Crimes/ Alcohol/ Drivers Licenses

HB 90 encompasses a wide variety of issues relating to our legal, correctional and public safety systems. Following are the specific changes:

• Currently, there are very few tools law enforcement and public safety have in requiring that sex offenders, who are on probation or parole, comply with the conditions of their release. HB 90 will provide for a class A misdemeanor if a person violates certain conditions of their probation or parole.


• Under current law, it is a crime to send indecent materials, if the materials depict minors, to minors. I believe that sending indecent materials to a minor whether or not the individuals depicted are underage or not, should be a crime. HB 90 does just this.


• HB 90 allows for the forfeiture of property, such as computers used in committing electronic distribution of indecent materials to minors. This forfeiture could only occur after conviction.


• Adding "attempt, solicitation, and conspiracy to commit murder" to the list of crimes for which the statute of limitations do not apply. Currently, the statute of limitations is just 5 years. With the addition of a cold case prosecutor, the Department of Law feels that they can successfully bring those who fall under this category to justice if the statute of limitations is lifted.


• Currently, the courts are being asked to hold repeat bail review hearings based on little or no actual new information. The multiple bail review hearings are being used by defendants as a tactic to wear down an overburdened court system with repeat, inappropriate proposals to release a defendant.
  
  HB 90 would require that the information offered supporting a subsequent bail review hearing actually be "new" information. It will help balance the constitutional right to bail with the constitutional right of victims to be treated with dignity, respect and fairness.


• Under the premise that criminals should serve their sentenced time, HB 90 disallows credit toward a term of incarceration for time served while in a private residence, under electronic monitoring or for certain treatment programs that are not similar to incarceration.


• In 2006, the legislature adopted extended periods of probation, including a minimum of 15 years for felony sexual assault in the first degree, for felony sex offenders. HB 90 would change the maximum years of probation to 25, allowing for conformity to current law and to allow more flexibility in setting probation requirements.


• Currently, persons convicted of electronic distribution of indecent material to minors do not have to register as sex offenders. HB 90 requires that persons convicted of this crime register as a sex offender.


• In an effort to stem the abuse of post conviction relief, HB 90 requires that a person who brings an action for post-conviction relief, based on the claim that the person's attorney in a prior application for post-conviction relief was ineffective, must file the claim within one year after the court's denial of the prior application.


• HB 90 provides that a prisoner may not be granted a good time deduction for any period spent in a treatment program, private residence, or under electronic monitoring. The good time deduction is to reward good behavior while incarcerated, and not in a home or similar place.