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Legislative Update

Habitual offender requirements

February 10, 2017 Filed Under: Criminal

The House Courts & Criminal Code Committee heard HB 1064 authored by Rep. Steuerwald and co-authored by Rep. Pierce on habitual offender requirements. The bill is meant to clarify legislative intent behind the amendments to I.C. § 35-50-2-8(c) that took effect in 2014 and provides that persons convicted of a new level 5 felony offense will qualify for sentencing as a habitual offender if:

  • they have two prior unrelated felonies;
  • at least one of the two prior unrelated felonies is not a level 6 or class D felony; and
  • not more than ten years have elapsed since the person was released from imprisonment, probation, or parole for at least one of the two prior unrelated felonies and the time the person committed the current offense.

Representatives of both the Indiana Public Defender Council and the Indiana Prosecuting Attorney’s Council testified in support of the bill. The bill passed 10-0.
Read the bill at http://iga.in.gov/legislative/2017/bills/house/1064

Filed Under: Criminal Tagged With: sentencing

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