I move that House Bill 1138 be amended to read as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1.
IC 35-47-1-2.6
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 2.6. "Assault weapon" means a
firearm that shoots automatically more than one (1) shot without
manual reloading by a single function of the trigger.
SOURCE: IC 35-47-2-7; (01)LS6718.2. -->
SECTION 2.
IC 35-47-2-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) Except an
individual acting within a parent-minor child or guardian-minor
protected person relationship or any other individual who is also acting
in compliance with
IC 35-47-10
, a person may not sell, give, or in any
other manner transfer the ownership or possession of a handgun or
assault weapon (as defined in IC 35-50-2-11) to any person under
eighteen (18) years of age.
(b) It is unlawful for a person to sell, give, or in any manner
transfer the ownership or possession of a handgun to another person
who the person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) adjudicated a delinquent child for an act that would be
a felony if committed by an adult, if the person seeking to
obtain ownership or possession of the handgun is less than
twenty-three (23) years of age;
(2) is a drug abuser;
be
served consecutively.
SOURCE: IC 35-50-2-11; (01)LS6718.4. -->
SECTION 4.
IC 35-50-2-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. (a) As used in this
section, "firearm" has the meaning set forth in
IC 35-47-1-5.
(b) As used in this section, "offense" means an offense that is
eligible to be sentenced as
(1) a felony. under IC 35-42 that resulted in death or serious
bodily injury;
(2) kidnapping; or
(3) criminal confinement as a Class B felony.
(c) The state may seek, on a page separate from the rest of a
charging instrument, to have a person who allegedly committed an
offense sentenced to an additional fixed term of imprisonment if the
state can show beyond a reasonable doubt that the person knowingly or
intentionally used a firearm in the commission of the offense.
(d) If after a sentencing hearing a court finds that a person who
committed an offense used a firearm in the commission of the offense
the court may sentence the person to an additional fixed term of
imprisonment of five (5) years.
(e) A person is assigned to Class III under
IC 35-50-6
during
the time that the person is serving a fixed term of imprisonment
imposed under this section. Credit time earned under
IC 35-50-6-3.3
does not apply to a term of imprisonment imposed
under this section. The term of imprisonment imposed under this
section is in addition to any other sentence imposed because the
person used, drew, possessed, or threatened to use a firearm,
another deadly weapon, or other deadly force in the commission of
an offense.
SOURCE: IC 35-50-6-4; (01)LS6718.5. -->
SECTION 5.
IC 35-50-6-4
, AS AMENDED BY P.L.90-2000,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 4. (a) Except as provided in
IC 35-50-2-11
, a
person imprisoned for a crime or imprisoned awaiting trial or
sentencing is initially assigned to Class I.
(b) A person may be reassigned to Class II or Class III if he
violates any of the following:
(1) A rule of the department of correction.
(2) A rule of the penal facility in which he is imprisoned.
(3) A rule or condition of a community transition program.
However, a violation of a condition of parole or probation may not be
the basis for reassignment. Before a person may be reassigned to a
lower credit time class, he must be granted a hearing to determine his
guilt or innocence and, if found guilty, whether reassignment is an
appropriate disciplinary action for the violation. The person may waive
his right to the hearing.
(c) In connection with the hearing granted under subsection (b),
the person is entitled to:
(1) have not less than twenty-four (24) hours advance written
notice of the date, time, and place of the hearing, and of the
alleged misconduct and the rule the misconduct is alleged to
have violated;
(2) have reasonable time to prepare for the hearing;
(3) have an impartial decisionmaker;
(4) appear and speak in his own behalf;
(5) call witnesses and present evidence;
(6) confront and cross-examine each witness, unless the hearing
authority finds that to do so would subject a witness to a
substantial risk of harm;
(7) have the assistance of a lay advocate (the department may
require that the advocate be an employee of, or a fellow prisoner
in, the same facility or program);
(8) have a written statement of the findings of fact, the evidence
relied upon, and the reasons for the action taken;
(9) have immunity if his testimony or any evidence derived from
his testimony is used in any criminal proceedings; and
(10) have his record expunged of any reference to the charge if
he is found not guilty or if a finding of guilt is later overturned.
Any finding of guilt must be supported by a preponderance of the
evidence presented at the hearing.
(d) A person may be reassigned from Class III to Class I or Class
II or from Class II to Class I. A person's assignment to Class III or Class
II shall be reviewed at least once every six (6) months to determine if
he should be reassigned to a higher credit time class.
SOURCE: ; (01)LS6718.6. -->
SECTION 6. [EFFECTIVE JULY 1, 2001]
IC 35-50-1-2
and
IC 35-50-2-11
, both as amended by this act, apply only to offenses
committed after June 30, 2001.
IC 35-50-1-2
and
IC 35-50-2-11
, as
effective before the amendment by this act, apply to offenses
committed before July 1, 2001. The amendment of
IC 35-50-1-2
and
IC 35-50-2-11
by this act shall not be construed to reduce the
sentence of any offender sentenced under
IC 35-50-2-11
, as
effective before the amendment by this act, or
IC 35-50-2-13
, or
both.
"
Renumber all SECTIONS consecutively.
(Reference is to HB 1138 as printed February 22, 2001.)