Habitual Violent Offender Incarceration Act Exposed

The Habitual Violent Offender Incarceration Act does not include adoption or approval information, however, it was included in ALEC's 1995 Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This Act would require mandatory life prison sentence without release, except by executive clemency, for the third conviction for a violent or serious felony including murder, manslaughter, sexual assault, armed robbery, aggravated assault, arson, child abuse or molestation, kidnapping or any other felony offense involving the use of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Title.}

This Act may be cited as the Habitual Violent Offender Incarceration Act.

Section 2. {Definitions.}

As used in this Act:

(A) "Habitual violent offender" means a person who:

(1) is convicted in this state of any violent offense; and

(2) who, prior to the instant conviction, has twice previously been convicted, whether in this state or elsewhere, of committing felony offenses which under the laws of this state would be considered violent offenses.

(B) "Violent offense" means a violent or serious felony, including:

(1) murder;

(2) manslaughter;

(3) sexual assault;

(4) armed robbery;

(5) aggravated assault;

(6) arson;

(7) child abuse or molestation;

(8) kidnapping; or

(9) any other felony offense involving the actual or threatened use of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury upon a victim.

Section 3. {Mandatory sentence for habitual violent offenders of most violent offenses.}

(A) Notwithstanding any other provision of law, habitual violent offenders shall be sentenced to life imprisonment without possibility of parole or any other form of release from actual confinement.

Section 4. {Severability clause.}

If any part of this Act or its application to any person or circumstances is held to be invalid for any reason, then the remaining parts or applications to any other persons or circumstances shall not be affected but shall remain in full force and effect.

Section 5. {Repealer clause.}

Section 6. {Effective date.}

ALEC's Sourcebook of American State Legislation 1995