HB 1386-5_ Filed 03/27/2007, 09:53 Delph



    I move
that Engrossed House Bill 1386 be amended to read as follows:

SOURCE: Page 5, line 42; (07)MO138602.5. -->     Page 5, after line 42, begin a new paragraph and insert:
SOURCE: IC 35-42-4-7; (07)MO138602.5. -->     "SECTION 5. IC 35-42-4-7, AS AMENDED BY P.L.1-2005, SECTION 228, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. (a) As used in this section, "adoptive parent" has the meaning set forth in IC 31-9-2-6.
    (b) As used in this section, "adoptive grandparent" means the parent of an adoptive parent.
    (c) As used in this section, "child care worker" means a person who:
        (1) provides care, supervision, or instruction to a child within the scope of the person's employment in a shelter care facility; or
        (2) is employed by a:
            (A) school corporation; or
            (B) nonpublic school;
        attended by a child who is the victim of a crime under this chapter.
    (d) As used in this section, "custodian" means any person who resides with a child and is responsible for the child's welfare.
    (e) As used in this section, "nonpublic school" has the meaning set forth in IC 20-18-2-12.
    (f) As used in this section, "school corporation" has the meaning set forth in IC 20-18-2-16.
    (g) As used in this section, "stepparent" means an individual who is married to a child's custodial or noncustodial parent and is not the child's adoptive parent.
    (h) If a person who: is:
        (1) is at least eighteen (18) years of age; and
        (2) is:
                (A) (i) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or
                (B) (ii) child care worker for; or
            (B) a member of the armed forces of the United States (as defined in IC 20-33-10-2) or the Indiana National Guard who is attempting to enlist;

        a child at least sixteen (16) years of age but less than eighteen (18) years of age;
engages with the child in sexual intercourse, deviate sexual conduct (as defined in IC 35-41-1-9), or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction, a Class D felony.".
SOURCE: Page 6, line 29; (07)MO138602.6. -->     Page 6, line 29, after "IC 35-42-4-6" insert " , IC 35-42-4-7,".
    Page 6, line 30, delete "both" and insert " all".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1386 as printed March 13, 2007.)


Senator DELPH

MO138602/DI 69