Law Enforcement Proposals for the 2008 Legislature

• Aggravated Luring a Minor: Makes it a felony to knowingly send minors images deemed “harmful to minors” for the purpose of engaging in communication used to offer or solicit sexual conduct with a minor.
• Clearing the name of an identity theft victim: Allows ID theft victims to clear their names through the court if another person has been arrested, cited, charged, indicted or convicted under the victim’s name. ID theft victims also may clear their names if another person is named as a party to a civil action under the victim’s name or if the victim’s name has been mistakenly associated with a civil judgment.
• Dangerous Crimes Against Incapacitated or Vulnerable Adults: Makes a person convicted of a dangerous crime against an incapacitated or vulnerable adult ineligible for a suspended sentence, probation, pardon or release from confinement until the sentence imposed by the court is served or commuted.
• Reverse Mortgage Disclosure: Establishes additional standards for all reverse home mortgages and requires the lender to make certain disclosures to reverse mortgage applicants, such as interest rates and fees. Prepayment penalties also are prohibited under this proposed law.

• Criminal Appeal Rights: Requires a felon who flees between conviction and sentencing to appeal within 90 days after conviction, as other felons are currently required to do.
• Dangerous and Repetitive Offenders: Provides that a felon who fails to report to prison and commits another felony cannot claim that time spent in “escape” status counts towards the amount of time the felon has been “felony-free” since the last offense, ensuring that when appropriate, the felon is treated as a dangerous and repetitive offender.
• Criminal Street Gang Member Arrests: Permits a peace officer to arrest a person with or without a warrant, if the officer has probable cause to believe the person committed street gang activity. This legislation also requires that an arrest be made if the act involved violence or a weapon.
• Pseudoephedrine Regulation: Mirrors the Federal Combat Methamphetamine Epidemic Act of 2005, requiring pseudoephedrine to be sold under specified conditions. Those conditions include requiring the purchaser to show identification and the seller to keep a log of sales. Like other drug legislation that has a federal counterpart, this measure creates a state standard for pseudoephedrine sales, which allows state and local law enforcement to enforce its provisions.

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