Attorney General's News Release

March 5, 1999

Nixon opposes bill that would reduce punishment for broad class of crimes, including weapons, drugs and DWI

Jefferson City, MO — Attorney General Jay Nixon today announced he firmly opposes a bill in the Missouri General Assembly that Nixon said would place society at risk by reducing the punishment for a broad class of crimes, including weapons offenses, DWI felonies and methamphetamine crimes.

Nixon sent a letter to lawmakers this week, urging them to reject Senate Bill 335, which was voted out of the Senate's Criminal Law Committee this week as a Senate committee substitute.

"We have made great strides with new laws and aggressive prosecution in reducing crime in Missouri and making our streets safer," Nixon said. "Protecting society must continue to be our number one priority. Now is not the time to turn back."

The Attorney General said that while efforts by lawmakers to avoid overcrowding in Missouri prisons were commendable, SB335 sacrificed the priority placed on safety and fighting crime. The provisions of SB335 include:

• A reduction in the maximum imprisonment for all class D felonies from five years to four years. The change would reduce the maximum penalty for DWI felonies, a proposal opposed by both Nixon and Mothers Against Drunk Driving.
• Elimination of the mandatory imprisonment for those convicted of armed criminal action. If passed, those convicted could receive as little as probation.
• A reduction in the punishment for drug offenses, including convictions involving methamphetamine. The bill also allows the board of probation and parole to alter sentences imposed by judges for drug crimes.
• Elimination of all jury involvement in criminal sentencing, except in capital cases. Currently the jury has a significant role in establishing the proper punishment for convictions.

"Missouri has made great progress in recent years in correcting the perception that our prison system is simply a revolving door," Nixon said. "To those who are victims of crime and to those who live in crime-ridden neighborhoods, this has been an important accomplishment. I am convinced the current reduction in crime is directly related to the fact that many criminals are no longer on our streets."

The best way to address the prison population is to reduce the number of people committing crimes, Nixon said. To do this, he said, society must attack the root causes of crime and support programs known to be effective in fighting crime.

Terming Senate Bill 335 "short-sighted," Nixon encouraged lawmakers to support laws and programs that he said have helped make Missouri a safer place. Nixon pointed to drug courts and alternative schools as examples of two crime-fighting programs supported by the General Assembly in recent years.

"Drug courts are successful because they work to rehabilitate first time offenders and keep them out of prison," he said. "These courts are just beginning to be established in many parts of Missouri, and they deserve our support if we are serious about prison overcrowding, rehabilitation and crime prevention."

Alternative schools, a program the legislature supported with the passage of the Safe Schools Act, have also proven to be successful, Nixon said.

"These schools provide focused attention on students who are causing problems in schools, and they have the added advantage of improving discipline and learning environment for the other students in public schools," Nixon said. "These programs help students stay in school and out of prison, and they deserve continued support.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818