TITLE 19

CRIMINAL PROCEDURE

CHAPTER 25

JUDGMENT

19-2520B.  Infliction of great bodily injury — Attempted felony or conspiracy — Extension of prison term. (1) Any person who inflicts great bodily injury, and the injury was either intended or the act causing the injury was done with a reckless disregard for the safety of another person, on any person, other than an accomplice, in the commission or attempted commission of a felony or conspiracy to commit such a felony shall be sentenced to an extended term sentence. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by twenty (20) years. A term of imprisonment shall be extended as provided in this section unless infliction of great bodily injury is an element of the offense of which he is found guilty.      (2)  As used in this section, "great bodily injury" means a significant or substantial physical injury.

(3)  The extended term of imprisonment required by this section shall apply to any aider or abettor; a person who acts in concert with, or a person who conspires with, the perpetrator of the crime.

(4)  The additional terms provided in this section shall not be imposed unless the fact of great bodily injury is separately charged in the accusatory pleading and admitted by the accused or found to be true by the trier of fact after a verdict or finding of guilty on the substantive crime.

History:

[19-2520B, added 1981, ch. 150, sec. 1, p. 260; am. 1983, ch. 183, sec. 3, p. 498; am. 1986, ch. 319, sec. 3, p. 785.]