SB196 H JUD AM 3-4 #1

    The Committee on the Judiciary moves to amend the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:

“ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-12. Robbery or attempted robbery; penalties.

    (a) Any person who commits or attempts to commit robbery by:

    (1) Committing violence to the person, including, but not limited to, partial strangulation or suffocation or by striking or beating; or (2) uses the threat of deadly force by the presenting of a firearm or other deadly weapon, is guilty of robbery in the first degree and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than ten years.

    (b) Any person who commits or attempts to commit robbery by placing the victim in fear of bodily injury by means other than those set forth in subsection (a) of this section or any person who commits or attempts to commit robbery by the use of any means designed to temporarily disable the victim, including, but not limited to, the use of a disabling chemical substance or an electronic shock device, is guilty of robbery in the second degree and, upon conviction thereof, shall be confined in a correctional facility for not less than five years nor more than eighteen years.

    (c) If any person: (1) By force and violence, or by putting in fear, feloniously takes, or feloniously attempts to take, from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management or possession of, any bank, he shall be guilty of a felony and, upon conviction, shall be confined in the penitentiary not less than ten nor more than twenty years; and (2) if any person in committing, or in attempting to commit, any offense defined in the preceding clause (1) of this subsection, assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, disabling chemical substance or an electronic shock device, he shall be guilty of a felony and, upon conviction, shall be confined in the penitentiary not less than ten years nor more than twenty-five years.

    (a) Any person who commits or attempts to commit robbery and in the course thereof discharges a firearm or causes a victim or victims serious bodily injury as defined in section one, article eight-b of this chapter is guilty of the felony offense of aggravated robbery and upon conviction thereof shall be imprisoned in a state correctional facility for a determinate sentence of not less than twenty years nor more than fifty years.

    (b) Any person who commits or attempts to commit robbery and in the course thereof causes a victim or victims bodily injury as defined in section one, article eight-b of this chapter is guilty of the felony offense of robbery causing bodily injury and upon conviction, shall be imprisoned in a state correctional facility for a determinate sentence of not less than ten nor more than forty years.

    (c) Any person who commits or attempts to commit robbery by the presentation of a firearm or other deadly weapon or the pretense of possessing same is guilty of the felony offense of robbery by the use or threat of a deadly weapon and upon conviction thereof shall be imprisoned in a state correctional facility for a determinate sentence of not less than ten years nor more than forty years.

    (d) Any person who commits robbery or attempted robbery in a manner other than those set forth in subsections (a), (b), or (c) of this section shall be guilty of a felony and, upon conviction shall be imprisoned in a state correctional facility for a determinate term of not less than five nor more than twenty years.”