Citations Affected:
IC 31-19-9-10
;
IC 31-34-21-5.6
;
IC 35-33-1-1
;
IC 35-42-2-1
;
IC 35-47-4-5
;
IC 35-50-2-2
Synopsis: Battery against children. Enhances the penalty for battery
to a Class A felony when it results in death and is committed by a
person at least 18 years of age against a person who is less than 14
years of age. Provides that consent to adoption is not required if the
parent is incarcerated for battery as a Class A felony or Class B felony.
Provides that if a parent, guardian, or custodian of a child has a
conviction for Class A felony battery that the court in a child in need
of services proceeding is not required to make reasonable efforts to
reunify the child with family. Allows a warrantless arrest if a law
enforcement officer has probable cause to believe a person committed
a Class A felony battery. Includes a Class A felony battery as a serious
violent felony, and adds a provision that states that a conviction for a
Class A felony battery allows the court to suspend only that part of the
sentence that exceeds the minimum.
Effective: July 1, 2001.
January 8, 2001, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1.
IC 31-19-9-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. A court shall
determine that consent to adoption is not required from a parent if:
(1) the parent is convicted of and incarcerated at the time of the
filing of a petition for adoption for:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) rape (IC 35-42-4-1);
(E) criminal deviate conduct (IC 35-42-4-2);
(F) child molesting as a Class A or Class B felony
(IC 35-42-4-3);
(G) incest as a Class B felony (IC 35-46-1-3);
(H) neglect of a dependent as a Class B felony (IC 35-46-1-4);
(I) battery of a child as a Class C felony (IC 35-42-2-1(a)(3));
or
(J) battery as a Class A felony (IC 35-42-2-1(a)(5)) or Class
B felony (IC 35-42-2-1(a)(4)); or
(K) an attempt under
IC 35-41-5-1
to commit an offense
described in clauses (A) through (I) (J);
(2) the child or the child's sibling, half-blood sibling, or
step-sibling of the parent's current marriage is the victim of the
offense; and
(3) after notice to the parent and a hearing, the court determines
that dispensing with the parent's consent to adoption is in the
child's best interests.
SECTION 2.
IC 31-34-21-5.6
, AS AMENDED BY P.L.133-2000,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 5.6. (a) A court may make a finding described in
this section at any phase of a child in need of services proceeding.
(b) Reasonable efforts to reunify a child with the child's parent,
guardian, or custodian or preserve a child's family as described in
section 5.5 of this chapter are not required if the court finds any of the
following:
(1) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
(A) an offense described in
IC 31-35-3-4
(1)(B) or
IC 31-35-3-4
(1)(D) through
IC 31-35-3-4
(1)(J) against a
victim who is:
(i) a child described in
IC 31-35-3-4
(2); or
(ii) a parent of the child; or
(B) a comparable offense as described in clause (A) in any
other state, territory, or country by a court of competent
jurisdiction.
(2) A parent, guardian, or custodian of a child who is a child in
need of services:
(A) has been convicted of:
(i) the murder (IC 35-42-1-1) or voluntary manslaughter
(IC 35-42-1-3) of a victim who is a child described in
IC 31-35-3-4
(2)(B) or a parent of the child; or
(ii) a comparable offense described in item (i) in any other
state, territory, or country; or
(B) has been convicted of:
(i) aiding, inducing, or causing another person;
(ii) attempting; or
(iii) conspiring with another person;
to commit an offense described in clause (A).
(3) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
IC 9-26-1-2
(2),
IC 9-26-1-3
,
IC 9-26-1-4
, or
IC 9-30-5
;
(4) probable cause to believe the person is committing or
attempting to commit a misdemeanor in the officer's presence;
(5) probable cause to believe the person has committed a:
(A) battery resulting in death under
IC 35-42-2-1
(a)(5);
(B) battery resulting in bodily injury under
IC 35-42-2-1
; or
(C) domestic battery under
IC 35-42-2-1.3.
The officer may use an affidavit executed by an individual alleged
to have direct knowledge of the incident alleging the elements of
the offense of battery to establish probable cause;
(6) probable cause to believe that the person violated
IC 35-46-1-15.1
(invasion of privacy);
(7) probable cause to believe that the person has committed
stalking (IC 35-45-10);
(8) probable cause to believe that the person violated
IC 35-47-2-1
(carrying a handgun without a license) or
IC 35-47-2-22
(counterfeit handgun license); or
(9) probable cause to believe that the person is violating or has
violated an order issued under
IC 35-50-7.
(b) A person who:
(1) is employed full time as a federal enforcement officer;
(2) is empowered to effect an arrest with or without warrant for a
violation of the United States Code; and
(3) is authorized to carry firearms in the performance of the
person's duties;
may act as an officer for the arrest of offenders against the laws of this
state where the person reasonably believes that a felony has been or is
about to be committed or attempted in the person's presence.
SECTION 4.
IC 35-42-2-1
, AS AMENDED BY P.L.43-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 1. (a) A person who knowingly or intentionally
touches another person in a rude, insolent, or angry manner commits
battery, a Class B misdemeanor. However, the offense is:
(1) a Class A misdemeanor if:
(A) it results in bodily injury to any other person;
(B) it is committed against a law enforcement officer or
against a person summoned and directed by the officer while
the officer is engaged in the execution of his official duty;
(C) it is committed against an employee of a penal facility or
a juvenile detention facility (as defined in
IC 31-9-2-71
) while
the employee is engaged in the execution of the employee's
official duty; or
at least eighteen (18) years of age.
(b) For purposes of this section:
(1) "law enforcement officer" includes an alcoholic beverage
enforcement officer; and
(2) "correctional professional" means a:
(A) probation officer;
(B) parole officer;
(C) community corrections worker; or
(D) home detention officer.
SECTION 5.
IC 35-47-4-5
, AS AMENDED BY P.L.14-2000,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 5. (a) As used in this section, "serious violent
felon" means a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially similar
to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious
violent felony in:
(A) Indiana as provided under
IC 35-41-5-1
or
IC 35-41-5-2
;
or
(B) any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially similar
to the elements of attempting to commit or conspiring to
commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle
(IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(3) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class D felony for which the person is
being sentenced. However, the court may suspend the minimum
sentence for the crime only if the court orders home detention
under
IC 35-38-1-21
or
IC 35-38-2.5-5
instead of the minimum
sentence specified for the crime under this chapter.
(4) The felony committed was:
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon or battery
causing death;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A
felony;
(H) child molesting (IC 35-42-4-3) as a Class A or Class B
felony;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or
with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily
injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury
or with a deadly weapon;
(L) resisting law enforcement (IC 35-44-3-3) with a deadly
weapon;
(M) escape (IC 35-44-3-5) with a deadly weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine or a narcotic drug (IC 35-48-4-1) as a
Class A felony;
(P) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2) if the amount of controlled substance involved
has an aggregate weight of three (3) grams or more;
(Q) an offense under
IC 9-30-5
(operating a vehicle while
intoxicated) and the person who committed the offense has
accumulated at least two (2) prior unrelated convictions under
IC 9-30-5
; or
(R) aggravated battery (IC 35-42-2-1.5).
(c) Except as provided in subsection (e), whenever the court
suspends a sentence for a felony, it shall place the person on probation
under
IC 35-38-2
for a fixed period to end not later than the date that
the maximum sentence that may be imposed for the felony will expire.
(d) The minimum sentence for a person convicted of voluntary
manslaughter may not be suspended unless the court finds at the
sentencing hearing that the crime was not committed by means of a
deadly weapon.
(e) Whenever the court suspends that part of an offender's (as
defined in
IC 5-2-12-4
) sentence that is suspendible under subsection
(b), the court shall place the offender on probation under
IC 35-38-2
for
not more than ten (10) years.
(f) An additional term of imprisonment imposed under
IC 35-50-2-11
may not be suspended.
(g) A term of imprisonment imposed under
IC 35-47-10-6
or
IC 35-47-10-7
may not be suspended if the commission of the offense
was knowing or intentional.
(h) A term of imprisonment imposed for an offense under
IC 35-48-4-6
(b)(1)(B) may not be suspended.