Criminal Law and Procedure Committee - Minutes for November 18, 2011

The meeting was called to order at 10 am by Gwenda Renee Robinson, co-chair presiding. 

Ted Hunt, assistant prosecuting attorney for Jackson County, presented a CLE on DNA Evidence, Current Legal Issues and took questions.  Mr. Hunt's portion of the meeting concluded at 11:25 am.  

Chairwoman Robinson and Chairman Jason Lamb reported on the criminal code revision subcommittee.  The subcommittee has completed their work.  They have a package that will be presented to the Board of Governors.  It includes a new sentencing scheme, new provisions and consolidated statutes.  The subcommittee tried to harmonized the code.  There are substantive changes. 

Some major changes include:

1. the addition of a felony class between B and C - B will remain 5-15 years, C will be 3-10 years, D will be 1-7 years, E will be 1-4 years.

2. the addition of a class D misdemeanor - fine only

3. the fine schedule is changed to : felonies - $20,000, A misdemeanor - $2,000, B misdemeanor - $1,000, C misdemeanor - $750, D misdemeanor - $500, infraction - $400

4. the powder cocaine : crack trafficking ratio is lowered to 75:1

5. possessing more than 35 grams of marijuana is an E felony

6. manufacturing under 35 grams of marijuana is an E felony

7. distributing under 35 grams is a C felony

8. distributing near schools, parks, etc are consolidated; distance is 1000 feet

9. colleges and universities are no longer "schools" for this purpose

10. there are no class A felonies without the possibility of probation or parole for drug offenses

11. eliminated double enhancements

It was announced that this package will be presented directly to the Board of Governors.  There was some discussion. 

The meeting was adjourned at noon.

Joe Vanover, Secretary
Criminal Law Committee