Citations Affected:
IC 20-12-70
; IC 31-37;
IC 35-47-10-5
;
IC 35-50-2-2.
Synopsis: Possession of firearms by minors. Increases the penalty for
dangerous possession of a firearm from a Class A misdemeanor to a
Class D felony. Provides for a nonsuspendible period of incarceration.
Makes dangerous possession of a firearm by a child who is less than 16
years of age a delinquent act under the exclusive jurisdiction of the
juvenile court. (Current law does not address the appropriate
jurisdiction for a case involving the dangerous possession of a firearm
by a child who is less than 16 years of age.) Provides for a minimum
period of confinement in a secure facility for violations occurring in a
public safety improvement area established by the city legislative body
in Indianapolis, Fort Wayne, Evansville, Gary, South Bend, Hammond,
Muncie, Bloomington, Anderson, Terre Haute, Kokomo, Lafayette,
Elkhart, Mishawaka, Richmond, or New Albany. Makes conforming
changes.
Effective: July 1, 2000.
November 18, 1999, read first time and referred to Committee on Corrections, Criminal
and Civil Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
SECTION 1.
IC 20-12-70-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. As used in this
chapter, "eligible student" means a student who meets the following
requirements:
(1) Is a resident of Indiana.
(2) Is enrolled in grade 8 at a public or an accredited nonpublic
school.
(3) Is eligible for free or reduced priced lunches under the
national school lunch program.
(4) Agrees in writing, together with the student's custodial parents
or guardian, that the student will:
(A) graduate from a secondary school located in Indiana that
meets the admission criteria of an institution of higher
learning;
(B) not illegally use controlled substances (as defined in
IC 35-48-1-9);
(C) not commit a crime or infraction described in
IC 9-30-5
;
(3) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class D felony for which the person is
being sentenced. However, the court may suspend the minimum
sentence for the crime only if the court orders home detention
under
IC 35-38-1-21
or
IC 35-38-2.5-5
instead of the minimum
sentence specified for the crime under this chapter.
(4) The felony committed was:
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A
felony;
(H) child molesting (IC 35-42-4-3) as a Class A or Class B
felony;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or
with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily
injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury
or with a deadly weapon;
(L) resisting law enforcement (IC 35-44-3-3) with a deadly
weapon;
(M) escape (IC 35-44-3-5) with a deadly weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine or a narcotic drug (IC 35-48-4-1) as a
Class A felony;
(P) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2) if the amount of controlled substance involved
has an aggregate weight of three (3) grams or more;
(Q) an offense under
IC 9-30-5
(operating a vehicle while
intoxicated) and the person who committed the offense has
accumulated at least two (2) prior unrelated convictions under
IC 9-30-5
; or
(R) aggravated battery (IC 35-42-2-1.5).
(c) Except as provided in subsection (e), whenever the court
suspends a sentence for a felony, it shall place the person on probation
under
IC 35-38-2
for a fixed period to end not later than the date that
the maximum sentence that may be imposed for the felony will expire.
(d) The minimum sentence for a person convicted of voluntary
manslaughter may not be suspended unless the court finds at the
sentencing hearing that the crime was not committed by means of a
deadly weapon.
(e) Whenever the court suspends that part of an offender's (as
defined in
IC 5-2-12-4
) sentence that is suspendible under subsection
(b), the court shall place the offender on probation under
IC 35-38-2
for
not more than ten (10) years.
(f) An additional term of imprisonment imposed under
IC 35-50-2-11
may not be suspended.
(g) A term of imprisonment imposed under
IC 35-47-10-6
or
IC 35-47-10-7
may not be suspended if the commission of the offense
was knowing or intentional.
(h) A term of imprisonment imposed for an offense under
IC 35-48-4-6
(b)(1)(B) may not be suspended.
(i) A court may suspend only that part of the term of
imprisonment that is in excess of the minimum sentence for an
offense under
IC 35-47-10-5
if:
(1) the offender is at least sixteen (16) years of age;
(2) the commission of the offense involved the knowing or
intentional possession of a firearm that was capable of being
concealed on the body, in the clothing, or under the clothing
of the offender; and
(3) the offense was committed in a public safety improvement
area established under
IC 36-8-19.5.
The court may not place an offender described in this subsection
on home detention under
IC 35-38-1-21
or in a community
correction program under
IC 35-38-2.6.