Indiana § 1-1-2-4 - Construction of references to a conviction

§ 1-1-2-4. Construction of references to a conviction

Sec. 4. (a) As used in this section, "reference to a conviction for an Indiana criminal offense" means both a specific reference to a conviction for a criminal offense in Indiana (with or without an Indiana Code citation reference) and a general reference to a conviction for a class or type of criminal offense, such as:

(1) a felony;

(2) a misdemeanor;

(3) a sex offense;

(4) a violent crime;

(5) a crime of domestic violence;

(6) a crime of dishonesty;

(7) fraud;

(8) a crime resulting in a specified injury or committed against a specified victim; or

(9) a crime under IC 35-42 or IC 9-30-5 or under any other statute describing one (1) or more criminal offenses.

(b) Except as provided in subsection (c), a reference to a conviction for an Indiana criminal offense appearing within the Indiana Code also includes a conviction for any of the following:

(1) An attempt to commit the offense, unless the offense is murder (IC 35-42-1-1).

(2) A conspiracy to commit the offense.

(3) A substantially similar offense committed in another jurisdiction, including an attempt or conspiracy to commit the offense, even if the reference to the conviction for the Indiana criminal offense specifically refers to an "Indiana conviction" or a conviction "in Indiana" or under "Indiana law" or "laws of this state".

(c) A reference to a conviction for an Indiana criminal offense appearing within the Indiana Code does not include an offense described in subsection (b)(1) through (b)(3) if:

(1) the reference expressly excludes an offense described in subsection (b)(1) through (b)(3); or

(2) with respect to an offense described in subsection (b)(3), the reference imposes an additional qualifier on the offense committed in another jurisdiction.

(d) If there is a conflict between a provision in this section and another provision of the Indiana Code, this section controls.

As added by P.L.142-2020, SEC.2.

IC 1-1-2.5Chapter 2.5. Regulation of Intrastate Commerce

1-1-2.5-1Application of chapter 1-1-2.5-2General Assembly declarations

IC 1-1-2.5-1Application of chapter Sec. 1. This chapter applies to all:

(1) goods grown, manufactured, or made; and

(2) services performed;

in Indiana after July 1, 2012.

As added by P.L.152-2012, SEC.1.

IC 1-1-2.5-2General Assembly declarations Sec. 2. The general assembly declares the following:

(1) The Tenth Amendment to the Constitution of the United States provides that the only powers that the federal government may exercise are those that have been delegated to the federal government in the Constitution of the United States.

(2) The Ninth Amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people of Indiana those rights.

(3) Under Article I, Section 8, Clause 3 of the Constitution of the United States, the federal government is empowered to regulate commerce among the several states.

(4) The power to regulate intrastate commerce is reserved to the states or the people under the Ninth and Tenth Amendments to the Constitution of the United States.

(5) During the Constitutional Convention, the founders considered a plan that would have authorized the federal government not only to regulate commerce among the several states, but also to regulate any activity having spillover effects across state lines. The founders rejected this latter idea.

(6) All:

(A) goods grown, manufactured, or made in Indiana; and

(B) services performed in Indiana;

when the goods or services are sold, maintained, and retained in Indiana are not subject to the authority of the Congress of the United States under the constitutional power of Congress to regulate commerce among the several states.

As added by P.L.152-2012, SEC.1.

IC 1-1-3Chapter 3. Proclamation Date; Effective Dates of Session Laws

1-1-3-1Certificate of receipt 1-1-3-2Proclamation by governor 1-1-3-3Effective dates 1-1-3-4Effectiveness of acts passed over governor's veto