Senate Bill 2161 Summary

• Amends the procedure for classifying burglary of a dwelling and certain other felony offenses (with maximum sentences of 5 or more years) as crimes of violence to require jury determination rather than judicial discretion.

• Requires the prosecuting attorney or grand jury to provide notice on the information or indictment that the prosecutor may seek to classify the offense as a crime of violence, separate from the substantive charge.

• Requires a separate sentencing phase where the jury must find beyond a reasonable doubt that the defendant used physical force, made a credible attempt or threat of physical force, or used a deadly weapon in committing the felony offense.

• Clarifies that persons convicted of crimes of violence are not eligible for parole or early release, with no specific minimum portion of sentence required to be served before parole consideration.

• Effective July 1, 2020.