SENATE BILL No. 265
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-8-1-3; IC 34-45-5; IC 35-42-2.
Synopsis: Domestic violence. Makes domestic battery a Class D
felony if it is knowingly committed in the presence of a child less than
16 years of age. Permits a court to admit evidence that a defendant has
a previous conviction for domestic violence if the evidence is otherwise
relevant, and permits a court to admit a witness's out of court statement
that is consistent with the witness's trial testimony if the witness's
credibility has been challenged and certain other conditions are met.
Makes strangulation a Class D felony.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Judiciary.
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2005 Regular Session of the General Assembly.
SENATE BILL No. 265
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 34-8-1-3; (06)IN0265.1.1. -->
SECTION 1. IC 34-8-1-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The supreme court has
authority to adopt, amend, and rescind rules of court that govern and
control practice and procedure in all the courts of Indiana. These rules
must be promulgated and take effect under the rules adopted by the
supreme court, and,
thereafter all laws except as provided in
subsection (b), a statute in conflict with the supreme court's rules have
has no further force or effect.
(b) IC 34-45-5 supersedes rules of court adopted by the supreme
SOURCE: IC 34-45-5; (06)IN0265.1.2. -->
SECTION 2. IC 34-45-5 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 5. Crime of Domestic Violence; Credibility
Sec. 1. (a) Except as provided in subsection (b) or (c), in a
criminal action in which a defendant is accused of a crime of
domestic violence (as defined in IC 35-41-1-6.3), Indiana Evidence
Rule 404 does not make evidence of the defendant's commission of
another crime of domestic violence inadmissible if the evidence is
admissible under Indiana Evidence Rule 401.
(b) If the state intends to offer evidence under subsection (a), the
state shall disclose this evidence, including witness statements or a
summary of the testimony, to the defendant before trial.
(c) Evidence of a crime of domestic violence that occurred more
than ten (10) years before the charged offense may not be admitted
under this section unless the court determines that the admission
of this evidence is in the interest of justice.
Sec. 2. Evidence of a statement made by a witness that is
consistent with the witness's testimony at the trial or hearing is
inadmissible to support the credibility of the witness unless the
evidence is offered after:
(1) evidence of a statement made by a witness that is
inconsistent with any part of the witness's testimony at the
trial or hearing has been admitted for the purpose of
attacking the witness's credibility, if the consistent statement
was made before the alleged inconsistent statement; or
(2) an express or implied charge has been made that a
witness's testimony at the hearing is recently fabricated or is
influenced by bias or other improper motive, and the
statement was made before the bias, motive for fabrication, or
other improper motive is alleged to have arisen.
SOURCE: IC 35-42-2-1.3; (06)IN0265.1.3. -->
SECTION 3. IC 35-42-2-1.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1.3. (a) A person who
knowingly or intentionally touches an individual who:
(1) is or was a spouse of the other person;
(2) is or was living as if a spouse of the other person as provided
in subsection (b); or
(3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the
person described in subdivision (1), (2), or (3) commits domestic
battery, a Class A misdemeanor. However, the offense is a Class D
felony if the person has a previous, unrelated conviction under this
section (or IC 35-42-2-1(a)(2)(E) before its repeal), or if the person
committed the offense in the physical presence of a child less than
sixteen (16) years of age, knowing that the child was present and
might be able to see or hear the offense.
(b) In considering whether a person is or was living as a spouse of
another individual in subsection (a)(2), the court shall review the
(1) the duration of the relationship;
(2) the frequency of contact;
(3) the financial interdependence;
(4) whether the two (2) individuals are raising children together;
(5) whether the two (2) individuals have engaged in tasks directed
toward maintaining a common household; and
(6) other factors the court considers relevant.
SOURCE: IC 35-42-2-9; (06)IN0265.1.4. -->
SECTION 4. IC 35-42-2-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 9. (a) This section does not apply to a medical
(b) A person who knowingly or intentionally impedes the
normal breathing or the blood circulation of another person by:
(1) applying pressure to the throat or neck of the other
(2) obstructing the nose or mouth of the other person;
commits strangulation, a Class D felony.
SOURCE: ; (06)IN0265.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2006] IC 35-42-2-1.3, as
amended by this act, and IC 35-42-2-9, as added by this act, apply
only to crimes committed after June 30, 2006.