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IN HB1335
Bill
Status
1/14/2019
Primary Sponsor
Mike Speedy
Click for details
AI Summary
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Creates a new sentencing enhancement of 5 to 10 years of additional imprisonment for felonies that cause "permanent disabling harm" to public safety officials acting within the scope of their employment
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Defines "permanent disabling harm" as serious bodily injury resulting in permanent damage to intellectual, physical, or sensory functioning that substantially impairs the person's ability to perform ordinary life activities such as walking, seeing, hearing, speaking, breathing, learning, or working
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Requires the state to prove beyond a reasonable doubt that the defendant's knowing or intentional act was the proximate cause of the permanent disabling harm
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Enhancement must be sought on a separate page from the charging instrument, with a separate hearing conducted by jury (if jury trial) or court (if bench trial or guilty plea)
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Additional prison time imposed under this enhancement is nonsuspendible, effective July 1, 2019
Legislative Description
Permanent disabling harm to first responders. Defines "permanent disabling harm" and permits imposition of a nonsuspendible sentencing enhancement of five to 10 years if the state proves beyond a reasonable doubt 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
1/14/2019