HB 1268-1_ Filed 01/22/2004, 11:47

Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

13

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Judiciary     , to which was referred       House Bill 1268     , 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:

SOURCE: Page 9, line 2; (04)CR126801.9. -->     Page 9, line 2, delete "A report" and insert " All records held".
    Page 9, line 12, delete "is" and insert " are".
    Page 9, line 15, after "is" insert " otherwise".
    Page 10, after line 42, begin a new paragraph and insert:
SOURCE: IC 31-33-22-2; (04)CR126801.11. -->     "SECTION 11. IC 31-33-22-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. An (a) Except as provided in subsections (b) and (c), an individual who:
        (1) knowingly requests, obtains, or seeks to obtain child abuse or neglect information under false pretenses; or
        (2) knowingly falsifies child abuse or neglect information or records;
commits a Class B misdemeanor.
     (b) An individual who violates subsection (a)(2) commits a Class D felony if the individual is a state employee and the victim who is the subject of the information or records suffers serious bodily

injury as a result of the offense.
    (c) An individual who violates subsection (a)(2) commits a Class C felony if the individual is a state employee and the victim who is the subject of the information or records dies as a result of the offense.
".

SOURCE: Page 11, line 20; (04)CR126801.11. -->     Page 11, line 20, delete "A" and insert " Except as provided in subsection (c), a".
    Page 11, line 32, delete "and".
    Page 11, line 33, after "(2)" insert " the sex offense referred to in subdivision (1) was committed by an adult who lives in the household with the child; and
         (3)".
    Page 11, between lines 36 and 37, begin a new paragraph and insert:
    " (c) Before a court determines that a child needs care, treatment, or rehabilitation under subsection (b)(3), a court must determine that voluntary services are inappropriate or have been unsuccessful.".
    Page 12, between lines 23 and 24, begin a new paragraph and insert:
    " (d) This section does not affect a court's authority to take a child into custody or emergency custody under IC 31-34-2 if the court does not act on the basis of a presumption established under this section.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1268 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Lawson L


CR126801/DI 107    2004