HB0229 Canuteson, Greg

P R E F I L E D

HB 229 -- Firearms Offenses

This bill increases the number of years a person must be incarcerated for the conviction of armed criminal action.

(1) First time offenders are required to serve at least 5 years;

(2) Second time offenders are required to serve at least 10 years;

(3) Third time offenders are required to serve at least 15 years.

Current law requires first time offenders to serve at least 3 years, second time offenders to serve 5 years, and third time offenders to serve at least 10 years.

The bill creates the crime of unlawful possession of a concealable firearm during the commission of a dangerous felony. Dangerous felony is defined by the bill as the felonies of armed criminal action, arson, assault, burglary, causing catastrophe, felonious restraint, forcible rape, forcible sodomy, kidnapping, voluntary manslaughter, murder, and robbery. Any person convicted of this crime must be sentenced to at least 3 years without the possibility of probation, parole, or conditional release. A person who is convicted of this crime for a second time must be sentenced to at least 7 years without the possibility of probation, parole, or conditional release. A third conviction of this crime results in at least a 12 year sentence without the possibility of probation, parole, or conditional release. The bill does not prevent the imposition of sentences for both unlawful possession of a concealable firearm during the commission of a dangerous felony and the crime committed while in possession of a concealable firearm.

The bill makes it a Class B felony for a person with the intent that first degree murder be committed to request, command, or attempt to induce another to engage in specific conduct that under the circumstances surrounding his or her conduct as the actor believes them to be would constitute murder in the first degree or make the other a party to its commission. A person will not be guilty of this crime unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation. The bill prohibits the following defenses to this crime:

(1) The person solicited is not criminally responsible for the crime;

(2) The person solicited has been acquitted, has not been prosecuted or convicted, or has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution; or

(3) The felony solicited was actually committed.