Introduced Version






SENATE BILL No. 367

_____


DIGEST OF INTRODUCED BILL



Citations Affected: None (noncode).

Synopsis: Review of sentences of certain habitual offenders. Allows a person: (1) convicted of certain felonies involving controlled substances; and (2) sentenced as a habitual offender; to petition the sentencing court to vacate any additional fixed term of imprisonment added to the person's sentence because the person was found to be a habitual offender. Requires the court to order the department of correction (department) to determine the person's new expected release date if the court vacates an additional fixed term of imprisonment added to the person's sentence. Requires the department to release the person if the department determines that the person's release date occurred before the date the court vacated the person's sentence. Prohibits a person from bringing an action against the state or an employee of the state if the department determines that the person's release date occurred before the date the court vacated the person's sentence.

Effective: July 1, 2007.





Bowser




    January 11, 2007, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

First Regular Session 115th General Assembly (2007)


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.
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SENATE BILL No. 367



    A BILL FOR AN ACT concerning sentences for habitual offenders.

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

SOURCE: ; (07)IN0367.1.1. -->     SECTION 1. [EFFECTIVE JULY 1, 2007] (a) Notwithstanding P.L.291-2001, SECTION 228(b), this SECTION applies to a person if:
        (1) the person was found to be and sentenced as a habitual offender under IC 35-50-2-8;
        (2) the felony offense for which the person was sentenced as a habitual offender under IC 35-50-2-8 was:
            (A) an offense under IC 16-42-19 or IC 35-48-4; and
            (B) not listed in IC 35-50-2-2(b)(4) (as in effect July 1, 2001); and
        (3) at the time the person was sentenced as a habitual offender under IC 35-50-2-8, the total number of unrelated convictions that the person had for:
            (A) dealing in or selling a legend drug under IC 16-42-19-27;
            (B) dealing in cocaine or a narcotic drug (IC 35-48-4-1);
            (C) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
            (D) dealing in a schedule IV controlled substance (IC 35-48-4-3); and
            (E) dealing in a schedule V controlled substance (IC 35-48-4-4);
        did not exceed one (1).
    (b) A person described in subsection (a) may petition the sentencing court to have the person's sentence reviewed. Upon receipt of a petition submitted under this subsection, if the court finds that the person who submitted the petition is a person described in subsection (a), the court shall vacate any additional fixed term of imprisonment added to the person's sentence under IC 35-50-2-8.
    (c) If, under subsection (b), a court vacates an additional fixed term of imprisonment added to a person's sentence, the court shall order the department of correction to determine the person's new expected release date. If the department determines that the person's release date occurred before the date the court vacated the person's sentence under subsection (b), the department shall release the person.
    (d) This SECTION does not create a cause of action against the state or an employee of the state. A person may not bring an action against the state or an employee of the state if the department of correction determines under subsection (c) that the person's release date occurred before the date the court vacated the person's sentence under subsection (b).