Second Regular Session 116th General Assembly (2010)


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    SENATE ENROLLED ACT No. 71



     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 35-42-1-4; (10)SE0071.1.1. -->
    SECTION 1. IC 35-42-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) As used in this section, "child care provider" means a person who provides child care in or on behalf of:
        (1) a child care center (as defined in IC 12-7-2-28.4); or
        (2) a child care home (as defined in IC 12-7-2-28.6);
regardless of whether the child care center or child care home is licensed.
    (b) As used in this section, "fetus" means a fetus that has attained viability (as defined in IC 16-18-2-365).
    (c) A person who kills another human being while committing or attempting to commit:
        (1) a Class C or Class D felony that inherently poses a risk of serious bodily injury;
        (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or
        (3) battery;
commits involuntary manslaughter, a Class C felony. However, if the killing results from the operation of a vehicle, the offense is a Class D felony.
    (d) A person who kills a fetus while committing or attempting to commit:
        (1) a Class C or Class D felony that inherently poses a risk of serious bodily injury;
        (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or
        (3) battery; or
        (4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated);

commits involuntary manslaughter, a Class C felony. However, if the killing results from the operation of a vehicle, the offense is a Class D felony.
    (e) If:
        (1) a child care provider recklessly supervises a child; and
        (2) the child dies as a result of the child care provider's reckless supervision;
the child care provider commits involuntary manslaughter, a Class D felony.


SEA 71

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