Citations Affected: IC 35-50-2-14.
Synopsis: Attempted sex crimes as enhancement at sentencing.
Provides that an attempted sex offense may be used to establish that a
person is a repeat sex offender. Adds certain offenses that may be used
to establish that a person is a repeat sex offender, and makes
conforming amendments.
Effective: July 1, 2009.
January 7, 2009, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
instrument, that the person has accumulated one (1) prior unrelated
felony conviction for a sex offense under IC 35-42-4-1 through
IC 35-42-4-9 or IC 35-46-1-3, or for an offense committed in another
jurisdiction that is substantially similar to a sex offense under
IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-3. subsection (a).
(b) (c) After a person has been convicted and sentenced for a felony
committed under subsection (a)(1) or (a)(2) after sentencing having
been sentenced for a prior unrelated felony conviction sex offense
under IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-3, or for an
offense committed in another jurisdiction that is substantially similar
to a sex offense under IC 35-42-4-1 through IC 35-42-4-9 or
IC 35-46-1-3, subsection (a), the person has accumulated one (1) prior
unrelated felony sex offense conviction. However, a conviction does
not count for purposes of this subsection, if:
(1) it has been set aside; or
(2) it is one for which the person has been pardoned.
(c) (d) If the person was convicted of the sex offense in a jury trial,
the jury shall reconvene to hear evidence in the enhancement hearing.
If the trial was to the court, or the judgment was entered on a guilty
plea, the court alone shall hear evidence in the enhancement hearing.
(d) (e) A person is a repeat sexual offender if the jury (if the hearing
is by jury) or the court (if the hearing is to the court alone) finds that
the state has proved beyond a reasonable doubt that the person had
accumulated one (1) prior unrelated felony sex offense conviction.
under IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-3, or had
accumulated one (1) prior unrelated conviction for an offense
committed in another jurisdiction that is substantially similar to a sex
offense under IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-3.
(e) (f) The court may sentence a person found to be a repeat sexual
offender to an additional fixed term that is the advisory sentence for the
underlying offense. However, the additional sentence may not exceed
ten (10) years.