Archive for March, 2012

TN SB 2252

Posted: March 30, 2012 in Nitegator

SB 2252, enhances penalties for aggravated assault, robbery or aggravated burglary committed by groups of three or more people by moving the crime one classification higher than if they had acted alone. It adds those three crimes to a list of offenses whose penalties were enhanced in previous gang-crime laws.

SB 2252 by *Norris, Kyle, Finney L, Beavers, Berke, Burks, Herron, Johnson, Tate, Watson, Yager, Crowe. (*HB 2390 by *McCormick, Rich, Moore, Hardaway, Parkinson, McManus, Brooks K, Shaw, Evans, Wirgau, Fitzhugh, Pody, Dean, Dennis, Lollar, White, Shipley, Todd, Gotto, Eldridge, Hensley, Haynes, Maggart, Weaver, Coley, Brooks H, Miller D, Sanderson, Faison, Hurley, Williams R, Elam, Halford, Johnson C, Sexton.)

Sentencing – As introduced, establishes enhanced punishment for crimes of force or violence committed while acting in concert with two or more other persons. – Amends TCA Title 39 and Title 40.

Fiscal Summary

Increase State Expenditures – $2,850,500/Incarceration* Funding in the amount of $4,764,400 is included in the Governors proposed FY12-13 budget.

Bill Summary

This bill specifies that any crime of aggravated assault, robbery, or aggravated burglary that is committed by a person who is acting in concert with two or more other persons would be classified one classification higher than if the crime was committed alone, if the victim of the crime knows or reasonably should know that at least three people participated in the commission of the crime. The indictment must charge that the offense was committed while acting in concert with two or more other persons. With regard to the crime of aggravated assault, this bill would only apply to such crimes in which a person:

(1) Intentionally or knowingly commits an assault and causes serious bodily injury to another, uses or displays a deadly weapon, or attempts or intends to cause bodily injury to another by strangulation; or
(2) Recklessly commits an assault and causes serious bodily injury to another or uses or displays a deadly weapon.

Under present law, aggravated assault as described above in (1) is a Class C felony, aggravated assault as described above in (2) is a Class D felony, robbery is a Class C felony, and aggravated robbery is a Class B felony. Therefore, in those cases in which this bill applies, aggravated assault as described above in (1) would be a Class B felony, aggravated assault as described above in (2) would be a Class C felony, robbery would be a Class B felony, and aggravated robbery would be a Class A felony.

ON MARCH 19, 2012, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2252, AS AMENDED.

AMENDMENT #1 removes the provision whereby “the victim of the crime must know or reasonably should have known that at least three people participated in the commission of the crime” in order for the crime committed by a person who is acting in concert with two or more other persons to be classified one classification higher than if the crime was committed alone.

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TN Senate Bill 2250

Posted: March 30, 2012 in Nitegator

Senate Bill 2250 increases the offense to a Class C felony, punishable by a 3- to 15-year sentence and up to $10,000 in fines for convicted felons carrying a firearm whose prior crime involved the use of force, violence, or a deadly weapon. It would be a Class D felony (2 to 12 years and up to $5,000 in fines) for felons whose conviction involved a drug offense.

SB 2250 by *Norris, Kyle, Finney L, Beavers, Bell, Berke, Burks, Herron, Johnson, Yager. (*HB 2388 by *McCormick, Rich, Moore, Dean, Dennis, White, Gotto, Floyd, Hensley, Coley, Brooks H, Weaver, Miller D, Eldridge, Haynes, Wirgau, Sexton, Halford, Sanderson, Shipley, Fitzhugh, Brooks K, McManus, Williams R, Todd, Lollar, Parkinson.)

Sentencing – As introduced, increases the punishment for unlawful possession of firearm by person with previous felony conviction. – Amends TCA Title 39 and Title 40.

Fiscal Summary

Increase State Expenditures – $271,000/Incarceration* Funding in the amount of $266,100 is included in the Governors proposed FY12-13 budget.

Bill Summary

Under present law, a person commits a Class E felony who possesses a firearm and:

(1) Has been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon; or
(2) Has been convicted of a felony drug offense.

This bill increases the penalties for the above offenses. Under this bill, a person who possesses a firearm and meets the condition listed in (1) commits a Class C felony and a person who possesses a firearm and meets the condition listed in (2) commits a Class D felony.

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