Bill C-16: An Act to amend the Criminal Code

C-16 Third Session, Fortieth Parliament, 59 Elizabeth II, 2010 HOUSE OF COMMONS OF CANADA BILL C-16 An Act to amend the Criminal Code first reading, April 22, 2010 MINISTER OF JUSTICE 90518 SUMMARY This enactment amends the Criminal Code to eliminate the reference, in section 742.1, to serious personal injury offences and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 3rd Session, 40th Parliament, 59 Elizabeth II, 2010 house of commons of canada BILL C-16 An Act to amend the Criminal Code Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: ALTERNATIVE TITLE Alternative title 1. This Act may be cited as the Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act. R.S., c. C-46 CRIMINAL CODE 2007, c. 12, s. 1 2. Section 742.1 of the Criminal Code is replaced by the following: Imposing of conditional sentence 742.1 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if (a) the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2; (b) the offence is not an offence punishable by a minimum term of imprisonment; (c) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 14 years or life; (d) the offence is not a terrorism offence, or a criminal organization offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years or more; (e) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years, that (i) resulted in bodily harm, (ii) involved the import, export, trafficking or production of drugs, or (iii) involved the use of a weapon; and (f) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions: (i) section 144 (prison breach), (ii) section 172.1 (luring a child), (iii) section 264 (criminal harassment), (iv) section 271 (sexual assault), (v) section 279 (kidnapping), (vi) section 279.02 (trafficking in persons — material benefit), (vii) section 283 (abduction), (viii) paragraph 334(a) (theft over $5000), (ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house), (x) section 349 (being unlawfully in a dwelling-house), and (xi) section 435 (arson for fraudulent purpose). COMING INTO FORCE Order in council 3. This Act comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada Explanatory Notes Criminal Code Clause 2: Existing text of section 742.1: 742.1 If a person is convicted of an offence, other than a serious personal injury offence as defined in section 752, a terrorism offence or a criminal organization offence prosecuted by way of indictment for which the maximum term of imprisonment is ten years or more or an offence punishable by a minimum term of imprisonment, and the court imposes a sentence of imprisonment of less than two years and is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the offender’s compliance with the conditions imposed under section 742.3.