The Senate Committee on Corrections and Criminal Law heard Rep. Sandlin’s SB 163 on recidivist look back periods adding a felony OWI where the defendant has two priors during any time period and limiting Level 6 felony theft to cases where the defendant had a prior in the past ten years. The committee will explore future amendments to provide a time period for the two prior OWIs. A r … [Read more...] about Recidivist look back periods
sentencing
Crimes involving synthetic drugs
The Senate Corrections and Criminal Law Committee heard SB 28 on enhancement of penalties for crimes involving synthetic drugs by Sen. Bohacek. This bill makes certain offenses involving synthetic drugs an enhancing circumstance at the penalty phase. It removes certain misdemeanor prosecutions concerning synthetic drugs and synthetic lookalike drugs from eligibility for conditional … [Read more...] about Crimes involving synthetic drugs
Controlled substances in penal facilities
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
Sentence modification
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
Treatment of out-of-state convictions in sentencing
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