February 25, 2005
SENATE BILL No. 525
_____
DIGEST OF SB 525
(Updated February 22, 2005 2:08 pm - DI 106)
Citations Affected: IC 35-50; noncode.
Synopsis: Life imprisonment for certain repeat sex offenders.
Authorizes the state to seek a sentence of life imprisonment without
parole for a person who commits a Class A felony constituting a sex
offense against a child and who has a prior unrelated Class A felony
conviction for a sex offense against a child.
Effective: July 1, 2005.
Zakas, Young R Michael, Steele,
Broden
January 20, 2005, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
February 24, 2005, amended, reported favorably _ Do Pass.
February 25, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 525
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 35-50-2-1.8; (05)SB0525.1.1. -->
SECTION 1. IC 35-50-2-1.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 1.8. As used in this chapter, "sex offense against a
child" means an offense under IC 35-42-4 in which the victim is a
child less than eighteen (18) years of age.
SOURCE: IC 35-50-2-8.5; (05)SB0525.1.2. -->
SECTION 2. IC 35-50-2-8.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8.5. (a) The state may
seek to have a person sentenced to life imprisonment without parole for
any felony described in section 2(b)(4) of this chapter by alleging, on
a page separate from the rest of the charging instrument, that the person
has accumulated two (2) prior unrelated felony convictions described
in section 2(b)(4) of this chapter.
(b) The state may seek to have a person sentenced to life
imprisonment without parole for a Class A felony under IC 35-42-4
that is a sex offense against a child by alleging, on a page separate
from the rest of the charging instrument, that the person has a
prior unrelated Class A felony conviction under IC 35-42-4 that is
a sex offense against a child.
(b) (c) If the person was convicted of the felony in a jury trial, the
jury shall reconvene to hear evidence on the life imprisonment without
parole allegation. If the person was convicted of the felony by trial to
the court without a jury or if the judgment was entered to guilty plea,
the court alone shall hear evidence on the life imprisonment without
parole allegation.
(c) (d) 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:
(1) has accumulated two (2) prior unrelated convictions for
offenses described in section 2(b)(4) of this chapter; or
(2) has a prior unrelated Class A felony conviction under
IC 35-42-4 that is a sex offense against a child.
(d) (e) The court may sentence a person found to be subject to life
imprisonment without parole under this section to life imprisonment
without parole.
SOURCE: IC 35-50-6-8; (05)SB0525.1.3. -->
SECTION 3. IC 35-50-6-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 8. A person serving a sentence of life imprisonment
without parole does not earn credit time under this chapter.
SOURCE: ; (05)SB0525.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2005]
IC 35-50-2-8.5, as
amended by this act, applies only to offenses committed after June
30, 2005.