ON APRIL 22, 2024, THE HOUSE SUBSTITUTED SENATE BILL 2044 FOR HOUSE BILL 2188, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2044, AS AMENDED.
AMENDMENT #1 adds to the bill a provision that removes the present law relating to sentencing a defendant who commits a nonviolent property offense, on or after July 1, 2010, as described below.
Present law generally prohibits the judge sentencing a defendant who commits a nonviolent property offense, on or after July 1, 2010, from imposing the sentencing alternatives of continuous confinement in a local jail or the department of correction. However, the judge may sentence the defendant to any of the other sentencing alternatives authorized by law, which include, but are not limited to, periodic confinement, work release, community corrections, probation, or judicial diversion.
As used in present law, a "nonviolent property offense" means (i) forgery, where the amount of the forgery is less than $1,000; (ii) attempted forgery, where the amount of the forgery is $1,000 or more, but less than $10,000; (iii) criminal simulation, where the amount is less than($1,000; (iv) attempted criminal simulation, where the amount is $1,000 or more, but less than $10,000; (v) facilitating criminal simulation, where the amount is $1,000 or more, but less than $10,000; (vi) theft of services, where the amount of the theft is less than $1,000; (vii) shoplifting, where the amount taken is less than $1,000; (viii) fraudulent use of a credit card, where the amount of the theft is less than $1,000; (ix) passing worthless checks, where the amount of the check is less than $1,000; (x) passing forged checks, where the amount of the forgery is less than $1,000; (xi) theft of property, where the amount of the theft is less than $1,000; (xii) attempted theft of property, where the amount of the attempted theft is $1,000 or more, but less than $10,000; (xiii) facilitating the theft of property, where the amount of the property is $1,000 or more, but less than $10,000; (xiv) conspiracy to commit theft of property, where the amount of the property is $1,000 or more, but less than $10,000; (xv) vandalism, where the amount of the vandalism is less than $1,000; (xvi) fraudulent transfer of a motor vehicle; (xvii) attempted burglary other than a habitation; (xviii) burglary of an automobile; and (xix) burning personal property.
Present law provides that a defendant convicted of an offense set out above may be sentenced to any of the sentencing alternatives authorized, including a period of continuous confinement, if the sentencing judge determines the defendant (i) has at least one prior conviction at the time the offense is committed; or (ii) violated the terms and conditions of the alternative sentence originally imposed upon the defendant.
This amendment deletes all of the above.

Statutes affected:
Introduced: 40-35-501, 40-35-501(k)(6)(B), 40-35-501(v), 40-35-501(w), 40-35-501(y)(1), 40-35-501(z), 41-21-236(a)(2)(A)(i), 41-21-236, 41-21-236(b), 41-21-236(j)