March 23, 2001
ENGROSSED
HOUSE BILL No. 1855
_____
DIGEST OF HB 1855
(Updated March 21, 2001 6:21 PM - DI 106)
Citations Affected: IC 35-42; IC 35-47; IC 35-50.
Synopsis: Battery against children. Enhances the penalty for battery to
a Class A felony when it results in death and is committed by a person
at least 18 years of age against a person who is less than 14 years of
age. Provides that consent to adoption is not required if the parent is
incarcerated for battery as a Class A felony or Class B felony. Provides
that if a parent, guardian, or custodian of a child has a conviction for
Class A felony battery that the court in a child in need of services
proceeding is not required to make reasonable efforts to reunify the
child with family. Allows a warrantless arrest if a law enforcement
officer has probable cause to believe a person committed a Class A
felony battery. Includes a Class A felony battery as a serious violent
felony, and adds a provision that states that a conviction for a Class A
felony battery allows the court to suspend only that part of the sentence
that exceeds the minimum.
Effective: July 1, 2001.
Burton
, Dvorak
, Mellinger
, Ayres
(SENATE SPONSORS _ WYSS, ALEXA)
January 17, 2001, read first time and referred to Committee on Courts and Criminal Code.
February 8, 2001, amended, reported _ Do Pass.
February 12, 2001, read second time, ordered engrossed. Engrossed.
February 14, 2001, read third time, passed. Yeas 91, nays 0.
SENATE ACTION
February 27, 2001, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
March 22, 2001, amended, reported favorably _ Do Pass.
March 23, 2001
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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ENGROSSED
HOUSE BILL No. 1855
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 31-19-9-10; (01)EH1855.1.1. -->
SECTION 1.
IC 31-19-9-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. A court shall
determine that consent to adoption is not required from a parent if:
(1) the parent is convicted of and incarcerated at the time of the
filing of a petition for adoption for:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) rape (IC 35-42-4-1);
(E) criminal deviate conduct (IC 35-42-4-2);
(F) child molesting as a Class A or Class B felony
(IC 35-42-4-3);
(G) incest as a Class B felony (IC 35-46-1-3);
(H) neglect of a dependent as a Class B felony (IC 35-46-1-4);
(I) battery of a child as a Class C felony (IC 35-42-2-1(a)(3));
or
(J)
battery as a Class A felony (IC 35-42-2-1(a)(5)) or Class
B felony (IC 35-42-2-1(a)(4)); or
(K) an attempt under
IC 35-41-5-1
to commit an offense
described in clauses (A) through (I); (J);
(2) the child or the child's sibling, half-blood sibling, or
step-sibling of the parent's current marriage is the victim of the
offense; and
(3) after notice to the parent and a hearing, the court determines
that dispensing with the parent's consent to adoption is in the
child's best interests.
SOURCE: IC 31-34-21-5.6; (01)EH1855.1.2. -->
SECTION 2.
IC 31-34-21-5.6
, AS AMENDED BY P.L.133-2000,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 5.6. (a) A court may make a finding described in
this section at any phase of a child in need of services proceeding.
(b) Reasonable efforts to reunify a child with the child's parent,
guardian, or custodian or preserve a child's family as described in
section 5.5 of this chapter are not required if the court finds any of the
following:
(1) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
(A) an offense described in
IC 31-35-3-4
(1)(B) or
IC 31-35-3-4
(1)(D) through
IC 31-35-3-4
(1)(J) against a
victim who is:
(i) a child described in
IC 31-35-3-4
(2); or
(ii) a parent of the child; or
(B) a comparable offense as described in clause (A) in any
other state, territory, or country by a court of competent
jurisdiction.
(2) A parent, guardian, or custodian of a child who is a child in
need of services:
(A) has been convicted of:
(i) the murder (IC 35-42-1-1) or voluntary manslaughter
(IC 35-42-1-3) of a victim who is a child described in
IC 31-35-3-4
(2)(B) or a parent of the child; or
(ii) a comparable offense described in item (i) in any other
state, territory, or country; or
(B) has been convicted of:
(i) aiding, inducing, or causing another person;
(ii) attempting; or
(iii) conspiring with another person;
to commit an offense described in clause (A).
(3) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
(A) battery (IC 35-42-2-1(a)(5)) as a Class A felony;
(B) battery (IC 35-42-2-1 (a)(4)) as a Class B felony;
(B) (C) battery (IC 35-42-2-1(a)(3)) as a Class C felony;
(C) (D) aggravated battery (IC 35-42-2-1.5);
(D) (E) criminal recklessness (IC 35-42-2-2(c)) as a Class C
felony;
(E) (F) neglect of a dependent (IC 35-46-1-4) as a Class B
felony; or
(F) (G) a comparable offense described in clauses (A) through
(E) (F) in another state, territory, or country;
against a child described in
IC 31-35-3-4
(2)(B).
(4) The parental rights of a parent with respect to a biological or
adoptive sibling of a child who is a child in need of services have
been involuntarily terminated by a court under:
(A)
IC 31-35-2
(involuntary termination involving a
delinquent child or a child in need of services);
(B)
IC 31-35-3
(involuntary termination involving an
individual convicted of a criminal offense); or
(C) any comparable law described in clause (A) or (B) in any
other state, territory, or country.
(5) The child is an abandoned infant, provided that the court:
(A) has appointed a guardian ad litem or court appointed
special advocate for the child; and
(B) after receiving a written report and recommendation from
the guardian ad litem or court appointed special advocate, and
after a hearing, finds that reasonable efforts to locate the
child's parents or reunify the child's family would not be in the
best interests of the child. However, there is a rebuttable
presumption that it is not in the best interests of the child to
locate the child's parent or reunify the child's family if the
child was left with an emergency medical services provider
who took custody of the child under
IC 31-34-2.5.
SOURCE: IC 35-33-1-1; (01)EH1855.1.3. -->
SECTION 3.
IC 35-33-1-1
, AS AMENDED BY P.L.47-2000,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 1. (a) A law enforcement officer may arrest a
person when the officer has:
(1) a warrant commanding that the person be arrested;
(2) probable cause to believe the person has committed or
attempted to commit, or is committing or attempting to commit,
a felony;
(3) probable cause to believe the person has violated the
provisions of IC 9-26-1-1(1),
IC 9-26-1-1
(2),
IC 9-26-1-2
(1),
IC 9-26-1-2
(2),
IC 9-26-1-3
,
IC 9-26-1-4
, or IC 9-30-5;
(4) probable cause to believe the person is committing or
attempting to commit a misdemeanor in the officer's presence;
(5) probable cause to believe the person has committed a:
(A) battery resulting in death under
IC 35-42-2-1
(a)(5);
(B) battery resulting in bodily injury under
IC 35-42-2-1
; or
(C) domestic battery under
IC 35-42-2-1.3.
The officer may use an affidavit executed by an individual alleged
to have direct knowledge of the incident alleging the elements of
the offense of battery to establish probable cause;
(6) probable cause to believe that the person violated
IC 35-46-1-15.1
(invasion of privacy);
(7) probable cause to believe that the person has committed
stalking (IC 35-45-10);
(8) probable cause to believe that the person violated
IC 35-47-2-1
(carrying a handgun without a license) or
IC 35-47-2-22
(counterfeit handgun license); or
(9) probable cause to believe that the person is violating or has
violated an order issued under
IC 35-50-7.
(b) A person who:
(1) is employed full time as a federal enforcement officer;
(2) is empowered to effect an arrest with or without warrant for a
violation of the United States Code; and
(3) is authorized to carry firearms in the performance of the
person's duties;
may act as an officer for the arrest of offenders against the laws of this
state where the person reasonably believes that a felony has been or is
about to be committed or attempted in the person's presence.
SOURCE: IC 35-42-2-1; (01)EH1855.1.4. -->
SECTION 4. IC 35-42-2-1, AS AMENDED BY P.L.43-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 1. (a) A person who knowingly or intentionally
touches another person in a rude, insolent, or angry manner commits
battery, a Class B misdemeanor. However, the offense is:
(1) a Class A misdemeanor if:
(A) it results in bodily injury to any other person;
(B) it is committed against a law enforcement officer or
against a person summoned and directed by the officer while
the officer is engaged in the execution of his official duty;
(C) it is committed against an employee of a penal facility or
a juvenile detention facility (as defined in IC 31-9-2-71) while
the employee is engaged in the execution of the employee's
official duty; or
(D) it is committed against a firefighter (as defined in
IC 9-18-34-1) while the firefighter is engaged in the execution
of the firefighter's official duty;
(2) a Class D felony if it results in bodily injury to:
(A) a law enforcement officer or a person summoned and
directed by a law enforcement officer while the officer is
engaged in the execution of his official duty;
(B) a person less than fourteen (14) years of age and is
committed by a person at least eighteen (18) years of age;
(C) a person of any age who is mentally or physically disabled
and is committed by a person having the care of the mentally
or physically disabled person, whether the care is assumed
voluntarily or because of a legal obligation;
(D) the other person and the person who commits the battery
was previously convicted of a battery in which the victim was
the other person;
(E) an endangered adult (as defined by IC 35-46-1-1);
(F) an employee of the department of correction while the
employee is engaged in the execution of the employee's
official duty;
(G) an employee of a school corporation while the employee
is engaged in the execution of the employee's official duty;
(H) a correctional professional while the correctional
professional is engaged in the execution of the correctional
professional's official duty;
(I) a person who is a health care provider (as defined in
IC 16-18-2-163) while the health care provider is engaged in
the execution of the health care provider's official duty;
(J) an employee of a penal facility or a juvenile detention
facility (as defined in IC 31-9-2-71) while the employee is
engaged in the execution of the employee's official duty; or
(K) a firefighter (as defined in IC 9-18-34-1) while the
firefighter is engaged in the execution of the firefighter's
official duty;
(3) a Class C felony if it results in serious bodily injury to any
other person or if it is committed by means of a deadly weapon;
and
(4) a Class B felony if it results in serious bodily injury to a
person less than fourteen (14) years of age and is committed by a
person at least eighteen (18) years of age;
and
(5) a Class A felony if it results in the death of a person less
than fourteen (14) years of age and is committed by a person
at least eighteen (18) years of age.
(b) For purposes of this section:
(1) "law enforcement officer" includes an alcoholic beverage
enforcement officer; and
(2) "correctional professional" means a:
(A) probation officer;
(B) parole officer;
(C) community corrections worker; or
(D) home detention officer.
SOURCE: IC 35-47-4-5; (01)EH1855.1.5. -->
SECTION 5. IC 35-47-4-5, AS AMENDED BY P.L.14-2000,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 5. (a) As used in this section, "serious violent
felon" means a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially similar
to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious
violent felony in:
(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2;
or
(B) any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially similar
to the elements of attempting to commit or conspiring to
commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle
(IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony
(IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony
(IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C
felony (IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(19) trafficking with an inmate as a Class C felony
(IC 35-44-3-9);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony
(IC 35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in cocaine or a narcotic drug (IC 35-48-4-1);
(24) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2);
(25) dealing in a schedule IV controlled substance (IC 35-48-4-3);
or
(26) dealing in a schedule V controlled substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or intentionally possesses
a firearm commits unlawful possession of a firearm by a serious violent
felon, a Class B felony.
SOURCE: IC 35-50-2-2; (01)EH1855.1.6. -->
SECTION 6. IC 35-50-2-2, AS AMENDED BY P.L.188-1999,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 2. (a) The court may suspend any part of a
sentence for a felony, except as provided in this section or in section
2.1 of this chapter.
(b) With respect to the following crimes listed in this subsection, the
court may suspend only that part of the sentence that is in excess of the
minimum sentence:
(1) The crime committed was a Class A or Class B felony and the
person has a prior unrelated felony conviction.
(2) The crime committed was a Class C felony and less than seven
(7) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class C felony for which the person is
being sentenced.
(3) The crime committed was a Class D felony and less than three
(3) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class D felony for which the person is
being sentenced. However, the court may suspend the minimum
sentence for the crime only if the court orders home detention
under IC 35-38-1-21 or IC 35-38-2.5-5 instead of the minimum
sentence specified for the crime under this chapter.
(4) The felony committed was:
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon or battery
causing death;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A
felony;
(H) child molesting (IC 35-42-4-3) as a Class A or Class B
felony;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or
with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily
injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury
or with a deadly weapon;
(L) resisting law enforcement (IC 35-44-3-3) with a deadly
weapon;
(M) escape (IC 35-44-3-5) with a deadly weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine or a narcotic drug (IC 35-48-4-1) as a
Class A felony;
(P) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2) if the amount of controlled substance involved
has an aggregate weight of three (3) grams or more;
(Q) an offense under IC 9-30-5 (operating a vehicle while
intoxicated) and the person who committed the offense has
accumulated at least two (2) prior unrelated convictions under
IC 9-30-5; or
(R) aggravated battery (IC 35-42-2-1.5).
(c) Except as provided in subsection (e), whenever the court
suspends a sentence for a felony, it shall place the person on probation
under IC 35-38-2 for a fixed period to end not later than the date that
the maximum sentence that may be imposed for the felony will expire.
(d) The minimum sentence for a person convicted of voluntary
manslaughter may not be suspended unless the court finds at the
sentencing hearing that the crime was not committed by means of a
deadly weapon.
(e) Whenever the court suspends that part of an offender's (as
defined in IC 5-2-12-4) sentence that is suspendible under subsection
(b), the court shall place the offender on probation under IC 35-38-2 for
not more than ten (10) years.
(f) An additional term of imprisonment imposed under
IC 35-50-2-11 may not be suspended.
(g) A term of imprisonment imposed under IC 35-47-10-6 or
IC 35-47-10-7 may not be suspended if the commission of the offense
was knowing or intentional.
(h) A term of imprisonment imposed for an offense under
IC 35-48-4-6(b)(1)(B) may not be suspended.