YES:
MR. SPEAKER:
Your Committee on Courts and Criminal Code , to which was referred House Bill
1942 , 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:
(18) years of age.
(B) Criminal deviate conduct (IC 35-42-4-2), if the victim is
less than eighteen (18) years of age.
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Possession of child pornography (IC 35-42-4-4(c)).
(F) Vicarious sexual gratification (IC 35-42-4-5).
(G) Child solicitation (IC 35-42-4-6).
(H) Child seduction (IC 35-42-4-7).
(I) Sexual misconduct with a minor (IC 35-42-4-9).
(J) Incest (IC 35-46-1-3), if the victim is less than eighteen
(18) years of age.
However, limited criminal history information obtained from the
National Crime Information Center may not be released under this
section except to the extent permitted by the Attorney General of the
United States.
(b) A law enforcement agency shall allow inspection of a limited
criminal history by and release a limited criminal history to the
following noncriminal justice organizations:
(1) Federally chartered or insured banking institutions.
(2) Officials of state and local government for the purpose of
employment and licensing.
(3) Segments of the securities industry identified under 15 U.S.C.
78q(f)(2).
(c) Any person who uses limited criminal history for any purpose
not specified under this section commits a Class A misdemeanor.
Indefinite Contract by School Corporation.Grounds. (a) An indefinite
contract with a permanent teacher may be canceled in the manner
specified in section 11 of this chapter for only the following grounds:
(1) immorality;
(2) insubordination, which means a willful refusal to obey the
state school laws or reasonable rules prescribed for the
government of the school corporation;
(3) neglect of duty;
(4) incompetency;
(5) justifiable decrease in the number of teaching positions;
(6) a conviction for:
(A) rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age;
(B) criminal deviate conduct (IC 35-42-4-2), if the victim is
less than eighteen (18) years of age;
(C) child molesting (IC 35-42-4-3);
(D) child exploitation (IC 35-42-4-4(b));
(E) vicarious sexual gratification (IC 35-42-4-5);
(F) child solicitation (IC 35-42-4-6);
(G) child seduction (IC 35-42-4-7); or
(H) sexual misconduct with a minor (IC 35-42-4-9); or
(I) incest (IC 35-46-1-3), if the victim is less than eighteen
(18) years of age; or
(7) other good and just cause.
When the cause of cancellation is ground (1), (2), or (6), the
cancellation is effective immediately. When the cause of cancellation
is ground (3), (4), (5), or (7), the cancellation is effective at the end of
the school term following the cancellation.
(b) An indefinite contract may not be canceled for political or
personal reasons.
shelter care facility.
(d) As used in this section, "custodian" means any person who
resides with a child and is responsible for the child's welfare.
(e) As used in this section, "stepparent" means an individual who is
married to a child's custodial or noncustodial parent and is not the
child's adoptive parent.
(f) If a person who is:
(1) at least eighteen (18) years of age; and
(2) the:
(A) guardian, adoptive parent, adoptive grandparent,
custodian, or stepparent of; or
(B) child care worker for;
a child at least sixteen (16) years of age but less than eighteen
(18) years of age;
engages in sexual intercourse or deviate sexual conduct (as defined in
IC 35-41-1-9) with the child, the person commits child seduction, a
Class D felony.
offenses or a connected series of offenses that are closely related in
time, place, and circumstance.
(c) Except as provided in subsection (d) or (e), the court shall
determine whether terms of imprisonment shall be served concurrently
or consecutively. The court may consider the aggravating and
mitigating circumstances in IC 35-38-1-7.1(b) and IC 35-38-1-7.1(c)
in making a determination under this subsection. The court may order
terms of imprisonment to be served consecutively even if the sentences
are not imposed at the same time. However, except for crimes of
violence, the total of the consecutive terms of imprisonment, exclusive
of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10, to
which the defendant is sentenced for felony convictions arising out of
an episode of criminal conduct shall not exceed the presumptive
sentence for a felony which is one (1) class of felony higher than the
most serious of the felonies for which the person has been convicted.
(d) If, after being arrested for one (1) crime, a person commits
another crime:
(1) before the date the person is discharged from probation,
parole, or a term of imprisonment imposed for the first crime; or
(2) while the person is released:
(A) upon the person's own recognizance; or
(B) on bond;
the terms of imprisonment for the crimes shall be served consecutively,
regardless of the order in which the crimes are tried and sentences are
imposed.
(e) If a court determines under IC 35-50-2-11 that a person used a
firearm in the commission of the offense for which the person was
and when so amended that said bill do pass.