Revise Habitual Criminal Statute
Concerning the identification of habitual criminals for sentencing purposes.
2017 Regular Session
Crimes, Corrections, & Enforcement
Current law provides that, with certain exceptions, every person convicted of any class 1, 2, 3, 4, or 5 felony or level 1, 2, or 3 drug felony who, within 10 years of the date of the commission of the felony, has been twice previously convicted of a felony or a crime which, if committed within this state, would be a felony is an habitual criminal and shall receive an aggravated sentence. The bill states that:
- A conviction for any class 4, 5, or 6 felony may not be used for the purpose of adjudicating a person as an habitual criminal unless the conviction was for a crime of violence; and
- A conviction for any level 2, 3, or 4 drug felony may not be used for the purpose of adjudicating a person as an habitual criminal.
(Note: This summary applies to this bill as introduced.)