January 16, 2001, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
Introduced
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
SENATE BILL No. 342
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1.
IC 35-42-2-1
, AS AMENDED BY P.L.43-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 1. (a) A person who knowingly or intentionally
touches another person in a rude, insolent, or angry manner commits
battery, a Class B misdemeanor. However, the offense is:
(1) a Class A misdemeanor if:
(A) it results in bodily injury to any other person;
(B) it is committed against a law enforcement officer or
against a person summoned and directed by the officer while
the officer is engaged in the execution of his official duty;
(C) it is committed against an employee of a penal facility or
a juvenile detention facility (as defined in
IC 31-9-2-71
) while
the employee is engaged in the execution of the employee's
official duty; or
(D) it is committed against a firefighter (as defined in
IC 9-18-34-1
) while the firefighter is engaged in the execution
of the firefighter's official duty;
(2) a Class D felony if it results in bodily injury to:
(A) a law enforcement officer or a person summoned and
directed by a law enforcement officer while the officer is
engaged in the execution of his official duty;
(B) a person less than fourteen (14) years of age and is
committed by a person at least eighteen (18) years of age;
(C) a person of any age who is mentally or physically disabled
and is committed by a person having the care of the mentally
or physically disabled person, whether the care is assumed
voluntarily or because of a legal obligation;
(D) the other person and the person who commits the battery
was previously convicted of a battery in which the victim was
the other person;
(E) an endangered adult (as defined by
IC 35-46-1-1
);
(F) an employee of the department of correction while the
employee is engaged in the execution of the employee's
official duty;
(G) an employee of a school corporation while the employee
is engaged in the execution of the employee's official duty;
(H) a correctional professional while the correctional
professional is engaged in the execution of the correctional
professional's official duty;
(I) a person who is a health care provider (as defined in
IC 16-18-2-163
) while the health care provider is engaged in
the execution of the health care provider's official duty;
(J) an employee of a penal facility or a juvenile detention
facility (as defined in
IC 31-9-2-71
) while the employee is
engaged in the execution of the employee's official duty;
or
(K) a firefighter (as defined in
IC 9-18-34-1
) while the
firefighter is engaged in the execution of the firefighter's
official duty;
or
(L) the other person and is witnessed by:
(i) a minor child or stepchild; or
(ii) a minor child residing within the household;
of the other person or of the person who commits the
offense;
(3) a Class C felony if it results in serious bodily injury to any
other person or if it is committed by means of a deadly weapon;
and
(4) a Class B felony if it results in serious bodily injury to a
person less than fourteen (14) years of age and is committed by a
person at least eighteen (18) years of age.
(b) For purposes of this section:
(1) "law enforcement officer" includes an alcoholic beverage
enforcement officer; and
(2) "correctional professional" means a:
(A) probation officer;
(B) parole officer;
(C) community corrections worker; or
(D) home detention officer.
SECTION 2.
IC 35-42-2-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) As used in this
section, "hazing" means forcing or requiring another person:
(1) with or without the consent of the other person; and
(2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.
(b) A person who recklessly, knowingly, or intentionally performs:
(1) an act that creates a substantial risk of bodily injury to another
person; or
(2) hazing;
commits criminal recklessness, a Class B misdemeanor. However, the
offense is a:
(1) Class A misdemeanor if the conduct includes the use of a
vehicle;
(2) Class D felony if it is:
(A) committed while armed with a deadly weapon; or
(B) witnessed by:
(i) a minor child or stepchild; or
(ii) a minor child residing within the household;
of the victim or of the person who commits the offense or
of the victim; and
(3) Class C felony if it is committed by shooting a firearm from a
vehicle into an inhabited dwelling or other building or place
where people are likely to gather.
(c) A person who recklessly, knowingly, or intentionally:
(1) inflicts serious bodily injury on another person; or
(2) performs hazing that results in serious bodily injury to a
person;
commits criminal recklessness, a Class D felony. However, the offense
is a Class C felony if committed by means of a deadly weapon.
(d) A person, other than a person who has committed an offense
under this section or a delinquent act that would be an offense under
this section if the violator was an adult, who:
(1) makes a report of hazing in good faith;
(2) participates in good faith in a judicial proceeding resulting
from a report of hazing;
(3) employs a reporting or participating person described in
subdivision (1) or (2); or
(4) supervises a reporting or participating person described in
subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might
otherwise be imposed because of the report or participation.
(e) A person described in subsection (d)(1) or (d)(2) is presumed to
act in good faith.
(f) A person described in subsection (d)(1) or (d)(2) may not be
treated as acting in bad faith solely because the person did not have
probable cause to believe that a person committed:
(1) an offense under this section; or
(2) a delinquent act that would be an offense under this section if
the offender was an adult.
SECTION 3. [EFFECTIVE JULY 1, 2001]
IC 35-42-2-1
and
IC 35-42-2-2
, both as amended by this act, apply only to crimes
committed after June 30, 2001.