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:
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
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).
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.".
and when so amended that said bill do pass .
Committee Vote: Yeas 6, Nays 3.