SB939
Discretionary sentencing guidelines; written explanation, appeal.
Summary
As Introduced. 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 provides that the failure to follow any of the required sentencing provisions, including the failure to provide a written ... (More) explanation that adequately explains the sentence imposed, shall be reviewable on appeal or may be 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 an 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, 2023. (Less)-
Bill History
- 01/06/2023 - Senate: Prefiled and ordered printed; offered 01/11/23 23101368D
- 01/06/2023 - Senate: Referred to Committee on the Judiciary
- 02/01/2023 - Senate: Reported from Judiciary (9-Y 4-N)
- 02/03/2023 - Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/06/2023 - Senate: Read second time and engrossed
- 02/07/2023 - Senate: Impact statement from DPB (SB939)
- 02/07/2023 - Senate: Read third time and passed Senate (22-Y 18-N) Close Floor Vote
- 02/09/2023 - House: Placed on Calendar
- 02/09/2023 - House: Read first time
- 02/09/2023 - House: Referred to Committee for Courts of Justice
- 02/11/2023 - House: Assigned Courts sub: Subcommittee #1
- 02/13/2023 - House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
- 02/22/2023 - House: Left in Courts of Justice
