Introduced Version
HOUSE BILL No. 1388
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-34-1-2.
Synopsis: Impaired driving with a child in vehicle. Creates a
rebuttable presumption that the physical or mental health of a child is
endangered if the child's parent, guardian, or custodian operates a
motor vehicle in which the child is a passenger while the parent,
guardian, or custodian is intoxicated.
Effective: July 1, 2005.
January 13, 2005, read first time and referred to Committee on Family, Children and
Human Affairs.
Introduced
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1388
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 31-34-1-2; (05)IN1388.1.1. -->
SECTION 1. IC 31-34-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) A child is a child
in need of services if before the child becomes eighteen (18) years of
age:
(1) the child's physical or mental health is seriously endangered
due to injury by the act or omission of the child's parent, guardian,
or custodian; and
(2) the child needs care, treatment, or rehabilitation that:
the
child:
(A)
the child is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
(b) Evidence that the illegal manufacture of a drug or controlled
substance is occurring on property where a child resides creates a
rebuttable presumption that the child's physical or mental health is
seriously endangered.
(c) Evidence that:
(1) the child was a passenger in a motor vehicle operated by
the child's parent, guardian, or custodian; and
(2) the child's parent, guardian, or custodian operated the
motor vehicle:
(A) while intoxicated; or
(B) with a controlled substance in the blood;
in violation of IC 9-30-5-1 or IC 9-30-5-2;
creates a rebuttable presumption that the child's physical or
mental health is seriously endangered.