Introduced Version






HOUSE BILL No. 1641

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-33-8-35.

Synopsis: Violent crimes committed at school. Provides that if a violent crime is committed by a student against another student on school grounds or during school activities, including traveling to or from school or an activity, the superintendent of the school corporation shall transfer either the victim or the offender to another school in the school corporation, as requested by the victim's parent.

Effective: July 1, 2009.





Bell, VanDenburgh, Clere




    January 16, 2009, read first time and referred to Committee on Education.







Introduced

First Regular Session 116th General Assembly (2009)


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HOUSE BILL No. 1641



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-33-8-35; (09)IN1641.1.1. -->     SECTION 1. IC 20-33-8-35 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 35. (a) This section applies to a violent crime that is committed when a victim is:
         (1) on school grounds immediately before or during school hours, or immediately after school hours, or at any other time when the school is being used by a school group;
        (2) off school grounds at a school activity, function, or event; or
        (3) traveling to or from school or a school activity, function, or event.
    (b) As used in this section, "offender" means a student who has been:
        (1) convicted of a violent crime; or
        (2) found to have committed a delinquent act that would be a violent crime if committed by an adult.
    (c) As used in this section, "victim" means a student who suffers

actual or threatened physical harm as a result of a violent crime.
    (d) As used in this section, "violent crime" means the following:

        (1) A crime under the Indiana Code that is a felony or a Class A misdemeanor that results in bodily injury or death to the victim but does not include any of the following:
            (A) A crime under IC 9-30-5 resulting from the operation of a vehicle other than a motor vehicle.
            (B) Involuntary manslaughter resulting from the operation of a motor vehicle by a person who was not intoxicated (IC 35-42-1-4).
            (C) Reckless homicide resulting from the operation of a motor vehicle by a person who was not intoxicated (IC 35-42-1-5).
            (D) Criminal recklessness involving the use of a motor vehicle, unless the offense was intentional or the person using the motor vehicle was intoxicated (IC 35-42-2-2).
        (2) A delinquent act that would be a crime described under subdivision (1) if committed by an adult.

    (e) Whenever a violent crime to which this section applies is committed, the superintendent shall:
        (1) notify the victim's parent of the victim's rights under this section; and
        (2) as determined by the victim's parent, transfer:
            (A) the victim; or
            (B) the offender, unless the offender has been expelled;
        to another school within the school corporation.