March 27, 2009
SENATE BILL No. 236
DIGEST OF SB 236
(Updated March 25, 2009 10:27 am - DI 14)
Citations Affected: IC 35-42; IC 35-50; noncode.
Synopsis: Sentence enhancement for feticide. Provides that a person
who, while committing or attempting to commit murder or felony
murder, causes the termination of a human pregnancy may be
sentenced to an additional term of imprisonment of six to 20 years.
Increases the penalty for feticide from a Class C felony to a Class B
Effective: July 1, 2009.
, Steele, Delph, Holdman,
Wyss, Miller, Stutzman
(HOUSE SPONSORS _ LAWSON L, MURPHY)
January 7, 2009, read first time and referred to Committee on Judiciary.
February 19, 2009, amended, reported favorably _ Do Pass.
February 23, 2009, read second time, ordered engrossed. Engrossed.
February 24, 2009, read third time, passed. Yeas 40, nays 9.
March 2, 2009, read first time and referred to Committee on Public Policy.
March 26, 2009, amended, reported _ Do Pass.
March 27, 2009
First Regular Session 116th General Assembly (2009)
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between statutes enacted by the 2008 Regular Session of the General Assembly.
SENATE BILL No. 236
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 35-42-1-6; (09)ES0236.1.1. -->
SECTION 1. IC 35-42-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. A person who
knowingly or intentionally terminates a human pregnancy with an
intention other than to produce a live birth or to remove a dead fetus
commits feticide, a
Class C Class B felony. This section does not apply
to an abortion performed in compliance with:
(1) IC 16-34; or
(2) IC 35-1-58.5 (before its repeal).
SOURCE: IC 35-50-2-16; (09)ES0236.1.2. -->
SECTION 2. IC 35-50-2-16 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 16. (a) The state may seek, on a page separate from
the rest of the charging instrument, to have a person who allegedly
committed or attempted to commit murder under IC 35-42-1-1(1)
or IC 35-42-1-1(2) sentenced to an additional fixed term of
imprisonment if the state can show beyond a reasonable doubt that
the person, while committing or attempting to commit murder
under IC 35-42-1-1(1) or IC 35-42-1-1(2), caused the termination
of a human pregnancy.
(b) If the person is convicted of the murder or attempted
murder in a jury trial, the jury shall reconvene to hear evidence in
the enhancement hearing. If the trial was to the court, or the
judgment was entered on a guilty plea, the court alone shall hear
evidence in the enhancement hearing.
(c) If the jury (if the hearing is by jury) or the court (if the
hearing is to the court alone) finds that the state has proved beyond
a reasonable doubt that the person, while committing or
attempting to commit murder under IC 35-42-1-1(1) or
IC 35-42-1-1(2), caused the termination of a human pregnancy, the
court shall sentence the person to an additional fixed term of
imprisonment of not less than six (6) or more than twenty (20)
(d) A sentence imposed under this section runs consecutively to
the underlying sentence.
(e) For purposes of this section, prosecution of the murder or
attempted murder under IC 35-42-1-1(1) or IC 35-42-1-1(2) and
the enhancement of the penalty for that crime does not require
(1) the person committing or attempting to commit the
murder had knowledge or should have had knowledge that
the victim was pregnant; or
(2) the defendant intended to cause the termination of a
SOURCE: ; (09)ES0236.1.3. -->
SECTION 3. [EFFECTIVE JULY 1, 2009] IC 35-42-1-6, as
amended by this act, and IC 35-50-2-16, as added by this act, apply
only to a crime committed after June 30, 2009.