Introduced Version






SENATE BILL No. 248

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-42-2-1.3.

Synopsis: Crime in the presence of a child. Makes domestic battery a Class D felony if it is committed in the presence of an unemancipated child less than eighteen (18) years of age.

Effective: July 1, 2001.





Clark




    January 9, 2001, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.







Introduced

First Regular Session 112th General Assembly (2001)


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SENATE BILL No. 248



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 35-42-2-1.3 , AS AMENDED BY P.L.47-2000, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1.3. (a) A person who knowingly or intentionally touches a person who:
        (1) is or was a spouse of the other person;
        (2) is or was living as if a spouse of the other person; or
        (3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor.
     (b) However, the The offense is a Class D felony if the person;
         (1) has a previous, unrelated conviction under this section (or IC 35-42-2-1 (a)(2)(E) before its repeal); or
        (2) commits the offense in the presence of an unemancipated child less than eighteen (18) years of age.