SB 327-10_ Filed 03/29/2007, 10:50 Stutzman

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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______




    I move that Engrossed Senate Bill 327 be amended to read as follows:

    Page 3, after line 42, begin a new paragraph and insert:
    "SECTION 5. IC 35-42-2-1.3, AS AMENDED BY P.L.129-2006, SECTION 1, IS AMENDED TO READ AS FOLLOWS: 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 (c); or
        (3) has a child in common with the other person;
         (1) is a current or former spouse of the other person;
        (2) is dating or has dated the other person;
        (3) is or was engaged in a sexual relationship with the other         person;
        (4) is related by blood or adoption to the other person;
        (5) is or was related by marriage to the other person;
        (6) has or previously had an established legal relationship:
            (A) as a guardian of the other person;
            (B) as a ward of the other person;
            (C) as a custodian of the other person;
            (D) as a foster parent of the other person; or
            (E) in a capacity with respect to the other person             similar to those listed in clauses (A) through (D
) ; or
        (7) 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 subdivisions (1), (2), or (3) through (7) commits domestic battery, a Class A misdemeanor.
    (b) However, the offense under subsection (a) is a Class D felony if the person who committed the offense:
        (1) has a previous, unrelated conviction:
            (A) under this section (or IC 35-42-2-1(a)(2)(E) before its repeal); or
            (B) in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements described in this section; or
        (2) 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.
    (c) In considering whether a person is or was living as a spouse of another individual in subsection (a)(2), the court shall review the following:
        (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.
    SECTION 6. [EFFECTIVE JULY 1, 2007] IC 35-42-2-1.3, as amended by this act, applies only to offenses committed after June 30, 2007.".
    (Reference is to ESB 327 as printed March 27, 2007.)


Representative STUTZMAN

RH 032702.D/DI jc