Introduced Version






HOUSE BILL No. 1032

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-42-4-7.

Synopsis: Child seduction. Specifies that for purposes of the crime of child seduction, a child care worker includes a person who works for compensation or as a volunteer for a: (1) school corporation; (2) nonpublic school; (3) cooperative organization in which a school corporation or nonpublic school is a member; or (4) cooperative program in which a school corporation or a nonpublic school participates; that is attended by a child who is the victim of a sex crime. (Current law states that a child care worker includes a person who is employed by a school corporation or nonpublic school attended by a child who is the victim of a sex crime.)

Effective: July 1, 2008.





Battles




    January 8, 2008, read first time and referred to Committee on Courts and Criminal Code.







Introduced

Second Regular Session 115th General Assembly (2008)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2007 Regular Session of the General Assembly.

HOUSE BILL No. 1032



    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 35-42-4-7; (08)IN1032.1.1. -->     SECTION 1. IC 35-42-4-7, AS AMENDED BY P.L.1-2005, SECTION 228, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. (a) As used in this section, "adoptive parent" has the meaning set forth in IC 31-9-2-6.
    (b) As used in this section, "adoptive grandparent" means the parent of an adoptive parent.
    (c) As used in this section, "child care worker" means a person who:
        (1) provides care, supervision, or instruction to a child within the scope of the person's employment in a shelter care facility; or
        (2) is employed by works for compensation or as a volunteer for a:
            (A) school corporation; or
            (B) nonpublic school;
            (C) cooperative organization in which a school corporation or nonpublic school is a member; or

             (D) cooperative program in which a school corporation or nonpublic school participates;
        attended by a child who is the victim of a crime under this chapter.
    (d) As used in this section, "custodian" means any person who resides with a child and is responsible for the child's welfare.
    (e) As used in this section, "nonpublic school" has the meaning set forth in IC 20-18-2-12.
    (f) As used in this section, "school corporation" has the meaning set forth in IC 20-18-2-16.
    (g) As used in this section, "stepparent" means an individual who is married to a child's custodial or noncustodial parent and is not the child's adoptive parent.
    (h) If a person who is:
        (1) at least eighteen (18) years of age; and
        (2) the:
            (A) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or
            (B) child care worker for;
        a child at least sixteen (16) years of age but less than eighteen (18) years of age;
engages with the child in sexual intercourse, deviate sexual conduct (as defined in IC 35-41-1-9), or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction, a Class D felony.
SOURCE: ; (08)IN1032.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2008] IC 35-42-4-7, as amended by this act, applies only to crimes committed after June 30, 2008.