Punishments May be Increased for Crimes Against Disabled Victims in Indiana

Lanane proposes allowing a victim's disability to be considered an aggravator in sentencing

INDIANAPOLIS, IN – The Senate Committee on Corrections, Criminal and Civil Matters unanimously approved a bill today that would add a victim's disability to the list of potential aggravating circumstances that courts may consider in determining criminal sentences. State Senator Tim Lanane (D-Anderson) filed Senate Bill 171 in response to the murder of 36-year-old Carrie Anne Kendall, a paraplegic, last year in Noblesville.

"The murder of Carrie Anne Kendall was particularly heinous and brought to my attention that a victim's inability to defend herself is only considered by the court in some circumstances," Lanane said. "Ms. Kendall's family contacted me after they had been told by the prosecutor that her disability did not meet the definition as an aggravator. I was surprised by that and felt that it needed to be addressed in state law."

Current Indiana law permits a court to consider if a victim is "mentally or physically infirmed" in sentencing. However, that phrase is not defined in code and subject to interpretation by each court. Aggravating circumstances can result in longer prison sentences and increased fines for certain criminal convictions.

"If a crime involves attacking a victim who is unable to defend him or herself due to a disability, it should be a consideration by the jury or judge, just as the courts consider the same inability due to age or relationship with the perpetrator," Lanane said.

An Indianapolis man recently pled guilty to Kendall's murder in Hamilton County Superior Court and was sentenced to 65 years for the murder and two counts of theft.

For more information on Sen. Lanane, his legislative agenda or other State Senate business call 1-800-382-9467 or visit www.senatedemocrats.IN.gov.

Source: Senate Democrats Press Release

Technorati Tags: News State Carrie Anne Kendall Crime / Police Government Indiana Politics Indiana Senate Indianapolis Marion County Tim Lanane

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