SOURCE: Page 32, line 31; (05)AM139801.32. -->
Page 32, delete lines 31 through 42.
Delete pages 33 through 36.
Page 37, delete lines 1 through 26.
Page 63, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: IC 13-14-9-3; (05)AM139801.58. -->
"SECTION 58. IC 13-14-9-3, AS AMENDED BY P.L.240-2003,
SECTION 4, AND AS AMENDED BY P.L.282-2003, SECTION 35,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Except as provided in
subsection (b), the department shall provide notice in the Indiana
Register of the first public comment period required by section 2 of this
chapter. A notice provided under this section must do the following:
(1) Identify the authority under which the proposed rule is to be
adopted.
(2) Describe the subject matter and the basic purpose of the
proposed rule. The description required by this subdivision must:
(A) include a listing of all alternatives being considered by the
department at the time of the notice; and must
(B) include:
(i) a statement indicating whether each alternative listed
under clause (A) is imposed under federal law;
(ii) a statement explaining how each alternative listed under
clause (A) that is not imposed under federal law differs from
federal law; and
(iii) any information known to the department about the
potential fiscal impact of each alternative under clause (A)
that is not imposed under federal law; and
(C) set forth the basis for each alternative listed under clause
(A).
(3) Describe the relevant statutory or regulatory requirements or
restrictions relating to the subject matter of the proposed rule that
exist before the adoption of the proposed rule.
(4) Request the submission of alternative ways to achieve the
purpose of the proposed rule.
(5) Request the submission of comments, including suggestions of
specific language for the proposed rule.
(6) Include a detailed statement of the issue to be addressed by
adoption of the proposed rule.
(b) This section does not apply to rules adopted under
IC 13-18-22-2, IC 13-18-22-3, or IC 13-18-22-4.".
SOURCE: Page 98, line 35; (05)AM139801.98. -->
Page 98, between lines 35 and 36, begin a new paragraph and insert:
SOURCE: IC 34-11-8-1; (05)AM139801.119. -->
"SECTION 119. IC 34-11-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This section
applies if a plaintiff commences an action and:
(1) the plaintiff fails in the action from any cause except (1)
negligence in the prosecution of the action;
(2) the action abates or is defeated by the death of a party; or
(3) a judgment is arrested or reversed on appeal.
(b) If subsection (a) applies, a new action may be brought not later
than the later of:
(1) three (3) years after the date of the determination under
subsection (a); or
(2) the last date an action could have been commenced under the
statute of limitations governing the original action;
and be considered a continuation of the original action commenced by
the plaintiff.".
SOURCE: Page 115, line 9; (05)AM139801.115. -->
Page 115, between lines 9 and 10, begin a new paragraph and insert:
SOURCE: IC 35-50-2-2; (05)AM139801.135. -->
"SECTION 135. IC 35-50-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The court
may suspend any part of a sentence for a felony, except as provided in
this section or in section 2.1 of this chapter.
(b) With respect to the following crimes listed in this subsection, the
court may suspend only that part of the sentence that is in excess of the
minimum sentence, unless the court has approved placement of the
offender in a forensic diversion program under IC 11-12-3.7:
(1) The crime committed was a Class A or Class B felony and the
person has a prior unrelated felony conviction.
(2) The crime committed was a Class C felony and less than seven
(7) years have elapsed between the date the person was discharged
from probation, imprisonment, or parole, whichever is later, for a
prior unrelated felony conviction and the date the person
committed the Class C felony for which the person is being
sentenced.
(3) The crime committed was a Class D felony and less than three
(3) years have elapsed between the date the person was discharged
from probation, imprisonment, or parole, whichever is later, for a
prior unrelated felony conviction and the date the person
committed the Class D felony for which the person is being
sentenced. However, the court may suspend the minimum
sentence for the crime only if the court orders home detention
under IC 35-38-1-21 or IC 35-38-2.5-5 instead of the minimum
sentence specified for the crime under this chapter.
(4) The felony committed was:
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon or battery
causing death;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A
felony;
(H) child molesting (IC 35-42-4-3) as a Class A or Class B
felony;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or
with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily
injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury
or with a deadly weapon;
(L) resisting law enforcement (IC 35-44-3-3) with a deadly
weapon;
(M) escape (IC 35-44-3-5) with a deadly weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine, a narcotic drug, or methamphetamine
(IC 35-48-4-1) if the court finds the person possessed a firearm
(as defined in IC 35-47-1-5) at the time of the offense, or the
person delivered or intended to deliver to a person under
eighteen (18) years of age at least three (3) years junior to the
person and was on a school bus or within one thousand (1,000)
feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(P) dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2) if the court finds the person possessed a firearm (as
defined in IC 35-47-1-5) at the time of the offense, or the
person delivered or intended to deliver to a person under
eighteen (18) years of age at least three (3) years junior to the
person and was on a school bus or within one thousand (1,000)
feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(Q) an offense under IC 9-30-5 (operating a vehicle while
intoxicated) and the person who committed the offense has
accumulated at least two (2) prior unrelated convictions under
IC 9-30-5;
or
(R) an offense under IC 9-30-5-5 (operating a vehicle while
intoxicated causing death) if the person had:
(i) at least fifteen-hundredths (0.15) gram of alcohol per one
hundred (100) milliliters of the person's blood, or at least
fifteen-hundredths (0.15) gram of alcohol per two hundred
ten (210) liters of the person's breath; or
(ii) a controlled substance listed in schedule I or II of
IC 35-48-2 or its metabolite in the person's blood; or
(S) (R) aggravated battery (IC 35-42-2-1.5).
(c) Except as provided in subsection (e), whenever the court
suspends a sentence for a felony, it shall place the person on probation
under IC 35-38-2 for a fixed period to end not later than the date that
the maximum sentence that may be imposed for the felony will expire.
(d) The minimum sentence for a person convicted of voluntary
manslaughter may not be suspended unless the court finds at the
sentencing hearing that the crime was not committed by means of a
deadly weapon.
(e) Whenever the court suspends that part of an offender's (as
defined in IC 5-2-12-4) sentence that is suspendible under subsection
(b), the court shall place the offender on probation under IC 35-38-2 for
not more than ten (10) years.
(f) An additional term of imprisonment imposed under
IC 35-50-2-11 may not be suspended.
(g) A term of imprisonment imposed under IC 35-47-10-6 or
IC 35-47-10-7 may not be suspended if the commission of the offense
was knowing or intentional.
(h) A term of imprisonment imposed for an offense under
IC 35-48-4-6(b)(1)(B) may not be suspended.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1398 as introduced.)
and when so amended that said bill do pass.
__________________________________
AM139801/DI 107 2005