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Committee amends and advances bill to increase sentencing range for aggravated sexual battery involving minors or incapacitated victims
Summary
House Bill 13-52 was amended to require that convictions for aggravated sexual battery against victims under 18 or who are mentally defective/incapacitated be sentenced as Range II offenders; the committee approved the amendment and advanced the bill to full judiciary.
Chair Lady Littleton explained an amendment to HB 13-52 that would require a person convicted of aggravated sexual battery (a class B felony) to be sentenced as a Range II offender when the victim is less than 18 years old or is mentally defective, mentally incapacitated or physically helpless. The amendment also permits a defendant to be sentenced as a Range III offender if appropriate.
Representative Powell asked whether the amendment increases existing penalties. Chair Lady Littleton said the amendment does increase sentencing for covered situations, and the committee briefly consulted legal services to confirm the sentencing ranges. Michelle Fogarty of legal services explained that a class B felony sentenced as a Range II offender carries a range of 12 to 20 years.
After questions were called, the committee voted to send HB 13-52 as amended to full judiciary. The clerk reported 9 ayes and 0 nays on the committee vote.
