Citations Affected: IC 35-41; IC 35-46; noncode.
Synopsis: Controlled substances crimes. Expands the definition of
"family housing complex" used in the controlled substances laws to
include a hotel, a motel, an apartment complex, or a building that
contains subsidized housing. Makes neglect of a dependent a Class C
felony if it: (1) results from the manufacture of cocaine,
methamphetamine, or a narcotic drug; or (2) is committed in an area
where cocaine, methamphetamine, or a narcotic drug is being
manufactured, delivered, or financed.
Effective: July 1, 2006.
January 4, 2006, read first time and referred to Committee on Courts and Criminal Code.
January 19, 2006, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
legal obligation, who knowingly or intentionally:
(1) places the dependent in a situation that endangers the dependent's life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support; or
(4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Class D felony.
(b) However, the offense is:
(1) a Class C felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and:
(A) results in bodily injury; or
(i) committed in a location where a person is violating IC 35-48-4-1 (delivery, financing, or manufacture of cocaine, methamphetamine, or a narcotic drug); or
(ii) the result of a violation of IC 35-48-4-1 (delivery, financing, or manufacture of cocaine, methamphetamine, or a narcotic drug);
(2) a Class B felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and results in serious bodily injury;
(3) a Class A felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) by a person at least eighteen (18) years of age and results in the death of a dependent who is less than fourteen (14) years of age; and
(4) a Class C felony if it is committed under subsection (a)(2) and consists of cruel or unusual confinement or abandonment.
(c) It is a defense to a prosecution based on an alleged act under this section that:
(1) the accused person left a dependent child who was, at the time the alleged act occurred, not more than thirty (30) days of age with an emergency medical provider who took custody of the child under IC 31-34-2.5 when:
(A) the prosecution is based solely on the alleged act of leaving the child with the emergency medical services provider; and
(B) the alleged act did not result in bodily injury or serious bodily injury to the child; or
(2) the accused person, in the legitimate practice of
accused person's religious belief, provided treatment by spiritual
means through prayer, in lieu of medical care, to his the accused
(d) Except for property transferred or received: