Introduced Version
HOUSE BILL No. 1103
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 35-36-9-1
;
IC 35-42-1
;
IC 35-50-2-8.3
.
Synopsis: Capital murder. Creates the criminal offense of capital
murder. Provides that a conviction for capital murder results in a
sentence of death unless: (1) a court determines that mitigating factors
outweigh aggravating factors; or (2) the defendant is found to be
mentally retarded.
Effective: July 1, 2003.
Bottorff
January 7, 2003, read first time and referred to Committee on Courts and Criminal Code.
Introduced
First Regular Session 113th General Assembly (2003)
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 2002 Regular or Special Session of the General Assembly.
HOUSE BILL No. 1103
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:
SOURCE: IC 35-36-9-1; (03)IN1103.1.1. -->
SECTION 1.
IC 35-36-9-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. This chapter applies
when a defendant is charged with:
(1) a murder for which the state seeks a death sentence under
IC 35-50-2-9
; or
(2) capital murder under
IC 35-42-1-1.5.
SOURCE: IC 35-42-1-1; (03)IN1103.1.2. -->
SECTION 2.
IC 35-42-1-1
, AS AMENDED BY P.L.17-2001,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. A person who:
(1) knowingly or intentionally kills another human being;
(2) kills another human being while committing or attempting to
commit arson, burglary,
child molesting, consumer product
tampering,
criminal deviate conduct, kidnapping,
rape, robbery,
or carjacking;
(3) kills another human being while committing or attempting to
commit:
(A) dealing in or manufacturing cocaine, a narcotic drug, or
methamphetamine (IC 35-48-4-1);
(B) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2);
(C) dealing in a schedule IV controlled substance
(IC 35-48-4-3); or
(D) dealing in a schedule V controlled substance; or
(4) knowingly or intentionally kills a fetus that has attained
viability (as defined in
IC 16-18-2-365
);
commits murder, a felony.
SOURCE: IC 35-42-1-1.5; (03)IN1103.1.3. -->
SECTION 3.
IC 35-42-1-1.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 1.5. A person who kills another person as part of an
episode of criminal conduct (as defined in
IC 35-50-1-2
(b)) in
which the person commits or attempts to commit child molesting
(IC 35-42-4-3), criminal deviate conduct (IC 35-42-4-2), or rape
(IC 35-42-4-1) against the other person commits capital murder.
SOURCE: IC 35-50-2-8.3; (03)IN1103.1.4. -->
SECTION 4.
IC 35-50-2-8.3
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 8.3. (a) The presumptive sentence for a person who
commits capital murder under
IC 35-42-1-1.5
is the death penalty.
However, if the court determines that the mitigating factors
considered under IC 35-38-1-7.1(c) outweigh the aggravating
factors considered under
IC 35-38-1-7.1(b)
, the sentence shall be
life imprisonment without parole.
(b) If a court determines that a person convicted of capital
murder under
IC 35-42-1-1.5
is a mentally retarded individual
under
IC 35-36-9
, the person shall receive a sentence of life
imprisonment without parole.
SOURCE: ; (03)IN1103.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2003]
IC 35-42-1-1.5
and
IC 35-50-2-8.3
, both as added by this act, apply to offenses
committed after June 30, 2003.