HB 1221-1_ Filed 02/22/2001, 10:54

Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

11

                                                        NO:
1

MR. SPEAKER:

    Your Committee on       Human Affairs     , to which was referred       House Bill 1221     , 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:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 31-37-2-7; (01)CR122101.1. -->     SECTION 1. IC 31-37-2-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. A child commits a delinquent act if, before becoming eighteen (18) years of age, the child commits suspension truancy under IC 31-37-3.5.
SOURCE: IC 31-37-3.5; (01)CR122101.2. -->     SECTION 2. IC 31-37-3.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 3.5. Suspension Truancy
    Sec. 1. This chapter does not apply to a student who is:

         (1) accompanied by the student's parent, guardian, or custodian;
         (2) engaging in lawful employment under adult supervision; or
        (3) responding to an emergency that requires the student to leave the student's residence.
    Sec. 2. A student who:
        (1) has been suspended or expelled from school; and
        (2) leaves the student's residence or property:
            (A) while the student is suspended or expelled; and
            (B) while the school from which the student has been suspended or expelled is in session;
    commits suspension truancy, a class D infraction.
    Sec. 3. (a) A law enforcement officer who observes a student committing suspension truancy shall:
        (1) issue a citation to the student;
        (2) return the student to the student's residence; and
        (3) notify the student's parent, guardian, or custodian as soon as practically possible.
    (b) A law enforcement officer who has observed a violation of this chapter shall forward:
        (1) a copy of the citation; and
        (2) a report of the incident;
to the juvenile probation department of the county.
    Sec. 4. The five thousand dollar ($5,000) cap on damages provided in IC 34-31-4-1 does not apply to the parent or guardian of a student who has committed a violation of this chapter.
    Sec. 5. (a) In addition to the penalty provided in IC 34-28-5-4
, a student who has violated the provisions of this chapter may be required to perform:
        (1) ten (10) hours of community service, for the student's first violation of this chapter; or
        (2) twenty (20) hours of community service, for the student's second violation of this chapter.
    (b) If a student has committed three (3) or more violations under this chapter, the court shall file a report with the county office of family and children to determine whether the student is a child in need of services under IC 31-34-1.

SOURCE: IC 34-31-4-1; (01)CR122101.3. -->     SECTION 3. IC 34-31-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. Except as provided in section 2 of this chapter or in IC 31-37-3.5 , a parent is liable for not more than five thousand dollars ($5,000) in actual damages arising from harm to a person or damage to property knowingly, intentionally, or recklessly caused by the parent's child if:
        (1) the parent has custody of the child; and
        (2) the child is living with the parent.
    (Reference is to HB 1221 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Summers


CR122101/DI 98    2001