February 9, 2001
HOUSE BILL No. 1855
DIGEST OF HB 1855
(Updated February 8, 2001 1:07 PM - DI 105)
Citations Affected: IC 31-30; IC 35-42.
Synopsis: Murder and reckless homicide. Provides that a person who
kills another human being while committing or attempting to commit
felony battery upon a child less than 2 years of age commits felony
murder. Enhances the penalty for reckless homicide from a Class C
felony to a Class B felony if the reckless conduct involves shaking a
child less than 2 years of age.
Effective: July 1, 2001.
January 17, 2001, read first time and referred to Committee on Courts and Criminal Code.
February 8, 2001, amended, reported _ Do Pass.
February 9, 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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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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 31-30-3-5; (01)HB1855.1.1. -->
SECTION 1. IC 31-30-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. Except for those
cases in which the juvenile court has no jurisdiction in accordance with
IC 31-30-1-4, the court shall, upon motion of the prosecuting attorney
and after full investigation and hearing, waive jurisdiction if it finds
(1) the child is charged with an act that, if committed by an adult,
(A) a Class A or Class B felony, except a felony defined by
(B) involuntary manslaughter as a Class C felony under
IC 35-42-1-4; or
(C) reckless homicide as a Class B or
Class C felony under
(2) there is probable cause to believe that the child has committed
the act; and
(3) the child was at least sixteen (16) years of age when the act
charged was allegedly committed;
unless it would be in the best interests of the child and of the safety and
welfare of the community for the child to remain within the juvenile
SOURCE: IC 35-42-1-1; (01)HB1855.1.2. -->
SECTION 2. IC 35-42-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. A person who:
(1) knowingly or intentionally kills another human being;
(2) kills another human being while committing or attempting to
(B) felony battery under IC 35-42-2-1(a)(2),
IC 35-42-2-1(a)(3), or IC 35-42-2-1(a)(4), or aggravated
battery under IC 35-42-2-1.5 against a child less than two
(2) years of age;
(D) child molesting;
(E) consumer product tampering;
(F) criminal deviate conduct;
(I) robbery; or
(3) kills another human being while committing or attempting to
(A) dealing in cocaine or a narcotic drug (IC 35-48-4-1);
(B) dealing in a schedule I, II, or III controlled substance
(C) dealing in a schedule IV controlled substance
(IC 35-48-4-3); or
(D) dealing in a schedule V controlled substance; or
(4) knowingly or intentionally kills a fetus that has attained
viability (as defined in IC 16-18-2-365);
commits murder, a felony.
SOURCE: IC 35-42-1-5; (01)HB1855.1.3. -->
SECTION 3. IC 35-42-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a)
A person who
recklessly kills another human being commits reckless homicide, a
Class C felony.
(b) A person who recklessly kills a child less than two (2) years
of age by angry and vigorous shaking commits reckless homicide,
a Class B felony.