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IN HB1142
Bill
Status
1/7/2016
Primary Sponsor
Richard Hamm
Click for details
AI Summary
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Requires prosecutors to seek a mandatory 15-year fixed sentence enhancement for felonies when the state proves beyond a reasonable doubt that a firearm was knowingly or intentionally used in the commission of the crime.
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Makes the 15-year sentence enhancement mandatory for courts to impose upon proof of firearm use, and specifies that this additional term is nonsuspendible (cannot be suspended).
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Prohibits plea agreements that would prevent prosecutors from seeking or courts from imposing the 15-year firearm enhancement when firearm use can be proven beyond a reasonable doubt.
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Redefines "offense" for enhancement purposes to include felonies under IC 35-42 resulting in death or serious bodily injury, kidnapping, and criminal confinement as Level 2 or Level 3 felonies.
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Effective July 1, 2016.
Legislative Description
Sentence enhancement for use of a firearm. Requires the state to seek to have a person who allegedly committed a felony sentenced to an additional fixed term of imprisonment of 15 years if the state can show beyond a reasonable doubt that the person knowingly or intentionally used a firearm in the commission of the felony. Provides that, if the state proves beyond a reasonable doubt that the person knowingly or intentionally used a firearm in the commission of the felony, the court is required to sentence the person to an additional fixed term of imprisonment of 15 years. Specifies
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/7/2016