First Regular Session 116th General Assembly (2009)


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    SENATE ENROLLED ACT No. 236



     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 35-42-1-6; (09)SE0236.1.1. -->
    SECTION 1. IC 35-42-1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. A person who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus commits feticide, a Class C Class B felony. This section does not apply to an abortion performed in compliance with:
        (1) IC 16-34; or
        (2) IC 35-1-58.5 (before its repeal).
SOURCE: IC 35-50-2-16; (09)SE0236.1.2. -->     SECTION 2. IC 35-50-2-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) The state may seek, on a page separate from the rest of the charging instrument, to have a person who allegedly committed or attempted to commit murder under IC 35-42-1-1(1) or IC 35-42-1-1(2) sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person, while committing or attempting to commit murder under IC 35-42-1-1(1) or IC 35-42-1-1(2), caused the termination of a human pregnancy.
    (b) If the person is convicted of the murder or attempted murder in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear

evidence in the enhancement hearing.
    (c) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person, while committing or attempting to commit murder under IC 35-42-1-1(1) or IC 35-42-1-1(2), caused the termination of a human pregnancy, the court shall sentence the person to an additional fixed term of imprisonment of not less than six (6) or more than twenty (20) years.
    (d) A sentence imposed under this section runs consecutively to the underlying sentence.
    (e) For purposes of this section, prosecution of the murder or attempted murder under IC 35-42-1-1(1) or IC 35-42-1-1(2) and the enhancement of the penalty for that crime does not require proof that:
        (1) the person committing or attempting to commit the murder had knowledge or should have had knowledge that the victim was pregnant; or
        (2) the defendant intended to cause the termination of a human pregnancy.

SOURCE: ; (09)SE0236.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2009] IC 35-42-1-6, as amended by this act, and IC 35-50-2-16, as added by this act, apply only to a crime committed after June 30, 2009.


SEA 236 _ Concur

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