Introduced Version






HOUSE BILL No. 1089

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-50-2-15 .

Synopsis: Life without parole for child molestation. Provides that a person who is convicted of child molesting as a Class A or Class B felony may be sentenced to life imprisonment without parole if the person has a prior unrelated conviction that is a Class A or Class B felony for child molesting.

Effective: July 1, 2002.





Atterholt




    January 8, 2002, read first time and referred to Committee on Rules and Legislative Procedures.







Introduced

Second Regular Session 112th General Assembly (2002)


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HOUSE BILL No. 1089



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-50-2-15; (02)IN1089.1.1. -->     SECTION 1. IC 35-50-2-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 15. (a) The state may seek to have a person sentenced to life imprisonment without parole for an offense that is a Class A felony or Class B felony under IC 35-42-4-3 by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated one (1) prior unrelated conviction that is a Class A or Class B felony under IC 35-42-4-3.
    (b) A person has accumulated one (1) prior unrelated conviction for purposes of this section only if the offense for which the state seeks to have the person sentenced to life imprisonment without parole was committed after sentencing for the prior unrelated conviction that is a Class A or Class B felony under IC 35-42-4-3.

     (c) A conviction that is a Class A or Class B felony under IC 35-42-4-3 does not count for purposes of this section as a prior unrelated conviction if:
        (1) the conviction has been set aside; or
        (2) the conviction is one for which the person has been pardoned.
    (d) If the person is convicted of the Class A or Class B felony under IC 35-42-4-3 in a jury trial, the jury shall reconvene to hear evidence on the life imprisonment without parole allegation. If the person is convicted of the Class A or Class B felony under IC 35-42-4-3 by trial to the court without a jury or if the judgment is entered by a guilty plea, the court alone shall hear evidence on the life imprisonment without parole allegation.
    (e) A person is subject to life imprisonment without parole if the jury (in a case tried by a jury) or the court (in a case tried by the court or on a judgment entered on a guilty plea) finds that the state has proved beyond a reasonable doubt that the person has accumulated one (1) prior unrelated conviction that is a Class A or Class B felony under IC 35-42-4-3.
    (f) The court may sentence a person found to be subject to life imprisonment without parole under this section to life imprisonment without parole.