HB 0974 Increases Penalties For Predatory Sexual Offenders
Bill Summary

CCS/SS/SCS/HB 974 - This act provides for a sentence of life with eligibility for parole for sex offenders who are found to be "predatory sex offenders" by the court. A person convicted of forcible rape, statutory rape, forcible sodomy, statutory sodomy, child molestation as a Class B felony or child abuse as a Class B felony is subject to this law. A person convicted of one of these crimes may be found to be a predatory sex offender in one of three ways: 1) the person has previously been convicted of one of the specified sex offenses; 2) has previously committed an act or acts which would constitute a violation of one of the specified offenses; or 3) has committed an act or acts against one or more victims which would constitute a violation of one or more of the specified offenses.

SENTENCING - Any person sentenced as a predatory sexual offender under the prior acts provision of this act shall serve any number of years between the minimum and maximum amount of time in prison he would have served under other applicable criminal and sentencing enhancement provisions of law. A predatory sexual offender who has been previously convicted of one of the specified sexual offenses shall serve a minimum of fifteen years if at least one of the two felonies is a class B felony or thirty years if both felonies are class A felonies. Once released from prison, the offender is subject to lifetime parole.

MISCELLANEOUS - The court shall request that those convicted of child abuse, when classified as a Class B felony, be placed in the Sexual Offender Assessment Unit of the Department of Corrections. Defendants convicted of forcible rape, statutory rape in the first degree, forcible sodomy, statutory sodomy in the first degree, child molestation when classified as a Class B felony, and those found to be predatory sexual offenders, may not be granted probation. The term sexual assault is broadened to include statutory rape, statutory sodomy and child molestation to broaden the scope of school programs to prevent sexual assault. Registration information on sexual predators shall be made public pursuant to rules promulgated by the Department of Public Safety.

This act is similar to SS#3/SB 547.
JAMES KLAHR