Rep. Kinzer Introduces Bill to Restore Tougher Sentences for Sex Offenders
Topeka - Today Rep. Lance Kinzer (R-Olathe), chairman of the House Judiciary Committee introduced HB 2435 in response to two recent Kansas Supreme Court decisions that had the effect of reducing criminal sentences for sex offenders in Kansas. In May, 2009 in the case of State v. Horn the Kansas Supreme Court invalidated the imposition of enhanced sentences for individuals convicted of attempting to commit a sexually violent crime against a child. This decision was followed by an October, 2009 opinion in the case of State v. Trautloff in which the Court ruled that the Kansas habitual sex offender statute does not apply to individuals who were convicted of multiple sex offenses on the same day.

Horn was convicted of attempted aggravated criminal sodomy of a child under the age of 14 and was sentenced to a minimum 25 years under Jessica's law. The Kansas Supreme Court invalidated this sentence and required that Horn be re-sentenced under a more lenient general attempts statute. HB 2435 would restore the clear intent of Jessica's law to impose significant mandatory minimum sentences for child sex offenders.

In 1996 Trautloff was convicted of rape of an 8 year old, aggravated indecent liberties with another 8 year old, and a further count of aggravated indecent liberties with a 9 year old. (One of the aggravated indecent liberties convictions was subsequently overturned). More than a decade latter Trautloff was convicted of rape, aggravated sodomy, aggravated indecent liberties with a child and sexual exploitation of a child all resulting from a scheme in which Trautloff paid for sex with a seven year old girl. He was sentenced to life in prison without the possibility of parole under the Kansas habitual sex offender statute. The Kansas Supreme Court invalidated this sentence because the 1996 convictions had been adjudicated on the same day and as such, in the view of the Court, were not separate conviction events. HB 2435 will make it clear that this any person convicted of two or more sexually violent crimes is a habitual sex offender.

Commenting on his bill Rep. Kinzer stated, "I am saddened to have to bring this bill forward. When I carried Jessica's Law on the House floor in 2006 I believed that the legislature, with the support of the people of Kansas, had said clearly and unequivocally that the days of lenient sentencing for child sex offenders was over. Recent Court opinions have made it imperative that we again join together to make sure that we have a law in place that protects children by appropriately punishing those who prey upon them."