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Deconstructing HB 8
Mentally fit: The bulk of the bill is focused on what judges should do when a defendant’s competency has been raised.
HB8 demands an evaluation of the person and once incompetency is determined, there are choices for the judge to make, dependent on the seriousness of the crime with which the defendant is charged.
Guns: The bill makes carrying a device that turns a semi-automatic weapon into an automatic weapon a fourth-degree felony, and each device found is defined as one count. A fourth-degree felony is punishable by up to 18 months in prison and a $5,000 fine.
Car theft: The section of the bill addressing car theft just cleans up some language. It remains a fourth-degree felony for a first offense, becoming a second-degree felony for the third and subsequent offenses.
Bomb Threats
: HB8 broadens the definition of what a threat is and raises the penalty from a misdemeanor to a fourth-degree felony.
Fentanyl: The bill creates enhancements specifically for someone in possession of fentanyl. It begins with up to three years for possession of 100 to 500 pills, five years for more than 500 pills and five years for trafficking.
Drug testing: HB8 outlines who may perform a blood draw for someone suspected of being under the influence of drugs and under what circumstances. It also cleans up language regarding what happens if a person suspected of a crime refuses to have their blood drawn.
—Robert Trapp
