765 S JUD AM #1
Smith 7883
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES
§61-11-18. Punishment for second or third offense of felony.
(a) For purposes of this section, “qualifying offense” means any offenses or an attempt or conspiracy to commit any of the offenses in the following provisions of this code:
(1) §60A-4-401(i) and (ii);
(2) §60A-4-406;
(3) §60A-4-409(b)(1), (2), and (3);
(4) §60A-4-411;
(5) §60A-4-414;
(6) §60A-4-415;
(7) §60A-4-416(a);
(8) §61-2-1;
(9) §61-2-4;
(10) §61-2-7;
(11) §61-2-9(a);
(12) §61-2-9a(d) and (e);
(13) §61-2-9b;
(14) §61-2-9d;
(15) §61-2-10;
(16) §61-2-10b(b) and (c);
(17) Felony provisions of §61-2-10b(d);
(18) §61-2-12;
(19) Felony provisions of §61-2-13;
(20) §61-2-14;
(21) §61-2-14a (a) and (d);
(22) §61-2-14c;
(23) §61-2-14d(a) and (b);
(24) §61-2-14f;
(25) §61-2-14h(a), (b), and (c);
(26) §61-2-16a(a) and (b);
(27) Felony provisions of §61-2-16a(c);
(28) §61-2-28(d);
(29) §61-2-29(d) and (e);
(30) §61-2-29a;
(31) §61-3-1;
(32) §61-3-2;
(33) §61-3-3;
(34) §61-3-4;
(35) §61-3-5;
(36) §61-3-6;
(37) §61-3-7;
(38) §61-3-11;
(39) §61-3-27;
(40) §61-3C-14b;
(41) §61-3E-5;
(42) §61-5-17(b), (f), (h), and (i);
(43) §61-5-27;
(44) §61-6-24;
(45) Felony provisions of §61-7-7;
(46) §61-7-12;
(47) §61-7-15;
(48) §61-7-15a;
(49) §61-8-12;
(50) §61-8-19(b);
(51) §61-8B-3;
(52) §61-8B-4;
(53) §61-8B-5;
(54) §61-8B-7;
(55) §61-8B-9;
(56) §61-8B-10;
(57) §61-8C-2;
(58) §61-8C-3;
(59) §61-8C-3a;
(60) §61-8D-2;
(61) §61-8D-2a;
(62) §61-8D-3;
(63) §61-8D-3a;
(64) §61-8D-4;
(65) §61-8D-4a;
(66) §61-8D-5;
(67) §61-8D-6;
(68) §61-10-31;
(69) §61-11-8;
(70) §61-11-8a;
(71) §61-14-2; and
(72) §17C-5-2(b), driving under the influence causing death.
(a) (b) Except
as provided by subsection (b) (c) of this section , when any
person is convicted of an a qualifying offense and is subject to
confinement in the state correctional facility therefor, and it is determined,
as provided in section nineteen of this article, that such person had been
before convicted in the United States of a crime punishable by confinement in a
penitentiary, the court shall, if the sentence to be
imposed is for a definite term of years, add five years to the time for which
the person is or would be otherwise sentenced. Whenever in such case the court
imposes an indeterminate sentence, the minimum term shall be twice the term of
years otherwise provided for under such sentence.
(b) (c)
Notwithstanding the provisions of subsection (a) or (c) of this section or
any other provision of this code to the contrary, when any person is
convicted of first degree murder or second degree murder or a violation of
section three, article eight-b of this chapter and it is determined, as
provided in section nineteen of this article, that such person had been before
convicted in this state of first degree murder, second degree murder or a
violation of section three, article eight-b of said chapter or has been so
convicted under any law of the United States or any other state for an offense
which has the same elements as any offense described in this subsection, such
person shall be punished by confinement in the state correctional facility for
life and is not eligible for parole.
(c) (d) When it
is determined, as provided in section nineteen of this article, that such
person shall have been twice before convicted in the United States of a
crime punishable by confinement in a penitentiary which has the same
elements as a qualifying offense, the person shall be sentenced to be
confined imprisonment in the state a correctional facility
for life: Provided, That prior convictions arising from the same transaction
or series of transactions shall be considered a single offense for purposes of
this section: Provided, however, That an offense which would otherwise
constitute a qualifying offense for purposes of this subsection and subsection
(b) of this section shall not be considered if more than 20 years have elapsed
between that offense and the conduct underlying the current charge.
§61-11-19. Procedure in trial of persons for second or third offense.
It shall be the duty of the A prosecuting attorney, when he or she has
knowledge of a former sentence or sentences to the penitentiary of any
person convicted of an offense punishable by confinement in the penitentiary, to
may give information thereof to the court immediately upon conviction and
before sentence. Said court shall, before expiration of the term at which such
person was convicted, cause such person or prisoner to be brought before it,
and upon an information filed by the prosecuting attorney, setting forth the
records of conviction and sentence, or convictions and sentences, as the case
may be, and alleging the identity of the prisoner with the person named in
each, shall require the prisoner to say whether he or she is the same
person or not. If he or she says he or she is not, or remains
silent, his or her plea, or the fact of his or her silence, shall
be entered of record, and a jury shall be impaneled to inquire whether the
prisoner is the same person mentioned in the several records. If the jury finds
that he or she is not the same person, he or she shall be
sentenced upon the charge of which he or she was convicted as provided
by law; but if they find that he or she is the same, or after being duly
cautioned if he or she acknowledged in open court that he or she
is the same person, the court shall sentence him or her to such further
confinement as is prescribed by section eighteen of this article on a second or
third conviction as the case may be: Provided, That where the person is
convicted pursuant to a plea agreement the agreement shall address whether or
not the provisions of this section and § 61-11-18 of this code are to be
invoked.
The clerk of such court shall transmit a copy of said
information to the warden of the penitentiary Commissioner of the
Division Corrections and Rehabilitation, together with the other papers
required by the provisions of § 62-8-10 of
this code.
Nothing contained herein shall be construed as repealing the provisions of § 62-8-4 of this code, but no proceeding shall be instituted by the warden, as provided therein, if the trial court has determined the fact of former conviction or convictions as provided herein
Adopted
Rejected