HB2217 S JUD AM #1 4-2
Nichols 7892
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:
(a) It shall be is unlawful for two or more persons to conspire: (1) to commit any offense against the state, or (2) to defraud the state, the state or any county board of education, or any county or municipality of the state, if, in either case, one or more of such persons does any act to effect the object of the conspiracy.
(b) Nothing in this section shall may be construed to supersede, limit, repeal, or affect the provisions of §3-9-8; §5-1-2; §5A-3-38; §5A-3-31; §9-7-5; §15-1E-81; §20-7-7; §60-6-16, §60A-4-414; §61-6-7, §61-6-8, §61-6-9, and §61-6-10; §61-10-34; or §62-8-1; all of this code. It shall not be is not a defense to any prosecution under this section thirty-one that the conduct charged or proven is also a crime under any other provision or provisions of this code or the common law.
(c)(1) Any person who violates the provisions of this section by conspiring to commit an offense against the state which is a felony, or by conspiring to defraud the state, the state or any county board of education, or any county or municipality of the state, shall be is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the penitentiary a state correctional facility for not less than one nor more than five years or by a fine of not more than $10,000, or in the discretion of the court by both such imprisonment and fine.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, any person who violates the provisions of this section by conspiring to commit an offense against the state which is a felony crime of violence against the person or a felony offense where the victim was a minor child, as those terms are defined in §62-12-13 of this code, is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in a state correctional facility for not less than three years nor more than 15 years.
(3) Notwithstanding the provisions of subdivisions (1) or (2) of this subsection, any person who violates the provisions of this section by conspiring to commit an offense in violation of §61-2-14a, §61-3-1, or §61-8B-3 of this code, or an offense against the state which is punishable by life imprisonment is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in a state correctional facility for not less than five years nor more than 25 years.
(d) Any person who violates the provisions of this section by conspiring to commit an offense against the state which is a misdemeanor shall be is guilty of a misdemeanor and, upon conviction thereof, shall be punished by confinement in the county jail for not more than one year or by a fine of not more than $1,000, or in the discretion of the court, by both such confinement and fine.
Adopted
Rejected