Sentencing

The Senate Corrections and Criminal Law Committee heard SB 133 concerning sentencing authored by Sen. Freeman and Sen. Sandlin. The bill enhances the penalty for child exploitation and child pornography if the person has a previous conviction. The bill provides that a court may suspend only that part of a sentence that is in excess of the minimum sentence for a person convicted of a Level 2 or Level 3 felony who has a prior unrelated felony conviction, other than a conviction for a felony involving marijuana, hashish, hash oil, or salvia divinorum. It also provides that a court may suspend only that part of a sentence that is in excess of the minimum sentence for a person convicted of a felony for child exploitation or child pornography who has a prior conviction for child exploitation or child pornography.

Testimony in support of the bill was presented by the Indiana Prosecuting Attorneys Council and in opposition by the Indiana Public Defender Council. The bill passed 9 – 0.

Read the bill at http://iga.in.gov/legislative/2021/bills/senate/133.