Indiana Statutes § 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
Statute 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).
History
Amended by P.L. 233 - 2015 , SEC. 3 , eff. 7/1/2015 .
Amended by P.L. 109 - 2015 , SEC. 2 , eff. 5/4/2015 .
As added by P.L. 164 - 2006 , SEC. 134 .
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