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IN SB0199
Bill
Status
1/3/2018
Primary Sponsor
Aaron Freeman
Click for details
AI Summary
Senate Bill 199 Summary
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Amends IC 35-38-1-17 to prohibit courts from reducing or suspending sentences for individuals sentenced under plea agreements unless the prosecuting attorney consents or the plea agreement specifically authorizes the reduction.
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Applies to persons who committed offenses or were sentenced before July 1, 2014, excluding credit restricted felons and most violent criminals (with limited exceptions).
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Requires courts to notify the prosecuting attorney and victim when setting a hearing on sentence modification petitions.
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Non-violent offenders may file up to two sentence modification petitions during any consecutive incarceration period (maximum one per 365-day period) without prosecutor consent; violent criminals have one 365-day window from sentencing to file without consent.
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Declares any waiver of sentence modification rights in a plea agreement invalid and unenforceable as against public policy; effective July 1, 2018.
Legislative Description
Sentence modification. Provides that a court may not, without the consent of the prosecuting attorney, reduce the sentence of a person sentenced under a plea agreement if the reduction was not authorized by the plea agreement.
Last Action
First reading: referred to Committee on Judiciary
1/3/2018