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IN HB1260

Bill

Status

Introduced

1/11/2016

Primary Sponsor

Mike Speedy

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Defines "permanent disabling harm" as serious bodily injury resulting in permanent damage to intellectual, physical, or sensory functioning that substantially impairs a person's ability to perform ordinary life activities such as self-care, manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working (excludes death).

  • Permits the state to seek an additional fixed prison sentence of 5 to 10 years if convicted of a felony that caused permanent disabling harm to a public safety official acting within the scope of employment.

  • Requires proof beyond a reasonable doubt that the felony caused the permanent disabling harm and that the defendant's knowing or intentional act was the proximate cause.

  • Makes the additional sentence nonsuspendible, meaning it cannot be suspended or waived by the court.

  • Establishes that jury trials reconvene for enhancement hearings, while bench trials or guilty pleas proceed with the court alone hearing evidence on the enhancement.

  • Effective July 1, 2016.

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

1/11/2016

Committee Referrals

Courts and Criminal Code1/11/2016

Full Bill Text

No bill text available