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Committee moves to close loophole for offenses committed "in the presence of a child"

JUDICIARY COMMITTEE - SENATE · February 27, 2019
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Summary

The Senate Judiciary Committee passed HB1403, which adds two second-degree assault offenses to an existing sentencing enhancement applied when certain crimes occur in the presence of a child, allowing judges to impose an additional 1–10 years. Prosecutors said the change clarifies statutory language rather than creating a new penalty.

House Bill 1403, sponsored by Representatives McCullough and Fife and taken up in the Senate Judiciary Committee, was passed by voice vote after sponsors said the bill clarifies an existing sentencing enhancement for offenses committed in the presence of a child.

Supporters told the committee the bill simply adds two specified second-degree assault offenses that were inadvertently omitted from the…

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