Sec. 35. (a) In addition to:
(1) a:
(A) sentence imposed under this chapter for a felony or misdemeanor; or
(B) judgment imposed under this chapter for an infraction; and
(2) an order for restitution to a victim;
a court may order an individual to make restitution to the archeology preservation trust fund established under section 34 of this chapter for the division's costs incurred because of the offense committed by the individual.
(b) In ordering restitution under this section, the court shall consider the following:
(1) The schedule of costs submitted to the court by the division.
(2) The cost to the property owner to restore or repair the damaged area of an archeological site or burial ground and place the property in the property's original condition as nearly as practicable.
(3) The amount of restitution that the individual is or will be able to pay.
(c) The court shall immediately forward to the division a copy of an order for restitution made under this section.
As added by P.L.26-2008, SEC.15.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 21. Historic Preservation and Archeology
Chapter 1. Division of Historic Preservation and Archeology
14-21-1-1. Applicability of Chapter
14-21-1-3. "Burial Ground" Defined
14-21-1-4. "Burial Object" Defined
14-21-1-7. "Human Remains" Defined
14-21-1-8. "Plan", "Archeological Plan", and "Development Plan" Defined
14-21-1-10. "Review Board" Defined
14-21-1-10.4. "State College or University Project" Defined
14-21-1-11. Administration and Development of Programs and Policies
14-21-1-12. Duties of Division
14-21-1-13. Powers of Division
14-21-1-13.5. Survey and Registry of Indiana Burial Grounds
14-21-1-14. Duties Upon Proposed Transfers of Property by the State
14-21-1-15. Duties Regarding Registers and Federal Preservation Grants
14-21-1-16. Field Investigations or Alteration of Historic Property Without Permit
14-21-1-17. Additions to or Removals From Register
14-21-1-18.6. Publication and Submission of Proposed Substantial Changes to Historic Properties
14-21-1-19. Director as State Historic Preservation Officer
14-21-1-20. Review Board; Establishment; Members
14-21-1-21. Review Board; Chairman
14-21-1-22. Review Board; Duties
14-21-1-23. Review Board; per Diem Compensation and Traveling Expenses
14-21-1-24. Applicability of Statutes Regarding Disturbance of Grounds
14-21-1-25. Rules Concerning Standards for Plans; Action on Submitted Plans
14-21-1-25.5. Notice of Discovered Burial Ground; Recommendations
14-21-1-26. Disturbing Ground to Discover Artifacts, Burial Objects, or Human Remains; Penalty
14-21-1-26.5. Development Plan Requirements; Penalty
14-21-1-27. Duties When Buried Human Remains or Burial Grounds Are Disturbed; Penalty
14-21-1-28. Penalty for Disturbing Human Remains or Grave Markers
14-21-1-29. Duty Upon Discovering Artifacts or Burial Objects; Penalty
14-21-1-30. Amateur Groups Encouraged to Establish Codes of Ethics
14-21-1-32. Confidential Archeological Site Information
14-21-1-33. Persons Authorized to Accompany Conservation Officers to Determine Violations
14-21-1-34. Homeowner Assistance Program; Archeology Preservation Trust Fund