Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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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.