HB 1296 Summary

• Modifies habitual offender sentencing requirements for drug possession offenses under Indiana Code 35-50-2-8 and 35-50-2-10, effective July 1, 2010.

• Prohibits prosecutors from seeking habitual offender enhancement if a person has no more than one prior unrelated conviction for dealing in controlled substances (legend drugs, cocaine, narcotics, or Schedule I-V controlled substances).

• Prohibits prosecutors from seeking habitual substance offender enhancement if a person has no more than two prior unrelated convictions for simple drug possession (cocaine, methamphetamine, controlled substances, paraphernalia, or marijuana).

• Prevents habitual substance offender sentencing for a person's first two convictions involving the specified possession offenses listed in the statute.

• Allows courts to reduce the mandatory 3-8 year additional sentence for habitual substance offenders if three or more years have passed since the prior conviction, or if the person has one or fewer prior dealing convictions.