SB197 SFA Martin 3-14 #1
Cobb 7888
Senator Martin moved to amend the amendment by striking out everything and inserting in lieu thereof the following:
(a) The Criminal Identification Bureau of the West Virginia State Police shall establish a Central Abuse Registry, to contain information relating to criminal convictions involving child abuse or neglect, abuse or neglect of an incapacitated adult or an adult receiving behavioral health services and misappropriation of property by individuals specified in subsection (b) of this section and information relating to individuals required to be registered as a sex offender.
(b) The Central Abuse Registry shall contain, at a minimum, information relating to: Convictions of a misdemeanor or a felony involving abuse, neglect or misappropriation of property, by an individual performing services for compensation, within the scope of the individual's employment or contract to provide services, in a residential care facility, in a licensed day care center in connection with providing behavioral health services, or in connection with the provision of home care services; information relating to individuals convicted of specific offenses enumerated in §15-2C-3 (a) of this code with respect to a child or an incapacitated adult or an adult receiving behavioral health services; information relating to all individuals required to register with the Child Abuse and Neglect Registry established pursuant to §15-13-1 et seq. of this code; and information relating to all individuals required to register with the West Virginia State Police as sex offenders pursuant to the provisions of §15-12-1 et seq. of this code. The Central Abuse Registry shall contain the following information:
(1) The individual's full name;
(2) Sufficient information to identify the individual, including date of birth, social security number and fingerprints if available;
(3) Identification of the criminal offense constituting abuse, neglect or misappropriation of property of a child or an incapacitated adult or an adult receiving behavioral health services;
(4) For cases involving abuse, neglect or misappropriation of property of a child or an incapacitated adult or an adult receiving behavioral health services in a residential care facility or a day care center, or of a child or an incapacitated adult or an adult receiving behavioral health services receiving home care services, sufficient information to identify the location where the documentation of any investigation by the Department of Human Services is on file and the location of pertinent court files; and
(5) Any statement by the individual disputing the conviction, if he or she chooses to make and file one.
(c) Upon conviction in the criminal courts of this state of a misdemeanor or a felony offense constituting child abuse or neglect or abuse or neglect of an incapacitated adult or an adult receiving behavioral health services, the individual so convicted shall be placed on the Central Abuse Registry.
(d) A person required to be placed on the Central Abuse Registry pursuant to this section shall pay an annual fee of $125, to be paid between January 1 and January June 30 of each year. The annual fee shall be paid to the circuit clerk of the circuit court where the registrant currently resides, and the registrant will provide written proof of payment of the annual fee within ten days of the payment to a State Police detachment located in the county where the registrant currently resides State Police. The State Police shall provide the registrant with a written receipt of each payment made by the registrant towards this annual fee. Once the annual fee is paid in full, the State Police will provide the registrant with a receipt that specifically provides that the annual fee contemplated in this article has been satisfied. The circuit clerk West Virginia State Police shall compile and maintain a record of any payment made by a registrant to which the State Police shall have access.
(e) The circuit clerk State Police shall remit the entirety of a payment of the annual fee, made pursuant to this subsection section, to the state treasurer who shall deposit these funds into the State Treasury and credit said funds to the account of the State Police. The State Police is hereby authorized to utilize the funds collected from these annual fees, first to enhance mental health services for current and former employees of the West Virginia State Police, including but not limited to hiring, or contracting, mental health professionals, conducting periodic educational seminars, meetings, trainings or conferences addressing mental health issues that affect persons that are, or have been, employed as law enforcement, and then for any other use essential to the general operations of the State Police: Provided, That failure to pay the annual fee, or provide proof of payment of the annual fee, pursuant to this subsection may not be considered a violation of the person’s supervised release: Provided, however, That a person required to register pursuant to both this article and §15-12-2 of this code shall pay only one such annual fee of $125, which fee shall satisfy the registration requirements and payment obligations under both articles: Provided further, That written notice by the State Police served upon the registrant, by certified mail at the last address provided by the registrant, stating that that the annual fee has not been paid, may be recorded 30 days after the notice was received by the registrant in the office of the county clerk where the person required to register resides. This notice shall have the effect of a judgment and shall be recorded and indexed by the county clerk in the judgment lien docket. This judgment lien will be released by the State Police within 30 days upon full and complete payment by the registrant. The State Police shall provide written verification of the release of the lien shall be provided to the registrant at the address last address provided by the registrant.
(a) The provisions of this article apply both retroactively and prospectively.
(b) Any person who has been convicted of an offense or an attempted offense or has been found not guilty by reason of mental illness, mental retardation, or addiction of an offense under any of the following provisions of this code or under a statutory provision of another state, the United States Code or the Uniform Code of Military Justice which requires proof of the same essential elements shall register as set forth in §15-12-2(d) of this code and according to the internal management rules promulgated by the superintendent under authority of §15-2-25 of this code:
(1) §61-8A-1 et seq. of this code;
(2) §61-8B-1 et seq. of this code;
(3) The provisions of former §61-8B-6 of this code, relating to the offense of sexual assault of a spouse, which was repealed by an act of the Legislature during the 2000 legislative session;
(4) §61-8C-1 et seq. of this code;
(5) §61-8D-5 and §61-8D-6 of this code;
(6) §61-2-14(a) of this code;
(7) §61-8-6, §61-8-7, §61-8-9(e), §61-8-12, and §61-8-13, §61-8-28a, and §61-8-32 of this code;
(8) §61-3C-14b of this code, as it relates to violations of those provisions of chapter 61 listed in this subsection; or
(9) §61-14-2, §61-14-5, and §61-14-6 of this code: Provided, That as to §61-14-2 of this code only those violations involving human trafficking for purposes of sexual servitude require registration pursuant to this subdivision.
(c) Any person who has been convicted of a criminal offense where the sentencing judge made a written finding that the offense was sexually motivated shall also register as set forth in this article.
(d) A person required to register under the provisions of this article shall register in person at the West Virginia State Police detachment responsible for covering the county of his or her residence, and in doing so, provide or cooperate in providing, at a minimum, the following when registering:
(1) The full name of the registrant, including any aliases, nicknames, or other names used by the registrant;
(2) The address where the registrant intends to reside or resides at the time of registration, the address of any habitable real property owned or leased by the registrant that he or she regularly visits: Provided, That a post office box may not be provided in lieu of a physical residential address, the name and address of the registrant’s employer or place of occupation at the time of registration, the names and addresses of any anticipated future employers or places of occupation, the name and address of any school or training facility the registrant is attending at the time of registration and the names and addresses of any schools or training facilities the registrant expects to attend;
(3) The registrant’s Social Security number;
(4) A full-face photograph of the registrant at the time of registration;
(5) A brief description of the crime or crimes for which the registrant was convicted;
(6) The registrant’s fingerprints and palm prints;
(7) Information related to any motor vehicle, trailer, or motor home owned or regularly operated by a registrant, including vehicle make, model, color, and license plate number: Provided, That for the purposes of this article, the term "trailer" means travel trailer, fold-down camping trailer, and house trailer as those terms are defined in §17A-1-1 of this code;
(8) Information relating to any Internet accounts the registrant has and the screen names, user names, or aliases the registrant uses on the Internet;
(9) Information related to any telephone or electronic paging device numbers that the registrant has or uses, including, but not limited to, residential, work, and mobile telephone numbers;
(10) A photocopy of a valid driver’s license or government-issued identification card, including a tribal identification card;
(11) A photocopy of any passport and immigration documents;
(12) A photocopy of any professional licensing information that authorizes the registrant to engage in an occupation or carry out a trade or business; and
(13) Any identifying information, including make, model, serial number, and photograph, regarding any unmanned aerial vehicle owned or operated by a registrant.
(e) (1) On the date that any person convicted or found not guilty by reason of mental illness, mental retardation, or addiction of any of the crimes listed in §15-12-2(b) of this code, hereinafter referred to as a "qualifying offense", including those persons who are continuing under some post-conviction supervisory status, are released, granted probation or a suspended sentence, released on parole, probation, home detention, work release, conditional release or any other release from confinement, the Commissioner of Corrections, regional jail administrator, city official, or sheriff operating a jail or Secretary of the Department of Health Facilities who releases the person and any parole or probation officer who releases the person or supervises the person following the release shall obtain all information required by §15-12-2(d) of this code prior to the release of the person, inform the person of his or her duty to register, and send written notice of the release of the person to the State Police within three business days of receiving the information. The notice must include the information required by §15-12-2(d) of this code. Any person having a duty to register for a qualifying offense shall register upon conviction, unless that person is confined or incarcerated, in which case he or she shall register within three business days of release, transfer, or other change in disposition status. Any person currently registered who is incarcerated for any offense shall re-register within three business days of his or her release.
(2) Notwithstanding any provision of this article to the contrary, a court of this state shall, upon presiding over a criminal matter resulting in conviction or a finding of not guilty by reason of mental illness, mental retardation, or addiction of a qualifying offense, cause, within 72 hours of entry of the commitment or sentencing order, the transmittal to the sex offender registry for inclusion in the registry all information required for registration by a registrant as well as the following nonidentifying information regarding the victim or victims:
(A) His or her sex;
(B) His or her age at the time of the offense; and
(C) The relationship between the victim and the perpetrator.
The provisions of this subdivision do not relieve a person required to register pursuant to this section from complying with any provision of this article.
(f) For any person determined to be a sexually violent predator, the notice required by §15-12-2(d) of this code must also include:
(1) Identifying factors, including physical characteristics;
(2) History of the offense; and
(3) Documentation of any treatment received for the mental abnormality or personality disorder.
(g) At the time the person is convicted or found not guilty by reason of mental illness, mental retardation, or addiction in a court of this state of the crimes set forth in §15-12-2(b) of this code, the person shall sign in open court a statement acknowledging that he or she understands the requirements imposed by this article. The court shall inform the person so convicted of the requirements to register imposed by this article and shall further satisfy itself by interrogation of the defendant or his or her counsel that the defendant has received notice of the provisions of this article and that the defendant understands the provisions. The statement, when signed and witnessed, constitutes prima facie evidence that the person had knowledge of the requirements of this article. Upon completion of the statement, the court shall provide a copy to the registry. Persons who have not signed a statement under the provisions of this subsection and who are subject to the registration requirements of this article must be informed of the requirement by the State Police whenever the State Police obtain information that the person is subject to registration requirements.
(h) The State Police shall maintain a central registry of all persons who register under this article and shall release information only as provided in this article. The information required to be made public by the State Police by §15-12-5(b)(2) of this code is to be accessible through the Internet. Information relating to telephone or electronic paging device numbers a registrant has or uses may not be released through the Internet.
(i) For the purpose of this article, "sexually violent offense" means:
(1) Sexual assault in the first degree as set forth in §61-8B-3 of this code, or of a similar provision in another state, federal, or military jurisdiction;
(2) Sexual assault in the second degree as set forth §61-8B-4 of this code, or of a similar provision in another state, federal, or military jurisdiction;
(3) Sexual assault of a spouse as set forth in the former provisions of §61-8B-6 of this code, which was repealed by an act of the Legislature during the 2000 legislative session, or of a similar provision in another state, federal, or military jurisdiction;
(4) Sexual abuse in the first degree as set forth in §61-8B-7 of this code, or of a similar provision in another state, federal, or military jurisdiction;
(j) For purposes of this article, the term "sexually motivated" means that one of the purposes for which a person committed the crime was for any person’s sexual gratification.
(k) For purposes of this article, the term "sexually violent predator" means a person who has been convicted or found not guilty by reason of mental illness, mental retardation, or addiction of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.
(l) For purposes of this article, the term "mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.
(m) For purposes of this article, the term "predatory act" means an act directed at a stranger or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.
(n) For the purposes of this article, the term "business days" means days exclusive of Saturdays, Sundays, and legal holidays as defined in §2-2-1 of this code.
(o) A person required to register pursuant to this article shall pay an annual fee of $125, to be paid between January 1 and June 30 of each year. The annual fee shall be paid to the circuit clerk of the circuit court where the registrant currently resides, and the registrant will provide written proof of payment of the annual fee within ten days of the payment to the State Police detachment monitoring the registrant. The circuit clerk shall compile and maintain a record of any payment made by a registrant to which the State Police shall have access. The circuit clerk shall remit the entirety of a payment made pursuant to this subsection to the state treasurer who shall deposit these funds into the State Treasury and credit said funds to the account of the State Police. The State Police is hereby authorized to utilize the funds collected from these annual fees, first to enhance mental health services for current and former employees of the West Virginia State Police, including but not limited to hiring, or contracting, mental health professionals, conducting periodic educational seminars, meetings, training or conferences addressing mental health issues that affect persons that are, or have been, employed as law enforcement, and then for any other use essential to the general operations of the State Police: Provided, That failure to pay the annual fee, or provide proof of payment of the annual fee, pursuant to this subsection may not be considered a violation of the person’s supervised release: Provided, however, That written notice by the State Police served upon the registrant, by certified mail at the last address provided by the registrant, stating that that the annual fee has not been paid, may be recorded 30 days after the notice was received by the registrant in the office of the county clerk where the person required to register resides. This notice shall have the effect of a judgment and shall be recorded and indexed by the county clerk in the judgment lien docket. This judgment lien will be released by the State Police within 30 days upon full and complete payment by the registrant. Written verification of the release of the lien shall be provided to the registrant at the address last provided by the registrant.
(a) A person is guilty of indecent exposure when such that person intentionally exposes his or her sex organs or anus, or the sex organs or anus of another person, or intentionally causes such exposure by another or engages in any overt act of sexual gratification, and does so under circumstances in which the person knows that the conduct is likely to cause affront or alarm to a person or persons to whom he or she exposes himself or herself.
(b) A person is guilty of indecent exposure in a locker room when a biological male or female who undresses in opposite sex’s locker room when the person knows that the conduct is likely to cause affront or alarm to a person or persons to whom he or she exposes himself or herself. Provided, That it is not considered indecent exposure for a mother to breast feed a child in any location, public or private
(b) (c) Except as provided in subsection (c), any Any person who violates the provisions of this section §61-8-9(a) or (b) of this code shall be is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than 90 days, or fined not more than $250, or both fined and confined.
(c) (d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, Any any person who violates the provisions of subsection (a) of this section by intentionally exposing himself or herself exposes his or her sex organs or anus to another person and the exposure was done for the purpose of sexual gratification without that person's consent, and the exposure was is done for the purpose of sexual gratification, or the person engages in an overt act of sexual gratification involving his or her nude sex organs or anus towards another person, including, but not limited to, masturbation, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail not more than 12 months one year, or both fined and confined. For a second offense under this subsection, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, and or confined in jail for not less than 30 days nor more than 12 months one year, or both fined and confined. For a third or subsequent offense under this subsection, the person is guilty of a felony and, upon conviction thereof, shall be fined not more than $3,000, and or imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned.
(e) Notwithstanding the provisions of subsections (a), (b), (c), or (d) of this section, any adult who intentionally exposes his or her sex organs or anus to another person, who knows or should know that any of the persons present are younger than 16 years of age, does so under circumstances in which the person knows that the conduct is likely to cause affront or alarm to a person or persons to whom he or she exposes himself or herself, and the exposure is done for the purpose of sexual gratification, is guilty of a felony and, upon conviction thereof, shall be fined not more than $3,000 or imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned.
(f) The following terms have the assigned meaning for the purposes of this section:
"Intentionally exposes his or her sex organs or anus" means to willfully display one's nude penis, vagina, or anus to another person.
“Locker room” means a public changing area designated for a specific sex in a school, public or private recreation center, or health club.
(a) A person is guilty of sexual assault in the third degree when:
(1) The person engages in sexual intercourse or sexual intrusion with another person who is mentally defective or mentally incapacitated; or
(2) The person, being is 16 years old or more and engages in sexual intercourse or sexual intrusion with another person who is less than 16 years old and who is at least four years younger than the defendant.
(b) Any person violating the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one year two years nor more than five 10 years, or fined not more than $10,000 $20,000 and imprisoned in a state correctional facility not less than one year two years nor more than five 10 years.
(a) A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent, when such the lack of consent is due to the victim's incapacity to consent by reason of being less than sixteen 16 years old.
(b) In any prosecution under this section it is a defense that:
(1) The defendant was less than sixteen 16 years old; or
(2) The defendant was less than four years older than the victim.
(c) Any person who violates the provisions of this section shall be is guilty of a misdemeanor felony, and, upon conviction thereof, shall be confined in the county jail imprisoned in a state correctional facility not more less than ninety days one year nor more than three years, or fined not more than $500 $1,000 and confined in the county jail imprisoned in a state correctional facility not more less than ninety days one year nor more than three years.
(a) If any parent, guardian or custodian, or person in a position of trust in relation to a child shall neglect a child under his or her care, custody or control and by such neglect cause the death of said child, then such parent, guardian or custodian, or person in a position of trust in relation to a child shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 $2,000 nor more than $5,000 $10,000 or committed to the custody of the Division of Corrections for not less than three 10 nor more than 15 40 years, or both fined and imprisoned.
(b) No child who in lieu of medical treatment was under treatment solely by spiritual means through prayer in accordance with a recognized method of religious healing with a reasonable proven record of success shall, for that reason alone, be considered to have been neglected within the provisions of this section. A method of religious healing shall be presumed to be a recognized method of religious healing if fees and expenses incurred in connection with the treatment are permitted to be deducted from taxable income as "medical expenses" pursuant to regulations or rules promulgated by the United States Internal Revenue Service: Provided, That the provisions of this subsection do not apply to a person in a position of trust in relation to a child who, by virtue of his or her occupation or position, is charged with any duty or responsibility for the health, education, welfare, or supervision of a child.
(a) In addition to any other offenses set forth in this code, the Legislature hereby declares a separate and distinct offense under this subsection, as follows: If any parent, guardian or custodian of or other person in a position of trust in relation to a child under his or her care, custody or control, shall engage engages in or attempt to engage in sexual exploitation of, or in sexual intercourse, sexual intrusion or sexual contact with, a child under his or her care, custody or control, notwithstanding the fact that the child may have willingly participated in such the conduct, or the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, then such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than ten 20 nor more than twenty 40 years, or fined not less than $500 $1,000 nor more than $5,000 $10,000 and imprisoned in a correctional facility not less than ten 20 years nor more than twenty 40 years.
(b) Any parent, guardian, custodian or other person in a position of trust in relation to the child who knowingly procures, authorizes, or induces or attempts to procure, authorize, or induce another person to engage in or attempt to engage in sexual exploitation of, or sexual intercourse, sexual intrusion or sexual contact with, a child under the care, custody or control of such parent, guardian, custodian or person in a position of trust when such child is less than sixteen 16 years of age or any age if the child is a disabled child, as identified in §61-8F-2 of this code, notwithstanding the fact that the child may have willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than five 10 years nor more than fifteen 30 years, or fined not less than $1,000 $2,000 nor more than $10,000 $20,000 and imprisoned in a correctional facility not less than five 10 years nor more than fifteen 30 years.
(c) Any parent, guardian, custodian or other person in a position of trust in relation to the child who knowingly procures, authorizes, or induces or attempts to precure, authorize, or induce another person to engage in or attempt to engage in sexual exploitation of, or sexual intercourse, sexual intrusion or sexual contact with, a child under the care, custody or control of such parent, guardian, custodian or person in a position of trust when such child is sixteen 16 years of age or older, notwithstanding the fact that the child may have consented to willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, then such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than one year two years nor more than five 10 years.
(d) The provisions of this section shall not apply to a custodian or person in a position of trust whose age exceeds the age of the child by less than four years§61-8D-6. Sending, distributing, exhibiting, possessing, displaying or transporting material by a parent, guardian or custodian, or person in a position of trust, depicting a child engaged in sexually explicit conduct; penalty.
Any parent, guardian or custodian, or person in a position of trust who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses, displays or transports, any material visually portraying a child under his or her care, custody or control engaged in any sexually explicit conduct, is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than two four years, and fined not less than $400 $800 nor more than $4,000 $8,000.
Any parent, guardian or custodian, or person in a position of trust who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses, displays or transports, any material visually portraying a child under his or her care, custody or control engaged in any sexually explicit conduct, is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than two four years, and fined not less than $400 $800 nor more than $4,000 $8,000.
(a) For purposes of this section, "qualifying offense" means any offense or an attempt or conspiracy to commit any of the offenses in the following provisions of this code:
(1) §60A-4-401(a)(i) and §60A-4-401(a)(ii);
(2) §60A-4-406;
(3) §60A-4-409(b)(1) and §60A-4-409 (b)(2);
(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) §61-2-9c;
(15) §61-2-9d;
(16) §61-2-10;
(17) §61-2-10b(b) and §61-2-10b(c);
(18) Felony provisions of §61-2-10b(d);
(19) §61-2-12;
(20) Felony provisions of §61-2-13;
(21) §61-2-14;
(22) §61-2-14a(a) and §61-2-14a(d);
(23) §61-2-14c;
(24) §61-2-14d(a) and §61-2-14d(b);
(25) §61-2-14f;
(26) §61-2-14h(a), §61-2-14h(b), and §61-2-14h(c);
(27) §61-2-16a(a) and §61-2-16a(b);
(28) Felony provisions of §61-2-16a(c);
(29) §61-2-28(d);
(30) §61-2-29(d) and §61-2-29(e);
(31) §61-2-29a;
(32) §61-3-1;
(33) §61-3-2;
(34) §61-3-3;
(35) §61-3-4;
(36) §61-3-5;
(37) §61-3-6;
(38) §61-3-7;
(39) §61-3-11;
(40) Felony violation of 61-3-12;
(41) §61-3-13(a);
(42) Felony violation of §61-3-18;
(43) Felony violation of §61-3-19;
(44) Felony violation of §61-3-20;
(45) Felony violation of §61-3-20a;
(46) Felony violation of §61-3-21;
(47) §61-3-22;
(48) Felony violation of §61-3-24;
(49) Felony violation of §61-3-24a;
(50) §61-3-27;
(51) §61-3-54;
(52) §61-3C-14b;
(53) §61-3E-5;
(54) Felony violation of §61-5-10;
(55) §61-5-17(b), §61-5-17(f), §61-5-17(h), and §61-5-17(i);Felony provisions of §61-5-17; (56) §61-5-27;
(57) §61-6-24;
(58) Felony provisions of §61-7-7;
(59) §61-7-12;
(60) §61-7-15;
(61) §61-7-15a;
(62) §61-8-12;
(63) §61-8-19(b);
(64) §61-8A-2;
(65) §61-8A-4;
(66) §61-8A-5;
(67) §61-8B-3;
(68) §61-8B-4;
(69) §61-8B-5;
(70) §61-8B-7;
(71) §61-8B-10;
(72) §61-8B-11b;
(73) §61-8C-2;
(74) §61-8C-3;
(75) §61-8C-3a;
(76) §61-8D-2;
(77) §61-8D-2a;
(78) §61-8D-3;
(79) §61-8D-3a;
(80) §61-8D-4;
(81) §61-8D-4a;
(82) §61-8D-5;
(83) §61-8D-6;
(84) §61-10-31;
(85) §61-11-8;
(86) §61-11-8a;
(87) §61-14-2; and
(88) §17C-5-2(b), driving under the influence causing death;
(89) Felony provisions of §61-2-10c; and
(90) Felony provisions of §61-8-9.
(b) Except as provided by subsection (c) of this section, when any person is convicted of a qualifying offense and is subject to imprisonment in a state correctional facility for the qualifying offender and it is determined, as provided in §61-11-19 of this code, that the person had been previously convicted in the United States of a crime punishable by imprisonment in a state or federal correctional facility, 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 that case the court imposes an indeterminate sentence, the minimum term shall be twice the term of years otherwise provided for under the sentence.
(c) Notwithstanding any 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 the person had been previously convicted in this state of first degree murder, second degree murder, or a violation of §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 or substantially similar elements as any offense described in this subsection, the person shall be punished by imprisonment in a state correctional facility for life and is not eligible for parole.
Adopted
Rejected