Sen. Tony Luetkemeyer’s Legislative Column for Jan. 27, 2020

A Short But Busy Week

We just finished an abbreviated week at the State Capitol. State offices were closed for the Martin Luther King Jr. holiday, and the Legislature did not convene until Tuesday. By Wednesday afternoon, a forecast of severe winter weather prompted early adjournment. While we were in Jefferson City, legislators made the best use of their time, with a full schedule of committee hearings and the annual State of the Judiciary Address.

The Senate Judiciary Committee, which I chair, heard testimony on three bills. One of the proposed measures raises the penalties for unlawful possession of a firearm. Under both state and federal law, convicted felons are prohibited from possessing firearms. Currently, felons in possession of a firearm can be charged with a Class D felony, punishable by up to seven years in prison. The legislation presented to the Judiciary Committee elevates unlawful possession of a firearm to a Class C felony, which carries a sentence of up to 10 years.

The committee also heard two similar bills, both relating to the offense of armed criminal action. In Missouri, the use of a weapon while committing a felony is a separate crime. A person who robs a liquor store with a gun can be charged with two distinct offenses – robbery, as well as armed criminal action. Unfortunately, judges often roll the resulting sentences together so that prisoners do not serve separate time for each offense.

This practice thwarts the intention of armed criminal action, which is designed as a sentence enhancement. The measure I sponsored and presented to the committee this week requires the sentence for armed criminal action and the sentence for the underlying felony to be served consecutively. If there is a separate crime, the defendant will do separate time.

Meanwhile, the Senate Gubernatorial Appointments Committee continued its work reviewing appointments to the state’s various boards and commissions. It was my honor to sponsor three residents of the 34th Senatorial District as they appeared before the committee.

Pat Conway, a former state representative from St. Joseph, was named to the Missouri Gaming Commission. Platte County Sheriff Mark Owen, was tapped to serve on Missouri’s Peace Officer Standards and Training Commission. Lynn Parmen, the chief operating officer of the National Association of Intercollegiate Athletics and former CEO of the American Royal, will serve on the Missouri State University Board of Governors. Congratulations to these three residents of the district! I appreciate their service to our state.

STATE OF THE JUDICIARY

On Wednesday, Missouri Supreme Court Chief Justice George W. Draper III appeared before a joint session of the General Assembly to deliver the State of the Judiciary Address. I take a special interest in this annual event, as I clerked for the Missouri Supreme Court after law school and always enjoy hearing the Court’s perspective.

As only the second African-American jurist to serve on the state’s highest court, Judge Draper brought a unique perspective to the address. He described himself as the grandson of a slave and recalled how his father, a law professor and later chief of the Missouri attorney general’s criminal division, was barred from dining in certain capital city restaurants due to his race. Judge Draper recalled historic racial tensions in Missouri and our state’s role as the genesis to the Dred Scott court decision, a precursor to America’s Civil War. It was poignant to listen to him address Missouri’s elected officials and members of the Legislature and realize how far we’ve come as a society.

During his address, Judge Draper thanked the Legislature for its past efforts in support of Missouri’s courts. He expressed appreciation for appropriations we’ve made to fund Missouri’s court automation system and asked for our continued support as aging technology is upgraded and replaced.

Legislative activity is expected to increase next week as the Senate begins to take up bills that have advanced out of committee. I’ll be sure to keep you up to date through this column and on Facebook and Twitter.

It is my great honor to represent the citizens of Platte and Buchanan counties in the Missouri Senate. Please contact my office at (573) 751-2183, or visit www.senate.mo.gov/mem34.