SB765 HJUD AM #1
Reese 3133
The Committee on the Judiciary moved to amend the bill on page 1 by striking 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 §60A-4-401(ii);
(2) §60A-4-406;
(3) §60A-4-409(b)(1), §60A-4-409(2), and §60A-4-409(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 §61-2-9a(e);
(13) §61-2-9b;
(14) §61-2-9d;
(15) §61-2-10;
(16) §61-2-10b(b) and §61-2-10b(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 §61-2-14a(d);
(22) §61-2-14c;
(23) §61-2-14d(a) and §61-2-14d(b);
(24) §61-2-14f;
(25) §61-2-14h(a), §61-2-14h(b), and §61-2-14h(c);
(26) §61-2-16a(a) and §61-2-16a(b);
(27) Felony provisions of §61-2-16a(c);
(28) §61-2-28(d);
(29) §61-2-29(d) and §61-2-29(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) §61-3-13(a)
(39) §61-3-27;
(40) §61-3C-14b;
(41) §61-3E-5;
(42) §61-5-17(b), §61-5-17(f), §61-5-17(h), and §61-5-17(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 a state correctional facility
therefor, and it is determined, as provided in §61-11-19 of this code, 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 §61-8B-3 of this code and it is determined, as
provided in §61-11-19 of this code, that such person had been before convicted
in this state of first degree murder, second degree murder, or a violation of
section three, §61-8B-3 of this code 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 a state correctional facility for life and is not eligible for
parole.
(c) (d) When it is determined, as provided in §61-11-19 of
this code, 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 a state 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 next 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 §61-11-18 of this code 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 of
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.