sentencing

The Senate Corrections and Criminal Law Committee heard SB 198 on controlled substances in penal facilities by Sen. Bohacek. This bill makes committing a controlled substance offense on the property of a penal facility or juvenile facility an enhancing circumstance at the penalty phase. The bill was amended by consent to remove the term synthetic drug from the dealing enhancement. … [Read more...] about Controlled substances in penal facilities

S.E.A. 64, P.L. 45 Effective: July 1, 2018 Requires a court to advise a defendant, before accepting a guilty plea, that the court will be bound by terms of a plea agreement both at the time of sentencing and with respect to sentence modification. Provides that a court may not, without the consent of the prosecuting attorney, reduce the sentence of a person sentenced under a plea … [Read more...] about Sentence modification

H.E.A. 1033, P.L. 20 Effective: March 8, 2018 Provides that, for purposes of law regarding death sentences and sentences for felonies and habitual offenders, a Level 6 felony conviction includes a conviction in another jurisdiction for which the offender might have been imprisoned for more than one year but less than two and one-half years. … [Read more...] about Treatment of out-of-state convictions in sentencing

H.E.A. 1250, P.L. 80 Effective: July 1, 2018 Adds the following offenses to the statutory definition of "crime of violence": (1) Battery as a Level 2 felony. (2) Battery as a Level 3 felony. (3) Battery as a Level 4 felony. (4) Battery as a Level 5 felony. Adds a bailiff of any court and a special deputy to the definition of "public safety official" for purposes of the battery … [Read more...] about Battery offenses