Indiana Code 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
(1) A city.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $5,000 |
Terms Used In Indiana Code 3-14-5-8
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Bench trial: Trial without a jury in which a judge decides the facts.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
(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 Ind. Code § 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 Ind. Code § 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 Ind. Code § 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).
As added by P.L.164-2006, SEC.134. Amended by P.L.109-2015, SEC.2; P.L.233-2015, SEC.3.