HB 1221-1_ Filed 02/22/2001, 10:54
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. -->
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
SOURCE: IC 31-37-3.5; (01)CR122101.2. -->
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
(2) engaging in lawful employment under adult supervision;
(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
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
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
SOURCE: IC 34-31-4-1; (01)CR122101.3. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. Except as provided
in section 2 of this chapter or in
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.
CR122101/DI 98 2001