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2022 SESSION
SB 137 Discretionary sentencing guidelines; written explanation, appeal.
Introduced by: John S. Edwards | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Sentencing guidelines; written explanation; appeal. Requires that the written explanation the court files with the record of a case when departing from the sentencing guidelines adequately explains the sentence imposed to promote fair sentencing. The bill also provides that the failure to follow any of the required sentencing provisions, including the failure to provide a written explanation that adequately explains the sentence imposed, shall be reviewable on appeal or may the basis of any other post-conviction relief. The bill also provides that the failure to provide a written explanation that adequately explains the sentence imposed is error that may constitute a basis for resentencing by the trial judge. Under current law, the failure to follow any or all of the provisions of the sentencing guidelines or the failure to follow any or all of such provisions in the prescribed manner is not reviewable on appeal and cannot be the basis of any other post-conviction relief. The provisions of the bill apply only to those sentencing hearings conducted and such sentences imposed on or after July 1, 2022.
FULL TEXT
- 01/08/22 Senate: Prefiled and ordered printed; offered 01/12/22 22100360D pdf
- 02/07/22 Senate: Committee substitute printed 22106160D-S1 pdf | impact statement
- 02/11/22 Senate: Printed as engrossed 22106160D-ES1 pdf | impact statement
AMENDMENTS
- Senate subcommittee amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
- Senate amendments
HISTORY
- 01/08/22 Senate: Prefiled and ordered printed; offered 01/12/22 22100360D
- 01/08/22 Senate: Referred to Committee on the Judiciary
- 01/31/22 Senate: Assigned Judiciary sub: Criminal Law
- 02/07/22 Senate: Reported from Judiciary with substitute (9-Y 4-N)
- 02/07/22 Senate: Committee substitute printed 22106160D-S1
- 02/08/22 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/09/22 Senate: Read second time
- 02/09/22 Senate: Reading of substitute waived
- 02/09/22 Senate: Committee substitute agreed to 22106160D-S1
- 02/09/22 Senate: Engrossed by Senate - committee substitute SB137S1
- 02/10/22 Senate: Read third time and defeated by Senate (20-Y 20-N)
- 02/10/22 Senate: Chair votes No
- 02/10/22 Senate: Reconsideration of defeated action agreed to by Senate (40-Y 0-N)
- 02/10/22 Senate: Passed by for the day
- 02/11/22 Senate: Engrossment reconsidered by Senate (40-Y 0-N)
- 02/11/22 Senate: Reading of amendments waived
- 02/11/22 Senate: Amendments by Senator Edwards agreed to (24-Y 16-N)
- 02/11/22 Senate: Engrossed by Senate - committee substitute with amendments SB137ES1
- 02/11/22 Senate: Printed as engrossed 22106160D-ES1
- 02/11/22 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/11/22 Senate: Passed Senate (23-Y 17-N)
- 02/22/22 House: Placed on Calendar
- 02/22/22 House: Read first time
- 02/22/22 House: Referred to Committee for Courts of Justice
- 02/27/22 House: Assigned Courts sub: Subcommittee #1
- 03/04/22 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
- 03/08/22 House: Left in Courts of Justice