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.





Austin




    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 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 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.