SB 1097 - This act modifies the provisions regarding predatory sexual offenders and persistent sexual offenders, and establishes the designation of "prior sexual offender."
PREDATORY SEXUAL OFFENDERS
Currently, a person found to be a "predatory sexual offender" shall be sentenced to life imprisonment with eligibility for parole. This act provides that any such person shall not be eligible for parole.
Currently, if an offender qualifies as a predatory sexual offender, no second stage of trial with regards to sentencing shall commence and the court shall assess punishment. This act provides that if the jury at the first stage of a trial finds the defendant guilty of an offense which would qualify the defendant as a predatory sexual offender, the second stage of the trial shall be to determine whether the defendant is a predatory sexual offender. If the jury finds beyond a reasonable doubt that the offender is a predatory sexual offender, the court shall not seek an advisory verdict from the jury. If the jury determines the defendant is not a predatory sexual offender, a third stage of the trial shall determine sentencing.
PERSISTENT AND PRIOR SEXUAL OFFENDERS
Currently, a person who is found guilty of a sexual offense and has previously been found guilty of attempting to commit or committing a sexual offense shall be a "persistent sexual offender". This act establishes that a "prior sexual offender" is a person who has been previously found guilty of one sexual offense and a persistent sexual offender is a person who has been found guilty of two or more sexual offenses.
No court shall suspend the imposition of sentence for a persistent or prior sexual offender, nor shall such person be eligible for probation or parole until such person has served a minimum of three years' imprisonment.
This act provides court procedures for finding a person to be a persistent or prior sexual offender. A person who is found to be a prior sexual offender shall be sentenced to imprisonment one class higher than the offense for which the person was found guilty. A person found to be a persistent sexual offender shall be sentenced to imprisonment two classes higher than the offense for which the person was found guilty. A persistent sexual offender who is found guilty of a Class B felony shall be sentenced to the authorized term of imprisonment for a Class A felony. A persistent sexual offender found guilty of a Class A felony or a felony for which the maximum punishment is 30 years or more shall be sentenced to life imprisonment without the eligibility for probation or parole.
This act is substantially similar to HCS/HB 415 (2017).