SB 78-1_ Filed 02/26/2007, 10:53 Young R Michael
Adopted 2/26/2007

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 78 be amended to read as follows:

Page 9, between lines 33 and 34, begin a new paragraph and insert:

SOURCE: IC 11-8-8-5.2; (07)MO007801.12. -->     "SECTION 12. IC 11-8-8-5.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5.2. As used in this chapter, "sex offense" means an offense listed in section 5(a)(1) through 5(a)(17) of this chapter, except for section 5(a)(14) and 5(a)(15) of this chapter.".
SOURCE: Page 26, line 4; (07)MO007801.26. -->     Page 26, between lines 4 and 5, begin a new paragraph and insert:
SOURCE: IC 35-38-1-7.5; (07)MO007801.29. -->     "SECTION 29. IC 35-38-1-7.5, AS AMENDED BY P.L.173-2006, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7.5. (a) As used in this section, "sexually violent predator" means a person who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly engage in any of the offenses described in IC 11-8-8-5 a sex offense (as defined in IC 11-8-8-5.2). The term includes a person convicted in another jurisdiction who is identified as a sexually violent predator under IC 11-8-8-20. The term does not include a person no longer considered a sexually violent predator under subsection (g).
    (b) A person who:
        (1) being at least eighteen (18) years of age, commits an offense described in:
            (A) IC 35-42-4-1;
            (B) IC 35-42-4-2;
            (C) IC 35-42-4-3 as a Class A or Class B felony;
            (D) IC 35-42-4-5(a)(1);
            (E) IC 35-42-4-5(a)(2);
            (F) IC 35-42-4-5(a)(3);
            (G) IC 35-42-4-5(b)(1) as a Class A or Class B felony;
            (H) IC 35-42-4-5(b)(2); or
            (I) IC 35-42-4-5(b)(3) as a Class A or Class B felony; or
        (2) commits an a sex offense described in IC 11-8-8-5 (as defined

in IC 11-8-8-5.2) while having a previous unrelated conviction for an a sex offense described in IC 11-8-8-5 (as defined in IC 11-8-8-5.2) for which the person is required to register as an sex offender under IC 11-8-8;
is a sexually violent predator.
    (c) This section applies whenever a court sentences a person for a sex offense listed in IC 11-8-8-5 (as defined in IC 11-8-8-5.2) for which the person is required to register with the local law enforcement authority under IC 11-8-8.
    (d) At the sentencing hearing, the court shall determine whether the person is a sexually violent predator under subsection (b).
    (e) If the court does not find the person to be a sexually violent predator under subsection (b), the court shall consult with a board of experts consisting of two (2) board certified psychologists or psychiatrists who have expertise in criminal behavioral disorders to determine if the person is a sexually violent predator under subsection (a).
    (f) If the court finds that a person is a sexually violent predator:
        (1) the person is required to register with the local law enforcement authority as provided in IC 11-8-8; and
        (2) the court shall send notice of its finding under this subsection to the department of correction.
    (g) A person who is found by a court to be a sexually violent predator may petition the court to consider whether the person should no longer be considered a sexually violent predator. The person may file a petition under this subsection not earlier than ten (10) years after:
        (1) the sentencing court makes its finding under subsection (e); or
        (2) a person found to be a sexually violent predator under subsection (b) is released from incarceration.
A person may file a petition under this subsection not more than one (1) time per year. If a court finds that the person should no longer be considered a sexually violent predator, the court shall send notice to the department of correction that the person is no longer considered a sexually violent predator. Notwithstanding any other law, a condition


imposed on a person due to the person's status as a sexually violent predator, including lifetime parole or GPS monitoring, does not apply to a person no longer considered a sexually violent predator.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 78 as printed February 21, 2007.)

________________________________________

Senator YOUNG R MICHAEL


MO007801/DI 106
2007