05/08/1995 04:05 PM House JUD

 SB 154 - AGGRAVATING FACTORS AT SENTENCING                                    
                                                                               
 CHAIRMAN BRIAN PORTER explained the bill.  In the presumptive                 
 sentencing scheme the court can increase the presumptive term for             
 aggravating factors, and can decrease the presumptive term for                
 mitigating factors.  These sentencing considerations are set out in           
 statute.  This bill amends one of the aggravating factors.  In                
 current law a judge can increase the sentence of a defendant                  
 convicted of sexual assault on a minor if the defendant has                   
 committed similar bad acts on the same victim or another minor.               
 The court can increase the sentence of a defendant convicted of               
 sexual assault on an adult if the defendant has committed similar             
 bad acts on the same adult victim or another adult.  This bill                
 expands the aggravating factor by allowing the court to increase              
 the sentence of a defendant convicted of sexual assault on a minor            
 if the defendant has committed sexual assault on an adult in the              
 past, and also allows the court to increase the sentence of a                 
 defendant who is convicted of sexual assault and has committed                
 sexual abuse of a minor before.                                               
                                                                               
 REPRESENTATIVE CYNTHIA TOOHEY stated she thought it would be                  
 unreasonable for the court not to aggravate in the circumstances              
 even with the present statute.                                                
                                                                               
 CHAIRMAN PORTER answered that criminal statutes must be very                  
 precise, and courts cannot add to their breadth even when it would            
 seem reasonable to do so.                                                     
                                                                               
 REPRESENTATIVE TOOHEY understood and stated she was happy that we             
 were making the statute more reasonable.                                      
                                                                               
 REPRESENTATIVE CON BUNDE made a motion to move SB 154 out of                  
 committee with individual recommendations and four zero fiscal                
 notes attached.  Hearing no objection, it was so ordered.