92nd General Assembly
Summary of SB0001
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Senate Sponsors:
HAWKINSON.

Short description: 
CRIM PRO-INCREASED PENALTIES                                               

Synopsis of Bill as introduced:
        Amends the Code of Criminal Procedure of 1963. Provides that, in       
   all cases other than death penalty cases, if an alleged fact (other         
   than the fact of a prior conviction) is not an element of an offense        
   but is sought to be used to increase the range of penalties for the         
   offense beyond the statutory maximum that could otherwise be imposed        
   for the offense, the alleged fact must be included in the charging          
   instrument, submitted to the trier of fact as an element of the             
   offense, and proved beyond a reasonable doubt. Provides that failure        
   to prove the fact beyond a reasonable doubt is not a bar to a               
   conviction for commission of the offense, but is a bar to increasing,       
   based on that fact, the range of penalties for the offense beyond the       
   statutory maximum that could otherwise be imposed for the offense.          
   Provides that, if a conviction is reversed solely for the failure to        
   prove beyond a reasonable doubt a fact used to increase the range of        
   penalties for the offense beyond  the  statutory  maximum  that  could      
   otherwise  be  imposed  for  the  offense or solely for the failure to      
   include the fact in the charging  instrument,  the  trial  court  must      
   conduct  a  new  sentencing  hearing  for  the  defendant based on the      
   maximum penalty authorized for the offense. Provides that  nothing  in      
   the  new  provisions  requires  the  imposition  of  a  sentence  that      
   increases  the range of penalties for the offense beyond the statutory      
   maximum that could  otherwise  be  imposed  for  the  offense  if  the      
   imposition of that sentence is not required by law.  Provides that the      
   trier  of  fact  may  find  a defendant not guilty, guilty with a fact      
   authorizing an increase in the range of penalties, or guilty without a      
   fact authorizing an increase in the  range  of  penalties.   Effective      
   immediately.                                                                
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   0


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