03/14/1994 01:15 PM House JUD

  HB 460 - NO BAIL FOR FELONS WITH PREVIOUS CONVICTIONS                        
                                                                               
  Number 233                                                                   
                                                                               
  CHAIRMAN PORTER introduced REP. MIKE NAVARRE, Prime Sponsor                  
  of HB 460, representing District 9.                                          
                                                                               
  REP. NAVARRE described HB 460 as a companion bill to SB 228,                 
  which proposes to provide that if a person has been                          
  previously convicted of a sexual offense, in all degrees                     
  (not just first degree, as is now the case), they will not                   
  be allowed bail if convicted a second time.  They will be                    
  required to stay in jail through the appeal process.  This                   
  is a way of getting a little tougher on these types of                       
  criminals without costing the state a lot of money.                          
                                                                               
  Number 305                                                                   
                                                                               
  REP. GREEN stated that the fiscal notes would be zero, since                 
  the person would be going to jail after conviction anyway.                   
                                                                               
  Number 320                                                                   
                                                                               
  CHAIRMAN PORTER said that these are all post-bail conviction                 
  considerations, not pre-conviction.  In post-conviction,                     
  credit is given for the time spent in jail, to apply to your                 
  sentence.                                                                    
                                                                               
  Number 330                                                                   
                                                                               
  REP. NORDLUND added the fact that those types of offenses do                 
  not normally result in overturning a sentence through the                    
  appeal process, so it is more efficient for the felon to                     
  start doing their time right away.                                           
                                                                               
  Number 352                                                                   
                                                                               
  REP. NAVARRE stated that constitutionally, the burden of                     
  proof has already shifted; the person has been found guilty                  
  beyond reasonable doubt.                                                     
                                                                               
  Number 356                                                                   
                                                                               
  REP. PHILLIPS asked, if in the event this bill does not                      
  pass, would the sex offender registration bill be plugged in                 
  just as soon as the ruling was made in the case?                             
                                                                               
  Number 360                                                                   
                                                                               
  REP. NAVARRE replied that, yes, that could help, because the                 
  felon would be required to register in other states as well.                 
                                                                               
                                                                               
  Number 385                                                                   
                                                                               
  REP. JAMES moved that HB 460 be passed out of committee with                 
  a zero fiscal note recommendation.  The bill passed with no                  
  objection.                                                                   
                                                                               
  The House Judiciary Committee was adjourned at 2:30 p.m.