Indiana Code 20-28-5-8. License revocation for a person convicted of certain offenses
(1) The secretary of education.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 2 felony | between 10 and 30 years | up to $10,000 |
| Level 3 felony | between 3 and 16 years | up to $10,000 |
| Level 4 felony | between 2 and 12 years | up to $10,000 |
| Level 5 felony | between 1 and 6 years | up to $10,000 |
Terms Used In Indiana Code 20-28-5-8
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
(3) The presiding officer of the governing body of the school corporation that employs the licensed employee, if the convicted licensed employee is the superintendent of the school corporation.
(b) The superintendent of a school corporation, presiding officer of the governing body, or equivalent authority for a nonpublic school shall immediately notify the secretary of education when the individual knows that a current or former licensed employee of the public school or nonpublic school has been convicted of an offense listed in subsection (c), or when the governing body or equivalent authority for a nonpublic school takes any final action in relation to an employee who engaged in any offense listed in subsection (c).
(c) Except as provided in section 8.5 of this chapter, the department shall permanently revoke the license of a person who is known by the department to have been convicted of any of the following:
(1) The following felonies:
(A) A sex crime under IC 35-42-4 (including criminal deviate conduct (IC 35-42-4-2) (before its repeal)).
(B) Kidnapping (IC 35-42-3-2).
(C) Criminal confinement (IC 35-42-3-3).
(D) Incest (IC 35-46-1-3).
(E) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
(F) Dealing in methamphetamine (IC 35-48-4-1.1).
(G) Manufacturing methamphetamine (IC 35-48-4-1.2).
(H) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(I) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(J) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(K) Dealing in a counterfeit substance (IC 35-48-4-5).
(L) Dealing in marijuana, hash oil, hashish, or salvia as a felony (IC 35-48-4-10).
(M) An offense under IC 35-48-4 involving the manufacture or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled substance analog (as defined in IC 35-48-1-9.3), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6).
(N) Homicide (IC 35-42-1).
(O) Voluntary manslaughter (IC 35-42-1-3).
(P) Reckless homicide (IC 35-42-1-5).
(Q) Battery as any of the following:
(i) A Class A felony (for a crime committed before July 1, 2014) or a Level 2 felony (for a crime committed after June 30, 2014).
(ii) A Class B felony (for a crime committed before July 1, 2014) or a Level 3 felony (for a crime committed after June 30, 2014).
(iii) A Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014).
(R) Aggravated battery (IC 35-42-2-1.5).
(S) Robbery (IC 35-42-5-1).
(T) Carjacking (IC 35-42-5-2) (before its repeal).
(U) Arson as a Class A felony or Class B felony (for a crime committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014) (IC 35-43-1-1(a)).
(V) Burglary as a Class A felony or Class B felony (for a crime committed before July 1, 2014) or as a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014) (IC 35-43-2-1).
(W) Human trafficking (IC 35-42-3.5).
(X) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).
(Y) Attempt under IC 35-41-5-1 to commit an offense listed in this subsection.
(Z) Conspiracy under IC 35-41-5-2 to commit an offense listed in this subsection.
(2) Public indecency (IC 35-45-4-1) committed:
(A) after June 30, 2003; or
(B) before July 1, 2003, if the person committed the offense by, in a public place:
(i) engaging in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5);
(ii) appearing in a state of nudity with the intent to arouse the sexual desires of the person or another person, or being at least eighteen (18) years of age, with the intent to be seen by a child less than sixteen (16) years of age; or
(iii) fondling the person’s genitals or the genitals of another person.
(d) The department shall permanently revoke the license of a person who is known by the department to have been convicted of a federal offense or an offense in another state that is comparable to a felony or misdemeanor listed in subsection (c).
(e) A license may be suspended by the secretary of education as specified in IC 20-28-7.5.
(f) The department shall develop a data base of information on school corporation employees who have been reported to the department under this section.
(g) Upon receipt of information from the office of judicial administration in accordance with IC 33-24-6-3 concerning persons convicted of an offense listed in subsection (c), the department shall:
(1) cross check the information received from the office of judicial administration with information concerning licensed teachers (as defined in IC 20-18-2-22(b)) maintained by the department; and
(2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been convicted of an offense described in subsection (c), revoke the licensed teacher’s license.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-3-7(b), (c), (d), (e).]
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.159; P.L.151-2006, SEC.8; P.L.121-2009, SEC.10; P.L.90-2011, SEC.24; P.L.138-2011, SEC.4; P.L.182-2011, SEC.4; P.L.155-2011, SEC.4; P.L.78-2012, SEC.5; P.L.196-2013, SEC.6; P.L.158-2013, SEC.250; P.L.214-2013, SEC.20; P.L.168-2014, SEC.32; P.L.238-2015, SEC.4; P.L.13-2016, SEC.6; P.L.185-2017, SEC.4; P.L.252-2017, SEC.2; P.L.198-2018, SEC.2; P.L.161-2018, SEC.34; P.L.80-2019, SEC.6; P.L.43-2021, SEC.88; P.L.174-2021, SEC.19; P.L.125-2022, SEC.7.