January 12, 2004, read first time and referred to Committee on Criminal, Civil and Public
Policy.
Introduced
Second Regular Session 113th General Assembly (2004)
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 2003 Regular Session of the General Assembly.
SENATE BILL No. 329
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-2-12-4, AS AMENDED BY P.L.116-2002,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 4. (a) As used in this chapter, "offender" means
a person convicted of any of the following sex and violent offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or
Class C felony (IC 35-42-4-9).
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age.
(13)
Murder (IC 35-42-1-1).
(14) Voluntary manslaughter (IC 35-42-1-3).
(15) Battery (IC 35-42-2-1) resulting in:
(A) serious bodily injury to; or
(B) the death of;
a child less than eighteen (18) years of age.
(16) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through
(12) (15).
(14) (17) A crime under the laws of another jurisdiction,
including a military court, that is substantially equivalent to any
of the offenses listed in subdivisions (1) through
(13) (16).
(b) The term includes a child who has committed a delinquent act
and who:
(1) is at least fourteen (14) years of age;
(2) is on probation, is on parole, or is discharged from a facility by
the department of correction, is discharged from a secure private
facility (as defined in IC 31-9-2-115), or is discharged from a
juvenile detention facility as a result of an adjudication as a
delinquent child for an act that would be an offense described in
subsection (a) if committed by an adult; and
(3) is found by a court by clear and convincing evidence to be
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.