Introduced Version






SENATE BILL No. 342

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-42-2-1 ; IC 35-42-2-2.

Synopsis: Violence witnessed by children. Raises the penalty for battery from a Class A misdemeanor to a Class D felony if the offense is witnessed by: (1) a minor child or stepchild; or (2) a minor child residing within the household of the victim or of the person who commits the offense. Raises the penalty for criminal recklessness from a Class B misdemeanor to a Class D felony if the offense is witnessed by: (1) a minor child or stepchild; or (2) a minor child residing within the household of the victim or of the person who commits the offense.

Effective: July 1, 2001.





Zakas




    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.
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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.