February 19, 2010





ENGROSSED

SENATE BILL No. 71

_____


DIGEST OF SB 71 (Updated February 17, 2010 4:13 pm - DI 69)



Citations Affected: IC 35-42.

Synopsis: Involuntary manslaughter and pregnancy. Provides that a person commits involuntary manslaughter if the person causes the death of a fetus while committing or attempting to commit operating while intoxicated.

Effective: July 1, 2010.





Paul , Steele , Young R Michael, Delph, Head, Walker, Waterman
(HOUSE SPONSORS _ PFLUM, DAVIS, SAUNDERS, KNOLLMAN)




    January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    January 14, 2010, amended, reported favorably _ Do Pass.
    January 19, 2010, read second time, ordered engrossed. Engrossed.
    January 21, 2010, read third time, passed. Yeas 50, nays 0.

HOUSE ACTION

    February 9, 2010, read first time and referred to Committee on Courts and Criminal Code.
    February 18, 2010, reported _ Do Pass.






February 19, 2010

Second Regular Session 116th General Assembly (2010)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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ENGROSSED

SENATE BILL No. 71



    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 35-42-1-4; (10)ES0071.1.1. -->     SECTION 1. IC 35-42-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) As used in this section, "child care provider" means a person who provides child care in or on behalf of:
        (1) a child care center (as defined in IC 12-7-2-28.4); or
        (2) a child care home (as defined in IC 12-7-2-28.6);
regardless of whether the child care center or child care home is licensed.
    (b) As used in this section, "fetus" means a fetus that has attained viability (as defined in IC 16-18-2-365).
    (c) A person who kills another human being while committing or attempting to commit:
        (1) a Class C or Class D felony that inherently poses a risk of serious bodily injury;
        (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or
        (3) battery;
commits involuntary manslaughter, a Class C felony. However, if the killing results from the operation of a vehicle, the offense is a Class D felony.
    (d) A person who kills a fetus while committing or attempting to commit:
        (1) a Class C or Class D felony that inherently poses a risk of serious bodily injury;
        (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or
        (3) battery; or
        (4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated);

commits involuntary manslaughter, a Class C felony. However, if the killing results from the operation of a vehicle, the offense is a Class D felony.
    (e) If:
        (1) a child care provider recklessly supervises a child; and
        (2) the child dies as a result of the child care provider's reckless supervision;
the child care provider commits involuntary manslaughter, a Class D felony.