The Senate Corrections and Criminal Law Committee heard SB 92, Sen. Schneider’s bill to enhance criminal penalties using deadly weapons. As introduced, the bill established sentencing enhancements of 5 to 20 years if a deadly weapon, not just a firearm as provided under current law, is possessed during the commission of all offenses against the person, arson for hire, resisting law enforcement, burglary, or rioting. This provision was amended by consent to make it apply only if the deadly weapon is used, rather than merely possessed. The bill also provides that a sentence may be enhanced when a deadly weapon is possessed during the commission of controlled substance offenses, but this provision was also amended by consent to make it apply only if the deadly weapon is used, rather than merely possessed. The bill was also amended by consent to provide that sentencing enhancements for the use of a deadly weapon during the commission of an offense may not be suspended. The bill also makes a person a habitual offender if the state proves the person has been convicted of three prior unrelated felonies of any level.
Legislative Services staff reported that the fiscal impact of the bill cannot be predicted with confidence. The bill passed as amended 8-1.
Read the bill at http://iga.in.gov/legislative/2015/bills/senate/92.