Indiana HB 1049: Crimes involving fraud.

Bill Text

Introduced Version
HOUSE BILL No. 1049
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-43-5-4.
Synopsis: Crimes involving fraud. Increases the penalty for fraud to
a Level 4 felony if the pecuniary loss is at least $100,000 or if the
pecuniary loss is at least $50,000 and the victim is an endangered adult
or less than 18 years of age.
Effective: July 1, 2024.
Zimmerman, Pierce K
January 8, 2024, read first time and referred to Committee on Courts and Criminal Code.
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Introduced
Second Regular Session of the 123rd General Assembly (2024)
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1049
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-43-5-4, AS AMENDED BY P.L.174-2021,
2 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 4. (a) A person who:
4 (1) with the intent to obtain property or data, or an educational,
5 governmental, or employment benefit to which the person is not
6 entitled, knowingly or intentionally:
7 (A) makes a false or misleading statement; or
8 (B) creates a false impression in another person;
9 (2) with the intent to cause another person to obtain property,
10 knowingly or intentionally:
11 (A) makes a false or misleading statement;
12 (B) creates a false impression in a third person; or
13 (C) causes to be presented a claim that:
14 (i) contains a false or misleading statement; or
15 (ii) creates a false or misleading impression in a third
16 person;
17 (3) possesses, manufactures, uses, or alters a document,
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1 instrument, computer program, or device with the intent to obtain:
2 (A) property;
3 (B) data; or
4 (C) an educational, governmental, or employment benefit;
5 to which the person is not entitled; or
6 (4) knowingly or intentionally engages in a scheme or artifice to
7 commit an offense described in subdivisions (1) through (3);
8 commits fraud, a Class A misdemeanor except as otherwise provided
9 in this section.
10 (b) The offense described in subsection (a) is a Level 6 felony if one
11 (1) or more of the following apply:
12 (1) The offense is committed not later than seven (7) years from
13 the date the person:
14 (A) was convicted of a prior unrelated conviction for an
15 offense under this article; or
16 (B) was released from a term of incarceration, probation, or
17 parole (whichever occurred last) imposed for a prior unrelated
18 conviction for an offense under this article;
19 whichever occurred last.
20 (2) The pecuniary loss is at least seven hundred fifty dollars
21 ($750) but less than fifty thousand dollars ($50,000).
22 (3) The victim is:
23 (A) an endangered adult (as defined in IC 12-10-3-2(a)); or
24 (B) less than eighteen (18) years of age.
25 (4) The person makes a false or misleading statement representing
26 an entity as:
27 (A) a disadvantaged business enterprise (as defined in
28 IC 5-16-6.5-1); or
29 (B) a women-owned business enterprise (as defined in
30 IC 5-16-6.5-3);
31 in order to qualify for certification as such an enterprise under a
32 program conducted by a public agency (as defined in
33 IC 5-16-6.5-2) designed to assist disadvantaged business
34 enterprises or women-owned business enterprises in obtaining
35 contracts with public agencies for the provision of goods and
36 services.
37 (5) The person makes a false or misleading statement representing
38 an entity with which the person will subcontract all or part of a
39 contract with a public agency (as defined in IC 5-16-6.5-2) as:
40 (A) a disadvantaged business enterprise (as defined in
41 IC 5-16-6.5-1); or
42 (B) a women-owned business enterprise (as defined in
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1 IC 5-16-6.5-3);
2 in order to qualify for certification as an eligible bidder under a
3 program that is conducted by a public agency designed to assist
4 disadvantaged business enterprises or women-owned business
5 enterprises in obtaining contracts with public agencies for the
6 provision of goods and services.
7 (6) The offense is committed by a person who is confined in:
8 (A) the department of correction;
9 (B) a county jail; or
10 (C) a secure juven