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 Post subject: Representative Pelath's immigration bill HB 1272
PostPosted: Wed Jan 14, 2009 10:33 am 
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Introduced Version


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HOUSE BILL No. 1272


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DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-24-18-7; IC 11-10; IC 22-4.1-4-4; IC 22-5; IC 35-43-5.

Synopsis: Illegal immigration. Requires: (1) the department of workforce development to determine and file an annual report on the number, industries of employment, and wage rates of unauthorized aliens; and (2) public employers and public contractors to use E-Verify to verify the work eligibility status of all newly hired employees. Requires the department of correction to: (1) evaluate the citizenship and immigration status of a committed offender; and (2) notify and work with the United States Department of Homeland Security to deport offenders who are in the United States unlawfully. Requires the attorney general to: (1) verify quarterly whether an order has been issued or a criminal penalty has been imposed under a federal law regarding the employment of unauthorized aliens against a person or other entity doing business in Indiana; and (2) order the appropriate agencies to permanently revoke all licenses held by a person or entity who has had an order issued or a criminal penalty imposed against the person or entity. Provides that: (1) a person who counterfeits or falsely reproduces a driver's license with intent to use the license or to permit another person to use the license commits a Class D felony (instead of a Class B misdemeanor); and (2) a person who knowingly or intentionally produces or distributes a document that is not issued by a government entity and that purports to be a government issued identification commits a Class C felony (instead of a Class A misdemeanor). Makes making or distributing a forged instrument a Class B felony.


Effective: July 1, 2009.




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Pelath

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January 13, 2009, read first time and referred to Committee on Interstate and International Cooperation.







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Introduced



First Regular Session 116th General Assembly (2009)


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 2008 Regular Session of the General Assembly.







HOUSE BILL No. 1272




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A BILL FOR AN ACT to amend the Indiana Code concerning public safety.




Be it enacted by the General Assembly of the State of Indiana:




SOURCE: IC 9-24-18-7; (09)IN1272.1.1. --> SECTION 1. IC 9-24-18-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. A person who counterfeits or falsely reproduces a driving license with intent to use the license or to permit another person to use the license commits a Class B misdemeanor. Class D felony.

SOURCE: IC 11-10-1-2; (09)IN1272.1.2. --> SECTION 2. IC 11-10-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) A committed criminal offender shall, within a reasonable time, be evaluated regarding:
(1) his the offender's medical, psychological, educational, vocational, economic and social condition, and history;
(2) the circumstances surrounding his the offender's present commitment;
(3) his the offender's history of criminality; and
(4) the citizenship or immigration status of the offender; and
(4) (5) any additional relevant matters.
(b) In making the evaluation prescribed in subsection (a), the
department may utilize any presentence report, any presentence memorandum filed by the offender, any reports of any presentence physical or mental examination, the record of the sentencing hearing, or other information forwarded by the sentencing court or other agency, if that information meets the department's minimum standards for criminal offender evaluation.
(c) If an offender has undergone, within two (2) years before the date of his the offender's commitment, a previous departmental evaluation under this section, the department may rely on the previous evaluation and the information used at that time. However, this subsection does not deprive an offender of the right to a medical and dental examination under IC 11-10-3.
(d) If the department is unable to verify the citizenship or immigration status of a committed criminal offender, the department shall notify the United States Department of Homeland Security that the citizenship or immigration status of the offender could not be verified. The department shall work with the United States Department of Homeland Security to deport a committed criminal offender who is unlawfully present in the United States.


SOURCE: IC 11-10-2-4; (09)IN1272.1.3. --> SECTION 3. IC 11-10-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) A committed offender shall, within a reasonable time, be evaluated regarding:
(1) his the offender's medical, psychological, educational, vocational, economic and social condition, and history;
(2) the circumstances surrounding his the offender's present commitment;
(3) his the offender's history of delinquency; and
(4) the citizenship or immigration status of the offender; and
(4) (5) any additional relevant matters.
(b) In making the evaluation prescribed in subsection (a), the department may utilize reports of any precommitment physical or mental examination or other information or records forwarded by the committing court or other agency, if that information meets the department's minimum standards for delinquent offender evaluation.
(c) If a committed offender has undergone, within one (1) year before the date of his the offender's commitment, a previous departmental evaluation under this section, the department may rely on the previous evaluation and the information used at that time. However, this subsection does not deprive an offender of the right to a medical and dental examination under IC 11-10-3.
(d) If the department is unable to verify the citizenship or immigration status of a committed offender, the department shall
notify the United States Department of Homeland Security that the citizenship or immigration status of the committed offender could not be verified. The department shall work with the United States Department of Homeland Security to deport a committed offender who is unlawfully present in the United States.


SOURCE: IC 22-4.1-4-4; (09)IN1272.1.4. --> SECTION 4. IC 22-4.1-4-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) As used in this section, "unauthorized alien" has the meaning set forth in 8 U.S.C. 1324a(h).
(b) The department shall determine the following each year:
(1) The number of unauthorized aliens who are working in Indiana.
(2) The industries in which unauthorized aliens are employed in Indiana.
(3) The wage rates paid to unauthorized aliens in Indiana.
(c) The department shall prepare and file an annual report that includes the information required under subsection (b) with the legislative council before December 31 of each year. The report filed with the legislative council must be in an electronic format under IC 5-14-6.

SOURCE: IC 22-5-1.5; (09)IN1272.1.5. --> SECTION 5. IC 22-5-1.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
Chapter 1.5. Employment of Unauthorized Aliens
Sec. 1. As used in this chapter, "agency" means any state or local administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, service, or other similar body of government created or established by law that issues a license for purposes of operating a business in Indiana.
Sec. 2. (a) As used in this chapter, "license" means any permit, certificate, approval, registration, charter, or similar authorization that is:
(1) required by law; and
(2) issued by an agency;
for purposes of operating a business in Indiana.
(b) The term does not include an occupational or professional license.
Sec. 3. The attorney general shall verify quarterly whether an order has been issued or a criminal penalty has been imposed under 8 U.S.C. 1324a(f) against a person or other entity doing business in Indiana.
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Sec. 4. If, after an investigation, the attorney general determines that an order has been issued or a criminal penalty has been imposed under 8 U.S.C. 1324a(f) against a person or other entity doing business in Indiana, the attorney general shall order the appropriate agencies to permanently revoke all licenses held by the person or entity.
Sec. 5. If an agency receives an order from the attorney general under section 4 of this chapter, the agency immediately shall revoke the license or licenses that are held by the person or entity to which the order relates.

SOURCE: IC 22-5-2.5; (09)IN1272.1.6. --> SECTION 6. IC 22-5-2.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
Chapter 2.5. Verification of Employment Status
Sec. 1. (a) As used in this chapter, "contractor" means a person that has a public contract for services with a state agency or political subdivision.
(b) The term includes a subcontractor, contract employee, or staffing agency.
Sec. 2. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
Sec. 3. As used in this chapter, "public contract for services" means any type of agreement, regardless of how the agreement is denominated, between a state agency or political subdivision and a contractor for the procurement of services.
Sec. 4. As used in this chapter, "public employer" means a state agency or political subdivision.
Sec. 5. As used in this chapter, "state agency" has the meaning set forth in IC 4-6-3-1.
Sec. 6. As used in this chapter, "E-Verify" means the employment verification pilot program jointly administered by the United States Department of Homeland Security and the Social Security Administration or its successor program.
Sec. 7. As used in this chapter, "unauthorized alien" has the meaning set forth in 8 U.S.C. 1324a(h).
Sec. 8. A public employer shall use E-Verify to verify the work eligibility status of all employees of the public employer hired after June 30, 2009.
Sec. 9. A contractor shall use E-Verify to verify the work eligibility status of all employees of the contractor hired after June 30, 2009.
Sec. 10. After June 30, 2009, a public employer may not enter
into a public contract for services with a contractor unless the contractor uses E-Verify to verify the work eligibility status of the contractor's newly hired employees.


SOURCE: IC 35-43-5-2; (09)IN1272.1.7. --> SECTION 7. IC 35-43-5-2, AS AMENDED BY P.L.106-2006, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) A person who knowingly or intentionally:
(1) makes or utters a written instrument in such a manner that it purports to have been made:
(A) by another person;
(B) at another time;
(C) with different provisions; or
(D) by authority of one who did not give authority; or
(2) possesses more than one (1) written instrument knowing that the written instruments were made in a manner that they purport to have been made:
(A) by another person;
(B) at another time;
(C) with different provisions; or
(D) by authority of one who did not give authority;
commits counterfeiting, a Class D felony.
(b) A person who knowingly or intentionally makes more than one (1) written instrument in such a manner that the written instrument purports to have been made:
(1) by another person;
(2) at another time;
(3) with different provisions; or
(4) by authority of one who did not give authority;
or who knowingly or intentionally distributes such a written instrument commits making or distributing a forged instrument, a Class B felony.
(b) (c) A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made:
(1) by another person;
(2) at another time;
(3) with different provisions; or
(4) by authority of one who did not give authority;
commits forgery, a Class C felony.
(c) (d) This subsection applies to a person who applies for a driver's license (as defined in IC 9-13-2-48). A person who:
(1) knowingly or intentionally uses a false or fictitious name or gives a false or fictitious address in an application for a driver's
license or for a renewal or a duplicate of a driver's license; or
(2) knowingly or intentionally makes a false statement or conceals a material fact or otherwise commits fraud in an application for a driver's license;
commits application fraud, a Class D felony.
(d) (e) This subsection applies to a person who applies for a state identification card (as issued under IC 9-24-16). A person who:
(1) knowingly or intentionally uses false information in an application for an identification card or for a renewal or duplicate of an identification card; or
(2) knowingly or intentionally makes a false statement or otherwise commits fraud in an application for an identification card;
commits application fraud, a Class D felony.


SOURCE: IC 35-43-5-2.5; (09)IN1272.1.8. --> SECTION 8. IC 35-43-5-2.5, AS ADDED BY P.L.109-2006, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2.5. (a) A person who knowingly or intentionally possesses produces, or distributes a document not issued by a government entity that purports to be a government issued identification commits a Class A misdemeanor.
(b) A person who knowingly or intentionally produces or distributes a document that is not issued by a government entity and that purports to be a government issued identification commits a Class C felony.

SOURCE: ; (09)IN1272.1.9. --> SECTION 9. [EFFECTIVE JULY 1, 2009] IC 9-24-18-7, IC 35-43-5-2(b), and IC 35-43-5-2.5, all as amended by this act, apply only to crimes committed after June 30, 2009.


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