2012 Indiana Code
TITLE 35. CRIMINAL LAW AND PROCEDURE
ARTICLE 44.2. OFFENSES AGAINST STATE PUBLIC ADMINISTRATION
CHAPTER 1. INTERFERENCE WITH STATE GOVERNMENT
IC 35-44.2ARTICLE 44.2. OFFENSES AGAINST STATE PUBLIC ADMINISTRATION
IC 35-44.2-1
Chapter 1. Interference with State Government
IC 35-44.2-1-1
Retaliation for reporting a violation
Sec. 1. (a) As used in this section, "supervisor" has the meaning set forth in IC 4-15-10-1.
(b) As used in this section, "violation" means:
(1) a violation of a federal law or regulation;
(2) a violation of a state law or rule;
(3) a violation of an ordinance of a political subdivision (as defined in IC 36-1-2-13); or
(4) the misuse of public resources.
(c) A state supervisor who knowingly or intentionally:
(1) dismisses from employment;
(2) withholds a salary increase or employment related benefit of;
(3) transfers or reassigns;
(4) denies a promotion that would have been received by; or
(5) demotes;
a state employee in retaliation for the state employee reporting in writing the existence of a violation commits retaliation for reporting a violation, a Class A misdemeanor.
As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-2
Retaliation for reporting to the inspector general
Sec. 2. (a) As used in this section, "state employee" means:
(1) an employee (as defined in IC 4-2-6-1(a)(8));
(2) a special state appointee (as defined in IC 4-2-6-1(a)(16); or
(3) a state officer (as defined in IC 4-2-6-1(a)(17)).
(b) A state employee who knowingly or intentionally retaliates or threatens to retaliate against another state employee or former state employee for:
(1) filing a complaint with the state ethics commission or the inspector general;
(2) providing information to the state ethics commission or the inspector general; or
(3) testifying at a state ethics commission proceeding;
commits retaliation for reporting to the inspector general, a Class A misdemeanor.
(c) It is a defense to a prosecution under this section that the reporting state employee or former state employee:
(1) did not act in good faith; or
(2) knowingly, intentionally, or recklessly provided false
information or testimony to the state ethics commission or the inspector general.
As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-3
Obstructing the inspector general
Sec. 3. A person who:
(1) knowingly or intentionally induces or attempts to induce, by threat, coercion, suggestion, or false statement, a witness or informant in a state ethics commission proceeding or investigation conducted by the inspector general to do any of the following:
(A) Withhold or unreasonably delay the production of any testimony, information, document, or thing.
(B) Avoid legal process summoning the person to testify or supply evidence.
(C) Fail to appear at a proceeding or investigation to which the person has been summoned.
(D) Make, present, or use a false record, document, or thing with the intent that the record, document, or thing appear in a state ethics commission proceeding or inspector general investigation to mislead a state ethics commissioner or inspector general employee;
(2) alters, damages, or removes a record, document, or thing except as permitted or required by law, with the intent to prevent the record, document, or thing from being produced or used in a state ethics commission proceeding or inspector general investigation; or
(3) makes, presents, or uses a false record, document, or thing with the intent that the record, document, or thing appear in a state ethics commission proceeding or inspector general investigation to mislead a state ethics commissioner or inspector general employee;
commits obstructing the inspector general, a Class A misdemeanor.
As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-4
Obstructing the department of correction ombudsman
Sec. 4. A person who:
(1) intentionally interferes with or prevents the completion of the work of the department of correction ombudsman;
(2) knowingly offers compensation to the department of correction ombudsman in an effort to affect the outcome of an investigation or a potential investigation;
(3) knowingly or intentionally retaliates against an offender or another person who provides information to the department of correction ombudsman; or
(4) makes threats because of an investigation or potential investigation against:
(A) the department of correction ombudsman; (B) a person who has filed a complaint; or
(C) a person who provides information to the department of correction ombudsman;
commits obstructing the department of correction ombudsman, a Class A misdemeanor.
As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-5
Interference with the department of child services ombudsman
Sec. 5. (a) A person who knowingly or intentionally:
(1) interferes with or prevents the completion of the work of a department of child services ombudsman;
(2) offers compensation to a department of child services ombudsman in an effort to affect the outcome of an investigation or a potential investigation;
(3) retaliates against another person who provides information to a department of child services ombudsman; or
(4) threatens a department of child services ombudsman, a person who has filed a complaint, or a person who provides information to a department of child services ombudsman, because of an investigation or potential investigation;
commits interference with the department of child services ombudsman, a Class A misdemeanor.
(b) It is a defense to a prosecution under subsection (a) if the conduct is the expungement of records held by the department of child services that occurs by statutory mandate, judicial order or decree, administrative review or process, automatic operation of the Indiana Child Welfare Information System (ICWIS) computer system or any successor statewide automated child welfare information system, or in the normal course of business.
As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-6
Interfering with the state examiner
Sec. 6. A person who interferes with the state examiner is subject to a civil action for an infraction under IC 5-11-1-10.
As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-7
Refusing to follow the state examiner's directives
Sec. 7. A person who refuses to follow the state examiner's directives is subject to a civil action for an infraction under IC 5-11-1-21.
As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-8
Failure to provide an annual report to the state examiner
Sec. 8. A person who fails to provide an annual report to the state examiner is subject to a civil action for an infraction under IC 5-11-13-3. As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-9
False certification by an agency special deputy
Sec. 9. A state agency's special deputy who makes a false certification of an oath or affirmation is subject to a civil action for an infraction under IC 4-2-4-3.
As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-10
False financial disclosure
Sec. 10. A person who makes a false or deficient financial disclosure statement is subject to a civil action for an infraction under IC 4-2-6-8.
As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-11
Failure to respond to a demand for an accounting
Sec. 11. A person who fails to respond to the attorney general upon a demand of an accounting is subject to a civil action for an infraction under IC 4-6-2-6.
As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-12
Violation of commercial driver training school requirements
Sec. 12. A person who violates commercial driver training school requirements is subject to a civil action for an infraction under IC 5-2-6.5-15.
As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-13
Failure to follow notice publication rules
Sec. 13. A person who fails to follow the publication of notices rules is subject to a civil action for an infraction under IC 5-3-1-9.
As added by P.L.126-2012, SEC.55.
IC 35-44.2-1-14
Failure of a consultant to make a disclosure concerning a public works project
Sec. 14. A consultant who fails to file a disclosure concerning a public works project is subject to a civil action for an infraction under IC 5-16-11-11.
As added by P.L.126-2012, SEC.55.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.