Amends TCA Title 39 and Title 40.
If a defendant is convicted of more than one criminal offense, present law authorizes a court to order sentences to run consecutively if the court finds the following by a preponderance of the evidence: (1) The defendant is a professional criminal who has knowingly devoted the defendant's life to criminal acts as a major source of livelihood; (2) The defendant is an offender whose record of criminal activity is extensive; (3) The defendant is a dangerous mentally abnormal person so declared by a competent psychiatrist who concludes as a result of an investigation prior to sentencing that the defendant's criminal conduct has been characterized by a pattern of repetitive or compulsive behavior with heedless indifference to consequences; (4) The defendant is a dangerous offender whose behavior indicates little or no regard for human life and no hesitation about committing a crime in which the risk to human life is high; (5) The defendant is convicted of two or more statutory offenses involving sexual abuse of a minor with consideration of the aggravating circumstances arising from the relationship between the defendant and victim or victims, the time span of the defendant's undetected sexual activity, the nature and scope of the sexual acts and the extent of the residual, physical and mental damage to the victim or victims; (6) The defendant is sentenced for an offense committed while on probation; (7) The defendant is sentenced for criminal contempt; or (8) The defendant is convicted of two or more offenses involving sexual exploitation of an elderly or vulnerable adult with consideration of the aggravating circumstances arising from the relationship between the defendant and victim, the nature and scope of the sexual acts, and the extent of the physical and mental damage to the victim. This bill adds to the above list that a court is authorized to order sentences to run consecutively if the court finds by a preponderance of the evidence that the defendant, while incarcerated, has an extensive administrative record documenting a history of violent encounters with other inmates, guards, officers, or other facility personnel, regardless of whether the inmate was charged or convicted of a crime for such acts. ON APRIL 10, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1056, AS AMENDED. AMENDMENT #1 rewrites this bill and adds the following to the present law relative to offenses committed within a penal institution: (1) A warden or chief administrative officer employed by a penal institution, who knows that an offense enumerated in (2) below has occurred within the penal institution, must report the offense to the district attorney general for the judicial district in which the penal institution is located and the district attorney general who prosecuted the offense for which the offender is incarcerated within five business days of becoming aware of the offense being committed; (2) The above requirement applies to aggravated assault; first degree murder; second degree murder; voluntary manslaughter; criminally negligent homicide; aggravated rape; rape; aggravated sexual battery; sexual battery; and indecent exposure; and (3) A violation of (1) above is a Class A misdemeanor. This amendment also authorizes the court to order sentences to run consecutively if the court finds by a preponderance of the evidence that the defendant was incarcerated at the time of the offense and is convicted of an offense enumerated in (2) above.
If a defendant is convicted of more than one criminal offense, present law authorizes a court to order sentences to run consecutively if the court finds the following by a preponderance of the evidence: (1) The defendant is a professional criminal who has knowingly devoted the defendant's life to criminal acts as a major source of livelihood; (2) The defendant is an offender whose record of criminal activity is extensive; (3) The defendant is a dangerous mentally abnormal person so declared by a competent psychiatrist who concludes as a result of an investigation prior to sentencing that the defendant's criminal conduct has been characterized by a pattern of repetitive or compulsive behavior with heedless indifference to consequences; (4) The defendant is a dangerous offender whose behavior indicates little or no regard for human life and no hesitation about committing a crime in which the risk to human life is high; (5) The defendant is convicted of two or more statutory offenses involving sexual abuse of a minor with consideration of the aggravating circumstances arising from the relationship between the defendant and victim or victims, the time span of the defendant's undetected sexual activity, the nature and scope of the sexual acts and the extent of the residual, physical and mental damage to the victim or victims; (6) The defendant is sentenced for an offense committed while on probation; (7) The defendant is sentenced for criminal contempt; or (8) The defendant is convicted of two or more offenses involving sexual exploitation of an elderly or vulnerable adult with consideration of the aggravating circumstances arising from the relationship between the defendant and victim, the nature and scope of the sexual acts, and the extent of the physical and mental damage to the victim. This bill adds to the above list that a court is authorized to order sentences to run consecutively if the court finds by a preponderance of the evidence that the defendant, while incarcerated, has an extensive administrative record documenting a history of violent encounters with other inmates, guards, officers, or other facility personnel, regardless of whether the inmate was charged or convicted of a crime for such acts. ON APRIL 10, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1056, AS AMENDED. AMENDMENT #1 rewrites this bill and adds the following to the present law relative to offenses committed within a penal institution: (1) A warden or chief administrative officer employed by a penal institution, who knows that an offense enumerated in (2) below has occurred within the penal institution, must report the offense to the district attorney general for the judicial district in which the penal institution is located and the district attorney general who prosecuted the offense for which the offender is incarcerated within five business days of becoming aware of the offense being committed; (2) The above requirement applies to aggravated assault; first degree murder; second degree murder; voluntary manslaughter; criminally negligent homicide; aggravated rape; rape; aggravated sexual battery; sexual battery; and indecent exposure; and (3) A violation of (1) above is a Class A misdemeanor. This amendment also authorizes the court to order sentences to run consecutively if the court finds by a preponderance of the evidence that the defendant was incarcerated at the time of the offense and is convicted of an offense enumerated in (2) above.
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