First Regular Session 115th General Assembly (2007)
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HOUSE ENROLLED ACT No. 1382
AN ACT to amend the Indiana Code concerning family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-33-11; (07)HE1382.1.1. -->
SECTION 1. IC 20-33-11 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]:
Chapter 11. Interrogation of a Student
Sec. 1. The definitions in IC 20-33-8 apply to this chapter.
Sec. 2. A school, including a public or nonpublic school, shall
comply with this chapter.
Sec. 3. (a) This section applies if a school does not have a policy
that requires a student's parent to be notified if the student is
interrogated on school property by a law enforcement officer.
(b) If a student who is at least eighteen (18) years of age is
interrogated by a law enforcement officer:
(1) on school property; and
(2) regarding an investigation in which the student may be a
suspect;
the school principal must make an effort to immediately notify the
student's parent of the interrogation, or if immediate notification
is not possible, the school principal must notify the student's parent
not later than twelve (12) hours after the interrogation occurs. This
subsection does not require the presence of a student's parent at
the interrogation if the student is eighteen (18) years of age or
older.
Sec. 4. If a school has a policy that requires a student's parent
to be notified by a designated school employee if the student is
interrogated on school property by a law enforcement officer, the
school policy must apply to all students, regardless of the age of the
student.
SOURCE: IC 31-37-4-3; (07)HE1382.1.2. -->
SECTION 2. IC 31-37-4-3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 3. (a) This section applies if a child is arrested or
taken into custody for allegedly committing an act that would be
any of the following crimes if committed by an adult:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1).
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3).
(12) Robbery as a Class A felony or a Class B felony
(IC 35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony
(IC 35-43-2-1).
(14) Carjacking (IC 35-42-5-2).
(15) Assisting a criminal as a Class C felony (IC 35-44-3-2).
(16) Escape (IC 35-44-3-5) as a Class B felony or Class C
felony.
(17) Trafficking with an inmate as a Class C felony
(IC 35-44-3-9).
(18) Causing death when operating a motor vehicle
(IC 9-30-5-5).
(19) Criminal confinement (IC 35-42-3-3) as a Class B felony.
(20) Arson (IC 35-43-1-1) as a Class A or Class B felony.
(21) Possession, use, or manufacture of a weapon of mass
destruction (IC 35-47-12-1).
(22) Terroristic mischief (IC 35-47-12-3) as a Class B felony.
(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(24) A violation of IC 35-47.5 (controlled explosives) as a
Class A or Class B felony.
(25) A controlled substances offense under IC 35-48.
(26) A criminal gang offense under IC 35-45-9.
(b) If a child is taken into custody under this chapter for a crime
or act listed in subsection (a), the law enforcement agency that
employs the law enforcement officer who takes the child into
custody shall notify the chief administrative officer of the primary
or secondary school, including a public or nonpublic school, in
which the child is enrolled or, if the child is enrolled in a public
school, the superintendent of the school district in which the child
is enrolled:
(1) that the child was taken into custody; and
(2) of the reason why the child was taken into custody.
(c) The notification under subsection (a) must occur within
forty-eight (48) hours after the child is taken into custody.
(d) A law enforcement agency may not disclose information that
is confidential under state or federal law to a school or school
district under this section.
SOURCE: IC 31-39-4-14; (07)HE1382.1.3. -->
SECTION 3. IC 31-39-4-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. A judge of a
juvenile court or the judge's employees may not exercise any
jurisdiction or control over:
(1) records kept and maintained by law enforcement agencies
relating to juveniles; and
(2) the discretion granted to heads of law enforcement agencies
to release, or to grant access to, records and information unless
otherwise specifically provided in the juvenile law, including
IC 31-37-4-3 and IC 31-39-9. Any specific authority that is
granted does not imply the existence of any other jurisdiction or
control.
SOURCE: IC 31-39-2-6.5; (07)HE1382.1.4. -->
SECTION 4. IC 31-39-2-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 6.5. A juvenile court may release court records to an
entity listed in IC 31-39-9-1 without a court order.
SOURCE: IC 31-39-2-13.8; (07)HE1382.1.5. -->
SECTION 5. IC 31-39-2-13.8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 13.8. (a) The juvenile
court may grant a school access to all or a portion of the juvenile court
records of a child who is a student at the school if:
(1) the superintendent, or the superintendent's designee;
(2) the chief administrative officer of a nonpublic school, or the
chief administrative officer's designee; or
(3) the individual with administrative control within a charter
school, or the individual's designee;
submits a written request that meets the requirements of subsection (b).
(b) A written request must establish that the juvenile court records
described in subsection (a) are necessary for the school to:
(1) serve the educational needs of the child whose records are
being released; or
(2) protect the safety or health of a student, an employee, or a
volunteer at the school.
(c) A juvenile court that releases juvenile court records under this
section shall provide notice to the child and to the child's parent,
guardian, or custodian that the child's juvenile records have been
disclosed to the school.
(d) A juvenile court that releases juvenile court records under this
section shall issue an order requiring the school to keep the juvenile
court records confidential. A confidentiality order issued under this
subsection does not prohibit a school that receives juvenile court
records from forwarding the juvenile records to:
(1) another school; or
(2) a person if a parent, guardian, or custodian of the child
consents to the release of the juvenile court records to the person;
or
(3) an entity listed in IC 31-39-9-1.
A school or a person that receives juvenile court records under this
subsection must keep the juvenile court records confidential.
SOURCE: IC 31-39-9; (07)HE1382.1.6. -->
SECTION 6. IC 31-39-9 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Chapter 9. Exchange of Information Concerning Delinquent
Children
Sec. 1. The following entities and agencies may exchange
records of a child who is a child in need of services or has been
determined to be a delinquent child under IC 31-37-1-2, if the
information or records are not confidential under state or federal
law:
(1) A court.
(2) A law enforcement agency.
(3) The department of correction.
(4) The department of child services.
(5) The office of the secretary of family and social services.
(6) A primary or secondary school, including a public or
nonpublic school.
SOURCE: IC 35-50-8; (07)HE1382.1.7. -->
SECTION 7. IC 35-50-8 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Chapter 8. Primary or Secondary School Student Delinquency
and Criminal Conviction Information
Sec. 1. (a) If an individual is enrolled in a primary or secondary
school, including a public or nonpublic school, and:
(1) is convicted of:
(A) a Class A felony;
(B) a Class B felony;
(C) a Class C felony; or
(D) at least two (2) Class D felonies; or
(2) has been adjudicated as a delinquent child for:
(A) an act that would be:
(i) a Class A felony;
(ii) a Class B felony; or
(iii) a Class C felony; or
(B) acts that would be at least two (2) Class D felonies;
if committed by an adult;
the judge who presided over the trial, accepted the plea agreement,
or adjudicated the child a delinquent child shall give written
notification of the conviction or adjudication to the chief
administrative officer of the primary or secondary school,
including a public or nonpublic school, or, if the individual is
enrolled in a public school, the superintendent of the school district
in which the individual is enrolled.
(b) Notification under subsection (a) must occur within seven (7)
days after the conclusion of the trial, the date a plea agreement is
accepted, or the date the child is adjudicated a delinquent child.
(c) The notification sent to a school or school district under
subsection (a) must include only:
(1) the felony for which the individual was convicted or that
the individual would have committed if the individual were an
adult; and
(2) the individual's sentence or juvenile law disposition.
(d) If the court later modifies the individual's sentence or
juvenile law disposition after giving notice under this section, the
court shall notify the school or the school district in which the
individual is enrolled of the sentence or disposition modification.
HEA 1382 _ Concur
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