2014 Indiana Criminal Code Book - page 265

CRIMINAL LAWAND PROCEDURE
265
(2) A gift or loan of money or other asset
given by a person who receives services
from a health care provider to a member of
the person’s family who:
(A) is employed by a health care
provider; or
(B) owns, wholly or jointly, a health
care provider.
(3) Abequest of personal property or devise
of real property made in an executable will
as described in IC 29-1-5-5 to a health care
provider or an owner, employee or agent of
a health care provider.
(4) The purchase of a security (as defined
in IC 23-19-1-2(28)) that is traded on a
national or regional exchange.
(5) A gift or gratuity, not exceeding five
hundred dollars ($500) in the aggregate
per year per person receiving services from
the health care provider, to an employee of
a health care provider.
(6) Any gift or donation of money or other
asset given to purchase or otherwise a prod-
uct, service, or amenity for the use, enter-
tainment, or enjoyment of persons receiving
services from a health care provider.
35-46-7-3. Unlawful transfer of property to
health care provider.
(a) The following transactions are subject to the
requirements of subsection (b):
(1) A gift, a donation, a loan, or an invest-
ment from a person who receives services
from a health care provider to:
(A) the health care provider; or
(B) the owner, employee, or agent of
the health care provider.
(2) A loan or an investment from a person
who receives services from a health care
provider to the health care provider in the
corporate name of the health care provider.
(b) A transaction under subsection (a) must
be executed by a competent person (including a
person other than the health care provider exer-
cising a durable power of attorney on behalf of the
donor) in writing and witnessed by two (2) dis-
interested parties. Each witness shall sign a doc-
ument that describes the transaction in the presence
of:
(1) the person who makes the transaction;
and
(2) the other witness.
(c) A health care provider, or an owner, an
employee, or an agent of a health care provider,
who:
(1) receives a gift, a donation, a loan, or an
investment from a person who receives
services from a health care provider; and
(2) fails to comply with the requirements
of subsection (b);
commits a Class A infraction. Without regard to
the amount of the transaction, the court that
imposes the penalty for the infraction violation
may, upon the request of the prosecuting attorney,
order the person to return asset or repay money
received in violation of this section, plus interest
from the date of the transaction, to the person
who made the gift, donation, loan, or investment.
In addition, if the court finds that the person
knowingly violated the requirements of subsection
(b), the court may order the person to pay treble
damages and reasonable attorney’s fees.
Chapter 8. Unlawful Recording
35-46-8-1.
Non-application.
35-46-8-2.
“Audiovisual recording device” defined.
35-46-8-3.
“Motion picture exhibition facility” defined.
35-46-8-4.
Unlawful recording.
35-46-8-5.
Disposition of property.
35-46-8-1. Non-application.
This chapter does not apply to a law enforce-
ment officer acting within the scope of the officer’s
employment.
35-46-8-2. “Audiovisual recording device”
defined.
As used in this chapter, “audiovisual record-
ing device” means:
(1) a digital or an analog photographic or
video camera; or
(2) any other technology capable of
enabling the recording or transmission of
a motion picture or other audiovisual work;
regardless of whether audiovisual recording is
the sole or primary purpose of the device.
35-46-8-3. “Motion picture exhibition
facility” defined.
(a) As used in this chapter, “motion picture
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