SB 45-6_ Filed 04/09/2007, 08:55 Porter


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 45 be amended to read as follows:

SOURCE: Page 10, line 21; (07)MO004503.10. -->     Page 10, between lines 21 and 22, begin a new paragraph and insert:
SOURCE: IC 35-50-2-16; (07)MO004503.10. -->     "SECTION 10. IC 35-50-2-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 16. (a) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed a felony offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally:
        (1) selected the individual who was the victim of the felony offense; or
        (2) damaged or otherwise affected property by the commission of the felony offense;
because of the color, creed, disability, national origin, race, religion, sexual orientation, gender identity, sex, or any other characteristic or belief of the victim of the offense or the owner or occupant of the property damaged or otherwise affected by the offense.
    (b) If the person is convicted of the felony offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.
    (c) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond

a reasonable doubt that the person knowingly or intentionally selected the individual who was the victim of the felony offense or
damaged or otherwise affected property by the commission of the felony offense because of the color, creed, disability, national origin, race, religion, sexual orientation, gender identity, sex, or any other characteristic or belief of the victim of the offense or the owner or occupant of the property damaged or otherwise affected by the offense, the court shall:
        (1) sentence the person to an additional fixed term of imprisonment equal to the sentence imposed for the underlying felony, if the person is being sentenced for only one (1) felony; or
        (2) sentence the person to an additional fixed term of imprisonment equal to the longest sentence imposed for the underlying felonies, if the person is being sentenced for more than one (1) felony.
    (d) A sentence imposed under this section must run consecutively to the underlying sentence.
    (e) A term of imprisonment imposed under this section may not be suspended.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 45 as printed April 6, 2007.)

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Representative Porter


MO004503/DI 69     2007