Enrolled Act, House Bill 1281

Second Regular Session 114th General Assembly (2006)

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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HOUSE ENROLLED ACT No. 1281

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 35-42-2-1.3; (06)HE1281.1.1. -->     SECTION 1. IC 35-42-2-1.3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1.3. (a) A person who knowingly or intentionally touches an individual who:
        (1) is or was a spouse of the other person;
        (2) is or was living as if a spouse of the other person as provided in subsection ~~(b);~~ (c); or
        (3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor.
     (b) However, the offense under subsection (a) is a Class D felony if the person who committed the offense:
        (1) has a previous, unrelated conviction:
             (A) under this section (or IC 35-42-2-1(a)(2)(E) before its repeal); or
            (B) in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements described in this section; or
        (2) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.

    ~~(b)~~ (c) In considering whether a person is or was living as a spouse of another individual in subsection (a)(2), the court shall review the following:
        (1) the duration of the relationship;
        (2) the frequency of contact;
        (3) the financial interdependence;
        (4) whether the two (2) individuals are raising children together;
        (5) whether the two (2) individuals have engaged in tasks directed toward maintaining a common household; and
        (6) other factors the court considers relevant.

SOURCE: IC 35-42-2-9; (06)HE1281.1.2. -->     SECTION 2. IC 35-42-2-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) This section does not apply to a medical procedure.
    (b) A person who, in a rude, angry, or insolent manner, knowingly or intentionally:
        (1) applies pressure to the throat or neck of another person; or
        (2) obstructs the nose or mouth of the another person;
in a manner that impedes the normal breathing or the blood circulation of the other person commits strangulation, a Class D felony.