This bill allows courts to sentence a person convicted of attempted first degree murder to imprisonment for life without possibility of parole, if the offense is committed against certain persons.
PRESENT LAW
Under present law, the attempt to commit a criminal offense is generally punished at one classification lower than the most serious crime attempted. For example, if the offense is a Class A felony, the attempt to commit the offense is a Class B felony. Present law describes "criminal attempt" as a person, acting with the kind of culpability otherwise required for the offense:
(1) Intentionally engaging in action or causing a result that would constitute an offense, if the circumstances surrounding the conduct were as the person believes them to be;
(2) Acting with intent to cause a result that is an element of the offense, and believing the conduct will cause the result without further conduct on the person's part; or
(3) Acting with intent to complete a course of action or cause a result that would constitute the offense, under the circumstances surrounding the conduct as the person believes them to be, and the conduct constitutes a substantial step toward the commission of the offense.
Conduct does not constitute a substantial step under item (3), unless the person's entire course of action is corroborative of the intent to commit the offense. It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
Under present law, the commission of first degree murder is punishment by death, imprisonment for life without possibility of parole, or imprisonment for life.
THIS BILL
This bill provides that, notwithstanding the present law provision for punishing criminal attempt at a lesser penalty than the offense attempted, a person convicted of attempted first degree murder may be sentenced to imprisonment for life without possibility of parole if the court finds the defendant committed the offense against any of the following persons who were engaged in the performance of their official duties, and the defendant knew or reasonably should have known that the victim was such a person: law enforcement officer, correctional officer, department of correction employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter. There will be no release eligibility for such a defendant under this bill.
ON MARCH 25, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 511, AS AMENDED.
AMENDMENT #1 clarifies that this bill applies to the persons listed above who were engaged in the performance of official duties.

Statutes affected:
Current Version: 39-13-202, 40-35-501