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Legislative Update

sentencing

Sentence modification

March 28, 2018 Filed Under: Criminal

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

March 28, 2018 Filed Under: Criminal

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

Battery offenses

March 28, 2018 Filed Under: Criminal

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

Drug dealing resulting in death

March 28, 2018 Filed Under: Criminal

H.E.A. 1359, P.L. 198 Effective: July 1, 2018 Makes manufacturing or dealing certain controlled substances resulting in the death of a user: (1) a Level 1 felony if the controlled substance is cocaine, methamphetamine, or a schedule I, II, or III controlled substance; (2) a Level 2 felony if the controlled substance is a schedule IV controlled substance; and (3) a Level 3 felony if … [Read more...] about Drug dealing resulting in death

County jail issues

March 28, 2018 Filed Under: Criminal, Judicial Administration

H.E.A. 1263, P.L. 184 Effective: § §1-3, 6, 8-9, 14 effective March 21, 2018; §4-5, 7, 10-13 effective July 1, 2018 Sections 1 through 3 provides that a county fiscal body may adopt an ordinance to impose (within the local income tax expenditure rate) a tax rate for correctional facilities and rehabilitation facilities in the county. Specifies that the tax rate must be in in … [Read more...] about County jail issues

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