Sentencing

The House Courts and Criminal Code Committee heard SB 133 on sentencing, sponsored by Rep. Speedy and Rep. Olthoff. The bill does the following:

  • Enhances the penalty for child exploitation and child pornography if the person has a previous conviction.
  • 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. (Current law provides that a court may suspend any part of a sentence for certain Level 2 and Level 3 felony convictions, including drug related convictions.)
  • 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.

The Committee amended the bill by consent to remove the enhanced penalty for child exploitation and child pornography if the person has at least one previous conviction and remove the provision stating 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.

The Indiana Public Defender Council provided neutral testimony and the Indiana Prosecuting Attorneys Council testified in support of the amended bill.  The amended bill passed 9-3.

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