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CRIME ERIC CARTER'S EFFORTS Ensuring the safety of our streets and playgrounds is a top priority for Eric Carter. He serves on the House Corrections and Juvenile Justice Committee, which hears all bills pertaining to crime, sentencing, corrections, and other public safety matters. In addition, he chaired the Attorney General's Task Force on Cyber Crime and Children, a group comprised of fellow elected officials, members of law enforcement, prosecuting attorneys, and experts on cyber crime. The function of the task force was to work in concert with the Attorney General's office and the Kansas Bureau of Investigation and develope proposed legislation and policies. Some of the work-product emanating from the task force include an appropriations request to fund "cyber cops" and forensics experts to aggressively pursue, apprehend, and prosecute online sex predators.
EDUCATE YOURSELF Because of their high rates of recidivism, the state of Kansas affords citizens the opportunity of learning when a registered sex offender lives in their neighborhood, but the burden is on the citizen to seek out this information. Search the Kansas Bureau of Investigation's Registered Sex Offender database by entering your zipcode and learn more about your local community. Learn to better protect your children by educating yourself ... and then educating your children on Internet safety. Go to Netsmartz.org to learn more!
SPECIFIC LEGISLATION · Drunk Driving. Vehicles may now be impounded for those convicted of a DUI, thereby enabling our courts to remove what are essentially deadly weapons from habitual drunk-drivers. I whole-heartedly supported this common-sense legislation to keep our roads safe for our families. Additionally, vertical driver’s licenses will be issued to those who are under the age of 21 in order to reduce the number of fake ID’s. · Sex Offenders. I supported S.B. 64, which makes sex offenders who are required by law to register with the Kansas Bureau of Investigation (KBI) to also register with local law enforcement upon release from corrections institutions. The KBI had requested the clarification in order to address legal questions about specific aspects of the law’s application. · Drug Crimes. I opposed SB 123. Kansas ranks 37th in the nation in terms of the severity of our incarceration relative to the seriousness of the offense. Nonetheless, we have a shortage of prison space. S.B. 123 sought to address this by diverting those convicted of drug offenses to a treatment program instead of prison, regardless of whether their most recent drug conviction occured while they were on parole for a serious violent crime or how many prior offenses they may have for other crimes. Essentially, S.B. 123 would decriminalize drugs in Kansas. Thus, S.B. 123 is an example of politics driving bad policy under the guise of saving money. We need to either build more prisons or increase existing prison capacity, rather than make the terrible decision of letting criminals loose on our streets.
CASE STUDIES SUPPORTING THE NEED FOR TOUGHER LEGISLATION In 2003, District Judge Paula Martin was prevented from imposing a just sentence when she sentenced Jason A. Tremble, 21, of Topeka -- a repeat offender with prior felony convictions -- to a 40-month slap-on-the-wrist sentence for the Oct. 5 shooting outside It's Brothers Bar & Grill, 1105 Massachusetts in Lawrence. A 10-year-old law caps the sentence a judge can impose on multiple counts. Tremble was convicted of 11 counts of aggravated battery, plus being a felon in possession of a firearm and leaving the scene of an accident. Tremble has prior convictions for obstruction, possession of opiates or narcotics, aggravated assault and aggravated battery, and was on probation for drugs when he fired the gunshots that hurt bystanders. For the slaying of Quincy Sanders of Lawrence by shooting him 18 times, Tremain Scott, 22, got the maximum sentence in 2003 from Judge Paula Martin for his plea of guilty to voluntary manslaughter – 61 months in prison. Once again, the Kansas sentencing grid will soon allow a violent killer, guilty of a gun crime, to go free after serving a light sentence. We must put a stop to these too-soft maximum sentences for violent gun crimes in our 10-year-old sentencing grid, which is failing to adequately protect us from violent felons. People in other states have been sentenced to 5 years for killing a dog.
Tue, Dec. 23, 2003 -- Woman gets probation for role in club slayings -- A Wichita woman who admitted that she helped a man charged with killing three people in a southeast Wichita club was granted probation Monday. After her sentencing, Christy Cousins, 19, was released from the Sedgwick County Jail, where she had been held on $100,000 bond since her arrest in September. Because she had no prior record, District Judge William Wooley was bound by state sentencing guidelines to place Cousins on probation. Wooley ordered her to have no contact with the victims' relatives or with a half-dozen other people who have been charged in the case with aiding a felon. The man charged with the killings, Arturo Garcia, is scheduled to stand trial in February on three counts of first-degree murder. Wichita police said Garcia shot and killed Oscar Ramirez, Nicolas Ramirez and Clint Jones, then dumped their dismembered bodies in a Cowley County field. Court papers show that Cousins was one of several employees of Club Mexico, 2600 S. Oliver, who described walking in and out of the club while bodies lay inside. Cousins told detectives she went to work one day and saw the bodies of two men inside the club. She said she walked to the other side of the club and watched a movie while the bodies were taken to the basement and dismembered by Garcia. She also told police she went to a Wichita Wal-Mart with Garcia to buy some knives that Garcia used in the process. Senator defends sentencing rules – Journal-World – Friday, December 26, 2003 – A key state lawmaker defended Kansas' sentencing guidelines this week after victims, prosecutors and a judge complained that the guidelines limited punishment for defendants in two recent Lawrence shootings. Sen. John Vratil, the Leawood Republican who is chairman of the Senate Judiciary Committee, said prosecutors -- not the sentencing guidelines -- were to blame if there were injustices in the sentences handed down to gunmen Tremain V. Scott and Jason A. Tremble. "I think the guidelines work pretty well," Vratil said. Scott, 22, Overland Park, received a five-year sentence Monday for the shooting death of Quincy M. Sanders of Lawrence, who, according to an autopsy, died with 18 gunshot wounds. The sentence was short in part because Scott has no criminal history and in part because prosecutors allowed him to plead down from second-degree murder to voluntary manslaughter. "That's not a criticism of the sentencing guidelines," Vratil said. "That's a criticism of your prosecutorial discretion and plea bargaining." Dist. Atty. Christine Kenney responded by questioning why, under the law, a level 2 felony carries double the penalty of a slightly less severe level 3 felony. Scott was initially charged with a level 2 felony, but his sentence was cut in half when he pleaded to a level 3 amid concerns that he would be able to argue self-defense at trial. Douglas County District Judge Paula Martin said at Scott's sentencing it was "incomprehensible" to her that someone could kill another person and face a maximum of five years. Before 1993, when the sentencing guidelines took effect, a judge could sentence defendants to a broad range of years, and the release date would be determined by the parole process. Despite Vratil's criticism of prosecutors, there was no plea bargaining in the case of Tremble, 21, Topeka, a repeat offender and convicted felon who injured 11 people during an Oct. 5 shooting outside a downtown bar. He was charged with 11 counts of aggravated battery and two other offenses, and he pleaded guilty as charged. At sentencing, Martin said she wanted to string the sentences for all of Tremble's offenses back to back-- which would have put him in prison for about 10 years. But because of a law that caps sentences in cases with multiple charges, Martin could sentence him to only 40 months, or slightly more than 3 years. Kenney said the cap on multiple-charge punishments is unfair and that the law needs to change in order to give judges more discretion. "I don't think there's a legitimate reason for restricting the number of counts that a judge can run consecutive," she said. Vratil disagrees. "What if you had the same guy who, instead of injuring 11 people, injured 30 people, and you didn't have the cap?" he asked. "Nobody would think that's reasonable" to sentence him for all 30 counts back-to-back, he said. The guidelines -- based on a grid that combines a defendant's criminal-history score with the crime's severity level -- were adopted to create consistency in sentencing statewide. Critics say the guidelines are inflexible and strip judges of their discretion.
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