Bill Text: IN HB1471 | 2011 | Regular Session | Introduced
Bill Title: Child abuse.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Family, Children and Human Affairs [HB1471 Detail]
Download: Indiana-2011-HB1471-Introduced.html
Citations Affected: IC 35-37-4-19; IC 35-50.
Synopsis: Child abuse. Makes rape a nonsuspendible offense if the
victim is less than 18 years of age. Requires the department of
correction (DOC) to make a determination in writing whether a
sexually violent predator is a candidate for civil commitment, and
requires the department to request the prosecuting attorney in the
county of conviction to institute civil commitment proceedings if the
DOC determines that the sexually violent predator is a candidate for
civil commitment. Specifies that a sexually violent predator may be
civilly committed in any county. Permits a court, in a prosecution for
a sex crime or crime of violence in which the victim is a child, to admit
as evidence under certain conditions, a video recording of an interview
of the victim recorded not more than six months after the commission
of the offense.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Family, Children and
Human Affairs.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(b) The court may order the video recording under subsection (a) redacted to remove inadmissible evidence.
(b) Except as provided in subsection (i), 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 felony 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):
(i) as a Class A felony; or
(ii) if the victim was less than eighteen (18) years of age
at the time of the offense;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A
felony;
(H) except as provided in subsection (i), child molesting
(IC 35-42-4-3) as a Class A or Class B felony, unless:
(i) the felony committed was child molesting as a Class B
felony;
(ii) the victim was not less than twelve (12) years old at the
time the offense was committed;
(iii) the person is not more than four (4) years older than the
victim, or more than five (5) years older than the victim if
the relationship between the person and the victim was a
dating relationship or an ongoing personal relationship (not
including a family relationship);
(iv) the person did not have a position of authority or
substantial influence over the victim; and
(v) the person has not committed another sex offense (as
defined in IC 11-8-8-5.2) (including a delinquent act that
would be a sex offense if committed by an adult) against any
other person;
(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 or a narcotic drug (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 methamphetamine (IC 35-48-4-1.1) 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 the methamphetamine pure or
adulterated 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) 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;
(R) 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;
(S) an offense under IC 9-30-5-5(b) (operating a vehicle while
intoxicated causing death);
(T) aggravated battery (IC 35-42-2-1.5); or
(U) disarming a law enforcement officer (IC 35-44-3-3.5).
(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 the sentence of a sex
or violent offender (as defined in IC 11-8-8-5) that is suspendible under
subsection (b), the court shall place the sex or violent 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) or IC 35-48-4-6.1(b)(1)(B) may not be
suspended.
(i) If a person is:
(1) convicted of child molesting (IC 35-42-4-3) as a Class A
felony against a victim less than twelve (12) years of age; and
(2) at least twenty-one (21) years of age;
the court may suspend only that part of the sentence that is in excess of thirty (30) years.
(1) released on parole for not more than twenty-four (24) months, as determined by the parole board, unless:
(A) the person is being placed on parole for the first time;
(B) the person is not being placed on parole for a conviction for a crime of violence (as defined in IC 35-50-1-2);
(C) the person is not a sex offender (as defined in IC 11-8-8-4.5); and
(D) in the six (6) months before being placed on parole, the person has not violated a rule of the department of correction or a rule of the penal facility in which the person is imprisoned;
(2) discharged upon a finding by the committing court that the person was assigned to a community transition program and may be discharged without the requirement of parole; or
(3) released to the committing court if the sentence included a period of probation.
A person described in subdivision (1) shall be released on parole for not more than twelve (12) months, as determined by the parole board.
(b) This subsection does not apply to a person described in subsection (d), (e), or (f). A person released on parole remains on parole from the date of release until the person's fixed term expires, unless the person's parole is revoked or the person is discharged from that term by the parole board. In any event, if the person's parole is not revoked, the parole board shall discharge the person after the period set under subsection (a) or the expiration of the person's fixed term, whichever is shorter.
(c) A person whose parole is revoked shall be imprisoned for all or part of the remainder of the person's fixed term. However, the person shall again be released on parole when the person completes that remainder, less the credit time the person has earned since the revocation. The parole board may reinstate the person on parole at any time after the revocation.
(d) This subsection does not apply to a person who is a sexually violent predator under IC 35-38-1-7.5. When a sex offender (as defined
in IC 11-8-8-4.5) completes the sex offender's fixed term of
imprisonment, less credit time earned with respect to that term, the sex
offender shall be placed on parole for not more than ten (10) years.
(e) This subsection applies to a person who:
(1) is a sexually violent predator under IC 35-38-1-7.5;
(2) has been convicted of murder (IC 35-42-1-1); or
(3) has been convicted of voluntary manslaughter (IC 35-42-1-3).
Except as provided in subsection (j), when a person described in this
subsection completes the person's fixed term of imprisonment, less
credit time earned with respect to that term, the person shall be placed
on parole for the remainder of the person's life.
(f) This subsection applies to a parolee in another jurisdiction who
is a person described in subsection (e) and whose parole supervision is
transferred to Indiana from another jurisdiction. In accordance with
IC 11-13-4-1(2) (Interstate Compact for Out-of-State Probationers and
Parolees) and rules adopted under Article VII (d)(8) of the Interstate
Compact for Adult Offender Supervision (IC 11-13-4.5), a parolee who
is a person described in subsection (e) and whose parole supervision is
transferred to Indiana is subject to the same conditions of parole as a
person described in subsection (e) who was convicted in Indiana,
including:
(1) lifetime parole (as described in subsection (e)); and
(2) the requirement that the person wear a monitoring device (as
described in IC 35-38-2.5-3) that can transmit information
twenty-four (24) hours each day regarding a person's precise
location, if applicable.
(g) If a person being supervised on lifetime parole as described in
subsection (e) is also required to be supervised by a court, a probation
department, a community corrections program, a community transition
program, or another similar program upon the person's release from
imprisonment, the parole board may:
(1) supervise the person while the person is being supervised by
the other supervising agency; or
(2) permit the other supervising agency to exercise all or part of
the parole board's supervisory responsibility during the period in
which the other supervising agency is required to supervise the
person, if supervision by the other supervising agency will be, in
the opinion of the parole board:
(A) at least as stringent; and
(B) at least as effective;
as supervision by the parole board.
(h) The parole board is not required to supervise a person on
lifetime parole during any period in which the person is imprisoned.
However, upon the person's release from imprisonment, the parole
board shall recommence its supervision of a person on lifetime parole.
(i) If a court orders the parole board to place a sexually violent
predator whose sentence does not include a commitment to the
department of correction on lifetime parole under IC 35-38-1-29, the
parole board shall place the sexually violent predator on lifetime parole
and supervise the person in the same manner in which the parole board
supervises a sexually violent predator on lifetime parole whose
sentence includes a commitment to the department of correction.
(j) This subsection applies only to a person who is a sexually
violent predator under IC 35-38-1-7.5. Not earlier than one (1) year
before a sexually violent predator is scheduled to complete the
person's fixed term of imprisonment, less credit time earned with
respect to that term, the department shall determine in writing
whether the sexually violent predator is a candidate for civil
commitment under IC 12-26. If the department determines that the
sexually violent predator is a candidate for civil commitment under
IC 12-26, the department shall request in writing that the
prosecuting attorney in the county of conviction institute civil
commitment proceedings with respect to the sexually violent
predator under IC 12-26. A sexually violent predator may be civilly
committed in any county. If a sexually violent predator is not
civilly committed, the sexually violent predator shall be treated in
accordance with subsection (e). At the end of any term of civil
commitment under this subsection, the sexually violent predator
shall be treated in accordance with subsection (e).
