The House Courts and Criminal Code Committee heard HB 1235 concerning drug offenses authored by Reps. Steuerwald, Koch, McNamara, Goodin. The bill makes a prior conviction of dealing in synthetic drugs an enhancing circumstance for the purpose of sentencing for dealing in controlled substances offenses and makes the minimum sentence for a Level 2 felony conviction under IC 35-48-4-1 or IC 35-48-4-1.1 (both controlled substance offense statutes) non-suspendible.
Those testifying in support of the bill included representatives from the Governor’s Office and the Indiana Prosecuting Attorney Council. Those testifying in opposition included the Indiana Public Defenders Council and Judge Mary Willis, Henry Circuit Court #1, on behalf of the Indiana Judges Association, who highlighted the removal of judicial discretion in sentencing for Level 2 offenders. After much discussion and debate, the bill passed 8-3.
Read the bill at https://iga.in.gov/legislative/2016/bills/house/1235