Second Regular Session 113th General Assembly (2004)


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 ENROLLED ACT No. 1449



     AN ACT to amend the Indiana Code concerning family law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-37-3-2; (04)HE1449.1.1. -->     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 making a reasonable determination 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)HE1449.1.2. -->     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 making a reasonable determination 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)HE1449.1.3. -->     SECTION 3. An emergency is declared for this act.


HEA 1449 _ Concur

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