H.B. 349 - Sentencing of Repeat Offenders

• Changes mandatory minimum sentencing for repeat offenders to discretionary sentencing, allowing judges to impose sentences within applicable ranges rather than requiring fixed minimum terms.

• Applies to repeat convictions for murder in the second degree, all class A and B felonies, and specified class C felonies including assault, sexual assault, burglary, theft, and drug-related offenses.

• Modifies sentencing requirements based on number of prior felony convictions: one prior (6 years 8 months to 10 years depending on offense level), two priors (13 years 4 months to 20 years), or three or more priors (20 to 30 years).

• Changes misdemeanor repeat offender sentencing from mandatory to discretionary for assault, terroristic threatening, sexual assault, property damage, and theft offenses with three prior convictions within three years.

• Takes effect July 1, 2011 and does not affect proceedings or penalties incurred before the effective date.