REVISED

FACT SHEET FOR S.B. 1346

sentence review; domestic violence

Purpose

Allows certain inmates convicted of preparatory and homicide offenses before September 30, 1992 to petition the Board of Executive Clemency (the board) for a sentence review if past acts of domestic violence were committed against the inmate.

Background

Laws 1992, Chapter 124 allowed a defendant raising a justification defense to present evidence of past domestic violence in order to demonstrate the defendant’s state of mind at the time of the crime. The justification defenses to which the 1992 law applies are self-defense, use of deadly physical force and defense of a third person. The law became effective September 30, 1992.

Laws 1996, Chapter 234 mandated a review of cases by the board for defendants convicted before September 30, 1992 that had committed homicide (includes murder, manslaughter or negligent homicide) because past acts of domestic violence were committed against the defendant. Laws 1996, Chapter 234 specified that an applicant convicted of homicide must suffer from battered person’s syndrome and meet certain criteria to successfully petition the board for sentence review. This review expired June 30, 1997. Laws 1997, Chapter 212 reinstated that certain inmates convicted of homicide offenses before September 30, 1992 be allowed to petition the board for a sentence review if past acts of domestic violence were committed against the inmate. Laws 1997, Chapter 212 also removed the jury instruction criteria from the requirements needed to petition for a sentence review of domestic violence related to homicide, and made the board’s sentence review expire June 30, 1998. S.B. 1345 is almost identical to Laws 1997, Chapter 212, except it expands those inmates who are allowed to petition the board for a sentence review related to domestic violence committed against the inmate to include inmates convicted of preparatory offenses related to domestic violence committed against the inmate. Preparatory offenses include attempted crimes, conspiracy, solicitation of a crime and facilitation of a crime.

The Governor has sole authority in granting clemency with the advice of the board. The Governor needs a favorable recommendation from the board in order to grant clemency, but is not obligated to grant clemency when the board recommends it. In 1997, the board received 26 applications for a review of sentence. The board held a hearing for six of those inmates, of which two received favorable recommendations. The Governor granted commutation to one of the inmates.

S.B. 1346 allows certain inmates convicted of preparatory and homicide offenses before September 30, 1992 to petition the board for a sentence review if past acts of domestic violence were committed against the inmate.

There is no fiscal impact to the state general fund associated with this legislation; however, the board has indicated there may be minimal administrative costs to the board associated with this legislation.

Provisions

1. Allows a person convicted of a preparatory and homicide offense before September 30, 1992 to petition the board for a sentence review.

2. Requires the petition for review of sentence to specify that all of the following apply:

a. The inmate suffered from battered person’s syndrome as a result of domestic violence perpetrated by the victim.

b. There were at least three corroborated acts of domestic violence involving aggravated assault, assault, threatening or intimidation perpetrated by the victim against the inmate.

c. The offense was committed as a direct result of the corroborated acts of aggravated assault, assault or threatening or intimidation.

d. The victim was the only person to suffer serious physical injury or death.

3. Requires the Department of Corrections to notify inmates of the review process by December 31, 2000. Requires a petition for review of sentence to be submitted within 90 days after this notice.

4. Provides that if the board finds by clear and convincing evidence that the person meets all of the eligibility requirements and that the person will obey the law if released, the board may recommend a reduction of sentence to the Governor. Requires the board to hold a hearing for which the victim’s family, the prosecutor and the sentencing judge are given notice and the opportunity to be heard.

5. Requires the board to complete the sentence reviews by December 31, 2001.

6. Prohibits the inmate from appealing a decision made by the board relating to this act.

7. Contains a delayed repeal date of January 31, 2002.

Amendments Adopted by Committee

1. Specifies that inmates must be convicted both of a preparatory and homicide offense before September 30, 1992 in order to petition the board for a sentence review if past acts of domestic violence were committed against the inmate.

Senate Action

JUD 2/1/00 DPA 9-0-0-0

Prepared by Senate Staff