Bill Text: IN SB0147 | 2010 | Regular Session | Amended
Bill Title: Law enforcement issues.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-14 - Pursuant to Senate Rule 65(b), reassigned to Appropriations. [SB0147 Detail]
Download: Indiana-2010-SB0147-Amended.html
Citations Affected: IC 35-42; IC 35-44.
Synopsis: Law enforcement issues. Provides that a law enforcement
officer who engages in sexual conduct with a child who is at least 16
and less than 18 years of age and at least five years younger than the
law enforcement officer commits child seduction, a Class D felony.
Increases the penalty for false reporting to a Class D felony if it is
committed by means of a computer network and it substantially hinders
any law enforcement process or if it results in harm to an innocent
person.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 14, 2010, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(b) As used in this section, "adoptive grandparent" means the parent of an adoptive parent.
(c) As used in this section, "charter school" has the meaning set forth in IC 20-18-2-2.5.
(d) 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;
(2) is employed by a:
(A) school corporation;
(B) charter school;
(C) nonpublic school; or
(D) special education cooperative;
attended by a child who is the victim of a crime under this
chapter; or
(3) is:
(A) affiliated with a:
(i) school corporation;
(ii) charter school;
(iii) nonpublic school; or
(iv) special education cooperative;
attended by a child who is the victim of a crime under this
chapter, regardless of how or whether the person is
compensated;
(B) in a position of trust in relation to a child who attends the
school or cooperative;
(C) engaged in the provision of care or supervision to a child
who attends the school or cooperative; and
(D) at least four (4) years older than the child who is the
victim of a crime under this chapter.
The term does not include a student who attends the school or
cooperative.
(e) As used in this section, "custodian" means any person who
resides with a child and is responsible for the child's welfare.
(f) As used in this section, "military recruiter" means a member of
the armed forces of the United States (as defined in IC 20-33-10-2) or
the Indiana National Guard whose primary job function, classification,
or specialty is recruiting individuals to enlist with the armed forces of
the United States or the Indiana National Guard.
(g) As used in this section, "nonpublic school" has the meaning set
forth in IC 20-18-2-12.
(h) As used in this section, "school corporation" has the meaning set
forth in IC 20-18-2-16.
(i) As used in this section, "special education cooperative" has the
meaning set forth in IC 20-35-5-1.
(j) 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.
(k) If a person who:
(1) is at least eighteen (18) years of age; and
(2) is:
(A) the:
(i) guardian, adoptive parent, adoptive grandparent,
custodian, or stepparent of; or
(ii) child care worker for; or
(B) a military recruiter 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,
(l) A law enforcement officer who:
(1) engages with a child at least sixteen (16) years of age but less than eighteen (18) years of age in sexual intercourse, deviate sexual conduct, or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the law enforcement officer; and
(2) is at least five (5) years older than the child;
commits child seduction, a Class D felony.
(b) As used in this section, "misconduct" means a violation of a departmental rule or procedure of a law enforcement agency.
(c) A person who reports, by telephone, telegraph, mail, or other written or oral communication, that:
(1) the person or another person has placed or intends to place an explosive, a destructive device, or other destructive substance in a building or transportation facility;
(2) there has been or there will be tampering with a consumer product introduced into commerce; or
(3) there has been or will be placed or introduced a weapon of mass destruction in a building or a place of assembly;
knowing the report to be false commits false reporting, a Class D felony.
(d) A person who:
(1) gives a false report of the commission of a crime or gives false information in the official investigation of the commission of a crime, knowing the report or information to be false;
(2) gives a false alarm of fire to the fire department of a governmental entity, knowing the alarm to be false;
(3) makes a false request for ambulance service to an ambulance service provider, knowing the request to be false;
(4) gives a false report concerning a missing child (as defined in IC 10-13-5-4) or missing endangered adult (as defined in IC 12-7-2-131.3) or gives false information in the official
investigation of a missing child or missing endangered adult
knowing the report or information to be false;
(5) makes a complaint against a law enforcement officer to the
state or municipality (as defined in IC 8-1-13-3) that employs the
officer:
(A) alleging the officer engaged in misconduct while
performing the officer's duties; and
(B) knowing the complaint to be false; or
(6) makes a false report of a missing person, knowing the report
or information is false;
commits false informing, a Class B misdemeanor. However, the offense
is a Class A misdemeanor if it substantially hinders any law
enforcement process or if it results in harm to an innocent person, and
the offense is a Class D felony if it is committed by means of a
computer network (as defined in IC 35-43-2-3) and it substantially
hinders any law enforcement process or if it results in harm to an
innocent person.
