CRIMINAL LAWAND PROCEDURE
360
and index the order in the circuit court judgment
docket in the manner prescribed by IC 33-32-3-
2. The clerk shall also notify the department of
insurance of an order of restitution under sub-
section (i).
(e) An order of restitution under subsection (a),
(i), (j), (l), or (m) does not bar a civil action for:
(1) damages that the court did not require
the person to pay to the victim under the
restitution order but arise from an injury or
property damage that is the basis of resti-
tution ordered by the court; and
(2) other damages suffered by the victim.
(f) Regardless of whether restitution is
required under subsection (a) as a condition of pro-
bation or other sentence, the restitution order is not
discharged by the completion of any probationary
period or other sentence imposed for a felony or
misdemeanor.
(g) Arestitution order under subsection (a), (i),
(j), (l), or (m) is not discharged by the liquidation
of a person’s estate by a receiver under IC 32-30-
5 (or IC 34-48-1, IC 34-38-4, IC 34-38-5, IC 34-
48-6, IC 34-1-12, or IC 34-2-7 before their repeal).
(h) The attorney general may pursue restitu-
tion ordered by the court under subsections (a) and
(c) on behalf of the victim services division of the
Indiana criminal justice institute established under
IC 5-2-6-8.
(i) The court may order the person convicted
of an offense under IC 35-43-9 to make restitution
to the victim of the crime. The court shall base its
restitution order upon a consideration of the
amount of money that the convicted person con-
verted, misappropriated, or received, or for which
the convicted person conspired. The restitution
order issued for a violation of IC 35-43-9 must
comply with subsections (b), (d), (e), and (g) and
is not discharged by the completion of any pro-
bationary period or other sentence imposed for a
violation of IC 35-43-9.
(j) The court may order the person convicted
of an offense under IC 35-43-5-3.5 to make resti-
tution to the victim of the crime, the victim’s
estate, or the family of a victim who is deceased.
The court shall base its restitution order upon a
consideration of the amount of fraud or harm
caused by the convicted person and any reason-
able expenses (including lost wages) incurred by
the victim in correcting the victim’s credit report
and addressing any other issues caused by the
commission of the offense under IC 35-43-5-3.5.
If, after a person is sentenced for an offense under
IC 35-43-5-3.5, a victim, a victim’s estate, or the
family of a victim discovers or incurs additional
expenses that result from the convicted person’s
commission of the offense under IC 35-43-5-3.5,
the court may issue one (1) or more restitution
orders to require the convicted person to make
restitution, even if the court issued a restitution
order at the time of sentencing. For purposes of
entering a restitution order after sentencing, a
court has continuing jurisdiction over a person con-
victed of an offense under IC 35-43-5-3.5 for five
(5) years after the date of sentencing. Each resti-
tution order issued for a violation of IC 35-43-5-
3.5 must comply with subsections (b), (d), (e), and
(g), and is not discharged by the completion of any
probationary period or other sentence imposed
for an offense under IC 35-43-5-3.5.
(k) The court shall order a person convicted of
an offense under IC 35-42-3.5 to make restitution
to the victim of the crime in an amount equal to
the greater of the following:
(1) The gross income or value to the per-
son of the victim’s labor or services.
(2) The value of the victim’s labor as guar-
anteed under the minimum wage and over-
time provisions of:
(A)the federal Fair Labor Standards
Act of 1938, as amended (29 U.S.C.
201-209); or
(B)IC 22-2-2 (Minimum Wage);
whichever is greater.
(l) The court shall order a person who:
(1) is convicted of dealing in metham-
phetamine under IC 35-48-4-1.1; and
(2) manufactured the methamphetamine
on property owned by another person,
without the consent of the property owner;
to pay liquidated damages to the property owner
in the amount of ten thousand dollars ($10,000)
or to pay actual damages to the property owner,
including lost rent and the costs of decontamina-
tion by an inspector approved under IC 13-14-1-
15.
