SB 569-1_ Filed 04/09/2001, 16:28

Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

9

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Courts and Criminal Code     , to which was referred       Senate Bill 569     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 3, line 23; (01)CR056902.3. -->     Page 3, line 23, after "Surety" insert " :".
    Page 4, line 27, after "Sec. 6.7." insert " (a)".
    Page 4, line 28, after "bond" insert " ,".
    Page 4, line 29, delete "determines that there is a reasonable" and insert " makes a finding under subdivision (1), (2), (4), or (7) by clear and convincing evidence. If the court makes a finding under subdivisions (1), (2), (4), or (7), the court shall also consider subdivisions (3), (5), (6), (8), and (9) in determining the amount of security, bond, or other guarantee.".
    Page 4, delete lines 30 through 31.
    Page 4, line 32, delete "custody).".
    Page 4, line 33, delete "may" and insert "shall".
    Page 4, line 41, after "party" insert " :
             (A)".
    Page 4, line 41, after "country" delete "and" and insert " ;
             (B)".
    Page 4, line 42, delete "county" and insert " country; and".
    Page 4, line 42, delete "in which".
    Page 5, delete line 1.
    Page 5, between lines 1 and 2, begin a new line double block indented and insert:
            " (C) has indicated or threatened to take a child out of Indiana to the other country.".
    Page 5, between lines 15 and 16, begin a new line blocked left and insert:
" After considering evidence, the court shall issue a written determination of security, bond, or other written guarantee supported by findings of fact and conclusions of law.
    (b) If a motion for change of judge or change of venue is filed, the court may, before a determination of change of judge or change of venue, consider security, bond, or other guarantee under this chapter.
".
    Page 5, line 34, delete ",".
    Page 7, line 32, after "Surety" insert " :".
    Page 10, line 18, after "Surety" insert " :".
    Page 11, line 11, after "Sec. 21.7." insert " (a)".
    Page 11, line 12, after "bond" insert " ,".
    Page 11, line 13, delete "determines that there is a reasonable" and insert " makes a finding under subdivision (1), (2), (4), or (7) by clear and convincing evidence. If the court makes a finding under subdivision (1), (2), (4), or (7), the court shall also consider subdivisions (3), (5), (6), (8), and (9) in determining the amount of security, bond, or other guarantee.".
    Page 11, delete lines 14 through 15.
    Page 11, line 16, delete "custody).".
    Page 11, line 17, delete "may" and insert "shall".
    Page 11, line 25, after "party" insert " :
             (A)".
    Page 11, line 25, after "country" delete "and" and insert " ;
             (B)".
    Page 11, line 26, delete "county" and insert " country; and".
    Page 11, line 26, delete "in which".
    Page 11, delete line 27.
    Page 11, line 27, between lines 27 and 28, begin a new line double block indented and insert:
            " (C) has indicated or threatened to take a child out of

Indiana to the other country.".
    Page 11, line 30, delete "has not" and insert " does not have a".
    Page 11, between lines 41 and 42 begin a new line blocked left and insert:
" After considering evidence, the court shall issue a written determination of security, bond, or other written guarantee supported by findings of fact and conclusions of law.
    (b) If a motion for change of judge or change of venue is filed, the court may, before a determination of change of judge or change of venue, consider security, bond, or other guarantee under this chapter.
".
    Page 12, line 11, delete "IC 31-17-4-2.5." and insert " section 2.5 of this chapter.".
    (Reference is to SB 569 as printed March 2, 2001.)

and when so amended that said bill do pass.

__________________________________

Representative Dvorak


CR056902/DI 106    2001