HB 1076-6_ Filed 01/24/2008, 06:11 Walorski


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1076 be amended to read as follows:

SOURCE: Page 8, line 11; (08)MO107603.8. -->     Page 8, line 11, delete "victim;" and insert " victim, or because the victim was a viable fetus;".
    Page 8, line 25, delete "property;" and insert " property, or because a viable fetus was present on the property;".
    Page 10, line 27, delete "property;" and insert " property, including that the injured individual, owner, or occupant of the property was a viable fetus;".
    Page 12, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 35-42-2-1; (08)MO107603.5. -->     "SECTION 5. IC 35-42-2-1, AS AMENDED BY P.L.164-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. (a) A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a Class B misdemeanor. However, the offense is:
        (1) a Class A misdemeanor if:
            (A) it results in bodily injury to any other person;
            (B) it is committed against a law enforcement officer or against a person summoned and directed by the officer while the officer is engaged in the execution of the officer's official duty;
            (C) it is committed against an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;
            (D) it is committed against a firefighter (as defined in

IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter's official duty; or
            (E) it is committed against a community policing volunteer:
                (i) while the volunteer is performing the duties described in IC 35-41-1-4.7; or
                (ii) because the person is a community policing volunteer;
        (2) a Class D felony if it results in bodily injury to:
            (A) a law enforcement officer or a person summoned and directed by a law enforcement officer while the officer is engaged in the execution of his the officer's official duty;
            (B) a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
            (C) a person of any age who has a mental or physical disability and is committed by a person having the care of the person with a mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation;
            (D) the other person and the person who commits the battery was previously convicted of a battery in which the victim was the other person;
            (E) an endangered adult (as defined in IC 12-10-3-2);
            (F) an employee of the department of correction while the employee is engaged in the execution of the employee's official duty;
            (G) an employee of a school corporation while the employee is engaged in the execution of the employee's official duty;
            (H) a correctional professional while the correctional professional is engaged in the execution of the correctional professional's official duty;
            (I) a person who is a health care provider (as defined in IC 16-18-2-163) while the health care provider is engaged in the execution of the health care provider's official duty;
            (J) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;
            (K) a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter's official duty;
            (L) a community policing volunteer:
                (i) while the volunteer is performing the duties described in IC 35-41-1-4.7; or
                (ii) because the person is a community policing volunteer; or
            (M) a family or household member (as defined in IC 35-41-1-10.6) if the person who committed the offense:
                (i) is at least eighteen (18) years of age; and
                (ii) 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;
        (3) a Class C felony if:
             (A) it results in serious bodily injury to any other person or if it is committed by means of a deadly weapon; or
            (B) it:
                (i) is committed against an individual who was knowingly or intentionally selected as the victim of the offense because of the color, creed, disability, national origin, race, religion, sexual orientation, gender identity, or sex of the individual, or because the individual was a viable fetus; and
                (ii) results in bodily injury to a viable fetus;

        (4) a Class B felony if it results in serious bodily injury to a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
        (5) a Class A felony if it results in the death of a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
        (6) a Class C felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2);
        (7) a Class B felony if it results in the death of an endangered adult (as defined in IC 12-10-3-2); and
        (8) a Class C felony if it results in bodily injury to a pregnant woman and the person knew the woman was pregnant.
    (b) For purposes of this section:
        (1) "law enforcement officer" includes an alcoholic beverage enforcement officer; and
        (2) "correctional professional" means a:
            (A) probation officer;
            (B) parole officer;
            (C) community corrections worker; or
            (D) home detention officer.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1076 as printed January 22, 2008.)

________________________________________

Representative Walorski


MO107603/DI 107     2008