HB0428112th GA (Historical)Introduced

Amends TCA Title 39 and Title 40.

Present law mandates a sentence of life imprisonment without the possibility of parole for any person found guilty of the Class A felony offense aggravated rape of a child. In 2012, the U.S. Supreme Court held that a mandatory sentence of life imprisonment without the possibility of parole for a juvenile is unconstitutional. (see: Miller v. Alabama, 567 U.S. 460). This bill changes present law by requiring that a person convicted of aggravated rape of a child that was committed while the defendant was a juvenile be sentenced as a Range III offender, which carries a sentence of 40-60 years. A person convicted of aggravated rape of a child that was committed while the defendant was an adult will continue to be sentenced to life imprisonment without the possibility of parole. ON MARCH 18, 2021, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1117, AS AMENDED. AMENDMENT #1 adds that a person who was a juvenile at the time of the committing the offense of aggravated rape of a child must serve 100 percent of the sentence imposed less sentence credits earned and retained, not to reduce the sentence imposed by more than 15 percent.

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Overview

Present law mandates a sentence of life imprisonment without the possibility of parole for any person found guilty of the Class A felony offense aggravated rape of a child. In 2012, the U.S. Supreme Court held that a mandatory sentence of life imprisonment without the possibility of parole for a juvenile is unconstitutional. (see: Miller v. Alabama, 567 U.S. 460). This bill changes present law by requiring that a person convicted of aggravated rape of a child that was committed while the defendant was a juvenile be sentenced as a Range III offender, which carries a sentence of 40-60 years. A person convicted of aggravated rape of a child that was committed while the defendant was an adult will continue to be sentenced to life imprisonment without the possibility of parole. ON MARCH 18, 2021, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1117, AS AMENDED. AMENDMENT #1 adds that a person who was a juvenile at the time of the committing the offense of aggravated rape of a child must serve 100 percent of the sentence imposed less sentence credits earned and retained, not to reduce the sentence imposed by more than 15 percent.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 27, 2021

Subjects
260543204355

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HB0428: Amends TCA Title 39 and Title 40. | LegisGo