STATE HOUSE (Feb. 26, 2019) — A bill authored by State Sen. Jim Merritt (R-Indianapolis) that would help create stronger penalties for drug-trafficking crimes by closing a loophole in the current law today passed the Senate by a vote of 42 to 7.
Senate Bill 76 would require Level 2 drug traffickers with prior convictions to serve a minimum sentence.
Under current law, when a court is deciding whether to suspend part of a Level 2 felon’s sentence, they cannot reduce the sentence below the minimum sentence if the criminal has a prior felony conviction.
However, the court is free to suspend as much of the sentence as they determine necessary for a Level 2 drug-trafficking felony, even for offenders with prior convictions.
This loophole gives preferential sentencing treatment to drug traffickers by allowing their sentences to be suspended.
“SB 76 would hold drug traffickers accountable for their actions and end the preferential treatment they receive under our current law,” Merritt said. “Hoosiers’ safety should always be our priority. Families in our communities continue to be negatively impacted by drug trafficking, and we need to be aggressive in our approach, which this legislation would help accomplish.”
SB 76 will now move to the House of Representatives for consideration.
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For a high-resolution photo of Sen. Merritt, click here.
