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IN SB0143
Bill
Status
1/4/2017
Primary Sponsor
Lonnie Randolph
Click for details
AI Summary
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Repeals IC 35-31.5-2-351.5 defining "violent criminal" for sentence modification purposes, effective July 1, 2017.
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Removes restrictions that previously prohibited sentence modification for persons convicted of violent crimes including murder, rape, robbery, burglary, and kidnapping.
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Eliminates provisions allowing courts to deny sentence modification requests without written findings and conclusions, and to reduce or suspend sentences without holding hearings.
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Removes limitations on prisoner petitions for sentence modification, including the one-petition-per-year cap and two-petition maximum during consecutive incarceration.
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Invalidates prohibitions on waiving the right to sentence modification as part of plea agreements, making any such waivers unenforceable as against public policy.
Legislative Description
Sentence modification. Changes the sentence modification statute by: (1) removing restrictions on the availability of sentence modification to persons convicted of certain crimes; (2) removing provisions allowing a court to: (A) deny a request to suspend or reduce a sentence without making written findings and conclusions; and (B) reduce or suspend a sentence without holding a hearing under certain circumstances; (3) removing provisions regarding prisoner petitions for sentence modification; and (4) removing a prohibition on including waiver of a convicted person's right to sentence modification as part of the person's plea agreement.
Last Action
First reading: referred to Committee on Judiciary
1/4/2017