HOUSE BILL No. 1007
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-42-2-1.3.
Synopsis: Domestic battery. Increases the penalties for domestic
battery. Makes a technical correction.
Effective: July 1, 2010.
Duncan, Lawson L
January 5, 2010, read first time and referred to Committee on Courts and Criminal Code.
Second Regular Session 116th General Assembly (2010)
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HOUSE BILL No. 1007
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 35-42-2-1.3; (10)IN1007.1.1. -->
SECTION 1. IC 35-42-2-1.3, AS AMENDED BY P.L.129-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1.3. (a) A person who knowingly or intentionally
touches an individual who:
(1) is or was a spouse of the other person;
(2) is or was living as if a spouse of the other person as provided
in subsection (c); or
(3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the
person described in subdivision (1), (2), or (3) commits domestic
Class A misdemeanor. Class D felony.
(b) However, the offense under subsection (a) is a
Class D Class C
felony if the person who committed the offense:
(1) has a previous, unrelated conviction:
(A) under this section;
(or IC 35-42-2-1(a)(2)(E) before its
(B) in any other jurisdiction, including a military court, in
which the elements of the crime for which the conviction was
entered are substantially similar to the elements described in
this section; or
(2) committed the offense in the physical presence of a child less
than sixteen (16) years of age, knowing that the child was present
and might be able to see or hear the offense.
(c) In considering whether a person is or was living as a spouse of
another individual in subsection (a)(2), the court shall review the
(1) The duration of the relationship.
(2) The frequency of contact.
(3) The financial interdependence.
(4) Whether the two (2) individuals are raising children together.
(5) Whether the two (2) individuals have engaged in tasks
directed toward maintaining a common household.
(6) Other factors the court considers relevant.