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IN HB1430
Bill
Status
1/14/2015
Primary Sponsor
Jim Lucas
Click for details
AI Summary
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Court may impose an additional 5-20 year fixed term if a person knowingly or intentionally uses a firearm in the commission of a felony.
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Court may impose an additional fixed term of up to 20 years if a person possesses a firearm while committing any offense, provided the firearm is possessed at a location other than real property the person owns or has a contractual interest in.
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Court may impose a subsequent additional 5-year fixed term if the firearm used or possessed was stolen, but only after establishing the underlying firearm enhancement.
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Court may impose only one enhancement for possessing or using a firearm, but may add the stolen firearm enhancement on top of either the use or possession enhancement.
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All firearm sentencing enhancements are nonsuspendible and must be served consecutively to underlying sentences; IC 35-50-2-13 is repealed effective July 1, 2015.
Legislative Description
Criminal enhancements for using firearms in crimes. Permits a court to impose: (1) an additional fixed term of five to 20 years if a person uses a firearm in the commission of a felony; (2) an additional fixed term of up to 20 years if a person possesses a firearm while committing any offense; and (3) a subsequent additional fixed term of five years if the firearm is stolen. Specifies that a court may not impose two sentencing enhancements for possessing and using a firearm, but that the court may impose an additional enhancement if the firearm is stolen. Provides
Last Action
First Reading: referred to Committee on Courts and Criminal Code
1/14/2015