Sub. S.B. 260

126th General Assembly

(H. Criminal Justice)

Removes the bill's increased penalties for forcible rape so that the bill's penalty changes for rape only apply to rape of a child under the age of 13.

Generally, requires an indefinite sentence of 10 to life under most of the terms of the Sexually Violent Predator Sentencing Law if the victim of rape is under 13.

Requires an indefinite sentence of 15 to life under most of the terms of the Sexually Violent Predator Sentencing Law or life without parole under the rape statute if the victim of rape is under 10.

Requires an indefinite term of 5 to 25 years under most of the terms of the Sexually Violent Predator Sentencing Law for attempted rape of a child under 13.

Requires an indefinite term of 10 years to life under most of the terms of the Sexually Violent Predator Sentencing Law for attempted rape of a child if the child was under 10 or the offender used force.

Includes a statement of the General's Assembly intent that the offense of rape of a child under 13, as amended by the bill, prevails over the offense of sexual battery of a child under 13.

If the victim is not a family or household member of the offender, removes the ability of a victim of a sexually oriented offense to obtain a protection order under the Domestic Violence Laws and instead allows such a victim to obtain a protection order pursuant to the same statutory mechanism as a victim of stalking may obtain a protection order.

Creates the Adam Walsh study committee to make recommendations to the General Assembly regarding the legislative changes that are needed to comply with the federal Sex Offender Registration and Notification Law.

Allows a court to modify or terminate a domestic violence civil protection order after consideration of specified factors.

S0260-126.doc/ejs 12/18/06