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

(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.

Legislative History

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