§ 3-14-5-8 — Employment sanctions for a person convicted of a vote fraud felony or class A misdemeanor; remedies if conviction is reversed, vacated, or set aside; injunctions; civil penalties

Indiana § 3-14-5-8

• Jurisdiction: Indiana
• Art. 14: OFFENSES
• Ch. 5: Enforcement Provisions

Text

(a) As used in this section, "governmental
entity" refers to any of the following:
(1) A city.
(2) A town.
(3) An agency of a governmental entity referred to in any of
subdivisions (1) through (2).
(b) As used in this section, "date of conviction" refers to the date
when:
(1) in a jury trial, a jury publicly announces a verdict against a
person for a felony or Class A misdemeanor;
(2) in a bench trial, the court publicly announces a verdict against
a person for a felony or Class A misdemeanor; or
(3) in a guilty plea hearing, a person pleads guilty or nolo
contendere to a felony or Class A misdemeanor.
(c) A person who is convicted under IC 3-14-2 of a felony or Class
A misdemeanor that relates to an election for an office for a
governmental entity shall not:
(1) continue employment with;
(2) obtain future employment with;
(3) contract with; or
(4) be a subcontractor under a contract with;
any governmental entity for twenty (20) years after the date of
conviction.
(d) For twenty (20) years after the person's date of conviction, a
governmental entity may not:
(1) employ;
(2) offer employment to;
(3) contract with; or
(4) maintain a contractual relationship when a subcontractor is;
a person who is convicted under IC 3-14-2 of a felony or Class A
misdemeanor that relates to an election for an office for any
governmental entity.
(e) If:
(1) a person was employed by a governmental entity;
(2) the person was convicted under IC 3-14-2 of a felony or Class
A misdemeanor relating to an election for an office for a
governmental entity;
(3) the person's employment with the governmental entity was
discontinued under subsection (c) or (d); and
(4) the person's conviction is reversed, vacated, or set aside;
the governmental entity shall reemploy the person in the same position
the person held before the person's conviction or in another position
equivalent in benefits, pay, and working conditions to the position the
person held before the person's conviction, and the person is entitled to
receive any salary or other remuneration that the person would have
received if the person's employment had not been discontinued under
subsection (c) or (d).
(f) The attorney general may petition a court with jurisdiction for an
injunction against a person who violates subsection (c) or a
governmental entity that violates subsection (d).
(g) The attorney general may petition a court with jurisdiction to
impose a civil penalty of not more than one thousand dollars ($1,000)
on a person who violates subsection (c).

Legislative History

As added by P.L.164-2006, SEC.134. Amended by P.L.109-2015, SEC.2; P.L.233-2015, SEC.3.