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Minutes for HB2031 - 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 Wed, Jan 25, 2023
Chairperson Owens opened the hearing on HB2031. Natalie Scott reviewed the bill. (Attachment 1) Ms. Scott responded to questions from committee members.
Greg Smith, Special Deputy for Government Affairs, Johnson County Sheriff's office testified in support of the bill. This bill targets repeat offenders - the worst of the worst. These are people that should not have a firearm and they do have a firearm and they continue committing violent felonies. (Attachment 2) There were no questions for Mr. Smith.
Anthony Moe, President, The Kansas Gang Investigators Association testified in support of the bill. Mr. Moe requested support of this legislation because it fixes a gap with our current sentencing guidelines. He stated that sentencing felons to probation only instead of prison time is not the deterrent needed to restore the safe streets that our citizens of the communities in Kansas deserve. (Attachment 3) There were no questions for Mr. Moe.
Sheriff Jeff Easter, Sedgwick County Sheriff, Chair of the Kansas Sheriffs Association testified in support of the bill. Sheriff Easter said this bill would make the existing crime of criminal possession of a firearm by a felon a presumptive prison sentence, which must be served consecutively to any other sentence the offender receives, if the felon illegally possesses the firearm while committing a violent felony as defined in the bill. He said these offenders are the worst of our violent offenders and they are possessing a firearm they are no longer allowed to possess while committing yet another violent crime. (Attachment 4). Sheriff Easter responded to committee member questions.
Jamie Miller, Region 1 Representative, The Kansas Gang Investigators Association provided additional information to help answer a question that was asked.
Dustin Carlat, Kansas State Lodge Fraternal Order of Police testified in support of the bill. He said this bill would do away with presumptive probation sentences involving repeat offenders who are using firearms to commit crimes and it is his belief this would help reduce the number of violent crimes with the use of firearms by keeping repeat offenders off the streets. (Attachment 5) There were no questions for Mr. Carlat.
Travis Rakestraw, Captain, Wichita Police Department testified in support of the bill. Captain Rakestraw said many who are committing violent crimes within our city involving firearms are already prohibited from possessing a firearm due to past criminal convictions and he believes more should be done to hold these offenders accountable for their complete disregard for the law and the violence they expose citizens to. He shared a recent example that happened early last year. (Attachment 6) Captain Rakestraw responded to questions from committee members.
Written only testimony in support of the bill was submitted by Bryan Wheeles, Chief of Police, City of Topeka. (Attachment 7)
There was no neutral testimony.
Jennifer Roth testified on behalf of the State Board of Indigent Defense Services in opposition to the bill because it would replace judicial discretion with mandatory minimum sentences and because it lumps drug crimes into the definition of a "violent felony" triggering mandatory minimum sentences. (Attachment 8) Ms. Roth responded to questions from committee members.
Nick Reinecker, a private citizen testified in opposition to the bill because the definition of a violent felony in subsection (z) includes the possession of cannabis, the natural plant. (Attachment 9) Mr. Reinecker also provided an article for committee members to review to illustrate what another state is doing. (Attachment 10) Mr. Reinecker responded to questions from committee members.
Chairperson Owens closed the hearing on HB2031.
