Indiana § 35-50-2-15 - Criminal organization enhancement

§ 35-50-2-15. Criminal organization enhancement

Sec. 15. (a) This section does not apply to an individual who is convicted of a felony offense under IC 35-45-9.

(b) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed a felony offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person:

(1) knowingly or intentionally was a member of a criminal organization while committing the offense; and

(2) committed the felony offense:

(A) at the direction of or in affiliation with a criminal organization; or

(B) with the intent to benefit, promote, or further the interests of a criminal organization, or for the purposes of increasing the person's own standing or position with a criminal organization.

(c) If the person is convicted of the felony offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.

(d) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person knowingly or intentionally was a member of a criminal organization while committing the felony offense and committed the felony offense at the direction of or in affiliation with a criminal organization as described in subsection (b), the court shall:

(1) sentence the person to an additional fixed term of imprisonment equal to the sentence imposed for the underlying felony, if the person is sentenced for only one (1) felony; or

(2) sentence the person to an additional fixed term of imprisonment equal to the longest sentence imposed for the underlying felonies, if the person is being sentenced for more than one (1) felony.

(e) A sentence imposed under this section shall run consecutively to the underlying sentence.

(f) A term of imprisonment imposed under this section may not be suspended.

(g) For purposes of subsection (c), evidence that a person was a member of a criminal organization or committed a felony at the direction of or in affiliation with a criminal organization may include the following:

(1) An admission of criminal organization membership by the person.

(2) A statement by:

(A) a member of the person's family;

(B) the person's guardian; or

(C) a reliable member of the criminal organization;

stating the person is a member of a criminal organization.

(3) The person having tattoos identifying the person as a member of a criminal organization.

(4) The person having a style of dress that is particular to members of a criminal organization.

(5) The person associating with one (1) or more members of a criminal organization.

(6) Physical evidence indicating the person is a member of a criminal organization.

(7) An observation of the person in the company of a known criminal organization member on at least three (3) occasions.

(8) Communications authored by the person indicating criminal organization membership, promotion of the membership in a criminal organization, or responsibility for an offense committed by a criminal organization.

(9) The person's use of the hand signs of a criminal organization.

(10) The person's involvement in recruiting criminal organization members.

As added by P.L.109-2006, SEC.3. Amended by P.L.158-2013, SEC.666; P.L.25-2016, SEC.29.