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  • *EH1120.1*

    February 23, 2018

    ENGROSSEDHOUSE BILL No. 1120

    _____

    DIGEST OF HB 1120 (Updated February 21, 2018 12:57 pm - DI 106)

    Citations Affected: IC 5-2; IC 10-11; IC 13-14; IC 16-18; IC 16-19;IC 16-21; IC 16-41; IC 32-21; IC 34-30; IC 35-43; IC 35-50; noncode.

    Synopsis: State department of health matters. Changes references to"methamphetamine laboratory" to "controlled substance". Amends thedefinition of "property" for purposes of operating a web site that listsproperties that have been used in the illegal manufacture of a controlledsubstance. Authorizes the state department of health (state department)instead of the Indiana department of environmental management(department) to certify qualified inspectors and oversee thedecontamination of a site that has been used in the illegal manufactureof a controlled substance. Transfers from the department to the statedepartment powers, duties, records, property, and rules concerningdecontamination of a site that has been contaminated by a controlledsubstance. Repeals the postnatal donation initiative. Makesconforming amendments.

    Effective: July 1, 2018.

    Kirchhofer, Bacon, Frizzell, Wright(SENATE SPONSORS — CHARBONNEAU, HEAD)

    January 4, 2018, read first time and referred to Committee on Public Health.January 25, 2018, amended, reported — Do Pass.January 29, 2018, read second time, ordered engrossed. Engrossed.January 30, 2018, read third time, passed. Yeas 92, nays 0.

    SENATE ACTIONFebruary 1, 2018, read first time and referred to Committee on Judiciary.February 22, 2018, amended, reported favorably — Do Pass.

    EH 1120—LS 6618/DI 104

  • February 23, 2018

    Second Regular Session of the 120th General Assembly (2018)

    PRINTING CODE. Amendments: Whenever an existing statute (or a section of the IndianaConstitution) 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 this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutionalprovision adopted), the text of the new provision will appear in this style type. Also, theword NEW will appear in that style type in the introductory clause of each SECTION that addsa new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflictsbetween statutes enacted by the 2017 Regular Session of the General Assembly.

    ENGROSSEDHOUSE BILL No. 1120

    A BILL FOR AN ACT to amend the Indiana Code concerninghealth.

    Be it enacted by the General Assembly of the State of Indiana:

    1 SECTION 1. IC 5-2-6-19, AS AMENDED BY P.L.180-2014,2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE3 JULY 1, 2018]: Sec. 19. (a) As used in this section, "controlled4 substance" has the meaning set forth in IC 35-48-1-9.5 (a) (b) As used in this section, "department" refers to the state police6 department.7 (b) (c) As used in this section, "property" refers to a: means a8 dwelling (as defined in IC 13-11-2-61.3. structure or part of a9 structure that is used as a home, residence, or sleeping unit.

    10 (c) (d) Subject to specific appropriation by the general assembly, the11 department shall establish, maintain, and operate a web site containing12 a list of properties that have been used as the site of a13 methamphetamine laboratory. in the illegal manufacture of a14 controlled substance. The list of properties shall be based on15 information received from a law enforcement agency under16 IC 5-2-15-3.17 (d) (e) Subject to specific appropriation by the general assembly,

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    1 and in accordance with subsection (g), (h), the department shall publish2 the list of properties that have been used as the site of a3 methamphetamine laboratory in the illegal manufacture of a4 controlled substance on a web site maintained by the department. If5 methamphetamine a controlled substance is manufactured in an6 apartment that is a unit of a multi-unit apartment complex, the7 department shall publish only the address, including the apartment8 number, of the particular apartment in which the methamphetamine9 controlled substance was manufactured. The department shall design

    10 the web site to enable a user to easily determine whether a particular11 property has been used as the site of a methamphetamine laboratory.12 the illegal manufacture of a controlled substance.13 (e) (f) The department shall remove a listed property from the web14 site not later than ninety (90) days after the property has been certified15 as decontaminated by an a qualified inspector approved certified16 under IC 13-14-1-15. IC 16-19-3.1-1.17 (f) (g) If property has been certified as decontaminated by an a18 qualified inspector approved certified under IC 13-14-1-1519 IC 16-19-3.1-1 before it is placed on the list required under subsection20 (c), (d), the department may not place the property on the list.21 (g) (h) The department may not list a property that has been used as22 the site of a methamphetamine laboratory the illegal manufacture of23 a controlled substance on the web site until one hundred eighty (180)24 days after the date on which the department receives information from25 a law enforcement agency that the property has been the site of a26 methamphetamine laboratory. the illegal manufacture of a controlled27 substance.28 SECTION 2. IC 5-2-15-2 IS REPEALED [EFFECTIVE JULY 1,29 2018]. Sec. 2. As used in this chapter, "methamphetamine laboratory"30 means a location or facility that:31 (1) is being used;32 (2) was intended to be used; or33 (3) has been used;34 to produce methamphetamine.35 SECTION 3. IC 5-2-15-3, AS AMENDED BY P.L.186-2007,36 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE37 JULY 1, 2018]: Sec. 3. (a) As used in this section, "property" refers38 to a:39 (1) dwelling (as defined in IC 13-11-2-61.3);40 (2) building;41 (3) motor vehicle (as defined in IC 9-13-2-105(a));42 (4) trailer (as defined in IC 9-13-2-184(b)); or

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    1 (5) watercraft (as defined by IC 9-13-2-198.5).2 (b) A law enforcement agency that terminates the operation of a3 methamphetamine laboratory use of a property in the illegal4 manufacture of a controlled substance (as defined in IC 35-48-1-9)5 shall report the existence and location of the methamphetamine6 laboratory property to:7 (1) the state police department;8 (2) the local fire department that serves the area in which the9 methamphetamine laboratory property is located;

    10 (3) the county local health department or, if applicable, multiple11 county health department of the county in which whose12 jurisdiction the methamphetamine laboratory property is13 located; and14 (4) the Indiana criminal justice institute;15 on a form and in the manner prescribed by guidelines adopted by the16 superintendent of the state police department under IC 10-11-2-31.17 SECTION 4. IC 10-11-2-31, AS AMENDED BY P.L.3-2008,18 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE19 JULY 1, 2018]: Sec. 31. (a) The following definitions apply20 throughout this section:21 (1) "Controlled substance" has the meaning set forth in22 IC 35-48-1-9.23 (2) "Property" has the meaning set forth in IC 5-2-15-3.24 (a) (b) The superintendent shall adopt:25 (1) guidelines; and26 (2) a reporting form or a specified electronic format, or both;27 for the report by a law enforcement agency under IC 5-2-15-3 of a28 methamphetamine laboratory by a law enforcement agency under29 IC 5-2-15-3. property used in the illegal manufacture of a30 controlled substance.31 (b) (c) The guidelines adopted under this section must require a law32 enforcement agency to report the existence of a methamphetamine33 laboratory a property used in the illegal manufacture of a controlled34 substance to:35 (1) the department;36 (2) the local fire department that serves the area in which the37 methamphetamine laboratory property is located;38 (3) the county local health department or, if applicable, multiple39 county health department of the county in which whose40 jurisdiction the methamphetamine laboratory property is41 located; and42 (4) the Indiana criminal justice institute;

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    1 on the form or in the specified electronic format adopted by the2 superintendent.3 (c) (d) The guidelines adopted under this section:4 (1) may incorporate a recommendation of the methamphetamine5 abuse task force (IC 5-2-14, expired June 30, 2007, and repealed)6 that the superintendent determines to be relevant;7 (2) may require the department to report the existence of the8 methamphetamine laboratory property to one (1) or more9 additional agencies or organizations;

    10 (3) must require the department to maintain reports filed under11 IC 5-2-15-3 in a manner permitting an accurate assessment of:12 (A) the number of methamphetamine laboratories properties13 used in the illegal manufacture of a controlled substance14 located in Indiana in a specified period;15 (B) the geographical dispersal of methamphetamine16 laboratories properties used in the illegal manufacture of a17 controlled substance located in Indiana in a specified period;18 and19 (C) any other information that the superintendent determines20 to be relevant; and21 (4) must require a law enforcement agency to report any other22 information that the superintendent determines to be relevant.23 SECTION 5. IC 10-11-2-31.1, AS ADDED BY P.L.180-2014,24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE25 JULY 1, 2018]: Sec. 31.1. (a) The following definitions apply26 throughout this section:27 (1) "Controlled substance" has the meaning set forth in28 IC 35-48-1-9.29 (2) "Property" has the meaning set forth in IC 5-2-6-19.30 (a) (b) The superintendent shall adopt:31 (1) guidelines; and32 (2) a reporting form or a specified electronic format, or both;33 for receiving an approved certificate of cleanup from the state34 department of environmental management health that property used35 for the manufacture of methamphetamine illegal manufacture of a36 controlled substance or polluted by waste from the illegal37 manufacture of methamphetamine a controlled substance has been38 certified as decontaminated by an a qualified inspector approved39 certified under IC 13-14-1-15. IC 16-19-3.1-1.40 (b) (c) Guidelines adopted under this section must require that the41 department remove, in accordance with the time periods described in42 IC 5-2-6-19, the decontaminated property from any publicly available

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    1 list of methamphetamine contaminated properties used for the illegal2 manufacture of a controlled substance compiled or made available3 by the department.4 SECTION 6. IC 13-14-1-15 IS REPEALED [EFFECTIVE JULY 1,5 2018]. Sec. 15. (a) The department shall maintain a list of persons6 certified to inspect and clean property that is polluted by a contaminant.7 The list may specifically note persons with particular expertise or8 experience in the inspection or cleanup of property contaminated by9 chemicals used in the illegal manufacture of a controlled substance (as

    10 defined in IC 35-48-1-9) or by waste produced from the illegal11 manufacture of a controlled substance.12 (b) The department may specify by rule that a person who meets13 certain qualifications prescribed by the department is a person certified14 to inspect and clean property that is polluted by a contaminant.15 (c) The department shall specify by rule that any person:16 (1) certified under this section to inspect and clean contaminated17 property; and18 (2) who has decontaminated property polluted by the manufacture19 of methamphetamine or by waste from the manufacture of20 methamphetamine;21 shall notify the department when the person has decontaminated a22 property polluted by the manufacture of methamphetamine or by waste23 from the manufacture of methamphetamine.24 (d) The department shall adopt rules under IC 4-22-2:25 (1) to implement this section; and26 (2) concerning the inspection and remediation of contaminated27 property.28 SECTION 7. IC 16-18-2-36.5, AS AMENDED BY P.L.138-2014,29 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE30 JULY 1, 2018]: Sec. 36.5. (a) "Birthing center", for purposes of31 IC 16-21-2, and IC 16-21-11.2, means a freestanding entity that has the32 sole purpose of delivering a normal or uncomplicated pregnancy.33 (b) The term does not include a hospital that is licensed as a hospital34 under IC 16-21-2.35 SECTION 8. IC 16-18-2-287.6 IS REPEALED [EFFECTIVE JULY36 1, 2018]. Sec. 287.6. "Postnatal donation", for purposes of37 IC 16-21-11.2, has the meaning set forth in IC 16-21-11.2-1.38 SECTION 9. IC 16-18-2-331.2 IS ADDED TO THE INDIANA39 CODE AS A NEW SECTION TO READ AS FOLLOWS40 [EFFECTIVE JULY 1, 2018]: Sec. 331.2. "Site", for purposes of41 IC 16-19-3.1, means a:42 (1) dwelling (as defined in IC 13-11-2-61.3);

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    1 (2) building;2 (3) motor vehicle (as defined in IC 9-13-2-105(a));3 (4) trailer (as defined in IC 9-13-2-184(b)); or4 (5) watercraft (as defined by IC 9-13-2-198.5).5 SECTION 10. IC 16-19-3.1 IS ADDED TO THE INDIANA CODE6 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE7 JULY 1, 2018]:8 Chapter 3.1. Controlled Substances Site Decontamination and9 Qualified Inspector Certification

    10 Sec. 1. (a) The state department shall, in order to protect the11 public health, establish a program to certify individuals as12 qualified inspectors to perform decontamination of a site that has13 been contaminated by the illegal manufacture of controlled14 substances.15 (b) The state department shall do the following concerning16 qualified inspectors:17 (1) Adopt rules under IC 4-22-2 concerning the following:18 (A) Training, testing, and certification of qualified19 inspectors to perform decontamination on sites that have20 been contaminated by the illegal manufacture of controlled21 substances.22 (B) The inspection and remediation of sites used in the23 illegal manufacturing of a controlled substance.24 (2) Maintain a list of individuals certified as qualified25 inspectors.26 (3) Remove individuals who no longer meet the certification27 requirements from the list described in subdivision (2).28 Sec. 2. The state department shall coordinate with, and provide29 assistance to, local health departments in carrying out the powers30 and duties under IC 16-41-20 concerning a site that has been31 contaminated by the illegal manufacture of controlled substances.32 Sec. 3. (a) Upon proper remediation of a site that has been33 contaminated by the illegal manufacture of a controlled substance,34 a qualified inspector shall issue a certification of decontamination35 to the property owner.36 (b) The property owner of a site that has been contaminated by37 the illegal manufacture of a controlled substance shall, after38 demolition or remediation of the site, submit to the state39 department and local health department documentation that the40 site has been demolished or remediated in accordance with41 remediation standards and rules adopted under section 4 of this42 chapter.

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    1 Sec. 4. (a) The state department shall adopt rules under2 IC 4-22-2 to carry out the purposes of this chapter.3 (b) Rules adopted under this section must include the following:4 (1) Remediation standards for a site that has been5 contaminated by the illegal manufacture of a controlled6 substance.7 (2) The procedure for the issuance of a certification of8 decontamination by a qualified inspector under section 3(a) of9 this chapter.

    10 (3) Requirements for the documentation of remediation11 required by section 3(b) of this chapter.12 SECTION 11. IC 16-21-11.2 IS REPEALED [EFFECTIVE JULY13 1, 2018]. (Postnatal Donation Initiative).14 SECTION 12. IC 16-41-20-7 IS AMENDED TO READ AS15 FOLLOWS [EFFECTIVE JULY 1, 2018]: Sec. 7. The state16 department, local board of health, or county health officer may order17 purified, cleansed, disinfected, renewed, altered, repaired,18 decontaminated, or improved a dwelling, excavation, building,19 structure, sewer, plumbing, pipe, passage, premises, ground, or thing20 in or about a dwelling that is found to be unfit for human habitation or21 the dwelling's lot.22 SECTION 13. IC 32-21-5-7, AS AMENDED BY P.L.180-2014,23 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE24 JULY 1, 2018]: Sec. 7. The Indiana real estate commission established25 by IC 25-34.1-2-1 shall adopt a specific disclosure form that contains26 the following:27 (1) Disclosure by the owner of the known condition of the28 following:29 (A) The foundation.30 (B) The mechanical systems.31 (C) The roof.32 (D) The structure.33 (E) The water and sewer systems.34 (F) Additions that may require improvements to the sewage35 disposal system.36 (G) Other areas that the Indiana real estate commission37 determines are appropriate.38 (2) Disclosure by the owner of known:39 (A) contamination caused by the manufacture of a controlled40 substance (as defined by IC 35-48-1-9) on the property that41 has not been certified as decontaminated by an a qualified42 inspector approved who is certified under IC 13-14-1-15;

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    1 IC 16-19-3.1; or2 (B) manufacture of methamphetamine or dumping of waste3 from the manufacture of methamphetamine in a residential4 structure on the property.5 (3) A notice to the prospective buyer that contains substantially6 the following language:7 "The prospective buyer and the owner may wish to obtain8 professional advice or inspections of the property and provide for9 appropriate provisions in a contract between them concerning any

    10 advice, inspections, defects, or warranties obtained on the11 property.".12 (4) A notice to the prospective buyer that contains substantially13 the following language:14 "The representations in this form are the representations of the15 owner and are not the representations of the agent, if any. This16 information is for disclosure only and is not intended to be a part17 of any contract between the buyer and owner.".18 (5) A disclosure by the owner that an airport is located within a19 geographical distance from the property as determined by the20 Indiana real estate commission. The commission may consider the21 differences between an airport serving commercial airlines and an22 airport that does not serve commercial airlines in determining the23 distance to be disclosed.24 SECTION 14. IC 34-30-2-60.2 IS REPEALED [EFFECTIVE JULY25 1, 2018]. Sec. 60.2. IC 16-21-11.2-5 (Concerning participation in the26 postnatal donation initiative).27 SECTION 15. IC 35-43-1-2, AS AMENDED BY P.L.252-2017,28 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE29 JULY 1, 2018]: Sec. 2. (a) A person who recklessly, knowingly, or30 intentionally damages or defaces property of another person without31 the other person's consent commits criminal mischief, a Class B32 misdemeanor. However, the offense is:33 (1) a Class A misdemeanor if the pecuniary loss is at least seven34 hundred fifty dollars ($750) but less than fifty thousand dollars35 ($50,000); and36 (2) a Level 6 felony if:37 (A) the pecuniary loss is at least fifty thousand dollars38 ($50,000);39 (B) the damage causes a substantial interruption or impairment40 of utility service rendered to the public;41 (C) the damage is to a public record; or42 (D) the damage is to a law enforcement animal (as defined in

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    1 IC 35-46-3-4.5).2 (b) A person who recklessly, knowingly, or intentionally damages:3 (1) a structure used for religious worship without the consent of4 the owner, possessor, or occupant of the property that is damaged;5 (2) a school or community center without the consent of the6 owner, possessor, or occupant of the property that is damaged;7 (3) the property of an agricultural operation (as defined in8 IC 32-30-6-1) without the consent of the owner, possessor, or9 occupant of the property that is damaged;

    10 (4) the grounds:11 (A) adjacent to; and12 (B) owned or rented in common with;13 a structure or facility identified in subdivisions (1) through (3)14 without the consent of the owner, possessor, or occupant of the15 property that is damaged;16 (5) personal property contained in a structure or located at a17 facility identified in subdivisions (1) through (3) without the18 consent of the owner, possessor, or occupant of the property that19 is damaged;20 (6) property that is vacant real property (as defined in21 IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);22 or23 (7) property after the person has been denied entry to the property24 by a court order that was issued:25 (A) to the person; or26 (B) to the general public by conspicuous posting on or around27 the property in areas where a person could observe the order28 when the property has been designated by a municipality or29 county enforcement authority to be a vacant property, an30 abandoned property, or an abandoned structure (as defined in31 IC 36-7-36-1);32 commits institutional criminal mischief, a Class A misdemeanor.33 However, the offense is a Level 6 felony if the pecuniary loss (or34 property damage, in the case of an agricultural operation) is at least35 seven hundred fifty dollars ($750) but less than fifty thousand dollars36 ($50,000), and a Level 5 felony if the pecuniary loss (or property37 damage, in the case of an agricultural operation) is at least fifty38 thousand dollars ($50,000).39 (c) A person who recklessly, knowingly, or intentionally damages40 property:41 (1) during the dealing or manufacture of or attempted dealing or42 manufacture of a controlled substance; and

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    1 (2) by means of a fire or an explosion;2 commits controlled substances criminal mischief, a Level 6 felony.3 However, the offense is a Level 5 felony if the offense results in4 moderate bodily injury to any person other than a defendant.5 (d) If a person is convicted of an offense under this section that6 involves the use of graffiti, the court may, in addition to any other7 penalty, order that the person's operator's license be suspended or8 invalidated by the bureau of motor vehicles for not more than one (1)9 year.

    10 (e) The court may rescind an order for suspension or invalidation11 under subsection (d) and allow the person to receive a license or permit12 before the period of suspension or invalidation ends if the court13 determines that the person has removed or painted over the graffiti or14 has made other suitable restitution.15 (f) For purposes of this section, "pecuniary loss" includes:16 (1) the total costs incurred in inspecting, cleaning, and17 decontaminating property contaminated by a pollutant; and18 (2) a reasonable estimate of all additional costs not already19 incurred under subdivision (1) that are necessary to inspect, clean,20 and decontaminate property contaminated by a pollutant, to the21 extent that the property has not already been:22 (A) cleaned;23 (B) decontaminated; or24 (C) both cleaned and decontaminated.25 The term includes inspection, cleaning, or decontamination conducted26 by a person certified under IC 13-14-1-15. IC 16-19-3.1.27 SECTION 16. IC 35-50-5-3, AS AMENDED BY P.L.252-2017,28 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE29 JULY 1, 2018]: Sec. 3. (a) Except as provided in subsection (i), (j), (l),30 or (m), in addition to any sentence imposed under this article for a31 felony or misdemeanor, the court may, as a condition of probation or32 without placing the person on probation, order the person to make33 restitution to the victim of the crime, the victim's estate, or the family34 of a victim who is deceased. The court shall base its restitution order35 upon a consideration of:36 (1) property damages of the victim incurred as a result of the37 crime, based on the actual cost of repair (or replacement if repair38 is inappropriate);39 (2) medical and hospital costs incurred by the victim (before the40 date of sentencing) as a result of the crime;41 (3) the cost of medical laboratory tests to determine if the crime42 has caused the victim to contract a disease or other medical

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    1 condition;2 (4) earnings lost by the victim (before the date of sentencing) as3 a result of the crime including earnings lost while the victim was4 hospitalized or participating in the investigation or trial of the5 crime; and6 (5) funeral, burial, or cremation costs incurred by the family or7 estate of a homicide victim as a result of the crime.8 (b) A restitution order under subsection (a), (i), (j), (l), or (m) is a9 judgment lien that:

    10 (1) attaches to the property of the person subject to the order;11 (2) may be perfected;12 (3) may be enforced to satisfy any payment that is delinquent13 under the restitution order by the person in whose favor the order14 is issued or the person's assignee; and15 (4) expires;16 in the same manner as a judgment lien created in a civil proceeding.17 (c) When a restitution order is issued under subsection (a), the18 issuing court may order the person to pay the restitution, or part of the19 restitution, directly to:20 (1) the victim services division of the Indiana criminal justice21 institute in an amount not exceeding:22 (A) the amount of the award, if any, paid to the victim under23 IC 5-2-6.1; and24 (B) the cost of the reimbursements, if any, for emergency25 services provided to the victim under IC 16-10-1.5 (before its26 repeal) or IC 16-21-8; or27 (2) a probation department that shall forward restitution or part of28 restitution to:29 (A) a victim of a crime;30 (B) a victim's estate; or31 (C) the family of a victim who is deceased.32 The victim services division of the Indiana criminal justice institute33 shall deposit the restitution it receives under this subsection in the34 violent crime victims compensation fund established by IC 5-2-6.1-40.35 (d) When a restitution order is issued under subsection (a), (i), (j),36 (l), or (m), the issuing court shall send a certified copy of the order to37 the clerk of the circuit court in the county where the felony or38 misdemeanor charge was filed. The restitution order must include the39 following information:40 (1) The name and address of the person that is to receive the41 restitution.42 (2) The amount of restitution the person is to receive.

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    1 Upon receiving the order, the clerk shall enter and index the order in2 the circuit court judgment docket in the manner prescribed by3 IC 33-32-3-2. The clerk shall also notify the department of insurance4 of an order of restitution under subsection (i).5 (e) An order of restitution under subsection (a), (i), (j), (l), or (m)6 does not bar a civil action for:7 (1) damages that the court did not require the person to pay to the8 victim under the restitution order but arise from an injury or9 property damage that is the basis of restitution ordered by the

    10 court; and11 (2) other damages suffered by the victim.12 (f) Regardless of whether restitution is required under subsection (a)13 as a condition of probation or other sentence, the restitution order is not14 discharged by the completion of any probationary period or other15 sentence imposed for a felony or misdemeanor.16 (g) A restitution order under subsection (a), (i), (j), (l), or (m) is not17 discharged by the liquidation of a person's estate by a receiver under18 IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,19 IC 34-1-12, or IC 34-2-7 before their repeal).20 (h) The attorney general may pursue restitution ordered by the court21 under subsections (a) and (c) on behalf of the victim services division22 of the Indiana criminal justice institute established under IC 5-2-6-8.23 (i) The court may order the person convicted of an offense under24 IC 35-43-9 to make restitution to the victim of the crime. The court25 shall base its restitution order upon a consideration of the amount of26 money that the convicted person converted, misappropriated, or27 received, or for which the convicted person conspired. The restitution28 order issued for a violation of IC 35-43-9 must comply with29 subsections (b), (d), (e), and (g), and is not discharged by the30 completion of any probationary period or other sentence imposed for31 a violation of IC 35-43-9.32 (j) The court may order the person convicted of an offense under33 IC 35-43-5-3.5 to make restitution to the victim of the crime, the34 victim's estate, or the family of a victim who is deceased. The court35 shall base its restitution order upon a consideration of the amount of36 fraud or harm caused by the convicted person and any reasonable37 expenses (including lost wages) incurred by the victim in correcting the38 victim's credit report and addressing any other issues caused by the39 commission of the offense under IC 35-43-5-3.5. If, after a person is40 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's41 estate, or the family of a victim discovers or incurs additional expenses42 that result from the convicted person's commission of the offense under

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    1 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders2 to require the convicted person to make restitution, even if the court3 issued a restitution order at the time of sentencing. For purposes of4 entering a restitution order after sentencing, a court has continuing5 jurisdiction over a person convicted of an offense under IC 35-43-5-3.56 for five (5) years after the date of sentencing. Each restitution order7 issued for a violation of IC 35-43-5-3.5 must comply with subsections8 (b), (d), (e), and (g), and is not discharged by the completion of any9 probationary period or other sentence imposed for an offense under

    10 IC 35-43-5-3.5.11 (k) The court shall order a person convicted of an offense under12 IC 35-42-3.5 to make restitution to the victim of the crime in an amount13 equal to the greater of the following:14 (1) The gross income or value to the person of the victim's labor15 or services.16 (2) The value of the victim's labor as guaranteed under the17 minimum wage and overtime provisions of:18 (A) the federal Fair Labor Standards Act of 1938, as amended19 (29 U.S.C. 201-209); or20 (B) IC 22-2-2 (Minimum Wage);21 whichever is greater.22 (l) The court shall order a person who:23 (1) is convicted of dealing in methamphetamine under24 IC 35-48-4-1.1 or manufacturing methamphetamine under25 IC 35-48-4-1.2; and26 (2) manufactured the methamphetamine on property owned by27 another person, without the consent of the property owner;28 to pay liquidated damages to the property owner in the amount of ten29 thousand dollars ($10,000) or to pay actual damages to the property30 owner, including lost rent and the costs of decontamination by an a31 qualified inspector approved certified under IC 13-14-1-15.32 IC 16-19-3.1.33 (m) The court shall order a person who:34 (1) is convicted of dealing in marijuana under35 IC 35-48-4-10(a)(1)(A); and36 (2) manufactured the marijuana on property owned by another37 person, without the consent of the property owner;38 to pay liquidated damages to the property owner in the amount of two39 thousand dollars ($2,000).40 SECTION 17. [EFFECTIVE JULY 1, 2018] (a) All powers, duties,41 agreements, and liabilities of the Indiana department of42 environmental management under IC 13-14-1-15 (before its repeal

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    1 by this act on July 1, 2018) are transferred to the state department2 of health under IC 16-19-3.1 (as added by this act).3 (b) A rule adopted by the Indiana department of environmental4 management under IC 13-14-1-15 (before its repeal by this act on5 July 1, 2018) before July 1, 2018, and in effect on June 30, 2018, is6 considered, after June 30, 2018, a rule of the state department of7 health.8 (c) All records and property related to IC 13-14-1-15 (before its9 repeal by this act on July 1, 2018) are transferred to the state

    10 department of health.11 (d) This SECTION expires June 30, 2021.

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    COMMITTEE REPORT

    Mr. Speaker: Your Committee on Public Health, to which wasreferred House Bill 1120, has had the same under consideration andbegs leave to report the same back to the House with therecommendation that said bill be amended as follows:

    Page 1, delete lines 1 through 17, begin a new paragraph and insert:"SECTION 1. IC 5-2-6-19, AS AMENDED BY P.L.180-2014,

    SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2018]: Sec. 19. (a) As used in this section, "controlledsubstance" has the meaning set forth in IC 35-48-1-9.

    (a) (b) As used in this section, "department" refers to the state policedepartment.

    (b) (c) As used in this section, "property" refers to a: structure orpart of a structure that is used as a home, residence, or sleeping unit.

    (1) dwelling;(2) building;(3) motor vehicle (as defined in IC 9-13-2-105);(4) trailer (as defined in IC 9-13-2-184);(5) watercraft (as defined by IC 9-13-2-198.5); or(6) similar enclosed space, either temporary or fixed.

    (c) (d) Subject to specific appropriation by the general assembly, thedepartment shall establish, maintain, and operate a web site containinga list of properties that have been used as the site of amethamphetamine laboratory. in the illegal manufacture of acontrolled substance. The list of properties shall be based oninformation received from a law enforcement agency underIC 5-2-15-3.

    (d) (e) Subject to specific appropriation by the general assembly,and in accordance with subsection (g), (h), the department shall publishthe list of properties that have been used as the site of amethamphetamine laboratory in the illegal manufacture of acontrolled substance on a web site maintained by the department. Ifmethamphetamine a controlled substance is manufactured in anapartment that is a unit of a multi-unit apartment complex, thedepartment shall publish only the address, including the apartmentnumber, of the particular apartment in which the methamphetaminecontrolled substance was manufactured. The department shall designthe web site to enable a user to easily determine whether a particularproperty has been used as the site of a methamphetamine laboratory.the illegal manufacture of a controlled substance.

    (e) (f) The department shall remove a listed property from the web

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    site not later than ninety (90) days after the property has been certifiedas decontaminated by an a qualified inspector approved certifiedunder IC 13-14-1-15. IC 16-19-3.1-1.

    (f) (g) If property has been certified as decontaminated by an aqualified inspector approved certified under IC 13-14-1-15IC 16-19-3.1-1 before it is placed on the list required under subsection(c), (d), the department may not place the property on the list.

    (g) (h) The department may not shall list a property that has beenused as the site of a methamphetamine laboratory the illegalmanufacture of a controlled substance on the web site until onehundred eighty (180) days after the date on which the departmentreceives information from a law enforcement agency that the propertyhas been the site of a methamphetamine laboratory. the illegalmanufacture of a controlled substance.".

    Page 2, delete lines 1 through 35.Page 3, line 5, delete "manufacture, use, or disposal" and insert

    "manufacture of a controlled substance (as defined inIC 35-48-1-9)".

    Page 3, delete line 6.Page 3, line 7, delete "IC 16-18-2-75.5)".Page 3, delete lines 18 through 27.Page 3, delete lines 32 through 33, begin a new line block indented

    and insert:"(1) "Controlled substance" has the meaning set forth inIC 35-48-1-9.".

    Page 3, line 40, delete "manufacture, use, or" and insert"manufacture".

    Page 3, line 41, delete "disposal of a contaminating" and insert "ofa".

    Page 4, line 2, delete "manufacture, use, or" and insert"manufacture".

    Page 4, line 3, delete "disposal of a contaminating" and insert "of a".Page 4, line 23, delete "manufacture, use, or disposal" and insert

    "manufacture".Page 4, line 24, delete "contaminating".Page 4, line 27, delete "manufacture, use," and insert

    "manufacture".Page 4, line 28, delete "or disposal of a contaminating" and insert

    "of a".Page 4, delete lines 38 through 39, begin a new line block indented

    and insert:"(1) "Controlled substance" has the meaning set forth in

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    IC 35-48-1-9.".Page 5, line 4, delete "manufacture, use, or" and insert

    "manufacture".Page 5, line 5, delete "disposal of a contaminating" and insert "of a".Page 5, line 6, delete "manufacture, use, or disposal" and insert

    "manufacture".Page 5, line 7, delete "contaminating".Page 5, line 14, delete "manufacture, use, or disposal of a

    contaminating" and insert "manufacture of a".Page 6, delete lines 5 through 23.Page 6, line 35, delete "boat;" and insert "watercraft (as defined by

    IC 9-13-2-198.5);".Page 6, line 40, delete "Contaminating".Page 7, line 3, delete "manufacture, use, or disposal" and insert

    "manufacture".Page 7, line 4, delete "contaminating".Page 7, line 10, delete "manufacture, use, or" and insert

    "manufacture".Page 7, line 11, delete "disposal of contaminating" and insert "of".Page 7, line 13, delete "manufacturing, use, or disposal of a

    contaminating" and insert "manufacturing of a".Page 7, line 22, delete "manufacture, use, or disposal" and insert

    "manufacture".Page 7, line 23, delete "contaminating".Page 7, line 25, delete "manufacture, use, or disposal" and insert

    "manufacture".Page 7, line 26, delete "contaminating".Page 7, line 29, delete "manufacture, use, or disposal of a

    contaminating" and insert "manufacture of a".Page 7, line 39, delete "manufacture, use, or disposal" and insert

    "manufacture".Page 7, line 40, delete "contaminating".Page 8, delete lines 4 through 30.Page 8, delete lines 33 through 42.Delete page 9.Page 10, delete lines 9 through 42.Delete page 11.Page 12, delete line 1, begin a new paragraph and insert:"SECTION 20. IC 32-21-5-7, AS AMENDED BY P.L.180-2014,

    SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2018]: Sec. 7. The Indiana real estate commission establishedby IC 25-34.1-2-1 shall adopt a specific disclosure form that contains

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    the following:(1) Disclosure by the owner of the known condition of thefollowing:

    (A) The foundation.(B) The mechanical systems.(C) The roof.(D) The structure.(E) The water and sewer systems.(F) Additions that may require improvements to the sewagedisposal system.(G) Other areas that the Indiana real estate commissiondetermines are appropriate.

    (2) Disclosure by the owner of known:(A) contamination caused by the manufacture of a controlledsubstance (as defined by IC 35-48-1-9) on the property thathas not been certified as decontaminated by an a qualifiedinspector approved who is certified under IC 13-14-1-15;IC 16-19-3.1; or(B) manufacture of methamphetamine or dumping of wastefrom the manufacture of methamphetamine in a residentialstructure on the property.

    (3) A notice to the prospective buyer that contains substantiallythe following language:"The prospective buyer and the owner may wish to obtainprofessional advice or inspections of the property and provide forappropriate provisions in a contract between them concerning anyadvice, inspections, defects, or warranties obtained on theproperty.".(4) A notice to the prospective buyer that contains substantiallythe following language:"The representations in this form are the representations of theowner and are not the representations of the agent, if any. Thisinformation is for disclosure only and is not intended to be a partof any contract between the buyer and owner.".(5) A disclosure by the owner that an airport is located within ageographical distance from the property as determined by theIndiana real estate commission. The commission may consider thedifferences between an airport serving commercial airlines and anairport that does not serve commercial airlines in determining thedistance to be disclosed.".

    Page 17, delete lines 18 through 42. Delete pages 18 through 20.

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    Page 21, delete lines 1 through 25.Renumber all SECTIONS consecutively.

    and when so amended that said bill do pass.

    (Reference is to HB 1120 as introduced.)

    KIRCHHOFER

    Committee Vote: yeas 11, nays 0.

    _____

    COMMITTEE REPORT

    Madam President: The Senate Committee on Judiciary, to whichwas referred House Bill No. 1120, has had the same underconsideration and begs leave to report the same back to the Senate withthe recommendation that said bill be AMENDED as follows:

    Page 1, line 7, strike "refers to a:" and insert "means a dwelling (asdefined in IC 13-11-2-61.3.".

    Page 1, delete lines 9 through 14.Page 2, line 26, reset in roman "may not".Page 2, line 26, delete "shall".Page 2, line 42, after "3." insert "(a) As used in this section,

    "property" refers to a:(1) dwelling (as defined in IC 13-11-2-61.3);(2) building;(3) motor vehicle (as defined in IC 9-13-2-105(a));(4) trailer (as defined in IC 9-13-2-184(b)); or(5) watercraft (as defined by IC 9-13-2-198.5).

    (b)".Page 3, line 1, delete "(as".Page 3, line 2, delete "defined in IC 5-2-6-19)".Page 3, line 9, strike "which" and insert "whose jurisdiction".Page 3, line 20, delete "IC 5-2-6-19." and insert "IC 5-2-15-3.".Page 3, line 36, strike "which" and insert "whose jurisdiction".Page 5, line 38, delete "dwelling;" and insert "dwelling (as defined

    in IC 13-11-2-61.3);".Page 5, line 40, delete "IC 9-13-2-105);" and insert "IC

    9-13-2-105(a));".Page 5, line 41, delete "IC 9-13-2-184);" and insert "IC

    9-13-2-184(b)); or".

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    Page 5, line 42, delete "IC 9-13-2-198.5); or" and insert "IC9-13-2-198.5).".

    Page 6, delete line 1.

    and when so amended that said bill do pass.

    (Reference is to HB 1120 as printed January 26, 2018.)

    BRAY, Chairperson

    Committee Vote: Yeas 10, Nays 0.

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