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.