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IN HB1160
Bill
Status
1/8/2018
Primary Sponsor
Richard Hamm
Click for details
AI Summary
HB 1160 Summary
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Requires prosecutors to seek a mandatory 10-year additional fixed sentence enhancement for any felony if the state proves beyond a reasonable doubt that the person knowingly or intentionally used a firearm in committing the offense.
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Mandates that courts must impose the 10-year sentence enhancement (rather than having discretion) if the state proves firearm use beyond a reasonable doubt, with no ability to suspend this additional term.
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Prohibits plea agreements that would prevent prosecutors from seeking or courts from imposing the 10-year firearm enhancement when firearm use can be proven beyond a reasonable doubt.
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Expands the definition of "offense" subject to enhancement to include any felony (previously limited to felonies resulting in death or serious bodily injury, kidnapping, or criminal confinement).
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Makes the 10-year enhancement nonsuspendible and requires it to be sought on a separate page of the charging instrument, effective July 1, 2018.
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 10 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 a person knowingly or intentionally used a firearm in the commission of a felony, the court shall sentence the person to an additional fixed term of imprisonment of 10 years. Specifies that the
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/8/2018