HB 1806-1_ Filed 02/26/2001, 21:42


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1806 be amended to read as follows:

SOURCE: Page 1, line 1; (01)MO180601.1. -->     Page 1, between the enacting clause and line 1 begin a new paragraph and insert:
SOURCE: IC 35-38-2.5-2; (01)MO180601.1. -->     "SECTION 1. IC  35-38-2.5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. As used in this chapter, "home" means:
         (1) the actual living area of the temporary or permanent residence of an offender ; or
         (2) if the offender's residence is a multi-family dwelling, the unit in which the offender resides, and not the:
            (A) halls or common areas outside the unit where the offender resides; or
             (B) other units, occupied or unoccupied, in the multi-family dwelling.
The term includes a hospital, health care facility, hospice, group home, maternity home, residential treatment facility, and boarding house. The term does not include a public correctional facility or the residence of another person who is not part of the social unit formed by the offender's immediate family.
SOURCE: IC 35-38-2.5-2.3; (01)MO180601.2. -->     SECTION 2. IC 35-38-2.5-2.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2.3. As used in this chapter, "constant supervision" means monitoring a violent offender twenty-four (24) hours each day by means described in section 12(b) of this chapter.".
SOURCE: Page 1, line 9; (01)MO180601.1. -->     Page 1, line 9, delete "Sec" and insert "Sec.".
    Page 1, line 13, after "IC 35-50-1-2(a)" insert " , IC 35-42-2-1, IC 35-42-2-1.3, IC 35-43-1-1, IC 35-44-3-5, IC 35-45-10-5, or IC 35-47-5-1".
    Page 1, line 15, after "IC 35-50-1-2(a)" insert " , IC 35-42-2-1, IC 35-42-2-1.3, IC 35-43-1-1, IC 35-44-3-5, IC 35-45-10-5, or IC 35-47-5-1".
    Page 3, after line 11, begin a new paragraph and insert:
SOURCE: IC 35-38-2.5-13; (01)MO180601.5. -->     "SECTION 5. IC 35-38-2.5-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13. An offender who:
        (1) leaves the offender's home in violation of section 6(1) of this chapter or without documented permission from the supervising entity;
        (2) remains outside the offender's home in violation of section 6(1) of this chapter or without documented permission from the supervising entity; or
        (3) travels to a location not authorized under section 6(1) of this chapter or not authorized in writing by the supervising entity;
commits unauthorized absence from home detention, a Class A misdemeanor.

SOURCE: IC 35-44-3-5; (01)MO180601.6. -->     SECTION 6. IC  35-44-3-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) A person, except as provided in subsection (b), who intentionally flees from lawful detention commits escape, a Class C felony. However, the offense is a Class B felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.
    (b) A person who knowingly or intentionally violates a home detention order and or intentionally removes an electronic monitoring device commits escape, a Class D felony.
    (c) A person who knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period commits failure to return to lawful detention, a Class D felony. However, the offense is a Class C felony if, while committing
it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1806 as printed February 22, 2001.)         

________________________________________

Representative Mellinger


MO180601/DI 105     2001