Habitually fraudulent felons: Definition; punishment.
1. A person who:
(a) Has been convicted in this State of any felony committed on or after July 1, 1995, of which fraud or intent to defraud is an element; and
(b) Has previously been two times convicted, whether in this State or elsewhere, of any felony of which fraud or intent to defraud is an element before the commission of the felony under paragraph (a) of this subsection,
Ê is a habitually fraudulent felon and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, if the victim of each offense was an older person or a mentally disabled person.
2. The prosecuting attorney shall include a count under this section in any information or shall file a notice of habitually fraudulent felon if an indictment is found, if the prior convictions and the alleged offense committed by the accused are felonies of which fraud or intent to defraud is an element and the victim of each offense was:
(a) An older person; or
(b) A mentally disabled person.
3. The trial judge may not dismiss a count under this section that is included in an indictment or information.
4. As used in this section:
(a) “Mentally disabled person” means a person who has a mental impairment which is medically documented and substantially limits one or more of the person’s major life activities. The term includes, but is not limited to, a person who:
(1) Is mentally retarded;
(2) Suffers from a severe mental or emotional illness;
(3) Has a severe learning disability; or
(4) Is experiencing a serious emotional crisis in his life as a result of the fact that he or a member of his immediate family has a catastrophic illness.
(b) “Older person” means a person who is:
(1) Sixty-five years of age or older if the crime was committed before October 1, 2003.
(2) Sixty years of age or older if the crime was committed on or after October 1, 2003.
Last modified: February 25, 2006