HB 1268-1_ Filed 01/22/2004, 11:47
Adopted 1/26/2004
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.
__________________________________
CR126801/DI 107 2004