Amends TCA Title 39 and Title 40, Chapter 35.

This bill makes the following changes to present law concerning criminal sentencing:<br /> <br /> (1) Present law requires that a multiple offender is sentenced within Range II of the sentencing guidelines. A multiple offender is a defendant who has received a minimum of two but not more than four prior felony convictions within the conviction class, a higher class, or within the next two lower felony classes, OR one Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony. To determine the number of prior convictions a defendant has received, all prior felony convictions are included. Under this bill, a conviction for an offense committed 10 years or more before the commission of the offense for which the defendant is being sentenced will not be included for the purpose of determining the number of prior convictions. The 10-year period to determine prior convictions will be tolled while a defendant was incarcerated, but will not be tolled while the defendant was serving a sentence on community supervision; and<br /> <br /> (2) Present law requires that a persistent offender is sentenced within Range III of the sentencing guidelines. A persistent offender is a defendant who has received five or more prior felony convictions within the conviction class, a higher class, or within the next two lower felony classes, OR at least two Class A or any combination of three or more Class A or B prior felony convictions if the defendant's conviction offense is a Class A or B felony. To determine the number of prior convictions a defendant has received, all prior felony convictions are included. This bill establishes a 15-year look-back period for counting the number of prior felony convictions to determine if a defendant is a persistent offender, which will operate the same as the 10-year period for multiple offenders described in (1).<br />