HB 1449-1_ Filed 01/27/2004, 11:49


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

8

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Rules and Legislative Procedures     , to which was referred       House Bill 1449     , 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 the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning family law.
    Delete everything after the enacting clause and insert the following:

SOURCE: IC 31-37-3-2; (04)AM144901.1. -->     SECTION 1. IC 31-37-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) It is a curfew violation for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place:
        (1) between 1 a.m. and 5 a.m. on Saturday or Sunday;
        (2) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
        (3) before 5 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
     (b) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after speaking with the child and considering the facts and surrounding circumstances, reasonably believes that:
        (1) the child has violated this section; and
        (2) there is no legal defense to the violation.

SOURCE: IC 31-37-3-3; (04)AM144901.2. -->     SECTION 2. IC 31-37-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) It is a curfew violation for a child less than fifteen (15) years of age to be in a public place after 11 p.m. or before 5 a.m. on any day.
     (b) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after speaking with the child and considering the facts and surrounding circumstances, reasonably believes that:
        (1) the child has violated this section; and
        (2) there is no legal defense to the violation.

SOURCE: ; (04)AM144901.3. -->     SECTION 3. An emergency is declared for this act.
    (Reference is to HB 1449 as introduced.)

and when so amended that said bill do pass.



__________________________________

Representative Pelath


AM144901/DI 105    2004