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Minutes for HB2657 - Committee on Corrections and Juvenile Justice
Short Title
Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.
Minutes Content for Tue, Feb 15, 2022
Chairperson Owens opened the hearing on HB2657. Natalie Scott provided an overview of the bill. (Attachment 1) There were no questions for Ms. Scott.
Derek Schmidt testified in support of the bill saying the intent is to focus intently on a particular group of offenders who are a persistent threat to public safety in our communities - convicted felons who already have been given a second chance and who nonetheless arm themselves illegally with firearms and proceed to commit new, violent felonies. Attorney General Schmidt stated that when he has visited with law enforcement and prosecutors about addressing this violence, they have told him that one of the preliminary drivers of the high levels of violent crime rates is that felons - who are prohibited from lawfully possessing firearms - are often re-offending and committing new, violent crimes using the very weapons they are prohibited from possessing. (Attachment 2) Attorney General Schmidt stood for questions.
Mike Kagay testified in support of the bill. He stated that violent crime continues to rise across our State. While the underlying factors that drive this trend are myriad and the subject of debate, there is no disagreement as to how the crimes are being carried out. The overwhelming majority of this violent crime is being carried out by convicted felons and is facilitated by the use of firearms they are already prohibited from possessing by law. Although current law already prohibits these felons from possessing firearms, it does not serve as an effective deterrent. Mr. Kagay stated this bill provides some teeth to the existing law, by allowing the Court to impose a prison sentence on these repeat felons, when they have committed a new violent crime with a prohibited firearm. (Attachment 3) Mr. Kagay stood for questions.
Tony Moe and Jamie Miller testified in support of the bill as representatives of the Kansas Gang Investigators Association and the Kansas City Kansas Police Department. They said this bill fixes a gap that exists with the current sentencing guidelines. It is common knowledge with street gangs that possessing a firearm following a conviction only results in a slap on the hand - additional probation. This bill changes current sentencing guidelines to make prison time a required sentence for any felon who violates the terms of probation by illegally possessing a firearm. (Attachment 4) Mr. Moe and Mr. Miller stood for questions.
Written only testimony in support of the bill was submitted by:
- Greg Smith, Special Deputy Sheriff for Government Affairs, Johnson County Sheriff’s Office (Attachment 5)
- Ed Klumpp, Kansas Sheriffs Association, Kansas Association of Chiefs of Police, and Kansas Peace Officers Association (Attachment 6)
- Bryan Wheeles, Chief of Police, City of Topeka (Attachment 7)
- Jeralyn Wheeles, Kansas State Lodge Fraternal Order of Police (Attachment 8)
- Brian Hill, Sheriff, Shawnee County Sheriff’s Office (Attachment 9)
- Stephen Howe, District Attorney for Johnson County (Attachment 10)
- Paul Duff, Interim Deputy Chief, Wichita Police Department (Attachment 11)
There was no neutral testimony.
Clayton Perkins testified as an opponent to the bill stating his opposition was not of the broad policy goals behind the bill, but he was concerned with some of the technical aspects of how this applies and the broad extent to which it applies. This bill would make a sentence for being a felon in possession of a firearm mandatorily consecutive and also presumptive imprisonment rather than presumptive probation when convicted of a violent felony as defined under the law. (Attachment 12) There were no questions for Mr. Perkins.
Nick Reinecker testified in opposition to the bill. (Attachment 13) There were no questions for Mr. Reinecker.
Chairperson Owens closed the hearing on HB2657.
