February 20, 2009





SENATE BILL No. 236

_____


DIGEST OF SB 236 (Updated February 18, 2009 3:19 pm - DI 106)



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 death of a child in utero 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 felony.

Effective: July 1, 2009.





Merritt , Steele, Delph




    January 7, 2009, read first time and referred to Committee on Judiciary.
    February 19, 2009, amended, reported favorably _ Do Pass.






February 20, 2009

First Regular Session 116th General Assembly (2009)


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.
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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 35-42-1-6; (09)SB0236.1.1. -->     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)SB0236.1.2. -->     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) 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 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 death of a child in utero.
    (c) 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.
    (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 or attempting to commit 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 of not less than six (6) or more than twenty (20) years.
    (e) A sentence imposed under this section runs consecutively to the underlying sentence.
    (f) 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 proof that:
        (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 death of, or bodily injury to, the child in utero.

SOURCE: ; (09)SB0236.1.3. -->     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.