Bill Text: IN SB0250 | 2012 | Regular Session | Introduced
Bill Title: Missing children.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0250 Detail]
Download: Indiana-2012-SB0250-Introduced.html
Citations Affected: IC 35-46-1-4.
Synopsis: Missing children. Makes it neglect of a dependent, a Class
D felony, to wait more than 24 hours before reporting that a child less
than 12 years of age is missing.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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A BILL FOR AN ACT to amend the Indiana Code concerning
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(1) places the dependent in a situation that endangers the dependent's life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support;
(4) deprives the dependent of education as required by law; or
(5) knowing a dependent child less than twelve (12) years of age is missing, waits more than twenty-four (24) hours before reporting to a law enforcement agency that the child is missing;
commits neglect of a dependent, a Class D felony.
(b) However, the offense is:
(1) a Class C felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and:
(A) results in bodily injury; or
(B) is:
(i) committed in a location where a person is violating
IC 35-48-4-1 (delivery, financing, or manufacture of
cocaine, methamphetamine, or a narcotic drug); or
(ii) the result of a violation of IC 35-48-4-1 (delivery,
financing, or manufacture of cocaine, methamphetamine, or
a narcotic drug);
(2) a Class B felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and results in serious bodily injury;
(3) a Class A felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) by a person at least eighteen (18) years of age and
results in the death of a dependent who is less than fourteen (14)
years of age; and
(4) a Class C felony if it is committed under subsection (a)(2) and
consists of cruel confinement or abandonment that:
(A) deprives a dependent of necessary food, water, or sanitary
facilities;
(B) consists of confinement in an area not intended for human
habitation; or
(C) involves the unlawful use of handcuffs, a rope, a cord,
tape, or a similar device to physically restrain a dependent.
(c) It is a defense to a prosecution based on an alleged act under this
section that:
(1) the accused person left a dependent child who was, at the time
the alleged act occurred, not more than thirty (30) days of age
with an emergency medical provider who took custody of the
child under IC 31-34-2.5 when:
(A) the prosecution is based solely on the alleged act of
leaving the child with the emergency medical services
provider; and
(B) the alleged act did not result in bodily injury or serious
bodily injury to the child; or
(2) the accused person, in the legitimate practice of the accused
person's religious belief, provided treatment by spiritual means
through prayer, in lieu of medical care, to the accused person's
dependent.
(d) Except for property transferred or received:
(1) under a court order made in connection with a proceeding
under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5
or IC 31-6-5 before their repeal); or
(2) under IC 35-46-1-9(b);
a person who transfers or receives any property in consideration for the termination of the care, custody, or control of a person's dependent child commits child selling, a Class D felony.
