SB 229 Summary

• Defines "catastrophic injury" as bodily injury (including blindness, paralysis, or intellectual disability) so severe that a person's ability to live independently is significantly impaired for at least one year, excluding fatal injuries.

• Permits courts to impose an additional fixed sentence of 5-10 years for nine specified offenses (operating while intoxicated, battery, domestic battery, arson, burglary, resisting law enforcement, escape, felonies in IC 35-42, and operating motorboat while intoxicated) if the offense caused catastrophic injury to the victim.

• Requires the state to prove beyond a reasonable doubt that the offense resulted in catastrophic injury, with enhancement hearings conducted by jury if the original conviction was by jury, or by court if conviction was by guilty plea or bench trial.

• Prohibits imposing an additional fixed term if the same facts used to establish catastrophic injury are used to establish an element of the offense.

• Effective July 1, 2017.