SB 71-1_ Filed 01/14/2010, 09:46
Adopted 1/14/2010

COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Corrections, Criminal, and Civil Matters, to which was referred Senate Bill No. 71, 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:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 35-42-1-4; (10)CR007101.1. -->     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.
    (Reference is to SB 71 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 9, Nays 0.

____________________________________

    Steele
Chairperson


CR007101/DI 106    2010