Bill Text: IN HB1122 | 2012 | Regular Session | Introduced
Bill Title: Trafficking with inmate or child.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Courts and Criminal Code [HB1122 Detail]
Download: Indiana-2012-HB1122-Introduced.html
Citations Affected: IC 35-44-3-9.
Synopsis: Trafficking with inmate or child. Makes bringing a
controlled substance, deadly weapon, or cellular telephone or other
wireless or cellular communications device into a penal facility or
juvenile facility without the prior authorization of the person in charge
of the penal facility or juvenile facility a Class C felony. Makes a
technical correction.
Effective: July 1, 2012.
January 6, 2012, read first time and referred to Committee on Courts and Criminal Code.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) A secure facility (as defined in IC 31-9-2-114) in which a child is detained under IC 31 or used for a child awaiting adjudication or adjudicated under IC 31 as a child in need of services or a delinquent child.
(2) A shelter care facility (as defined in IC 31-9-2-117) in which a child is detained under IC 31 or used for a child awaiting adjudication or adjudicated under IC 31 as a child in need of services or a delinquent child.
(b)
(1) delivers, or carries into the penal facility or juvenile facility with intent to deliver, an article to an inmate or child of the
facility;
(2) carries, or receives with intent to carry out of the penal facility
or juvenile facility, an article from an inmate or child of the
facility; or
(3) delivers, or carries to a worksite with the intent to deliver,
alcoholic beverages an article to an inmate, or child, of a or
individual in a jail work crew or community work crew; or
(4) possesses in or carries into a penal facility or a juvenile
facility:
(A) a controlled substance; or
(B) a deadly weapon;
commits trafficking with an inmate, a Class A misdemeanor. However,
the offense is a Class C felony if the article is a controlled
substance, a deadly weapon, or a cellular telephone or other
wireless or cellular communications device.
(c) If the person who committed the offense under subsection (b) is
an employee of:
(1) the department of correction; or
(2) a penal facility;
and the article is a cigarette or tobacco product (as defined in
IC 6-7-2-5), the court shall impose a mandatory five thousand dollar
($5,000) fine under IC 35-50-3-2, in addition to any term of
imprisonment imposed under IC 35-50-3-2.
(d) The offense under subsection (b) is a Class C felony if the article
is
(1) a controlled substance;
(2) a deadly weapon; or
(3) a cellular telephone or other wireless or cellular
communications device.
(d) A person who, without the prior authorization of the person
in charge of a penal facility or juvenile facility, knowingly or
intentionally possesses in or carries into a penal facility or a
juvenile facility:
(1) a controlled substance;
(2) a deadly weapon; or
(3) a cellular telephone or other wireless or cellular
communications device;
commits trafficking with an inmate, a Class C felony.
