Amendment ID: S2029-3-R2

2nd Redraft Amendment 3

Habitual Offenders

Mr. Tarr, Ms. Flanagan and Mr. Moore move to amend the bill in section 5, by inserting after the figure “$25,000”, in line 51, the following words:-  “for a first offense, a second offense shall be punished by a fine of not less than $25,000 nor more than $45,000 and a third offense, and each subsequent offense, shall be punished by a fine of not less than $45,000 nor more than $65,000”; and

in said section 5, by inserting after the word “imprisonment”, in line 55, the following words:-  “for a first offense; a second offense shall be punished by a fine of not less than $30,000 nor more than $55,000, or by imprisonment in the state prison for not more than 10 years, or by both such fine and imprisonment; and a third offense and each subsequent offense shall be punished by a fine of not less than $55,000 nor more than $80,000, or by imprisonment in the state prison for not more than 20 years, or by both such fine and imprisonment”; and

in said section 5, by striking out, in line 60, the words “for each violation”; and

in said section 5, by inserting after the word “imprisonment”, in line 61, the following words:-  “for a first offense; a second offense shall be punished by a fine of not less than $10,000 or by imprisonment in the state prison for not more 5 years, or by both such fine and imprisonment; and a third offense and each subsequent offense shall be punished by a fine of not less than $20,000 or by imprisonment in the state prison for not more than 20 years, or by both such fine and imprisonment”; and

in said section 5, by striking out, in line 62 and 63, the words “punished for each violation” and inserting in place thereof the following words:- “be punished”; and

in said section 5, by inserting after the word “imprisonment”, in line 64, the following words:- “for a first offense; a second offense shall be punished by a fine of not less than $10,000 or by imprisonment in the state prison for not more 5 years, or by both such fine and imprisonment; and a third offense and each subsequent offense shall be punished by a fine of not less than $20,000 or by imprisonment in the state prison for not more than 20 years, or by both such fine and imprisonment”.

In section 7, by inserting after the figure “$25, 000,” in line 169 the following words: - “for a first offense, a second offense shall be punished by a fine of not less than $25,000 nor more than $45,000 and a third offense, and each subsequent offense, shall be punished by a fine of not less than $45,000 nor more than $65,000”; and

In said section 7, by inserting after the word “imprisonment,” in line 173 the following words:-“ “for a first offense; a second offense shall be punished by a fine of not less than $30,000 nor more than $55,000, or by imprisonment in the state prison for not more than 10 years, or by both such fine and imprisonment; and a third offense and each subsequent offense shall be punished by a fine of not less than $55,000 nor more than $80,000, or by imprisonment in the state prison for not more than 20 years, or by both such fine and imprisonment”; and

In said section 7, by inserting after the word “imprisonment” in line 180 the following words:-“for a first offense; a second offense shall be punished by a fine of not less than $40,000  nor more than $70,000, or by imprisonment in the state prison for not more than 10 years or by both such fine and imprisonment; and a third offense and each subsequent offense shall be punished by a fine of not less than $70,000 nor more than $100,000, or by imprisonment in the state prison for not more than 20 years or by both such fine and imprisonment”; and

In said section 7, by inserting after the number, “25,000” in line 183 the following words:- “for a first offense, a second offense shall be punished by imprisonment for not more than 40 years and  by a fine of not less than $50,000 and a third offense, and each subsequent offense, shall be punished by imprisonment for not more than 60 years and by a fine of not less than $75,000.”