Citations Affected:
IC 12-17.4-4-11
;
IC 31-19-11-1
;
IC 35-46-1-1
;
IC 35-46-1-4
.
Synopsis: Neglect of an unborn child. Provides that a person may be
convicted of neglect of a dependent for neglecting an unborn child.
Specifies that a person who obtains a lawful abortion does not commit
neglect of a dependent. Makes conforming amendments.
Effective: July 1, 2002.
January 7, 2002, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1.
IC 12-17.4-4-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 11. (a) The division
shall deny a license when an applicant fails to meet the requirements
for a license. The division shall deny a license to an applicant who has
been convicted of any of the following felonies:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery (IC 35-42-2-1).
(7) Aggravated battery (IC 35-42-2-1.5).
(8) Kidnapping (IC 35-42-3-2).
(9) Criminal confinement (IC 35-42-3-3).
(10) A felony sex offense under
IC 35-42-4.
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
described in subsection (a) shall notify the governing body of the
school corporation if during the course of the individual's employment
the individual is convicted in Indiana or another jurisdiction of an
offense described in subsection (b).
SECTION 3.
IC 31-19-11-1
, AS AMENDED BY P.L.200-1999,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. (a) Whenever the court has heard the evidence
and finds that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5
has been filed;
(4) the attorney or agency arranging an adoption has filed with the
court an affidavit prepared by the state department of health under
IC 31-19-5-16
indicating whether a man is entitled to notice of the
adoption because the man has registered with the putative father
registry in accordance with
IC 31-19-5
;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the state department of health under:
(A)
IC 31-19-6
indicating whether a record of a paternity
determination; or
(B)
IC 16-37-2-2
(g) indicating whether a paternity affidavit
executed under
IC 16-37-2-2.1
;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given; and
(8) the petitioner for adoption is not prohibited from adopting the
child as the result of an inappropriate criminal history described
in subsection (c);
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the department's
affidavit under
IC 31-19-5-16
is filed with the court as provided under
subsection (a)(4).
(c) A conviction of a felony or a misdemeanor related to the health
and safety of a child by a petitioner for adoption is a permissible basis
for the court to deny the petition for adoption. In addition, the court
may not grant an adoption if a petitioner for adoption has been
convicted of any of the felonies described as follows:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery as a felony (IC 35-42-2-1).
(7) Aggravated battery (IC 35-42-2-1.5).
(8) Kidnapping (IC 35-42-3-2).
(9) Criminal confinement (IC 35-42-3-3).
(10) A felony sex offense under
IC 35-42-4.
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Incest (IC 35-46-1-3).
(14) Neglect of a dependent (IC 35-46-1-4(a)(1)
(IC 35-46-1-4
(b)(1) and IC 35-46-1-4(a)(2)
IC 35-46-1-4
(b)(2)).
(15) Child selling (IC 35-46-1-4(b)
(IC 35-46-1-4
(e)).
(16) A felony involving a weapon under IC 35-47.
(17) A felony relating to controlled substances under
IC 35-48-4.
(18) An offense relating to material or a performance that is
harmful to minors or obscene under
IC 35-49-3.
(19) A felony that is substantially equivalent to a felony listed in
subdivisions (1) through (18) for which the conviction was
entered in another state.
However, the court is not prohibited from granting an adoption based
upon a felony conviction under subdivision (6), (11), (12), (16), or
(17), or its equivalent under subdivision (19), if the offense was not
committed within the immediately preceding five (5) year period.
SECTION 4.
IC 35-46-1-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. Except as otherwise
stated, as used in this chapter:
"Dependent" means:
(1) an unemancipated person who is under eighteen (18) years of
age; or
(2) a person of any age who is mentally or physically disabled; or
(3) for purposes of
section 4
(b)(1) of this chapter, an unborn
child.
"Endangered adult" has the meaning set forth in
IC 12-10-3-2.
"Support" means food, clothing, shelter, or medical care.
"Tobacco business" means a sole proprietorship, corporation,
partnership, or other enterprise in which:
(1) the primary activity is the sale of tobacco, tobacco products,
and tobacco accessories; and
(2) the sale of other products is incidental.
SECTION 5.
IC 35-46-1-4
, AS AMENDED BY P.L.133-2000,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 4. (a) This section does not apply to an abortion
performed in compliance with IC 16-34.
(b) A person having the care of a dependent, whether assumed
voluntarily, or because of a legal obligation, or because of pregnancy,
who knowingly or intentionally:
(1) places the dependent in a situation that endangers the
dependent's life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support; or
(4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Class D felony.
(b) (c) However, the offense is:
(1) a Class C felony if it is committed under subsection (a)(1),
(b)(1), (a)(2), (b)(2), or (a)(3) (b)(3) and results in bodily injury;
(2) a Class B felony if it is committed under subsection (a)(1),
(b)(1), (a)(2), (b)(2), or (a)(3) (b)(3) and results in serious bodily
injury; and
(3) a Class C felony if it is committed under subsection (a)(2)
(b)(2) and consists of cruel or unusual confinement or
abandonment.
(c) (d) It is a defense to a prosecution based on an alleged act under
this section that:
(1) the accused person left a dependent child who was, at the time
the alleged act occurred, not more than thirty (30) days of age
with an emergency medical provider who took custody of the
child under
IC 31-34-2.5
when:
(A) the prosecution is based solely on the alleged act of
leaving the child with the emergency medical services
provider; and
(B) the alleged act did not result in bodily injury or serious
bodily injury to the child; or
(2) the accused person, in the legitimate practice of his religious
belief, provided treatment by spiritual means through prayer, in
lieu of medical care, to his dependent.
(d) (e) Except for property transferred or received:
(1) under a court order made in connection with a proceeding
under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or
IC 31-1-11.5
or
IC 31-6-5
before their repeal); or