The ACLU has consistently opposed the imposition of mandatory minimum sentencing terms on the grounds that they are ineffective, costly, eliminate individualized consideration of the offender and the circumstances of the offense, and place too much power in the hands of prosecutors instead of neutral judges. Four “gun bills” up for consideration this session in the House, H 5022, H 5703, H 5739, and H 5741, and three bills in the Senate, S 464, S 635, and S 637, contained provisions which would have imposed such mandatory minimum sentences for new criminal offenses relating to weapons. We testified in opposition to these provisions, arguing that the state should refrain from passing legislation that expands the use of mandatory minimum sentencing procedures. These bills all died in committee.
Although we did not testify on the original bill, the amended version of a bill, S 84 Sub A, included similar mandatory minimum provisions which we voiced concerns about. This bill unfortunately passed on the Senate floor but was never taken up by the House and died.
House Judiciary committee had approved a bill that would impose a mandatory sentence for any individual who uses a stun gun against a law enforcement officer. Fortunately, this bill was never taken up by the Senate and died as well.
