SB 465-1_ Filed 02/14/2011, 12:11
Adopted 2/14/2011
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Judiciary, to which was referred Senate Bill No. 465, 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; (11)CR046501.1. -->
Page 1, delete lines 1 through 17.
Delete pages 2 through 5.
Page 6, delete lines 1 through 20, begin a new paragraph and insert:
SOURCE: IC 12-18-8-6; (11)CR046501.1. -->
"SECTION 1. IC 12-18-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) A county may
establish a county domestic violence fatality review team for the
purpose of reviewing a death resulting from
or in connection with
domestic violence. The team shall review only those deaths in which:
(1) the person who commits the act of domestic violence resulting
in death:
(1) (A) is charged with a criminal offense that results in final
judgment; or
(2) (B) is deceased;
or
(2) the manner of death is suicide, and the deceased individual
was a victim of an act of domestic violence.
(b) The legislative body (as defined in IC 36-1-2-9) of a county must
determine by majority vote if the county will establish a local domestic
violence fatality review team.
(c) If a county elects not to establish a county domestic violence
fatality review team, the county may join with one (1) or more other
counties that have not established a county domestic violence fatality
review team and form a regional domestic violence fatality review
team.
(d) To establish a regional domestic violence fatality review team
as described in subsection (c), the legislative body of each county
comprising the region must cast a majority of votes in favor of
establishing a regional domestic violence fatality review team.".
SOURCE: Page 10, line 31; (11)CR046501.10. -->
Page 10, line 31, after "person" insert " approved by the
department who is".
Page 10, line 38, after "rejected" insert " the required number of
times".
Page 10, line 38, delete "the national crime information" and insert
" automated fingerprint classification equipment or rejected by a
person designated by the department to examine and classify
fingerprints;".
Page 10, delete line 39.
Page 11, line 8, strike "described in subdivision (1)(A)," and insert
" who is fourteen (14) years of age or older,".
Page 11, line 12, strike "described in" and insert " who is fourteen
(14) years of age or older".
Page 11, line 13, strike "subdivision (1)(A)".
Page 12, between lines 15 and 16, begin a new paragraph and insert:
SOURCE: IC 31-9-2-100.5; (11)CR046501.8. -->
"SECTION 8. IC 31-9-2-100.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 100.5. "Qualified medical
practitioner", for purposes of IC 31-9-2 means the following:
(1) A physician licensed under IC 25-22.5.
(2) A physician assistant licensed under IC 25-27.5.
(3) A physical therapist licensed under IC 25-27.
(4) An advanced practice nurse licensed under IC 25-23.
(5) A chiropractor licensed under IC 25-10.
(6) A psychologist licensed under IC 25-33.".
SOURCE: Page 13, line 6; (11)CR046501.13. -->
Page 13, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: IC 31-14-14-5; (11)CR046501.14. -->
"SECTION 14. IC 31-14-14-5, AS AMENDED BY P.L.68-2005,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5. (a) This section applies if a court finds that a
noncustodial parent has been convicted of a crime involving domestic
or family violence that was witnessed or heard by the noncustodial
parent's child.
(b) There is created a rebuttable presumption that the court shall
order that the noncustodial parent's parenting time with the child must
be supervised:
(1) for at least one (1) year and not more than two (2) years
immediately following the crime involving domestic or family
violence; or
(2) until the child becomes emancipated;
whichever occurs first.
(c) As a condition of granting the noncustodial parent
unsupervised parenting time, the court may require the
noncustodial parent to complete a batterer's intervention program
certified by the Indiana coalition against domestic violence.
SOURCE: IC 31-17-2-8.3; (11)CR046501.15. -->
SECTION 15. IC 31-17-2-8.3, AS AMENDED BY P.L.68-2005,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8.3. (a) This section applies if a court finds that a
noncustodial parent has been convicted of a crime involving domestic
or family violence that was witnessed or heard by the noncustodial
parent's child.
(b) There is created a rebuttable presumption that the court shall
order that the noncustodial parent's parenting time with the child must
be supervised:
(1) for at least one (1) year and not more than two (2) years
immediately following the crime involving domestic or family
violence; or
(2) until the child becomes emancipated;
whichever occurs first.
(c) As a condition of granting the noncustodial parent
unsupervised parenting time, the court may require the
noncustodial parent to complete a batterer's intervention program
certified by the Indiana coalition against domestic violence.".
SOURCE: Page 14, line 13; (11)CR046501.14. -->
Page 14, line 13, after "(f)" insert "
or (g)".
Page 14, between lines 30 and 31, begin a new paragraph and insert:
"
(g) The parents of a child who is a ward of the department may
execute a second or subsequent consent if:
(1) the court with jurisdiction over the child in need of
services determines that adoption by the person to whom
consents were originally signed is not in the child's best
interest; or
(2) if the child's placement with the person who has petitioned
or intends to petition to adopt the child is disrupted.".
Page 17, line 15, after "parent" insert " or the adoptive parent".
Page 17, line 20, after "adoptive" insert " parent or the adoptive".
Page 17, line 28, after "adoptive" insert " parent or the adoptive".
Page 17, line 35, strike "an" and insert " a".
Page 17, line 35, after "parent" insert ", an adoptive parent,".
Page 17, line 37, after "parent" insert ", the adoptive parent,".
Page 26, delete lines 8 through 17.
Page 26, line 18, reset in roman "(e)".
Page 26, line 18, delete "(f)".
Page 26, line 26, reset in roman "(f)".
Page 26, line 26, delete "(g)".
Page 26, line 33, after "desirable" insert ",".
Page 26, line 33, strike "or".
Page 26, line 36, delete "parent." and insert " parent, or it is
otherwise in the foster child's best interests.".
Page 26, line 37, delete "(h)" and insert " (g)".
Page 26, line 42, after "home" insert " unless it is in the best
interests of the child being placed".
Page 27, line 1, delete "(i)" and insert " (h)".
Page 27, line 5, delete "(j)" and insert " (i)".
Page 27, line 8, reset in roman "(f).".
Page 27, line 8, delete "(g).".
Page 27, line 9, delete "(k)" and insert " (j)".
Page 27, line 12, reset in roman "(e)".
Page 27, line 12, delete "(f).".
Page 27, delete lines 13 through 18.
Page 27, line 19, delete "therapeutic foster family home.", begin a
new paragraph and insert:
" (k) If a therapeutic foster family home does not meet the
requirements under subsections (f) or (g) on July 1, 2011, any
foster child placed in the home prior to July 1, 2011, may remain
placed.".
Page 28, line 15, delete "or" and insert ",".
Page 28, line 17, delete "parents." and insert " parents, or it is
otherwise in the foster child's best interests.".
Page 28, delete lines 38 through 42.
Page 29, delete line 1.
Page 29, line 2, delete "foster family home.", begin a new paragraph
and insert:
"
(k) If a special needs foster family home does not meet the
requirements under subsection (f) on July 1, 2011, any foster child
placed in the home prior to July 1, 2011 may remain placed.".
Page 34, line 2, delete "or".
Page 34, line 4, delete "." and insert "
; or
(3) it is otherwise in the foster child's best interests.".
Page 34, delete lines 9 through 13.
Page 34, line 14, delete "time that the child may remain in the foster
family home.", begin a new paragraph and insert:
"
(e) If a foster family home does not meet the requirements
under subsection (a) on July 1, 2011, any foster child placed in the
home prior to July 1, 2011 may remain placed.".
Page 52, line 32, strike "or".
Page 52, line 33, delete "." and insert ";
(7) a licensed psychologist;
(8) a child caring institution licensed under IC 31-27;
(9) a group home licensed under IC 31-27 or IC 12-28-4;
(10) a secure private facility; or
(11) a child placing agency (as defined in IC 31-9-2-17.5).".
Page 53, line 6, strike "case" and insert "
assessment".
Page 53, strike lines 7 through 9.
Page 53, line 10, strike "(6)" and insert "
(4)".
Page 53, strike lines 12 through 23.
Page 53, line 24, strike "(14)" and insert "
(5)".
Page 53, line 25 strike "(15)" and insert "
(6)".
Page 53, line 26 strike "(16)" and insert "
(7)".
Page 59, between lines 32 and 33, begin a new paragraph and insert:
SOURCE: IC 31-33-25-7; (11)CR046501.49. -->
"SECTION 49. IC 31-33-25-7, AS AMENDED BY P.L.225-2007,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 7. (a) A child fatality review conducted by the
statewide child fatality review committee under this chapter must
consist of determining:
(1) whether similar future deaths could be prevented; and
(2) agencies or resources that should be involved to adequately
prevent future deaths of children.
(b) In conducting the child fatality review under subsection (a), the
statewide child fatality review committee shall review every record
concerning the deceased child that is held by:
(1) the department of child services; or
(2) a local child fatality review team.
(c) If the statewide child fatality review committee requests records
from a hospital, physician, coroner, or mental health professional
regarding a death that the statewide child fatality review committee is
investigating, the hospital, physician, coroner, or mental health
professional shall provide the requested records, subject to
IC 34-30-15, to the statewide child fatality review committee.
(d) After reviewing records provided by the department of child
services, the statewide child fatality review committee may prepare
and submit a fatality report containing findings and
recommendations to the department of child services.
SOURCE: IC 31-33-25-13; (11)CR046501.50. -->
SECTION 50. IC 31-33-25-13, AS AMENDED BY P.L.225-2007,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 13. (a) The department shall collect and document
information surrounding the deaths of children reviewed by the
statewide child fatality review committee. The department shall
develop a data collection form that includes:
(1) identifying and nonidentifying information;
(2) information regarding the circumstances surrounding a death;
(3) factors contributing to a death; and
(4) findings and recommendations.
(b) The data collection form developed under this section must also
be provided to:
(1) the appropriate community child protection team established
under IC 31-33-3;
(2) the appropriate:
(A) local health department established under IC 16-20-2; or
(B) multiple county health department established under
IC 16-20-3; and
(3) the appropriate coroner and the pathologist who performed the
autopsy on the child.
(c) If the department has received a fatality report containing
findings and recommendations from the statewide child fatality
review committee under section 7(d) of this chapter, the
department shall include this report in the documentation collected
under subsection (a).".
SOURCE: Page 75, line 26; (11)CR046501.75. -->
Page 75, between lines 26 and 27, begin a new paragraph and insert:
SOURCE: IC 35-40-7-2; (11)CR046501.69. -->
"SECTION 69. IC 35-40-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. Upon request of a
victim, the office of the prosecuting attorney having jurisdiction or a
law enforcement agency having custody of a person accused of a crime
against the victim shall notify the victim of the scheduling of a bond
hearing, the escape or death of a person accused of committing a crime
against the victim, release of a person convicted of a crime against the
victim to a work release program, or any other type of postarrest release
of a person convicted of a crime or charged with a crime against the
victim.
SOURCE: IC 35-40-10-1; (11)CR046501.70. -->
SECTION 70. IC 35-40-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) A victim shall
provide to and maintain with the agency that is responsible for
providing notice to the victim a request for notice on a form that is
provided by that agency. The form must include a telephone number,
electronic mail address, and mailing address for the victim. If the
victim fails to keep the victim's telephone number and address current,
the agency may withdraw the victim's request for notice.
(b) A victim may restore a request for notice of subsequent
proceedings by filing, on a request form provided by an agency, the
victim's current telephone number, electronic mail address, and
mailing address.
SOURCE: IC 35-40-12-4; (11)CR046501.71. -->
SECTION 71. IC 35-40-12-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) This section
applies if the victim is an entity other than an individual.
(b) A request for notice under IC 35-40-10 must identify the name,
electronic mail address, and the mailing address of the person who is
to receive notices and consultations on behalf of the entity.
SOURCE: IC 35-50-9-1; (11)CR046501.72. -->
SECTION 72. IC 35-50-9-1, AS ADDED BY P.L.94-2010,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) At the time of sentencing for a person
convicted of domestic battery under IC 35-42-2-1.3 or a crime that
involved domestic abuse, neglect, or violence, the court may require
the person to complete a batterer's intervention program approved by
the court.
(b) The person convicted of domestic battery or another crime
described in subsection (a) shall pay all expenses of the batterer's
intervention program.
(c) The batterer's intervention program must be a certified an
intervention program certified by the Indiana coalition against
domestic violence.".
Renumber all SECTIONS consecutively.
(Reference is to SB 465 as introduced.)
and when so amended that said bill do pass.
Committee Vote: Yeas 6, Nays 0.
____________________________________
Bray
CR046501/DI 106 2011