The state House passed a bill that would establish mandatory minimum sentencing for offenses involving firearms, drug sales to minors, impersonating law enforcement, failure of sex offenders to register and offenses committed against infants and the elderly, a well as on public transportation.
According to HB 741, the use of a mandatory minimum penalty would “constitute an element enhancing the underlying offense” that would have to be proven beyond a reasonable doubt at the trial for the underlying offense and submitted to a “fact-finder” for deliberation along with the original charge. If the fact-finder finds the defendant guilty on the original charge, they would then decide if the mandatory minimum penalty is appropriate.
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