Criminal law.

Authors: Senator Randall Head


Relocates the definition of "crime of violence" and makes conforming amendments. Removes advisory sentences and the sentencing cap for crimes committed in a single episode of criminal conduct. Makes sentences for the following crimes nonsuspendible: (1) Murder and Level 1 felonies. (2) Level 2 or Level 3 felonies if the person has a prior felony conviction. (3) Level 4 and Level 5 felonies if the person has a prior conviction and completed the sentence for the prior felony less than 10 years before commission of the current felony. Changes the penalty enhancement for nonsupport of a child from a Level 6 felony to a Level 5 felony if the person has a previous conviction for the offense. Changes the procedure for a court to lower the penalty for a person convicted of nonsupport of a child. Provides that "enhancing circumstance", as used to increase the penalty for certain drug offenses: (1) applies to a prior conviction committed in any jurisdiction; (2) includes a conspiracy or an attempt; (3) applies when the offense is committed within 1,000 feet of a school, park, family housing complex, or youth program center (current law is 500 feet and does not include a family housing complex or youth program center); and (4) does not require that, with respect to offenses committed near a school or public park, a minor is reasonably expected to be present. Specifies that "manufacturing", for purposes of the statute prohibiting the manufacture of marijuana, applies to the production and propagation of marijuana. Increases the penalties for certain offenses involving dealing or possession of controlled substances. Allows the state to seek to have a person sentenced as a habitual vehicular substance offender for any vehicular substance offense by alleging that the person has accumulated two prior unrelated vehicular substance offense convictions. Provides that a vehicular substance offense is a misdemeanor or felony in which the: (1) operation of a motor vehicle while intoxicated; (2) operation of a motor vehicle in excess of the statutory limit for alcohol in a person's blood or breath; or (3) operation of a motor vehicle with a controlled substance or its metabolite in a person's body; is a material element of the misdemeanor or felony. Requires a court to sentence a person found to be a habitual vehicular substance offender to an additional fixed term of at least one year but not more than eight years imprisonment. Increases the penalty for human trafficking. Increases, under certain circumstances, the penalties for: (1) reckless homicide; (2) child exploitation; (3) robbery; (4) burglary; (5) theft; (6) forgery; (7) identity deception; and (8) possession of a firearm by a serious violent felon. Creates the crime of retail theft. Increases the penalty for animal cruelty under certain circumstances. Permits a petition for expungement to be filed in a city or town court, treats the expungement of misdemeanor domestic battery as the expungement of a felony, and makes the grant of expungement discretionary where the crime causes another person to suffer injury or loss of property.