Most Senate Democrats overruled the Attorney General’s office and their Republican colleagues to give judges the power to declare criminals “habitual offenders” instead of prosecutors.
Prosecutors are currently the ones who petition the court to use the label, which applies to someone with at least three different felony convictions. Under the bill, judges would makes the call, then use the maximum sentence of the latest crime as a starting point for sentencing, which could be up to life in prison depending on the offense.
Deputy Attorney General Mark Denney says it would eviscerate his office’s ability to keep criminals behind bars.
“If this bill succeeds, effectively every person who qualifies as a habitual offender under our laws will face a penalty of zero to life, or whatever the [minimum mandatory sentence] is on the crime the committed to life," said Denney. "So, it eradicates completely the enhancements for repeat, habitual, violent offenders.”
This proposed legislation would also allow habitual offenders sitting in prison to petition the court for a new trial.
Divisive lines were drawn during the nearly two hours of debate Thursday, with opponents of the bill airing concerns of potentially burdening the AG’s office with more than 650 retrials.
Bill sponsor Sen. Karen Peterson (D-Stanton) argues prosecutors currently use the habitual offender too subjectively.
“I agree that it’s a tool. It’s a sledgehammer. One that’s used to extort guilty pleas, which deprives our citizens of exercising their rights to a trial and spared the government from the burden of proving guilt beyond a reasonable doubt,” said Peterson.
Additionally, supporters argue the bill merely gives judges further discretion in sentencing.
The bill now heads to the House.
