Introduced Version






HOUSE BILL No. 1241

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 10-13-6-10.

Synopsis: DNA samples from felons. Requires a person convicted of: (1) a felony; (2) conspiracy to commit a felony; or (3) attempt to commit a felony; to submit a DNA sample to the department of correction or a sheriff.

Effective: July 1, 2005.





Harris T, Behning




    January 6, 2005, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 114th General Assembly (2005)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.

HOUSE BILL No. 1241



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

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

SOURCE: IC 10-13-6-10; (05)IN1241.1.1. -->     SECTION 1. IC 10-13-6-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) This section applies to the following:
        (1) A person convicted of a felony under IC 35-42 (offenses against the person) or IC 35-43-2-1 (burglary): or IC 35-42-4-6 (child solicitation):
            (A) after June 30, 1996, whether or not the person is sentenced to a term of imprisonment; and or
            (B) before July 1, 1996, if the person is held in jail or prison on or after July 1, 1996.
        (2) A person convicted of a criminal law in effect before October 1, 1977, that penalized an act substantially similar to a felony described in IC 35-42 or IC 35-43-2-1 or that would have been an included offense of a felony described in IC 35-42 or IC 35-43-2-1 if the felony had been in effect:
            (A) after June 30, 1998, whether or not the person is sentenced to a term of imprisonment; and or
            (B) before July 1, 1998, if the person is held in jail or prison on or after July 1, 1998.
         (3) A person convicted of a felony, conspiracy to commit a felony, or attempt to commit a felony:
            (A) after June 30, 2005, whether or not the person is sentenced to a term of imprisonment; or
            (B)
before July 1, 2005, if the person is held in jail or prison on or after July 1, 2005.
    (b) A person described in subsection (a) shall provide a DNA sample to the:
        (1) department of correction or the designee of the department of correction if the offender is committed to the department of correction; or
        (2) county sheriff or the designee of the county sheriff if the offender is held in a county jail or other county penal facility, placed in a community corrections program (as defined in IC 35-38-2.6-2), or placed on probation.
A convicted person is not required to submit a blood sample if doing so would present a substantial and an unreasonable risk to the person's health.