IN SB0043

Adds a new aggravating circumstance for murder sentencing when the murder is committed in the physical presence of a person under 16 years of age who might be able to see or hear it, which may support a death penalty or life without parole sentence

Creates a sentence enhancement for felonies resulting in death or serious bodily injury, kidnapping, or Class B felony criminal confinement committed in the presence of a person under 16: an additional fixed term between the advisory sentence and three times that amount, capped at 30 years

Establishes a 10-year additional fixed term enhancement for committing these same offenses while knowingly violating a protective order

Protective orders covered include domestic violence orders, workplace violence restraining orders, no contact orders from various proceedings (pretrial release, probation, child services), and similar orders from other states or Indian tribes

Applies only to crimes committed after June 30, 2010, with an effective date of July 1, 2010