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IN HB1412
Bill
Status
1/14/2015
Primary Sponsor
Mike Speedy
Click for details
AI Summary
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Defines "permanent disabling harm" as serious bodily injury that results in permanent injury to intellectual, physical, or sensory functioning and substantially impairs a person's ability to meet ordinary demands of life such as self-care, manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.
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Permits prosecutors to seek an additional sentencing enhancement on a separate charging page if a felony resulted in permanent disabling harm to a public safety official acting within the scope of employment.
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Requires the state to prove beyond a reasonable doubt that the defendant's knowing or intentional act was the proximate cause of the permanent disabling harm to the public safety official.
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Authorizes courts to impose an additional fixed term of imprisonment of at least 5 years but not more than 10 years as a nonsuspendible sentence if the enhancement is proven.
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Requires jury reconvening for the enhancement hearing in jury trials, or allows the court to hear evidence alone if the trial was to the court or judgment was entered on guilty plea.
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Effective date: July 1, 2015.
Legislative Description
Severe injury to first responders. Defines "permanent disabling harm" and permits imposition of a nonsuspendible sentencing enhancement of five to 10 years if the state proves that a person committed a felony that caused a public safety official to suffer permanent disabling harm.
Last Action
First Reading: referred to Committee on Courts and Criminal Code
1/14/2015