Introduced Version






HOUSE BILL No. 1033

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-50-2.

Synopsis: Conversion of Class D felony to Class A misdemeanor. Permits a court to convert a Class D felony to a Class A misdemeanor if: (1) the person is not a sex or violent offender; (2) the offense was a non-violent offense; (3) at least three years have passed since the person completed the sentence; and (4) the person has not been convicted of a new felony. Specifies that a conviction for a Class A misdemeanor that was originally entered as a Class D felony and converted to a Class A misdemeanor under an express sentencing provision is treated as a Class A misdemeanor.

Effective: July 1, 2012.





McMillin




    January 9, 2012, read first time and referred to Committee on Courts and Criminal Code.







Introduced

Second Regular Session 117th General Assembly (2012)


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HOUSE BILL No. 1033



    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; (12)IN1033.1.1. -->     SECTION 1. IC 35-50-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) As used in this chapter, "Class D felony conviction" means a conviction of a Class D felony in Indiana and a conviction, in any other jurisdiction at any time, with respect to which the convicted person might have been imprisoned for more than one (1) year. However, it does not include a conviction with respect to which the person has been pardoned, or a conviction of a Class A misdemeanor entered under IC 35-38-1-1.5 or section 7(b) or 7(c) of this chapter.
    (b) As used in this chapter, "felony conviction" means a conviction, in any jurisdiction at any time, with respect to which the convicted person might have been imprisoned for more than one (1) year. However, it does not include a conviction with respect to which the person has been pardoned, or a conviction of a Class A misdemeanor under section 7(b) of this chapter.
    (c) As used in this chapter, "minimum sentence" means:
        (1) for murder, forty-five (45) years;
        (2) for a Class A felony, twenty (20) years;
        (3) for a Class B felony, six (6) years;
        (4) for a Class C felony, two (2) years; and
        (5) for a Class D felony, one-half (1/2) year.
SOURCE: IC 35-50-2-7; (12)IN1033.1.2. -->     SECTION 2. IC 35-50-2-7, AS AMENDED BY P.L.71-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) A person who commits a Class D felony shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
    (b) Notwithstanding subsection (a), if a person has committed a Class D felony, the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the court shall enter a judgment of conviction of a Class D felony if:
        (1) the court finds that:
            (A) the person has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor; and
            (B) the prior felony was committed less than three (3) years before the second felony was committed;
        (2) the offense is domestic battery as a Class D felony under IC 35-42-2-1.3; or
        (3) the offense is possession of child pornography (IC 35-42-4-4(c)).
The court shall enter in the record, in detail, the reason for its action whenever it exercises the power to enter judgment of conviction of a Class A misdemeanor granted in this subsection.
     (c) Notwithstanding subsection (a), the sentencing court may convert a Class D felony conviction to a Class A misdemeanor conviction if, after a hearing of which the prosecuting attorney has been notified, the court makes the following findings:
        (1) The person is not a sex or violent offender (as defined in IC 11-8-8-5).
        (2) The person was not convicted of a Class D felony that resulted in bodily injury to another person.
        (3) At least three (3) years have passed since the person:
            (A) completed the person's sentence; and
            (B) satisfied any other obligation imposed on the person as part of the sentence;
        for the Class D felony.
        (4) The person has not been convicted of a felony since the

person:
            (A) completed the person's sentence; and
            (B) satisfied any other obligation imposed on the person as part of the sentence;
        for the Class D felony.