HB 1416-1_ Filed 04/04/2011, 10:34 Waterman

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1416 be amended to read as follows:

SOURCE: Page 1, line 1; (11)MO141601.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 11-13-9-2; (11)MO141601.1. -->     "SECTION 1. IC 11-13-9-2, AS AMENDED BY P.L.42-2010, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) As used in this section, confinement is "consecutive" if:
        (1) the inmate has remained in the continuous custody of the department for the requisite length of time; or
        (2) the inmate would have remained in the continuous custody of the department for the requisite length of time, but:
            (A) was released from the custody of the department on the basis of an erroneous court order; and
            (B) returned to the custody of the department not later than seventy-two (72) hours after the erroneous court order was rescinded.
    (b)
Notwithstanding any other law, as soon as practicable after an inmate has been confined to the custody of the department for:
         (1) twenty-five (25) consecutive years; or
         (2) twenty-four (24) consecutive years if the inmate has received one (1) year of credit time under IC 35-50-6-3.3;
        (3) twenty-three (23) consecutive years if the inmate has received two (2) years of credit time under IC 35-50-6-3.3;
        (4) twenty-two (22) consecutive years if the inmate has received three (3) years of credit time under IC 35-50-6-3.3; or
        (5)
twenty-one (21) consecutive years if the inmate has received four (4) years of credit time under IC 35-50-6, IC 35-50-6-3.3;
the department shall (1) identify the inmate to the parole board and (2) provide the parole board with the inmate's offender progress report.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1416 as printed April 1, 2011.)

________________________________________

Senator WATERMAN


MO141601/DI 106
2011