Bill Synopsis:

SB 422 is the result of work by a Judicial Council study committee. This bill would provide the option of life in prison without parole (LWOP) for persons convicted of capital murder. At present the maximum sentencing option is the Hard 50--fifty years in prison before consideration for parole.

Amnesty International Position:

Amnesty International has no position on the issue of life in prison without parole for adults as we know a variety of opinion exists among our members. Thus we pass this information along so that you know where this bill stands and may act if you wish to do so based on your personal opinion.

Status Update:

This bill is scheduled to have final action in House Corrections and Juvenile Justice on Tuesday March 16. If it passes there, then the bill will go to the full House. If your Representative is on the following list, NOW is the time to contact him/her before it gets voted on in Committee: Loyd, Chairperson; Owens, Vice-Chairperson; Carter, Goering, Gordon, Horst, Huntington, Kassebaum, O¹Malley, Swenson, Yoder.
Ward, Ranking Minority Member; Carlin, Crow, Dillmore, Faust-Goudeau, Pauls. Otherwise, contact your Rep. as soon as possible this week as it is unclear when exactly the full House would take up this bill once it moves out of the committee.

Background

In testimony provided to the Senate Judiciary Committee, it was noted that in other jurisdictions which have life without parole as an option, juries have been less likely to impose the death penalty. Judicial Council's committee noted that while there would still be the higher cost of a death penalty case going to trial, there would not be the related higher costs of death penalty appeals if LWOP was given.

When the Senate Judiciary Committee worked this bill, they deleted a section that would have included juveniles who were adjudicated as adults to be covered by life in prison without parole if convicted of capital murder. This bill was then sent to the full Senate who passed it by a 38-2 margin. Senators Journey and Haley were the no votes.

You can reach your Representative via one of the following methods:

Postal mail: State Capitol, Topeka, KS 66612

Email addresses available for House: http://www.kslegislature.org/houseroster/index.html

To reach your Rep's office: 1-785-296-0111

To leave a message for them to call you back: 1-800-432-3924

This Update prepared by: Donna Schneweis CSJ, lobbyist for Amnesty International
dms2@mindspring.com

SB 422: Life in Prison without Parole, Bill Synopsis:

SB 422 is the result of work by a Judicial Council study committee. This bill would provide the option of life in prison without parole (LWOP) for persons convicted of capital murder. At present the maximum sentencing option is the Hard 50--fifty years in prison before consideration for parole.

Status Update:

Passed Senate on Wednesday, February 25. The vote was 38-2. No votes were by Senators Journey and Haley.

Passed House on Friday March 26. That vote was 121-3. Voting no were Reps. Freeborn, Carter and Schwab. Absent was Rep. O'Neal.

Given that the versions were different, the matter was sent to a conference committee.

Ultimately the Senate concurred, 39-1, with the House changes. The no vote was by Senator Haley.

On April 9 the bill has was enrolled and sent to Governor Sebelius for her consideration. She has signed this into law.

KCADP Position:

KCADP has no position on the issue of life in prison without parole for adults as we know a variety of opinion exists among our members. Thus we pass this information along so that you know where this bill stands and may act if you wish to do so based on your personal opinion.

KCADP Action Request:

During the House debate, an amendment was offered by Rep. Eric Carter to make the murder of any child under the age of 14 a capital murder. This would have expanded our death penalty law which current requires the cofactors of kidnapping and/or sexual assault in the murder of a single child under age 14 in order for that to be capital murder. This amendment would have been a significant change in our law, and it would have happened without the legislature having the full information on its impact. This amendment was defeated on a 58-58 tie.

We ask that you contact your Representative in response to her/his vote.

The following Representatives voted AGAINST expansion. If your Rep. is on this list, please let them know that you appreciate his/her vote. Kansas legislators need to hear from constituents who oppose the death penalty!
Aurand, Ballard, Ballou, Beggs, Bethell, Boyer, Burroughs, Carlin, Cox, Craft,
Crow, Decker, Dreher, Faust-Goudeau, Flaharty, Flora, Gilbert, Gordon, Henderson,
Henry, Hill, Horst, Huff, Huntington, Jack, D. Johnson, Kassebaum, Kauffman, Kirk, Kreh-biel,
Kuether, Larkin, Loganbill, Loyd, Minor, Jim Morrison, Neighbor, O¹Malley, Owens,
Phelps, Powell, Reardon, Rehorn, Reitz, Ruff, Sawyer, S. Sharp, Showalter, Shriver, Storm,
Svaty, Thimesch, Thull, Toelkes, Ward, Wilk, Winn, Yonally.

Action Needed: If your Representative was one of those who voted yes, he/she voted to expand our state's death penalty law. Please contact him or her and express your disappointment with that vote. Our legislators need to hear from constituents who don't support the death penalty!

Representatives voting in FAVOR of this expansion were: Brunk, Burgess, Campbell, Carter, Compton, Dahl, Davis, Dillmore, Edmonds, Faber, Feuerborn, Freeborn, Gatewood, Goering, Goico, Grant, Hayzlett, Holland, Holmes, Howell, Huebert, Humerickhouse, Hutchins, Huy, E. Johnson, Landwehr, Lane, Long-Mast, Mason, Mays, McCreary, McKinney, McLeland, Merrick, F. Miller, J. Miller, Judy Morrison, Myers, Neufeld, Newton, Novascone, Osborne, Ostmeyer, Patterson, Pauls, Powers, Schwab, Schwartz, Scoggins-Waite, Shultz, Siegfreid, Sloan, Swenson, Tafanelli, Vickrey, D. Williams, J. Williams, Yoder.

You can reach your Representative via one of the following methods:

Postal mail: State Capitol, Topeka, KS 66612

Email addresses available for House: http://www.kslegislature.org/houseroster/index.html

To leave a message for them to call you back: 1-800-432-3924

This Update prepared by: Donna Schneweis CSJ, lobbyist for Amnesty International
dms2@mindspring.com