Bill Text: IN SB0564 | 2011 | Regular Session | Introduced

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Bill Title: Domestic violence.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Judiciary [SB0564 Detail]

Download: Indiana-2011-SB0564-Introduced.html

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Introduced Version

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SENATE BILL No. 564

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 12-18-8-6; IC 31-14-14-5; IC 31-17-2-8.3; IC 35-40; IC 35-41-1-6.5; IC 35-50.

Synopsis: Domestic violence. Provides that a county domestic violence fatality review team shall review cases in which a person who committed suicide was a victim of an act of domestic violence. Permits a court to require a noncustodial parent who has been convicted of certain crimes of domestic violence to require the parent to attend a batterer's intervention program certified by the Indiana coalition against domestic violence as a condition of receiving unsupervised visitation time. Adds additional crimes to the definition of a "crime involving domestic or family violence", and makes a person convicted of a Class D felony that is a crime involving domestic or family violence ineligible for alternative misdemeanor sentencing. Requires that a batterer's intervention program to which a court may order a person to attend must be certified by the Indiana coalition against domestic violence.

Effective: July 1, 2011.

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Becker, Zakas, Broden

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    January 20, 2011, read first time and referred to Committee on Judiciary.

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Introduced

First Regular Session 117th General Assembly (2011)

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 this style type.
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SENATE BILL No. 564

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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

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

SOURCE: IC 12-18-8-6; (11)IN0564.1.1. -->     SECTION 1. IC 12-18-8-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) A county may establish a county domestic violence fatality review team for the purpose of reviewing a death resulting from or in connection with domestic violence. The team shall review only those deaths in which:
         (1) the person who commits the act of domestic violence resulting in death:
            (1) (A) is charged with a criminal offense that results in final judgment; or
            (2) (B) is deceased; or
        (2) the manner of death is suicide, and the deceased individual was a victim of an act of domestic violence.
    (b) The legislative body (as defined in IC 36-1-2-9) of a county must determine by majority vote if the county will establish a local domestic violence fatality review team.
    (c) If a county elects not to establish a county domestic violence fatality review team, the county may join with one (1) or more other

counties that have not established a county domestic violence fatality review team and form a regional domestic violence fatality review team.
    (d) To establish a regional domestic violence fatality review team as described in subsection (c), the legislative body of each county comprising the region must cast a majority of votes in favor of establishing a regional domestic violence fatality review team.

SOURCE: IC 31-14-14-5; (11)IN0564.1.2. -->     SECTION 2. IC 31-14-14-5, AS AMENDED BY P.L.68-2005, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent's child.
    (b) There is created a rebuttable presumption that the court shall order that the noncustodial parent's parenting time with the child must be supervised:
        (1) for at least one (1) year and not more than two (2) years immediately following the crime involving domestic or family violence; or
        (2) until the child becomes emancipated;
whichever occurs first.
     (c) As a condition of granting the noncustodial parent unsupervised parenting time, the court may require the noncustodial parent to complete a batterer's intervention program certified by the Indiana coalition against domestic violence.

SOURCE: IC 31-17-2-8.3; (11)IN0564.1.3. -->     SECTION 3. IC 31-17-2-8.3, AS AMENDED BY P.L.68-2005, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8.3. (a) This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent's child.
    (b) There is created a rebuttable presumption that the court shall order that the noncustodial parent's parenting time with the child must be supervised:
        (1) for at least one (1) year and not more than two (2) years immediately following the crime involving domestic or family violence; or
        (2) until the child becomes emancipated;
whichever occurs first.
     (c) As a condition of granting the noncustodial parent unsupervised parenting time, the court may require the noncustodial parent to complete a batterer's intervention program

certified by the Indiana coalition against domestic violence.

SOURCE: IC 35-40-7-2; (11)IN0564.1.4. -->     SECTION 4. IC 35-40-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. Upon request of a victim, the office of the prosecuting attorney having jurisdiction or a law enforcement agency having custody of a person accused of a crime against the victim shall notify the victim of the scheduling of a bond hearing, the escape or death of a person accused of committing a crime against the victim, release of a person convicted of a crime against the victim to a work release program, or any other type of postarrest release of a person convicted of a crime or charged with a crime against the victim.

SOURCE: IC 35-40-10-1; (11)IN0564.1.5. -->     SECTION 5. IC 35-40-10-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) A victim shall provide to and maintain with the agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency. The form must include a telephone number, electronic mail address, and mailing address for the victim. If the victim fails to keep the victim's telephone number and address current, the agency may withdraw the victim's request for notice.
    (b) A victim may restore a request for notice of subsequent proceedings by filing, on a request form provided by an agency, the victim's current telephone number electronic mail address, and mailing address.

SOURCE: IC 35-40-12-4; (11)IN0564.1.6. -->     SECTION 6. IC 35-40-12-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) This section applies if the victim is an entity other than an individual.
    (b) A request for notice under IC 35-40-10 must identify the name, electronic mail address, and the mailing address of the person who is to receive notices and consultations on behalf of the entity.

SOURCE: IC 35-41-1-6.5; (11)IN0564.1.7. -->     SECTION 7. IC 35-41-1-6.5, AS AMENDED BY P.L.111-2009, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6.5. "Crime involving domestic or family violence" means a crime that occurs when a family or household member commits, attempts to commit, or conspires to commit any of the following against another family or household member:
        (1) A homicide offense under IC 35-42-1.
        (2) A battery offense under IC 35-42-2.
        (3) Kidnapping or confinement under IC 35-42-3.
        (4) Human and sexual trafficking crimes under IC 35-42-3.5.
        (5) A sex offense under IC 35-42-4.
        (6) Robbery under IC 35-42-5.
        (7) Arson or mischief under IC 35-43-1.

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        (8) Burglary or trespass under IC 35-43-2.
        (9) Disorderly conduct under IC 35-45-1.
        (10) Intimidation or harassment under IC 35-45-2.
        (11) Voyeurism under IC 35-45-4.
        (12) Stalking under IC 35-45-10.
        (13) An offense against family under IC 35-46-1-2 through IC 35-46-1-8, IC 35-46-1-12, or IC 35-46-1-15.1.
        (14) A crime involving animal cruelty and a family or household member under IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.
         (15) Strangulation under IC 35-42-2-9.
        (16) Pointing a firearm under IC 35-47-4-3.
        (17) Residential entry under IC 35-43-2-1.5.
        (18) Criminal recklessness under IC 35-42-2.
        (19) Interference with the reporting of a crime under IC 35-45-2-5.
        (20) A crime of domestic violence under IC 35-41-1-6.3.

SOURCE: IC 35-50-2-7; (11)IN0564.1.8. -->     SECTION 8. IC 35-50-2-7, AS AMENDED BY P.L.71-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) A person who commits a Class D felony shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
    (b) Notwithstanding subsection (a), if a person has committed a Class D felony, the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the court shall enter a judgment of conviction of a Class D felony if:
        (1) the court finds that:
            (A) the person has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor; and
            (B) the prior felony was committed less than three (3) years before the second felony was committed;
        (2) the offense is domestic battery as a Class D felony under IC 35-42-2-1.3; that is a crime involving domestic or family violence under IC 35-41-1-6.5; or
        (3) the offense is possession of child pornography (IC 35-42-4-4(c)).
The court shall enter in the record, in detail, the reason for its action whenever it exercises the power to enter judgment of conviction of a Class A misdemeanor granted in this subsection.

SOURCE: IC 35-50-9-1; (11)IN0564.1.9. -->     SECTION 9. IC 35-50-9-1, AS ADDED BY P.L.94-2010,

SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) At the time of sentencing for a person convicted of domestic battery under IC 35-42-2-1.3 or a crime that involved domestic abuse, neglect, or violence, the court may require the person to complete a batterer's intervention program approved by the court.
    (b) The person convicted of domestic battery or another crime described in subsection (a) shall pay all expenses of the batterer's intervention program.
    (c) The batterer's intervention program must be a certified an intervention program certified by the Indiana coalition against domestic violence.