HB 1134-7_ Filed 02/25/2008, 10:59 Lubbers

SENATE MOTION


MADAM PRESIDENT:

    I move that Engrossed House Bill 1134 be amended to read as follows:

    Page 48, between lines 5 and 6, begin a new paragraph and insert:
    "SECTION 1. IC 35-42-3-4, AS AMENDED BY P.L.164-2007, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) A person who, with the intent to deprive another person of child custody rights, knowingly or intentionally:
        (1) removes another person who is less than eighteen (18) years of age to a place outside Indiana when the removal violates a child custody order of a court; or
        (2) violates a child custody order of a court by failing to return a person who is less than eighteen (18) years of age to Indiana;
commits interference with custody, a Class D Class C felony. However, the offense is a Class C felony if the other person is less than fourteen (14) years of age and is not the person's child, and a Class B felony if the person removes the child to another country or fails to return the child from another country, or if the offense is committed while armed with a deadly weapon or results in serious bodily injury to another person.
    (b) A person who with the intent to deprive another person of custody or parenting time rights:
        (1) knowingly or intentionally takes;
        (2) knowingly or intentionally detains; or
        (3) knowingly or intentionally conceals;
a person who is less than eighteen (18) years of age commits interference with custody, a Class C misdemeanor. However, the offense is a Class B misdemeanor if the taking, concealment, or detention is in violation of a court order.
    (c) With respect to a violation of this section, a court may consider as a mitigating circumstance the accused person's return of the other person in accordance with the child custody order or parenting time order within seven (7) days after the removal.
    (d) The offenses described in this section continue as long as the

child is concealed or detained or both.
    (e) If a person is convicted of an offense under this section, a court may impose against the defendant reasonable costs incurred by a parent or guardian of the child because of the taking, detention, or concealment of the child.
    (g) (f) It is a defense to a prosecution under this section that the accused person:
        (1) was threatened; or
        (2) reasonably believed the child was threatened;
which resulted in the child not being timely returned to the other parent resulting in a violation of a child custody order.".
    Page 49, between lines 25 and 26, begin a new paragraph and insert:
    " (e) As used in this section , "charter school" has the meaning set forth in IC 20-18-2-2.5.".
    Page 49, line 26, delete "(e)" and insert " (f)".
    Page 49, line 30, after "by" insert " or affiliated with".
    Page 49, line 31, strike "or".
    Page 49, between lines 31 and 32, begin a new line double block indented and insert:
            " (B) charter school; or".
    Page 49, line 32, strike "(B)" and insert " (C)".
    Page 49, line 34, delete "." and insert " , regardless of how or whether the person is compensated.
The term does not include a student who attends the school.
".
    Page 49, line 35, delete "(f)" and insert " (g)".
    Page 49, line 37, delete "(g)" and insert " (h)".
    Page 49, line 39, delete "(h)" and insert " (i)".
    Page 49, line 41, delete "(i)" and insert " (j)".
    Page 50, line 2, delete "(j)" and insert " (k)".
    Page 50, line 14, delete "(k)" and insert " (l)".
    Page 58, line 24, after the effective date insert " IC 35-42-3-4,".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1134 as printed February 22, 2008.)

SOURCE: IC 35-42-4-7; (08)SB0180.1.2. -->

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Senator LUBBERS


RS 113401/DI kc
2008