COMMITTEE REPORT




MADAM PRESIDENT:

    The Senate Committee on Corrections, Criminal, and Civil Matters, to which was referred Senate Bill No. 34, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 1; (09)AM003402.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 4-6-2-1.1; (09)AM003402.1. -->     "SECTION 1. IC 4-6-2-1.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1.1. The attorney general has concurrent jurisdiction with the prosecuting attorney in the prosecution of the following:
        (1) Actions in which a person is accused of committing, while a member of an unlawful assembly as defined in IC 35-45-1-1, a homicide (IC 35-42-1).
        (2) Actions in which a person is accused of assisting a criminal fugitive (IC 35-44-3-2) or obstruction of justice under IC 35-44-3-4(6), if the person alleged to have been assisted is a person described in subdivision (1) of this section.
        (3) Actions in which a sheriff is accused of any offense that involves a failure to protect the life of a prisoner in the sheriff's custody.
SOURCE: IC 11-12-3.7-6; (09)AM003402.2. -->     SECTION 2. IC 11-12-3.7-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. As used in this chapter, "violent offense" means one (1) or more of the following offenses:
        (1) Murder (IC 35-42-1-1).
        (2) Attempted murder (IC 35-41-5-1).
        (3) Voluntary manslaughter (IC 35-42-1-3).
        (4) Involuntary manslaughter (IC 35-42-1-4).
        (5) Reckless homicide (IC 35-42-1-5).
        (6) Aggravated battery (IC 35-42-2-1.5).
        (7) Battery (IC 35-42-2-1) as a Class A felony, Class B felony, or Class C felony.
        (8) Kidnapping (IC 35-42-3-2).
        (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that is a Class A felony, Class B felony, or Class C felony.
        (10) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A felony or Class B felony.
        (11) Incest (IC 35-46-1-3).
        (12) Robbery as a Class A felony or a Class B felony (IC 35-42-5-1).
        (13) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
        (14) Carjacking (IC 35-42-5-2).
        (15) Assisting a criminal fugitive as a Class C felony (IC 35-44-3-2).
        (16) Escape (IC 35-44-3-5) as a Class B felony or Class C felony.
        (17) Trafficking with an inmate as a Class C felony (IC 35-44-3-9).
        (18) Causing death when operating a motor vehicle (IC 9-30-5-5).
        (19) Criminal confinement (IC 35-42-3-3) as a Class B felony.
        (20) Arson (IC 35-43-1-1) as a Class A or Class B felony.
        (21) Possession, use, or manufacture of a weapon of mass destruction (IC 35-47-12-1).
        (22) Terroristic mischief (IC 35-47-12-3) as a Class B felony.
        (23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
        (24) A violation of IC 35-47.5 (Controlled explosives) as a Class A or Class B felony.
         (25) Obstruction of justice (IC 35-44-3-2) as a Class C felony.
        
(25) (26) A crime under the laws of another jurisdiction, including a military court, that is substantially similar to any of the offenses listed in this subdivision.
        (26) (27) Any other crimes evidencing a propensity or history of violence.
SOURCE: IC 31-37-4-3; (09)AM003402.3. -->     SECTION 3. IC 31-37-4-3, AS AMENDED BY P.L.3-2008, SECTION 240, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) This section applies if a child is arrested or taken into custody for allegedly committing an act that

would be any of the following crimes if committed by an adult:
        (1) Murder (IC 35-42-1-1).
        (2) Attempted murder (IC 35-41-5-1).
        (3) Voluntary manslaughter (IC 35-42-1-3).
        (4) Involuntary manslaughter (IC 35-42-1-4).
        (5) Reckless homicide (IC 35-42-1-5).
        (6) Aggravated battery (IC 35-42-2-1.5).
        (7) Battery (IC 35-42-2-1).
        (8) Kidnapping (IC 35-42-3-2).
        (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
        (10) Sexual misconduct with a minor (IC 35-42-4-9).
        (11) Incest (IC 35-46-1-3).
        (12) Robbery as a Class A felony or a Class B felony (IC 35-42-5-1).
        (13) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
        (14) Carjacking (IC 35-42-5-2).
        (15) Assisting a criminal fugitive as a Class C felony (IC 35-44-3-2).
        (16) Escape (IC 35-44-3-5) as a Class B felony or Class C felony.
        (17) Trafficking with an inmate as a Class C felony (IC 35-44-3-9).
        (18) Causing death when operating a motor vehicle (IC 9-30-5-5).
        (19) Criminal confinement (IC 35-42-3-3) as a Class B felony.
        (20) Arson (IC 35-43-1-1) as a Class A or Class B felony.
        (21) Possession, use, or manufacture of a weapon of mass destruction (IC 35-47-12-1).
        (22) Terroristic mischief (IC 35-47-12-3) as a Class B felony.
        (23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
        (24) A violation of IC 35-47.5 (controlled explosives) as a Class A or Class B felony.
        (25) A controlled substances offense under IC 35-48.
        (26) A criminal gang offense under IC 35-45-9.
         (27) Obstruction of justice (IC 35-44-3-2) as a Class C felony.
    (b) If a child is taken into custody under this chapter for a crime or act listed in subsection (a), the law enforcement agency that employs the law enforcement officer who takes the child into custody shall notify the chief administrative officer of the primary or secondary school, including a public or nonpublic school, in which the child is enrolled or, if the child is enrolled in a public school, the superintendent of the school district in which the child is enrolled:
        (1) that the child was taken into custody; and


        (2) of the reason why the child was taken into custody.
    (c) The notification under subsection (b) must occur within forty-eight (48) hours after the child is taken into custody.
    (d) A law enforcement agency may not disclose information that is confidential under state or federal law to a school or school district under this section.".
SOURCE: Page 1, line 2; (09)AM003402.1. -->     Page 1, line 2, delete "(a)".
    Page 1, line 4, strike "has committed a crime or".
    Page 1, line 7, strike "criminal, a Class A misdemeanor." and insert " fugitive, a Class D felony.".
    Page 1, line 7, delete ":".
    Page 1, strike lines 8 through 10.
    Page 1, line 11, strike "or a Class A felony, or" and insert " a Class C felony".
    Page 1, run in lines 7 through 11.
    Page 1, delete lines 13 through 17, begin a new paragraph, and insert:
SOURCE: IC 35-44-3-4; (09)AM003402.5. -->     "SECTION 5. IC 35-44-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) A person who:
        (1) knowingly or intentionally induces, by threat, coercion, or false statement, a witness or informant in an official proceeding or investigation to:
            (A) withhold or unreasonably delay in producing any testimony, information, document, or thing;
            (B) avoid legal process summoning him the person to testify or supply evidence; or
            (C) absent himself or herself from a proceeding or investigation to which he the person has been legally summoned;
        (2) knowingly or intentionally in an official criminal or juvenile delinquency proceeding or investigation:
            (A) withholds or unreasonably delays in producing any testimony, information, document, or thing after a court orders him the person to produce the testimony, information, document, or thing;
            (B) avoids legal process summoning him the person to testify or supply evidence; or
            (C) absents himself or herself from a proceeding or investigation to which he the person has been legally summoned;
        (3) alters, damages, or removes any record, document, or thing, with intent to prevent it from being produced or used as evidence

in any official proceeding or investigation;
        (4) makes, presents, or uses a false record, document, or thing with intent that the record, document, or thing, material to the point in question, appear in evidence in an official proceeding or investigation to mislead a public servant; or
        (5) communicates, directly or indirectly, with a juror otherwise than as authorized by law, with intent to influence the juror regarding any matter that is or may be brought before the juror; or
        (6) knowing or having reason to believe that a person has committed a crime or a delinquent act that would be a crime if committed by an adult, and with intent to hinder the apprehension or punishment of the person, harbors, conceals, or assists in the unlawful flight of the person;

commits obstruction of justice, a Class D felony. However, the offense is a Class C felony if the assistance given under subdivision (6) was providing a deadly weapon.
    (b) Subdivision (a)(2)(A) does not apply to:
        (1) a person who qualifies for a special privilege under IC 34-46-4 with respect to the testimony, information, document, or thing; or
        (2) a person who, as an:
            (A) attorney;
            (B) physician;
            (C) member of the clergy; or
            (D) husband or wife;
        is not required to testify under IC 34-46-3-1.
     (c) Subsection (a)(6) does not apply to the:
        (1) parent;
        (2) child; or
        (3) spouse;
of the person described in subsection (a)(6).

SOURCE: IC 35-47-4-5; (09)AM003402.6. -->     SECTION 6. IC 35-47-4-5, AS AMENDED BY P.L.151-2006, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of:
        (1) committing a serious violent felony in:
            (A) Indiana; or
            (B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
        (2) attempting to commit or conspiring to commit a serious violent felony in:
            (A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2;

or
            (B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
    (b) As used in this section, "serious violent felony" means:
        (1) murder (IC 35-42-1-1);
        (2) voluntary manslaughter (IC 35-42-1-3);
        (3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
        (4) battery as a:
            (A) Class A felony (IC 35-42-2-1(a)(5));
            (B) Class B felony (IC 35-42-2-1(a)(4)); or
            (C) Class C felony (IC 35-42-2-1(a)(3));
        (5) aggravated battery (IC 35-42-2-1.5);
        (6) kidnapping (IC 35-42-3-2);
        (7) criminal confinement (IC 35-42-3-3);
        (8) rape (IC 35-42-4-1);
        (9) criminal deviate conduct (IC 35-42-4-2);
        (10) child molesting (IC 35-42-4-3);
        (11) sexual battery as a Class C felony (IC 35-42-4-8);
        (12) robbery (IC 35-42-5-1);
        (13) carjacking (IC 35-42-5-2);
        (14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
        (15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
        (16) assisting a criminal fugitive as a Class C felony (IC 35-44-3-2);
        (17) resisting law enforcement as a Class B felony or Class C felony (IC 35-44-3-3);
        (18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
        (19) trafficking with an inmate as a Class C felony (IC 35-44-3-9);
        (20) criminal gang intimidation (IC 35-45-9-4);
        (21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
        (22) incest (IC 35-46-1-3);
        (23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
        (24) dealing in methamphetamine (IC 35-48-4-1.1);
        (25) dealing in a schedule I, II, or III controlled substance

(IC 35-48-4-2);
        (26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
        (27) dealing in a schedule V controlled substance (IC 35-48-4-4); or
        (28) obstruction of justice (IC 35-44-3-2) as a Class C felony.
    (c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Class B felony.".

SOURCE: Page 2, line 1; (09)AM003402.2. -->     Page 2, line 1, after "IC 35-44-3-2," insert " IC 35-44-3-4, and IC 35-47-4-5, all".
    Page 2, line 2, delete "applies" and insert "apply".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 34 as introduced.)

and when so amended that said bill do pass .

Committee Vote: Yeas 6, Nays 3.

____________________________________

Senator Steele, Chairperson


AM 003402/DI 106    2009