SB 114-1_ Filed 02/18/2013, 10:02 Head

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 114 be amended to read as follows:

SOURCE: Page 1, line 1; (13)MO011401.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 12-7-2-53.2; (13)MO011401.1. -->     "SECTION 1. IC 12-7-2-53.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 53.2. "Dangerous felony", for purposes of IC 12-17.2, means one (1) or more of the following felonies:
        (1) Murder (IC 35-42-1-1).
        (2) Attempted murder (IC 35-41-5-1).
        (3) Voluntary manslaughter (IC 35-42-1-3).
        (4) Involuntary manslaughter (IC 35-42-1-4).
        (5) Reckless homicide (IC 35-42-1-5).
        (6) Aggravated battery (IC 35-42-2-1.5).
        (7) Kidnapping (IC 35-42-3-2).
        (8) Rape (IC 35-42-4-1).
        (9) Criminal deviate conduct (IC 35-42-4-2).
        (10) Child molesting (IC 35-42-4-3).
        (11) Sexual misconduct with a minor as a Class A felony under IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2).
        (12) Robbery as a Class A or Class B felony (IC 35-42-5-1).
        (13) Burglary as a Class A or Class B felony (IC 35-43-2-1).
        (14) A felony committed in another jurisdiction that is substantially similar to a felony in this section.
".
SOURCE: Page 3, line 40; (13)MO011401.3. -->     Page 3, line 40, delete "felony;" and insert "felony:
                 (i) related to the health or safety of a child;
                (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
                (iii) that is a dangerous felony; or
                (iv) that is not a felony otherwise described in item (i) through (iii), and less than five (5) years have elapsed

from the date the person was discharged from probation, imprisonment, or parole, whichever is latest;".
    Page 4, line 2, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;".
    Page 4, line 5, delete "jurisdiction." and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child.".
    Page 4, line 9, delete "felony;" and insert "felony:
             (A) related to the health or safety of a child;
            (B) that is a sex offense (as defined in IC 11-8-8-5.2);
            (C) that is a dangerous felony; or
            (D) that is not a felony otherwise described in clause (A) through (C), and less than five (5) years have elapsed
from the date the person was discharged from probation, imprisonment, or parole, whichever is latest;".
    Page 4, line 13, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;".
    Page 4, line 16, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child.".
    Page 4, line 41, delete "felony;" and insert "felony:
                 (i) related to the health or safety of a child;
                (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
                (iii) that is a dangerous felony; or
                (iv) that is not a felony otherwise described in item (i) through (iii), and less than five (5) years have elapsed
from the date the person was discharged from probation, imprisonment, or parole, whichever is latest;".
    Page 5, line 3, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;".
    Page 5, line 6, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;".
    Page 5, line 12, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;".
    Page 5, line 15, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;".
    Page 5, line 35, delete "felony;" and insert "felony:
                 (i) related to the health or safety of a child;
                (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
                (iii) that is a dangerous felony; or


                (iv) that is not a felony otherwise described in item (i) through (iii), and less than five (5) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever is latest;".
    Page 5, line 39, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;".
    Page 5, line 42, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;".
    Page 6, line 6, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;".
    Page 6, line 9, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;".
    Page 7, line 19, delete "felony;" and insert " felony:
                 (i) related to the health or safety of a child;
                (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
                (iii) that is a dangerous felony; or
                (iv) that is not a felony otherwise described in item (i) through (iii), and less than five (5) years have elapsed
from the date the person was discharged from probation, imprisonment, or parole, whichever is latest;".
    Page 7, line 25, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;".
    Page 7, line 29, delete "jurisdiction;" and insert " jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 114 as printed February 15, 2013.)

________________________________________

Senator HEAD


MO011401/DI 106
2013