Governor strengthens “hard 40” sentence for sex offenders
Closure of Jessica’s Law loophole a key priority of AG Morrison

Last year’s passage of Jessica’s Law was a significant step forward in protecting Kansans from sex offenders.  That law, however, inadvertently left some second-time offenders out of the mandatory 40 year sentence, a loophole closed today by Governor Kathleen Sebelius.

At a ceremony with Attorney General Paul Morrison, a key proponent of the change, Sebelius signed a bill ensuring these second-time sex offenders will be subject to the “hard 40” prison sentence.

“These crimes, particularly when the victims are children, are horrific and the perpetrators deserve harsh punishment.  By closing this loophole we’ll ensure these offenders receive prison sentences that fit their crimes,” Sebelius said.

SB 166 closes a loophole in Jessica’s Law that allowed some second-time offenders to be treated as first-time offenders.  It also expands the list of sex offenses that qualify a second-time offender for the “hard 40” to include offenses in effect prior to the effective date of Jessica’s Law. These changes mean all second-time sex offenders face the mandatory 40 year sentence, as intended.

The bill also authorizes the discharge of an offender from the Juvenile Justice Authority’s custody for a new conviction; repeals the sunset provision of the statute regarding the arrest powers of federal law enforcement officers; repeals certain crimes; and updates penalties for specified crimes.

Finally, the bill amends the crime of unlawfully hosting a minor to change the statutory language from “persons under the age of 18” to “a minor.”

This bill was the 195th signed by Sebelius during the 2007 Legislative Session.  Four bills and one budget item have been vetoed.

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