FREE CONFERENCE COMMITTEE AMENDMENTS TO S.B. 1334
(Reference to House engrossed Senate bill)
Page 1, strike lines 2 through 18
Renumber to conform
Line 33, strike ", or" insert a comma; strike "or 13‑3419" insert "or 13‑3419"
Page 4, between lines 29 and 30, insert:
"6. The defendant has not previously received services through the state department of corrections or probation services for a felony offense in any state."
Renumber to conform
Page 5, strike lines 11 through 17, insert:
"A. If a person is convicted of multiple felony offenses that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions, the person shall be sentenced as a first time felony offender pursuant to section 13‑702 for the first offense, as a category one repetitive offender for the second offense, and as a category two repetitive offender for the third and subsequent offenses."
Reletter to conform
Line 19, strike "two one" insert "two"
Line 21, strike "and" insert a comma; after "conviction" insert "and, unless the person was on release for a felony offense, the historical prior felony conviction occurred before the date on which the present offense was committed"
Line 23, strike "three two" insert "three"
Line 25, strike "and" insert a comma
Page 5, line 26, after "convictions" insert "and, unless the person was on release for a felony offense, the historical prior felony convictions occurred before the date on which the present offense was committed"
Strike lines 30 through 35, insert:
"E. If a person is sentenced as a category one repetitive offender pursuant to subsection A of this section and if at least two aggravating circumstances listed in section 13‑701, subsection D apply or at least two mitigating circumstances listed in section 13‑701, subsection E apply, the court may impose a mitigated or aggravated sentence pursuant to subsection H of this section."
Reletter to conform
Line 36, strike "two one" insert "two"
Line 37, strike "or B" insert "or B"
Line 41, strike "I F" insert "I"
Line 42, strike "three two" insert "three"
Line 43, strike "C B" insert "C"
Page 6, line 2, strike "J G" insert "J"
Strike lines 3 through 10, insert:
"H. A category one repetitive offender shall be sentenced within the following ranges:
Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 3 years 4 years 5 years 10 years 12.5 years
Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years
Class 4 1 year 1.5 years 2.5 years 3 years 3.75 years
Class 5 .5 years .75 years 1.5 years 2 years 2.5 years
Class 6 .25 years .5 years 1 year 1.5 years 2 years"
Reletter to conform
Line 11, strike "two one" insert "two"
Line 19, strike "three two" insert "three"
Line 28, strike "H, I or J F or G" insert "H, I or J"
Line 40, strike "A and"; strike "and C" insert "and C"
Page 7, line 7, strike "a historical"; strike "felony"
Line 8, after "court" strike remainder of line
Strike line 9
Line 10, strike "committed the present offense"
Lines 14, 19 and 21, strike "historical prior felony" insert "prior"
Line 35, strike "H, I or J F or G" insert "H, I or J"
Strike lines 41 and 42
Strike pages 8 and 9
Amend title to conform