Legislature(1993 - 1994)

04/26/1994 04:15 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 SENATOR TAYLOR brought  CSHB 313(JUD)  (IMPOSITION, REVOCATION,               
 SUSPENDED SENTENCES) before the committee as the final order of               
 business.                                                                     
                                                                               
 GEORGE DOZIER, staff to Representative Pete Kott, said the                    
 legislation addresses the subject of suspended impositions of                 
 sentencing.  Currently, sentencing judges have the option of                  
 imposing what is known as a suspended imposition of sentence.  The            
 individual is placed on probation for a period time and reasonable            
 conditions are imposed for that probationary period.  At the                  
 conclusion of the probationary period, if the defendant has                   
 successfully completed his probation and has complied with the                
 conditions, then the court has the option of vacating the judgment            
 against him and never sentencing him.  If, instead, the defendant             
 does not comply with the conditions of his probation, then the                
 court may revoke his probation and sentence him for the underlying            
 crime.  This is used mostly with young defendants and for minor               
 type of offenses.  However, if a judge wants to impose a suspended            
 imposition of sentence for an extremely minor offense, which is               
 what this procedure is designed for, he is limited to a very short            
 span of time that he can place the individual on probation, and               
 this can cause problems.  HB 313 grants the court in class B                  
 misdemeanors the authority to impose a suspended imposition of                
 sentence or to place the individual on probation for a period of up           
 to one year in granting the suspended imposition of sentence.                 
                                                                               
 Number 340                                                                    
                                                                               
 MARGO KNUTH, Department of Law, clarified that it isn't the period            
 of probation - it is the period of time that the SIS can be                   
 granted.  She added that judges, prosecutors and public defenders             
 all agree that they would like to see this change.                            
                                                                               
 Number 358                                                                    
                                                                               
 SENATOR LITTLE moved that CSHB 313(JUD) be passed out of committee            
 with individual recommendations.  Hearing no objection, it was so             
 ordered.                                                                      

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