level 6 felony for a person with a serious communicable disease who is not in compliance with a treatment plan to engage in a high risk activity with another person and not inform the other person of the disease.. Makes conforming amendments.
Increases the penalty for killing a law enforcement animal to a Level 5 felony. Provides that killing a law enforcement animal in the commission of a crime is an aggravating circumstance for sentencing in criminal cases.
Provides that an action for injury to a person that results from the sexual abuse of a child, that has expired under the current statute of limitations, may be commenced at any time against certain entities seeking bankruptcy protections.
