Introduced Version






HOUSE BILL No. 1855

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-42-1.

Synopsis: Murder and reckless homicide. Provides that a person who kills another human being while committing or attempting to commit felony battery upon a child less than 14 years of age commits felony murder. Enhances the penalty for reckless homicide from a Class C felony to: (1) a Class B felony if the reckless conduct involves shaking a child at least two years of age but less than 14 years of age; and (2) a Class A felony if the reckless conduct involves shaking a child less than two years of age.

Effective: July 1, 2001.





Burton




    January 17, 2001, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1855



    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:

SOURCE: IC 35-42-1-1; (01)IN1855.1.1. -->     SECTION 1. IC 35-42-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. A person who:
        (1) knowingly or intentionally kills another human being;
        (2) kills another human being while committing or attempting to commit:
            (A)
arson;
            (B) felony battery under IC 35-42-2-1 (a)(2), IC 35-42-2-1 (a)(3), or IC 35-42-2-1 (a)(4), or aggravated battery under IC 35-42-2-1.5 against a child less than fourteen (14) years of age;
             (C) burglary;
            (D) child molesting;
            (E) consumer product tampering;
            (F) criminal deviate conduct;
            (G) kidnapping;
            (H) rape;
            (I) robbery; or
            (J) carjacking;
        (3) kills another human being while committing or attempting to commit:
            (A) dealing in cocaine or a narcotic drug (IC 35-48-4-1);
            (B) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
            (C) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
            (D) dealing in a schedule V controlled substance; or
        (4) knowingly or intentionally kills a fetus that has attained viability (as defined in IC 16-18-2-365 );
commits murder, a felony.
SOURCE: IC 35-42-1-5; (01)IN1855.1.2. -->     SECTION 2. IC 35-42-1-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) A person who recklessly kills another human being commits reckless homicide, a Class C felony.
    (b) A person who recklessly kills a child less than fourteen (14) years of age by angry and vigorous shaking commits reckless homicide. The offense is:
        (1) a Class B felony if the victim is at least two (2) years of age but less than fourteen (14) years of age; and

         (2) a Class A felony if the victim is less than two (2) years of age.