BY: GRACE HILLS
Kansas Reflector
TOPEKA — Roberta Jackson was physically abused by a man who had an extensive history of hurting women in at least seven other states.
Jackson said offenders develop a “God complex” when they receive a “slap on the wrist” as a consequence of their violence. Jackson attends regular therapy and struggles with trauma.
“This trauma is not easily moved on from,” Jackson said. “I work three jobs just so I don’t have to think or feel or cry or scream because it is so hard. I have good days and bad days. I still have nerve damage on my scalp just above where I had my stitches.”
She testified Monday to the House Corrections and Juvenile Justice Committee on legislation that would strengthen penalties for repeat offenders of domestic violence.
“I, as a domestic violence survivor, plead to you to consider this bill,” Jackson said. “Victims need to know that there is hope for justice for them.”
House Bill 2192 would limit work release for second- or third-time domestic battery offenders, if their previous offense was committed within five years. Under current law, second- and third-time offenders are allowed work release after 48 hours. The bill would up that to 45 days for second-time offenders, and 90 days for third-time offenders.
William Hurst, assistant district attorney for Johnson County, said that while a first-time domestic battery conviction requires a jail sentence of at least 48 hours, that time is rarely served.
“The basic question before this committee is whether 48 hours of actual jail time is sufficient for an offender who has committed multiple, violent crimes within a short period of time,” Hurst said.
Supporters of the bill hope it leads to mandatory minimum sentences for a first offense of domestic battery, but they see this as a step in the right direction.
The House committee also heard testimony on a bill that would increase additional criminal penalties for fleeing or attempting to elude a police officer based on the circumstances of the offense.
Emily Brandt, representing the Kansas State Board of Indigents’ Defense Services, opposed both bills.
Brandt said in cases where an offender harmed a significant other, the restricted work leave would unintentionally harm the victim as well. She pointed to the high level of domestic violence cases where the offenders and victims share children, and rates of poverty. Brandt also pointed to a study by the National Institute of Justice that found offenders who participate in work release programs are less likely to reoffend.
“Not all offenders are the same,” Brandt said. “Some offenders need more heightened supervision than other offenders. Some of them need more heightened intervention than other offenders. Some of them possibly need more incarceration time than other offenders. This bill takes that discretion away from district court judges.”
Brandt was the only in-person opponent to the bill. One person submitted a neutral written testimony, and four people testified in support in-person.
Rep. Ricky James, a Republican from La Cygne, asked, “Why would all these people be up here wanting the bill? Are they doing their job?” — referring to the judges.
Brandt said that should be a question for the proponents, but Chair Rep. Bob Lewis, a Republican from Garden City, decided to move on because of time constraints.
House Bill 2177 would increase penalties for fleeing a police officer, with additional penalties for specific circumstances.
Under current law a first offense is a class B misdemeanor, while the bill would change it to a severity level 9 felony if a driver fails to stop for a police roadblock or tire deflation devices, engages in reckless driving, causes an accident, intentionally causes property damages or is using a stolen car. That’s upped to a severity level 7 on the second offense, and severity level 5 for the second and up.
If the person drives the wrong way into oncoming traffic or causes a collision with another driver, the bill would classify that as severity level 7 for the first offense, severity level 6 for the second, and severity level 4 for three or more.
Former state Rep. Eric Smith, a Republican from Burlington and the undersheriff in Coffey County, said that in his county of a little more than 8,000 people with two major highways passing through, law enforcement expects three police pursuits per week.
“This is happening so often that law enforcement has become emotionally involved in it,” Smith said. “They watch front line the near misses — the opportunity this individual had to hurt or kill someone.”
Smith described a recent instance where the offender had been involved in multiple pursuits.
“Some just don’t see the crime as a big deal, and they begin to believe they are good at it,” Smith said. “Graduating the severity of the penalty will send a message to them that every time they do this, it will matter more.”
Brant opposed the bill because of the severity of the increased penalties. For actions like driving the wrong way on the highway or causing a collision on a third offense, the bill would escalate the classification of crime from a severity level 9 person felony to a severity level 4 personal felony.
“This bill would punish people who committed no harm to another as severely as people who committed a murder or caused great bodily harm,” Brandt said.