February 11, 2000

Mr. President:

Your JUDICIARY COMMITTEE, to whom has been referred

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 1, line 12, after "A", strike the remainder of the line, strike lines 13 through 15 in their entirety, strike line 16 through "PRISON" and insert in lieu thereof "COURT SHALL INCREASE A HABITUAL OFFENDER'S SENTENCE".

2. On page 2, line 6, after the comma insert "but not".

3. On page 5, line 12, strike "described in Subsection H of this section".

4. On page 5, line 21, strike "of physical confinement".

5. On page 6, line 1, strike "of physical confinement".

6. On page 6, line 25, remove the brackets and line through "jail".

7. On page 7, line 1, strike "of physical confinement in jail".

8. On page 7, line 6, remove the brackets and line through "jail".

9. On page 7, line 7, strike "of physical confinement in jail".

10. On page 7, line 9, remove the brackets and line through ", screening program".

11. On page 7, lines 11 and 12, strike "of physical confinement".

12. On page 7, line 16, remove the brackets and line through "jail".

13. On page 7, line 17, strike "of physical confinement in jail".

14. On page 7, line 21, remove the brackets and line through "jail".

15. On page 7, line 22, strike "of physical confinement in jail".

16. On page 7, line 24, remove the brackets and line through "screening program or".

17. On page 8, line 1, strike "of physical confinement".

18. On page 8, line 20, after the comma insert "an alcohol or drug abuse screening program and".

19. On page 9, after line 25, insert the following:

"N. In addition to any other fine, fee or sentence that may be imposed pursuant to a fourth or subsequent conviction pursuant to this section, if an offender is found guilty of five or more offenses committed after July 1, 2000, a court shall increase the offender's sentences as follows:

(1) a fifth conviction shall be increased by one year, and the sentence imposed by this subsection shall not be suspended or deferred;

(2) a sixth conviction shall be increased by four years, and the sentence imposed by this subsection shall not be suspended or deferred; and

(3) a seventh or subsequent conviction shall be increased by eight years, and the sentence imposed by this section shall not be suspended or deferred.".

20. Reletter the succeeding subsection accordingly.

Respectfully submitted,

__________________________________

Michael S. Sanchez, Chairman

Adopted_______________________ Not Adopted_______________________

(Chief Clerk) (Chief Clerk)

Date ________________________

The roll call vote was 5 For 0 Against

Yes: 5

No: 0

Excused: Aragon, Davis, Lopez

Absent: None

S0301JU1 .132243.1

132560.4/a