TOPEKA, KAN. -- The legislation unanimously approved Wednesday by a special session of the Kansas Legislature today was signed into law by Kansas Gov. Sam Brownback and was published in the Kansas Register by Secretary of State Kobach.
Kansas Attorney General Derek Schmidt issued the following statement on the measure becoming law:
"I am truly grateful to the Legislature for moving swiftly to enact this measure, to Speaker Merrick and President Wagle for expediting the bill's processing after approval, to Governor Brownback for moving swiftly to sign it into law, and to Secretary Kobach for making arrangement to have it published immediately in the Kansas Register. Only four days after the Kansas Legislature convened in special session, the 'Hard 50' bill now has the force of law. From this day forward, those in our state who murder other human beings with premeditation and do so with aggravating circumstances can be assured of facing a jury of their peers whose actions can result in the killer's removal from society for at least 50 years. The law has been restored to where it was prior to the June 17 decision by the United States Supreme Court, and the longstanding will of the people of Kansas on this matter is once again the law of our land."
Saturday, September 7, 2013
Wednesday, September 4, 2013
Schmidt commends Legislature on passage of ‘Hard 50’ fix
KANSAS CITY, KAN. – Kansas Attorney General Derek Schmidt today issued the following statement on the passage of the “Hard 50” fix by the Kansas Legislature:
“The members of the Kansas legislature today unanimously stood strong for public safety in adopting the fix to the Kansas ‘Hard 50’ law. I am grateful that they were willing to return to Topeka to repair the law. With this legislation, Kansas has reinstated the option to make sure the ‘worst of the worst’ murderers stay behind bars for at least 50 years. I again thank Governor Brownback for calling the legislature back into session, and I commend the legislators for their efficient work in restoring this important public safety measure in a historically brief two-day session.”
The constitutionality of the Kansas “Hard 50” law was called into question by a June U.S. Supreme Court decision.
The bill adopted today by the Kansas legislature repairs that damage by creating a procedure for juries to make the findings upon which a “Hard 50” sentence must be based.
The bill was adopted by the Kansas House of Representatives 122-0 and by the Kansas Senate 40-0.
It will now be presented to Gov. Sam Brownback for his consideration.
“The members of the Kansas legislature today unanimously stood strong for public safety in adopting the fix to the Kansas ‘Hard 50’ law. I am grateful that they were willing to return to Topeka to repair the law. With this legislation, Kansas has reinstated the option to make sure the ‘worst of the worst’ murderers stay behind bars for at least 50 years. I again thank Governor Brownback for calling the legislature back into session, and I commend the legislators for their efficient work in restoring this important public safety measure in a historically brief two-day session.”
The constitutionality of the Kansas “Hard 50” law was called into question by a June U.S. Supreme Court decision.
The bill adopted today by the Kansas legislature repairs that damage by creating a procedure for juries to make the findings upon which a “Hard 50” sentence must be based.
The bill was adopted by the Kansas House of Representatives 122-0 and by the Kansas Senate 40-0.
It will now be presented to Gov. Sam Brownback for his consideration.
Monday, August 19, 2013
Schmidt proposes ‘Hard 50’ legislation
TOPEKA, KAN. – Kansas Attorney General Derek Schmidt today formally recommended legislation to repair the damage done to the Kansas ‘Hard 50’ sentencing law by a recent U.S. Supreme Court case.
In a letter to legislators, Schmidt conveyed the draft of a bill that would overhaul the sentencing procedure for new “Hard 50” cases and would modify the existing procedure for pending cases in order to comply with the Supreme Court’s ruling.
The Court ruled in June that juries, not judges, must make the findings upon which a “Hard 50” sentence is based.
Schmidt said the legislation was drafted by his office in close consultation with local prosecutors throughout the state. The Kansas County and District Attorneys Association has formally endorsed the bill draft.
“We believe this bill draft would remedy the constitutional problem the Supreme Court identified and would maximize our ability to continue using the ‘Hard 50’ law,” Schmidt said. “I look forward to working with the Legislature as this proposal receives consideration.”
In a letter to legislators, Schmidt conveyed the draft of a bill that would overhaul the sentencing procedure for new “Hard 50” cases and would modify the existing procedure for pending cases in order to comply with the Supreme Court’s ruling.
The Court ruled in June that juries, not judges, must make the findings upon which a “Hard 50” sentence is based.
Schmidt said the legislation was drafted by his office in close consultation with local prosecutors throughout the state. The Kansas County and District Attorneys Association has formally endorsed the bill draft.
“We believe this bill draft would remedy the constitutional problem the Supreme Court identified and would maximize our ability to continue using the ‘Hard 50’ law,” Schmidt said. “I look forward to working with the Legislature as this proposal receives consideration.”
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