(a) Any judge who must resentence an offender following the reversal of their sentence shall not impose a harsher sentence unless—

(1) a harsher sentence is required under the law;

(2) an appellate court ordered the imposition of a harsher sentence; or,

(3) additional sentencing factors have been introduced requiring the imposition of a harsher criminal sentence.

(b) Any judge who imposes a harsher sentence on an offender following such a reversal by an appellate court must make at least one of the above findings on the record and indicate their reasoning or basis for such an imposition.

Section History

Added: [Stat. 26-29, Kramerian Revised Criminal Code Act of 2026**)](https://ols.krameria.xyz/Stat-26-29-Kramerian-Revised-Criminal-Code-Act-of-2026-402b2321706548ffb2acd375eddb8ecd), § 513.03

Other Notes