House Bill 1007 Summary

• Increases the penalty for domestic battery from a Class A misdemeanor to a Class D felony, effective July 1, 2010.

• Raises the offense to a Class C felony if the offender has a previous unrelated conviction for domestic battery under this section or a substantially similar crime in any other jurisdiction.

• Raises the offense to a Class C felony if the domestic battery is committed in the physical presence of a child under 16 years of age, with the offender knowing the child was present and able to see or hear the offense.

• Makes a technical correction by removing reference to IC 35-42-2-1(a)(2)(E) before its repeal.

• Clarifies that courts must consider six factors when determining whether a person was living as a spouse, including duration of relationship, frequency of contact, financial interdependence, and other relevant factors.