HB 1281-1_ Filed 01/25/2006, 21:57
Text Box
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.
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CR128101/DI 69 2006