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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 287 be amended to read as follows:

SOURCE: Page 119, line 40; (12)MO028716.119. -->     Page 119, between lines 40 and 41, begin a new paragraph and insert:
SOURCE: IC 31-33-28; (12)MO028716.156. -->     "SECTION 156. IC 31-33-28 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 28. Grand Jury
    Sec. 1. (a) A court may call a grand jury under IC 35-34-2 into session, at the request of a prosecuting attorney, to hear and examine evidence concerning:
        (1) investigations and determinations made by the department concerning a child:
            (A) who is a child in need of services; or
            (B) whom the department investigated as a potential child in need of services; or
        (2) potential crimes that involved a child:
            (A) who is a child in need of services;
            (B) whom the department investigated as a potential child in need of services; or
            (C) who satisfies both clauses (A) and (B).
    Sec. 2. Except as set forth in this chapter, the court shall use the procedures set forth under IC 35-34-2 for a grand jury under this chapter.
    Sec. 3. (a) If a member of the grand jury has reason to believe that the department failed to properly investigate a child in need

of services or failed to properly request a juvenile court to authorize the filing of a petition that a child is a child in need of services under IC 31-34-9-1, the juror may report this information to fellow jurors who may then investigate the department's decision.
    (b) If a member of the grand jury has reason to believe that a crime occurred in the investigation of a child in need of services or involving a child who is the subject of a child in need of services investigation, the juror may report this information to fellow jurors who may then investigate the department's decision.
    Sec. 4. (a) A grand jury may deliberate whether the department failed to properly investigate a potential child in need of services or failed to properly request a juvenile court to authorize the filing of a petition that a child is a child in need of services.
    (b) If at least five (5) grand jurors determine that the department failed to investigate whether a child is a child in need of services or if the department failed to properly request a juvenile court to authorize the filing of a petition that a child is a child in need of services, the department shall reopen the investigation and the prosecutor shall request the juvenile court to authorize the filing of a petition that a child is a child in need of services. A determination under this section must be:

        (1) signed by the prosecuting attorney or a deputy prosecuting attorney; and
        (2) signed by the foreman of the grand jury or five (5) members of the grand jury.
    Sec. 5. If a grand jury determines that a crime occurred as described in section 3(b), the indictment procedures set forth in IC 35-34-2 apply.
".

SOURCE: Page 143, line 20; (12)MO028716.143. -->     Page 143, after line 20, begin a new paragraph and insert:
SOURCE: ; (12)MO028716.185. -->     "SECTION 185. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 287 as printed February 24, 2012.)

________________________________________

Representative DeLaney


MO028716/DI 107     2012