SS/SCS/HCS/HB 1371 - This act modifies provisions that were truly agreed to and finally passed in HCS/SS/SCS/SB 491 (2014). Among various technical corrections, several sections that contain references to offenses that have had their names or section numbers changed were modified to include both the previous and amended names and section numbers. In addition, intersectional references to sections that have different numbers were updated.
Under current law, offenders found guilty of certain Class C and D felonies are eligible for earned compliance credits and court-ordered detention sanctions while on probation, parole, or supervised release. HCS/SS/SCS/SB 491 limited the two programs to offenders of certain Class D and E felonies. This act provides that any offender who was sentenced prior to January 1, 2017, to an offense that was eligible for earned compliance credits or court-ordered detention sanctions remains eligible for both programs so long as the offender meets the other statutory requirements.
Current law requires lifetime supervision for sex offenders found guilty of rape in the first degree, statutory rape in the first degree, sodomy in the first degree, or statutory sodomy in the first degree. Those found guilty of first degree child molestation, sexual misconduct involving a child, sexual abuse in the first degree, enticement of a child, sexual trafficking of a child, incest, using a child in a sexual performance, or promoting a sexual performance by a child must be supervised for life if the victim was less than 14 and the offender is a repeat sex offender. This act provides that all offenders found guilty of the sex offenses listed above regardless of the age of the victim or criminal history must be supervised for life.
The HCS/SS/SCS/SB 491 (2014) excludes any prison commitment prior to release on probation in a 120-day shock incarceration or treatment program or sexual offender assessment for purposes of calculating mandatory minimum sentences for repeat offenders. This act, and current law, provide that only the first prison commitment prior to release on probation is excluded from the calculation.
This act modifies the definition of habitual offender and habitual boating offender to include offenders who, while driving while intoxicated, acted with criminal negligence to kill someone who was not a passenger in the vehicle or vessel, killed two or more people, or killed a person while having a blood alcohol content of .18 or more. Those found guilty of being a habitual offender or habitual boating offender are guilty of a Class B felony and are sentenced as "dangerous felony" offenders. In addition, this act makes it a class A felony for subsequent violations of the acts listed above.
A provision regarding the admissibility of a refusal to submit to a blood alcohol test is modified to clarify that such refusals are admissible whenever they occur when a person is under arrest.
This act adds provisions prohibiting the purchase, acquisition, or receipt of certain amounts of methamphetamine precursor drugs to the elements of the offense of unlawful sale, distribution, or purchase of over-the-counter methamphetamine precursor drugs.
MEGHAN LUECKE