Heading back to Topeka for Special Legislative Session on Sept. 3rd

TOPEKA—House leaders on Friday agreed to a special session of the legislature per Governor Sam Brownback’s request in order to address a recent U.S. Supreme Court ruling dealing with mandatory minimum prison sentences.
The special session will begin 8 a.m. Tuesday, Sept. 3.

The Court found in Alleyne v. United Statesthat the Sixth Amendment requires any facts of a crime that could increase the mandatory minimum sentence to be put before the jury, rather than brought up for the first time by the sentencing judge. The ruling, which was issued on June 17, could have an impact on Kansas minimum sentencing requirements, effectively leading to reduced penalties for dangerous criminals.
"The ruling could have dangerous and unintended implications in Kansas,” said House Speaker Ray Merrick (R-Stilwell)."The goal is not to make a broad change to the law, but to fix the technical aspects that could allow criminals to walk free after reduced sentences. Our intention is to limit the time and scope of the special session to this single issue.”
The special session will cost approximately $40,000 per day. Only essential staff will be utilized in an effort to restrain costs.
"The price is relatively small compared with the need to ensure that our citizens are not affected by a loophole created by the recent ruling,” said Speaker Pro Tem Peggy Mast (R-Emporia).
Since its inception in 1999, cases resulting in the use of the"The Hard 50” law have been upheld by the Kansas Supreme Court. The U.S. Supreme Court in this instance overturned prior precedent, resulting in the need to adjust Kansas law.
"This recent U. S. Supreme Court decision undercuts the state’s"Hard 50” law and opens the possibility of violent criminals being released on the streets,” said House Majority Leader Jene Vickrey (R-Louisburg)."The Legislature must act to close this loophole and ensure prosecutors have the tools necessary to keep our communities safe.”"This is not a partisan issue,” Speaker Merrick said."The goal is to reaffirm the ability of the judicial branch to impose mandatory sentences on violent and dangerous offenders.”
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