HP0044
LD 46
First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF LR 129
Item 3
Bill Tracking Chamber Status

Amend the bill by striking out the title and substituting the following:

‘An Act To Create Mandatory Minimum Sentences of 25 Years Imprisonment for Persons Convicted of Repeat Sex Offenses against Victims under 12 Years of Age’

Amend the bill by striking out all of section 2 (page 1, lines 7 to 13 in L.D.)

Amend the bill in section 3 by striking out all of subsection 4-F (page 1, lines 15 to 22 in L.D.) and inserting the following:

4-F   If the State pleads and proves that a crime under section 253 was committed against a person who had not yet attained 12 years of age and that the defendant had previously been convicted and sentenced for committing gross sexual assault, formerly denominated as gross sexual misconduct, or rape, or had previously been convicted and sentenced for engaging in substantially similar conduct in another jurisdiction against a person who had not yet attained 12 years of age, the court, notwithstanding subsection 2, shall impose a term of imprisonment for any term of years not less than 25.

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment is one of 2 minority reports of the Joint Standing Committee on Criminal Justice and Public Safety. The amendment strikes the provision in the bill that changes the sentence for gross sexual assault against a victim who is under 12 years of age to a period of imprisonment of 25 years. Instead, the amendment specifies that if the State pleads and proves that a gross sexual assault was committed against a person who had not yet attained 12 years of age and that the defendant had previously been convicted and sentenced for committing gross sexual assault, formerly denominated as gross sexual misconduct, or rape, or conduct substantially similar to one of these crimes in another jurisdiction against a person who had not yet attained 12 years of age, the court shall impose a term of imprisonment for any term of years that is not less than 25.


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