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2020 SESSION

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HB 279 Sentencing proceeding by the jury after conviction; recommendation of leniency.

Introduced by: Patrick A. Hope | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Sentencing proceeding by the jury after conviction; recommendation of leniency. Provides that a jury may, in ascertaining the punishment for a person convicted of a felony or Class 1 misdemeanor, recommend that the sentence imposed be suspended in whole or in part, or that sentences imposed for multiple offenses be served concurrently, except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposing an active term of incarceration in excess of the active term of incarceration recommended by the jury. The bill also allows the jury to recommend that the defendant be placed on probation, make full or partial restitution, perform community service, or receive mental health or substance abuse treatment in lieu of incarceration or as a condition of any suspended sentence, and requires the court to follow such recommendation unless good cause is shown for why the recommendation is inappropriate or unavailable.


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