The Senate Corrections & Criminal Law Committee heard, for amendment and vote only, SB 178 authored by Sen. Messmer on battery and neglect of a dependent. The bill enhances the felony level for battery or neglect offenses committed against an endangered adult or person with a mental or physical disability by one level for the base offenses or offenses resulting in bodily injury or serious bodily injury, or from Level 3 to Level 1 for offenses resulting in death.
Sen. Messmer introduced amendments reducing the original bill’s Level 1 offenses to Level 2 (aimed at concerns that the proposed Level 1 felony was disproportionate to existing Level 2 felony manslaughter); to apply only to victims with a “serious” mental disability (aimed at concerns that “mental disability” standing alone risked overbroad application); and to apply to endangered adults only if they are “under the care of another person.” The bill was amended by consent, and passed 7-0.
Read the bill at https://iga.in.gov/legislative/2016/bills/senate/178