Bill Text: IN HB1327 | 2012 | Regular Session | Introduced

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Bill Title: Battery by students.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Courts and Criminal Code [HB1327 Detail]

Download: Indiana-2012-HB1327-Introduced.html

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Introduced Version

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HOUSE BILL No. 1327

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 20-33.

Synopsis: Battery by students. Provides that a student must be suspended if the student commits battery and must be expelled for committing battery a second time if the student commits the battery: (1) while on school grounds immediately before or during school hours, immediately after school hours, or at any other time when the school is being used by a school group; (2) while off school grounds at a school activity, function, or event; or (3) while traveling to or from school or a school activity, function, or event. Requires that an individual who has reason to believe that an act of battery has been committed against a student must make an oral report to a law enforcement agency. Makes corresponding changes to related statutes.

Effective: July 1, 2012.

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Messmer, Rhoads

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    January 10, 2012, read first time and referred to Committee on Courts and Criminal Code.

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Introduced

Second Regular Session 117th General Assembly (2012)

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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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1327

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    A BILL FOR AN ACT to amend the Indiana Code concerning education.

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

SOURCE: IC 20-33-8-0.1; (12)IN1327.1.1. -->     SECTION 1. IC 20-33-8-0.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 0.1. As used in this chapter, "battery" has the meaning set forth in IC 35-42-2-1.

SOURCE: IC 20-33-8-14; (12)IN1327.1.2. -->     SECTION 2. IC 20-33-8-14, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14. (a) The following are the grounds for student suspension or expulsion, subject to the procedural requirements of this chapter and as stated by school corporation rules:
        (1) Student misconduct.
        (2) Substantial disobedience.
        (3) Committing an act of battery.
    (b) The grounds for suspension or expulsion listed in subsection (a) apply when a student is:
        (1) on school grounds immediately before or during school hours, or immediately after school hours, or at any other time when the school is being used by a school group;

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        (2) off school grounds at a school activity, function, or event; or
        (3) traveling to or from school or a school activity, function, or event.
     (c) Subject to the procedural requirements of this chapter and as stated by school corporation rules, a student who is identified as committing an act of battery:
        (1) for the first time must be suspended; and
        (2) for a second or subsequent time must be expelled.

SOURCE: IC 20-33-9-10; (12)IN1327.1.3. -->     SECTION 3. IC 20-33-9-10, AS AMENDED BY P.L.72-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) In addition to any other duty to report arising under this article, an individual who has reason to believe that a school employee:
        (1) has received a threat;
        (2) is the victim of intimidation;
        (3) is the victim of battery; or
        (4) is the victim of harassment;
shall report that information as required by this chapter.
     (b) In addition to any other duty arising under this article, an individual who has reason to believe that a student is the victim of battery shall report that information as required by this chapter.

SOURCE: IC 20-33-9-13; (12)IN1327.1.4. -->     SECTION 4. IC 20-33-9-13, AS AMENDED BY P.L.72-2006, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. An individual who has a duty under sections 10 through 12 of this chapter to report that:
         (1) a school employee may have received a threat or may be the victim of intimidation, battery, or harassment; or
        (2) a student may be the victim of battery;
shall immediately make an oral report to the local law enforcement agency.

SOURCE: IC 20-33-9-14; (12)IN1327.1.5. -->     SECTION 5. IC 20-33-9-14, AS AMENDED BY P.L.72-2006, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14. Except as provided in section 15 of this chapter, an individual, other than a person accused of making a threat against a school employee, intimidating a school employee, committing a battery against a school employee, or harassing a school employee, or committing a battery against a student, who:
        (1) makes, or causes to be made, a report under this chapter; or
        (2) participates in any judicial proceeding or other proceeding:
            (A) resulting from a report under this chapter; or
            (B) relating to the subject matter of the report;
is immune from any civil or criminal liability that might otherwise be

imposed because of such actions.