Introduced Version






SENATE BILL No. 236

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-50-2-16.

Synopsis: Sentence enhancement for feticide. Provides that a person who, while committing murder or felony murder, causes the death of a child in utero may be sentenced to an additional fixed term of imprisonment that is equal to the advisory sentence for murder.

Effective: July 1, 2009.





Merritt




    January 7, 2009, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 116th General Assembly (2009)


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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 35-50-2-16; (09)IN0236.1.1. -->     SECTION 1. 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) As used in this section, "child in utero" means a member of the species Homo sapiens, at any stage of development, who is carried in the womb.
    (b) The state may seek, on a page separate from the rest of the charging instrument, to have a person who allegedly committed 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 murder under IC 35-42-1-1(1) or IC 35-42-1-1(2), caused the death of a child in utero.
    (c) If the person is convicted of the 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.
    (d) 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 murder under IC 35-42-1-1(1) or IC 35-42-1-1(2), caused the death of a child in utero, the court shall sentence the person to an additional fixed term of imprisonment equal to the advisory sentence for murder.
    (e) A sentence imposed under this section runs consecutively to the underlying sentence.
    (f) A term of imprisonment imposed under this section may not be suspended.
    (g) For purposes of this section, prosecution of the 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 proof that:
        (1) the person committing the murder had knowledge or should have had knowledge that the victim was pregnant; or
        (2) the defendant intended to cause the death of, or bodily injury to, the child in utero.

SOURCE: ; (09)IN0236.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2009] IC 35-50-2-16, as added by this act, applies only to a violent crime committed after June 30, 2009.