Bill Text: IN HB1315 | 2010 | Regular Session | Introduced

---

Bill Title: Illegal practice of law and racketeering activity.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Judiciary [HB1315 Detail]

Download: Indiana-2010-HB1315-Introduced.html

---

---

Introduced Version

---

---

HOUSE BILL No. 1315

_____

DIGEST OF INTRODUCED BILL

Citations Affected: IC 35-45-6-1.

Synopsis: Illegal practice of law and racketeering activity. Provides that the practice of law by a person who is not an attorney is considered racketeering activity for purposes of the law concerning racketeer influenced and corrupt organizations.

Effective: July 1, 2010.

---

---

Foley, Van Haaften

---

---

    January 13, 2010, read first time and referred to Committee on Judiciary.

---

---

---

Introduced

Second Regular Session 116th General Assembly (2010)

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 this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a 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 conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

HOUSE BILL No. 1315

---

    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:

SOURCE: IC 35-45-6-1; (10)IN1315.1.1. -->     SECTION 1. IC 35-45-6-1, AS AMENDED BY P.L.143-2009, SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) The definitions in this section apply throughout this chapter.
    (b) "Documentary material" means any document, drawing, photograph, recording, or other tangible item containing compiled data from which information can be either obtained or translated into a usable form.
    (c) "Enterprise" means:
        (1) a sole proprietorship, corporation, limited liability company, partnership, business trust, or governmental entity; or
        (2) a union, an association, or a group, whether a legal entity or merely associated in fact.
    (d) "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering activity that have the same or similar intent, result, accomplice, victim, or method of commission, or that are otherwise interrelated by distinguishing characteristics that are not

isolated incidents. However, the incidents are a pattern of racketeering activity only if at least one (1) of the incidents occurred after August 31, 1980, and if the last of the incidents occurred within five (5) years after a prior incident of racketeering activity.
    (e) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit a violation of, or aiding and abetting in a violation of any of the following:
        (1) A provision of IC 23-19, or of a rule or order issued under IC 23-19.
        (2) A violation of IC 35-45-9.
        (3) A violation of IC 35-47.
        (4) A violation of IC 35-49-3.
        (5) Murder (IC 35-42-1-1).
        (6) Battery as a Class C felony (IC 35-42-2-1).
        (7) Kidnapping (IC 35-42-3-2).
        (8) Human and sexual trafficking crimes (IC 35-42-3.5).
        (9) Child exploitation (IC 35-42-4-4).
        (10) Robbery (IC 35-42-5-1).
        (11) Carjacking (IC 35-42-5-2).
        (12) Arson (IC 35-43-1-1).
        (13) Burglary (IC 35-43-2-1).
        (14) Theft (IC 35-43-4-2).
        (15) Receiving stolen property (IC 35-43-4-2).
        (16) Forgery (IC 35-43-5-2).
        (17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(10)).
        (18) Bribery (IC 35-44-1-1).
        (19) Official misconduct (IC 35-44-1-2).
        (20) Conflict of interest (IC 35-44-1-3).
        (21) Perjury (IC 35-44-2-1).
        (22) Obstruction of justice (IC 35-44-3-4).
        (23) Intimidation (IC 35-45-2-1).
        (24) Promoting prostitution (IC 35-45-4-4).
        (25) Professional gambling (IC 35-45-5-3).
        (26) Maintaining a professional gambling site (IC 35-45-5-3.5(b)).
        (27) Promoting professional gambling (IC 35-45-5-4).
        (28) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
        (29) Dealing in or manufacturing methamphetamine (IC 35-48-4-1.1).
        (30) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).

---

        (31) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
        (32) Dealing in a schedule V controlled substance (IC 35-48-4-4).
        (33) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
        (34) Money laundering (IC 35-45-15-5).
        (35) A violation of IC 35-47.5-5.
        (36) A violation of any of the following:
            (A) IC 23-14-48-9.
            (B) IC 30-2-9-7(b).
            (C) IC 30-2-10-9(b).
            (D) IC 30-2-13-38(f).
         (37) Practice of law by a person who is not an attorney (IC 33-43-2-1).

SOURCE: ; (10)IN1315.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2010] This act applies only to crimes committed after June 30, 2010.