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District G - Republican |
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Sponsor Statement for SB 25
Updated: February 2, 1999 by Mike Pauley, Staff Aide to Senator Leman. Senate Bill 25 requires a defendant convicted of a violent misdemeanor to be sentenced as if convicted of a class C felony, if the defendant has been previously convicted of two or more violent misdemeanors within the previous 10 years. Violent misdemeanors involve threats of violence or offenses which by their nature lead to violence, including assault in the fourth degree, reckless endangerment, stalking in the second degree, sexual abuse of a minor in the fourth degree, resisting arrest, violating a protective order, misconduct involving weapons in the fourth and fifth degrees, respectively. It is common for violent offenders to repeatedly commit misdemeanor offenses (maximum sentence of one year imprisonment) and thereby avoid the stiffer sentences associated with class C felonies (maximum sentence of five years). It is also common to have felonious offenses reduced to misdemeanor charges through the plea bargaining process. Senate Bill 25 sends a clear message to such offenders that the state will not tolerate violence as a means of settling disputes, especially in the area of domestic violence offenses. It will also give prosecutors an additional tool to keep truly dangerous offenders off the streets. |
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