SB 248-2_ Filed 04/04/2001, 16:22
Adopted 4/5/2001


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

    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.)

    


________________________________________

Representative ATTERHOLT


RH 024802/DI to
2001