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IN SB0061
Bill
Status
1/6/2015
Primary Sponsor
Dennis Kruse
Click for details
AI Summary
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Defines "permanent disabling harm" as serious bodily injury resulting in permanent impairment to a person's intellectual, physical, or sensory functioning that substantially impairs their 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 the state to seek an additional fixed sentencing enhancement of 5 to 10 years if proven beyond a reasonable doubt that a felony resulted in permanent disabling harm and the defendant's knowing or intentional act was the proximate cause.
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Requires a jury to reconvene for enhancement hearings if the original conviction was by jury trial; allows the court alone to conduct the hearing if the trial was to the court or judgment was entered on guilty plea.
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Makes any additional fixed term imposed under this enhancement nonsuspendible, meaning it cannot be suspended or subject to early release.
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Takes effect July 1, 2015; does not include death as permanent disabling harm.
Legislative Description
Permanent disability sentencing enhancement. 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 person to suffer permanent disabling harm.
Last Action
First Reading: referred to Committee on Corrections & Criminal Law
1/6/2015