HB 1281-1_ Filed 01/25/2006, 21:57

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Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

9

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Courts and Criminal Code     , to which was referred       House Bill 1281     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (06)CR128101.1. -->     Page 1, delete lines 1 through 17.
    Delete page 2.
    Page 3, delete lines 1 through 17, begin a new paragraph and insert:
SOURCE: IC 35-42-2-1.3; (06)CR128101.1. -->     "SECTION 1. IC 35-42-2-1.3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1.3. (a) A person who knowingly or intentionally touches an individual who:
        (1) is or was a spouse of the other person;
        (2) is or was living as if a spouse of the other person as provided in subsection (b); (c); or
        (3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor.
     (b) However, the offense under subsection (a) is a Class D felony if the person who committed the offense:
         (1) has a previous, unrelated conviction:
             (A) under this section (or IC 35-42-2-1(a)(2)(E) before its repeal); or
            (B) in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements described in this section; or
        (2) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.

    (b) (c) In considering whether a person is or was living as a spouse of another individual in subsection (a)(2), the court shall review the following:
        (1) the duration of the relationship;
        (2) the frequency of contact;
        (3) the financial interdependence;
        (4) whether the two (2) individuals are raising children together;
        (5) whether the two (2) individuals have engaged in tasks directed toward maintaining a common household; and
        (6) other factors the court considers relevant.
SOURCE: IC 35-42-2-9; (06)CR128101.2. -->     SECTION 2. IC 35-42-2-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) This section does not apply to a medical procedure.
    (b) A person who knowingly or intentionally:
        (1) applies pressure to the throat or neck of another person; or
        (2) obstructs the nose or mouth of the another person;
in a manner that impedes the normal breathing or the blood
circulation of the other person commits strangulation, a Class D felony.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1281 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Ulmer


CR128101/DI 69    2006