I move that Senate Bill 248 be amended to read as follows:
Page 4, after line 37, begin a new paragraph and insert:
"SECTION 2. IC
35-50-2-14
, AS ADDED BY P.L.214-1999,
SECTION 4, IS AMENDED TO READ AS FOLLOWS: Sec. 14. (a)
The state may seek to have a person sentenced as a repeat sexual
offender for a sex offense under IC
35-42-4-1
through IC
35-42-4-9
or
IC
35-46-1-3
by alleging, on a page separate from the rest of the
charging 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
.
(b) After a person has been convicted and sentenced for a felony
committed after sentencing for a prior unrelated felony conviction
under IC
35-42-4-1
through IC
35-42-4-9
or IC
35-46-1-3
, the person
has accumulated one (1) prior unrelated felony 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) The court alone shall conduct the sentencing hearing under
IC
35-38-1-3
.
(d) A person is a repeat sexual offender if the court finds that the
state has proved beyond a reasonable doubt that the person had
accumulated one (1) prior unrelated felony conviction under
IC
35-42-4-1
through IC
35-42-4-9
or IC
35-46-1-3
.
(e) The court may sentence a person found to be a repeat sexual
offender to an additional fixed term that is the presumptive sentence for
the underlying offense. However, the additional sentence may not
exceed ten (10) years.
(f) The state may seek to have a person sentenced to life
imprisonment without parole for a child molest offense under IC
35-42-4-3 as a Class A or Class B felony by alleging, on a page
separate from the rest of the charging instrument, that the person
has accumulated one (1) prior unrelated felony conviction for a
child molest offense under IC 35-42-4-3 as a Class A or Class B
felony.
(g) After a person has been convicted and sentenced for a
Class A or Class B felony committed after sentencing for a prior
unrelated felony conviction under IC 35-42-4-3 as a Class A or
Class B, the person has accumulated one (1) prior unrelated felony
conviction for a child molest offense under IC 35-42-4-3.
(h) If the person was convicted of the child molest offense
under IC 35-43-4-3 as Class A or Class B 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 child
molest offense under IC 35-43-4-3 as Class A or Class B 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.
(i) 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 has
accumulated one (1) prior unrelated conviction for child molest
under IC 35-42-4-3 as a Class A or Class B felony.
(j) The court may sentence a person found to be subject to life
imprisonment without parole under this section to life
imprisonment without parole."
Renumber all SECTIONS consecutively .
(Reference is to SB 248 as printed March 30, 2001.)