Citations Affected:
IC 35-50-2-2
.
Synopsis: Life probation for sex offenders. Allows a court that
suspends part of a sentence imposed on a person convicted of rape,
criminal deviate conduct, child molesting, child exploitation, vicarious
sexual gratification, child solicitation, child seduction, sexual
misconduct with a minor as a Class A felony or Class B felony, incest,
or sexual battery to place the person on probation for a fixed period or
for life.
Effective: July 1, 2001.
January 18, 2001, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1.
IC 35-50-2-2
, AS AMENDED BY P.L.188-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 2. (a) The court may suspend any part of a
sentence for a felony, except as provided in this section or in section
2.1 of this chapter.
(b) With respect to the following crimes listed in this subsection, the
court may suspend only that part of the sentence that is in excess of the
minimum sentence:
(1) The crime committed was a Class A or Class B felony and the
person has a prior unrelated felony conviction.
(2) The crime committed was a Class C felony and less than seven
(7) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class C felony for which the person is
being sentenced.
(3) The crime committed was a Class D felony and less than three
(3) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class D felony for which the person is
being sentenced. However, the court may suspend the minimum
sentence for the crime only if the court orders home detention
under
IC 35-38-1-21
or
IC 35-38-2.5-5
instead of the minimum
sentence specified for the crime under this chapter.
(4) The felony committed was:
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A
felony;
(H) child molesting (IC 35-42-4-3) as a Class A or Class B
felony;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury or
with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious bodily
injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury
or with a deadly weapon;
(L) resisting law enforcement (IC 35-44-3-3) with a deadly
weapon;
(M) escape (IC 35-44-3-5) with a deadly weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine or a narcotic drug (IC 35-48-4-1) as a
Class A felony;
(P) dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2) if the amount of controlled substance involved
has an aggregate weight of three (3) grams or more;
(Q) an offense under
IC 9-30-5
(operating a vehicle while
intoxicated) and the person who committed the offense has
accumulated at least two (2) prior unrelated convictions under
IC 9-30-5
; or
(R) aggravated battery (IC 35-42-2-1.5).
(c) Except as provided in subsection (e), whenever the court
suspends a sentence for a felony, it shall place the person on probation
under
IC 35-38-2
for a fixed period to end not later than the date that
the maximum sentence that may be imposed for the felony will expire.
(d) The minimum sentence for a person convicted of voluntary
manslaughter may not be suspended unless the court finds at the
sentencing hearing that the crime was not committed by means of a
deadly weapon.
(e) Whenever the court suspends that part of an offender's (as
defined in IC 5-2-12-4
IC 5-2-12-4
(1)) sentence that is suspendible
under subsection (b), the court shall may place the offender on
probation under
IC 35-38-2
for not more than ten (10) years. a fixed
period or for life.
(f) An additional term of imprisonment imposed under
IC 35-50-2-11
may not be suspended.
(g) A term of imprisonment imposed under
IC 35-47-10-6
or
IC 35-47-10-7
may not be suspended if the commission of the offense
was knowing or intentional.
(h) A term of imprisonment imposed for an offense under
IC 35-48-4-6(b)(1)(B) may not be suspended.
SECTION 2. [EFFECTIVE JULY 1, 2001]
IC 35-50-2-2
, as
amended by this act, applies only to crimes committed after June
30, 2001.