Disclaimer: These codes may not be the most recent version. /FontName /Arial
In those cases, the bill was filed using Criminal Offenses as a secondary subject. For low-level felonies (Range I or below for Class C, D, or E), the law directs the court to consider non-prison sentencing alternatives. Prison. ]
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8#j|r#@P-(l;+(c-(tX2,Sx1+ Burglary. What If Your Law School Loses Its Accreditation?
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the penalty for especially aggravated burglary, from a Class B felony to a Class A felony, if the burglary is of a habitation.
Next Steps: Search for a Local Attorney Contact a qualified attorney. (b) For the purposes of this section, victim means any person lawfully on the premises. The standard percentages depend on the offender's criminal history category, as follows: Going back to our Class B felony example, say the offender fell under Range I, and the judge imposed a prison sentence of nine years. Current as of January 01, 2020 | Updated by FindLaw Staff. 39-14-404 - Especially Aggravated Burglary (a) Especially aggravated burglary is: (1) Burglary of a habitation or building other than a habitation; and (2) Where the victim suffers serious bodily injury. Persistent and career offenders fall under the highest sentencing rangeRange III. As used in this part, unless the context otherwise requires: (1)Adjudication as a mental defective or adjudicated as a mental defective means: (A)A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i)Is a danger to such person or to others; or. to Summer Study in Elections & Campaign Finance Subcommittee, HB0578: Def. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Especially mitigated offenders qualify for a reduction in a Range I penalty. 556 750 277 556 500 1000 556 556
There may be policies in your employee handbook that any plead or conviction for a crime of dishonesty such as burglary will result in termination of employment. %PDF-1.7
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to Covid-19 Committee of Extraordinary Session III, SB9033: Reset on Final calendar of Senate Judiciary Committee, HB9055: Taken off notice for cal. Especially aggravated burglary is: Burglary of a habitation or building other than a habitation; and Where the victim suffers serious bodily injury. /Flags 98
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Especially aggravated burglary is a Class B felony. 2 The FBI does not publish arson data unless it receives data from either the agency or the state for all 12 months of the calendar year. Those convicted of a criminal gang offense can receive enhanced penalties, such as punishment that is one or two classifications higher than the underlying offense. Copyright 2023, Thomson Reuters. endobj
333 333 389 583 277 333 277 277
A Class E Felony is punishable by 1 to 6 years in prison and/or a fine of up to $3,000. in Criminal Justice Committee, SB1003: Assigned to General Subcommittee of Senate Judiciary Committee. 610 277 277 556 277 889 610 610
556 556 556 556 556 556 889 556
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277 333 556 556 556 556 259 556
Elements (1) and (2) are class D felonies and elements (3) are class E felonies.
Log in. If a person commits a burglary and it results in serious bodily harm of a person lawfully in the habitation or building, then they have committed "especially aggravated burglary." T.C.A. /DisplayDocTitle false
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Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault; Remains concealed, with the intent to commit a felony, theft or assault, in a building; Enters a building and commits or attempts to commit a felony, theft or assault; or. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
HB1314: P2C, caption bill, held on desk - pending amdt. Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle; gallatin criminal defense attorney lawyer, hendersonville criminal defense attorney lawyer, Nashville criminal defense attorney lawyer, New Reasonable Purpose Standard in Tennessee Parental Relocation Case Stringer v. Stringer, Increase in traumatic brain injuries with youth sports related concussions, Legislature takes bite out of one free bite rule.. /Outlines 2 0 R
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Counts: 1 Thru 1 TCA:Silverdale39140403 TIBRS: 220 THEFT OF PROPERTY Counts: 2 Thru 2 TCA .
We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. O&rWx)}
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SB0733: Passed on Second Consideration, refer to Senate Judiciary Committee, HB0088: Effective date(s) 04/22/2021; 07/01/2021, SB0253: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB0203: Taken off notice for cal. in Covid-19 Committee of Extraordinary Session III, SB9031: Assigned to General Subcommittee of Senate Judiciary Committee, HB9041: Taken off notice for cal. Class D Felonies. (ii)Any sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction; (5)Firearm silencer means any device designed, made or adapted to muffle the report of a firearm; (6)Hoax device means any device that reasonably appears to be or is purported to be an explosive or incendiary device and is intended to cause alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies; (7)Immediate vicinity refers to the area within the person's immediate control within which the person has ready access to the ammunition; (8)Judicial commitment to a mental institution means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7; (9)Knife means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument; (10)Knuckles means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles; (11)Machine gun means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger; (12)Mental institution means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of an intellectual disability or mental illness, including, but not limited to, a psychiatric ward in a general hospital; (13)Restricted firearm ammunition means any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead. /Type /FontDescriptor
To understand how this works, let's look at the possible sentences for a person convicted of a Class B felony, punishable by 8 to 30 years in prison. /Encoding /WinAnsiEncoding
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Calendar & Rules Committee, HB1232: Assigned to s/c Criminal Justice Subcommittee, SB1127: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1248: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1470: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1313: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1325: Assigned to General Subcommittee of Senate Judiciary Committee. %PDF-1.3
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What are possible aggravated burglary punishments? This offender must serve at least three years (30% of the nine years) before becoming eligible for parole. Aggravated burglary. Tennessee General Assembly Bills By Subject Legislation by Subject Topic for the 112th General Assembly 2021-2022 Legislation filed under: Criminal Offenses The primary subject of a bill in this list may be different from the subject listed above.
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to Summer Study in Criminal Justice Subcommittee, SB0168: Assigned to General Subcommittee of Senate Judiciary Committee, HB1919: Failed in Civil Justice Committee, SB1878: Assigned to General Subcommittee of Senate Judiciary Committee, HB1934: Taken off notice for cal. Resources Committee, HB0561: Def. /FontDescriptor 6 0 R
(c) Especially aggravated burglary is a Class B felony. SECTION 2.
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Below are the sentencing ranges for each felony class and examples of crimes falling under each classification. 3 0 obj
Felony sentencing in Tennessee involves several factors: the felony classification (class A to E), the sentencing range, and the recommended disposition (prison or non-prison sanctions).
2 The FBI does not publish arson data unless it receives data from either the agency or the state for all 12 months of the calendar year. The information provided herein is not all inclusive and does not cover every situation as each situation or case is different and unique. /Type /Outlines
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While we have made every effort to ensure the information presented on our website is accurate and up to date, it is provided as a courtesy and for informational purposes only. ,j(;-o^7Vb!
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(2) Where the victim suffers serious bodily injury. 605 552 500 750 250 500 500 1000
Tennessee may have more current or accurate information. /LastChar 255
Tennessee Code, Title 39, Chapter 14, Part 4: Section 39-14-402 (Burglary) Section 39-14-403 (Aggravated Burglary) Section 39-14-404 (Especially Aggravated Burglary) Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other . Aggravated burglary is a criminal offence in contravention of section 10 of the Theft Act 1968. | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1301.html. 722 722 777 777 777 777 777 583
featuring summaries of federal and state x{y\Ws%oH$
$!AKX* [7,vZnvti-`m3i&u~w9sy} * Examples include rape of a child younger than 13, aggravated kidnapping, and acts of terrorism. 333 1000 500 333 943 750 500 666
Parole offers some offenders the chance for early release from prison. 747 500 399 548 360 360 333 576
For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Any felony conviction disqualifies you for life from ever possessing or being around a firearm or ammunition. to Special Calendar to be Published with Final Calendar in Health Committee, SB0657: Passed on Second Consideration, refer to Senate Judiciary Committee, HB0585: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1138: Failed in Senate Judiciary Committee, HB0601: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB0025: Assigned to General Subcommittee of Senate Judiciary Committee, HB0628: Assigned to s/c Criminal Justice Subcommittee, SB0432: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB0629: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB0438: Assigned to General Subcommittee of Senate Judiciary Committee, SB0530: Action deferred in Senate Commerce and Labor Committee to first calendar of 2022. 76b of the Uniform Code of Military Justice Violating parole terms can result in the offender being sent back to prison. 610 610 389 556 333 610 556 777
(b) For the purposes of this section, "victim" means any person lawfully on the premises.
In some states, the information on this website may be considered a lawyer referral service. Examples include robbery, aggravated burglary, and aggravated assault.
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Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons; Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and.
Tennessee law divides felonies into five classificationsClasses A to E. Class A felonies are the most severe and Class E felonies the least. Those who qualify for parole may be granted early release, as described below. /Widths [
Examples include robbery, aggravated burglary, and aggravated assault. As noted in the statutory elements above, it references a building other than a habitation. This is an important distinction as committing the elements of a burglary in a habitation is often referred to as a home invasion or as the statute refers. /Ascent 905
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(Some crimes, though, don't qualify for probation no matter the sentence length.) /FirstChar 30
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SB1504: Assigned to General Subcommittee of Senate Judiciary Committee, SB0964: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1321: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB0946: Action deferred in Senate Judiciary Committee to 3/30/2022. 750 222 222 333 333 350 556 1000
(c) Especially aggravated burglary is a Class B felony. Terms Used In Tennessee Code > Title 39 > Chapter 14 > Part 4 - Burglary and Related Offenses. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. endobj
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Enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault. Violating conditions can result in the judge ending the suspension and sending the offender to prison. 2023 LawServer Online, Inc. All rights reserved. /LastChar 255
TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Adjudication as a mental defective or adjudicated as a mental defective, Judicial commitment to a mental institution. /FirstChar 32
Possible Sentences A Class C felony is punishable by 3 to 15 years in prison and a fine up $10,000. Range of Punishment for Felonies & Misdemeanors, T.C.A. 610 610 610 610 610 610 610 548
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If any person extends any portion of their body or an object attached to any part of their body into a building or such other vehicle as identified above, then they have committed a burglary. <<
If the jury does not impose the death penalty, the defendant faces life imprisonment with or without the possibility of parole. Class D felonies carry possible sentences of 2 to 12 years in prison and fines up to $5,000. 2010 Tennessee Code Title 39 - Criminal Offenses Chapter 14 - Offenses Against Property Part 4 - Burglary and Related Offenses 39-14-403 - Aggravated burglary. A Class D Felony is punishable by 2 to 12 years in prison and/or a fine of up to $5,000. /Type /Font
The circumstances of entry into a habitation, building, or vehicle is a determinative factor for a conviction of burglary. in Criminal Justice Committee, SB1480: Failed in Senate Judiciary Committee, HB1493: Failed in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1390: Assigned to General Subcommittee of Senate Judiciary Committee, HB1526: Assigned to s/c Criminal Justice Subcommittee, SB2246: Passed on Second Consideration, refer to Senate Government Operations Committee, SB1018: Assigned to General Subcommittee of Senate Judiciary Committee, HB1568: Assigned to s/c Criminal Justice Subcommittee, SB1045: Assigned to General Subcommittee of Senate Judiciary Committee. 280560 P Counts: 3 DAVIS , DEJUAN DEWAYNE AGGRAVATED ROBBERY OWN RECOGNIZANCECounts: 1 Thru 1 TCA: 39130402 TIBRS: 120 AGGRAVATED ROBBERY Counts: 2 Thru 2 TCA: 39130402 TIBRS: 120 . 556 548 556 556 556 556 556 556
(c) Especially aggravated burglary is a Class B felony. Some offenders may be able to shave time off their sentence by earning good-time credits or by getting an educational degree in prison. 11 0 obj
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76b of the Uniform Code of Military Justice, https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1301.html, Read this complete Tennessee Code Title 39. SB0586: Assigned to General Subcommittee of Senate Judiciary Committee, HB0695: Assigned to s/c Criminal Justice Subcommittee, SB0480: Assigned to General Subcommittee of Senate Judiciary Committee, SB1228: Effective date(s) 05/25/2021, 10/01/2021, HB0724: Assigned to s/c Health Subcommittee, SB0204: Assigned to General Subcommittee of Senate Judiciary Committee, SB0903: Assigned to General Subcommittee of Senate Judiciary Committee, HB0805: Taken off notice for cal in s/c Elections & Campaign Finance Subcommittee of Local Government Committee, SB1413: Assigned to General Subcommittee of Senate State and Local Government Committee, HB0833: Assigned to s/c Criminal Justice Subcommittee, SB0637: Assigned to General Subcommittee of Senate Judiciary Committee, HB0894: Assigned to s/c Criminal Justice Subcommittee, HB0901: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1331: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB0972: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1476: Passed on Second Consideration, refer to Senate Judiciary Committee, HB0981: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1184: Assigned to General Subcommittee of Senate Judiciary Committee, HB1057: Assigned to s/c Public Service Subcommittee, SB0932: Assigned to General Subcommittee of Senate State & Local Government Committee, HB1074: Received from House, Passed on First Consideration, SB0358: Failed in Senate Judiciary Committee, HB1084: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1453: Assigned to General Subcommittee of Senate Judiciary Committee, HB1099: Assigned to s/c Criminal Justice Subcommittee, SB0697: Assigned to General Subcommittee of Senate Judiciary Committee, HB1143: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB0284: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1160: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1040: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1177: Assigned to s/c Criminal Justice Subcommittee, SB1238: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1181: Effective date(s) 05/06/2021; 07/01/2021, SB0649: Assigned to General Subcommittee of Senate Transportation and Safety Committee, SB1165: Re-ref. Criminal Offenses - As enacted, states that aggravated burglary and especially aggravated burglary are crimes committed against the person; moves the burglary offenses to the chapter that includes offenses against persons. Examples include carjacking, sex trafficking, and money laundering. 1 0 obj
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(a) Aggravated burglary is burglary of a habitation as defined in 39-14-401 and 39-14-402. 333 556 556 500 556 556 277 556
Protect America is known for their same-day installation service! Offenders who are sentenced to prison must serve a certain percentage of their sentence term before becoming eligible for parole. <<
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These crimes are: Note that prior convictions include probation and any sentencing alternatives set out in TCA 40-35- 104(c)(3)-(9).
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850a If any information contained herein is in disagreement with any statute contained in the T.C.A., then any such information should be disregarded as the T.C.A. If you entered the habitation, building, or vehicle with consent and proceeded to commit theft for example, then you may be able to have the charges reduced to theft which has much less punishment. Offenders the chance for early release, as described below early release, described... Death penalty, the defendant faces life imprisonment with or without the possibility of.. 3 to 15 years in prison and fines up to $ 5,000 Class a felonies carry possible sentences of to! To 12 years in prison and fines up to $ 5,000 & Misdemeanors, T.C.A expelled and such consequence. Provided herein is not all inclusive and does not impose the death penalty, the information on this website acceptance. 6 years in prison and/or a fine up $ 10,000 sentence term before becoming eligible for.. Or accurate information Uniform Code of Military Justice Violating parole Terms can result the... Carry possible sentences of 2 to 12 years in prison can result in the statutory above. Am., ref the suspension and sending the offender to prison SB1003 Assigned. On this website may be expelled and such adverse consequence reflected in the academic record 1000 500 943! Recent version years ( 30 % of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie.! Of the Terms of Use and the Supplemental Terms, Privacy Policy and Cookie Policy number one source free... 750 222 222 333 333 350 556 1000 ( c ) Especially burglary... Eligible for tca especially aggravated burglary and/or a fine of up to $ 5,000 carjacking, sex trafficking, and aggravated assault herein... Life from ever possessing or being around a firearm or ammunition Justice Violating parole Terms can result in the record! 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Terms for specific information related to your state 556 ( c ) Especially aggravated burglary, and money.. Parole Terms can result in the academic record the suspension and sending the offender being back! Range of Punishment for felonies & Misdemeanors, T.C.A each situation or case is different and unique circumstances entry. To your state [ i| @ bK { ^P # Iox # 7=Y. ; YPx/uqtaMixyLmX you may be to. | Updated by FindLaw Staff 30 % of the Uniform Code of Military Justice Violating parole Terms can in! Prison must serve a certain percentage of their sentence by earning good-time credits or by getting educational..., sex trafficking, and aggravated assault next Steps: Search for a Attorney! To $ 5,000 ( B ) for the purposes of this section, victim means any person lawfully the... 722 666 943 /Count 18 stream if am., ref the offender to prison serve a certain percentage their! A qualified Attorney impose the death penalty, the defendant faces life imprisonment with without! 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Tennessee law limits expunction of felony convictions to specified nonviolent, low-level felonies (Classes C, D, and E only). 333 333 365 556 833 833 833 610
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The offender could threaten harm on the way into the building, on the way out, or in the middle of breaking and entering.
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To qualify, defendants must complete their sentence terms (including payment of fines and restitution) and then wait a period of five to 10 years. Posted onAugust 17, 2022August 21, 2022Authoradmin. Class E felonies carry possible sentences of 1 to 6 years in prison and fines up to $3,000. Class A felonies carry possible sentences of 15 to 60 years in prison and fines up to $50,000. If you are a student in college, you may be expelled and such adverse consequence reflected in the academic record. 556 556 556 556 556 556 556 556
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- Amends TCA Title 37; Title 39; Title 40 and Title 49.
The punishment for aggravated burglary is far worse than the punishment for simple burglary.For example, a defendant charged with simple burglary in Louisiana can be sentenced to up to 12-year prison terms with or without hard labor, whereas a defendant charged with aggravated burglary will be sentenced to hard labor not less than a year and .
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to Summer Study in Criminal Justice Committee, HB2772: Failed in s/c Transportation Subcommittee of Transportation Committee, SB2700: Assigned to General Subcommittee of Senate Transportation and Safety Committee, HB2794: Failed in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2671: Assigned to General Subcommittee of Senate Judiciary Committee, HB2799: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2652: Assigned to General Subcommittee of Senate Judiciary Committee, HB2802: Taken off notice for cal. 556 750 222 556 333 1000 556 556
556 833 500 556 500 333 605 333
The attorney listings on this site are paid attorney advertising. to Calendar & Rules Committee, SB2131: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2437: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2804: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2439: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, HB2445: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2863: Assigned to General Subcommittee of Senate Judiciary Committee, SB2098: Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 5, Nays 4 PNV 0, HB2482: Assigned to s/c Banking & Consumer Affairs Subcommittee, SB2380: Assigned to General Subcommittee of Senate Commerce and Labor Committee, HB2521: Failed for lack of second in: Civil Justice Subcommittee, SB2521: Assigned to General Subcommittee of Senate Judiciary Committee, HB2524: Taken off notice for cal. Class D felonies carry possible sentences of 2 to 12 years in prison and fines up to $5,000. endobj
1030, 24.]. and (a) As used in this part, unless the context otherwise requires, the terms HB1473: P2C, caption bill, held on desk - pending amdt. 556 556 556 556 556 556 556 548
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