Discretionary sentencing guidelines; written explanation, appeal. (SB137)
Introduced By
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
✓ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Sentencing guidelines; written explanation; appeal. Requires that the written explanation the court files with the record of a case when departing from the sentencing guidelines adequately explains the sentence imposed to promote fair sentencing. The bill also provides that the failure to follow any of the required sentencing provisions, including the failure to provide a written explanation that adequately explains the sentence imposed, shall be reviewable on appeal or may the basis of any other post-conviction relief. The bill also provides that the failure to provide a written explanation that adequately explains the sentence imposed is error that may constitute a basis for resentencing by the trial judge. Under current law, the failure to follow any or all of the provisions of the sentencing guidelines or the failure to follow any or all of such provisions in the prescribed manner is not reviewable on appeal and cannot be the basis of any other post-conviction relief. The provisions of the bill apply only to those sentencing hearings conducted and such sentences imposed on or after July 1, 2022. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/08/2022 | Prefiled and ordered printed; offered 01/12/22 22100360D |
01/08/2022 | Referred to Committee on the Judiciary |
01/31/2022 | Assigned Judiciary sub: Criminal Law |
02/04/2022 | Senate subcommittee amendments and substitutes offered |
02/07/2022 | Senate committee, floor amendments and substitutes offered |
02/07/2022 | Reported from Judiciary with substitute (9-Y 4-N) (see vote tally) |
02/07/2022 | Committee substitute printed 22106160D-S1 |
02/08/2022 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/09/2022 | Read second time |
02/09/2022 | Reading of substitute waived |
02/09/2022 | Committee substitute agreed to 22106160D-S1 |
02/09/2022 | Engrossed by Senate - committee substitute SB137S1 |
02/10/2022 | Read third time and defeated by Senate (20-Y 20-N) (see vote tally) |
02/10/2022 | Chair votes No |
02/10/2022 | Reconsideration of defeated action agreed to by Senate (40-Y 0-N) (see vote tally) |
02/10/2022 | Passed by for the day |
02/11/2022 | Impact statement from DPB (SB137S1) |
02/11/2022 | Engrossment reconsidered by Senate (40-Y 0-N) (see vote tally) |
02/11/2022 | Reading of amendments waived |
02/11/2022 | Amendments by Senator Edwards agreed to (24-Y 16-N) (see vote tally) |
02/11/2022 | Engrossed by Senate - committee substitute with amendments SB137ES1 |
02/11/2022 | Printed as engrossed 22106160D-ES1 |
02/11/2022 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/11/2022 | Passed Senate (23-Y 17-N) (see vote tally) |
02/14/2022 | Impact statement from DPB (SB137ES1) |
02/22/2022 | Placed on Calendar |
02/22/2022 | Read first time |
02/22/2022 | Referred to Committee for Courts of Justice |
02/27/2022 | Assigned Courts sub: Subcommittee #1 |
03/04/2022 | Subcommittee recommends passing by indefinitely (5-Y 3-N) |
03/08/2022 | Left in Courts of Justice |