PROPONENT TESTIMONY ON SUBSTITUTE SENATE BILL 97

Elliot Kolkovich, Summit County Assistant Prosecuting Attorney

Before the Ohio House Judiciary Committee

October 6, 2015

Chairman Butler, Vice Chair Manning, Ranking Minority Member Stinziano, members of the House Judiciary Committee, thank you for the opportunity to speak to you today regarding Substitute Senate Bill 97.:

Thank you for the opportunity to offer proponent testimony on Substitute Senate Bill 97. My name is Elliot Kolkovich and I am an Assistant Prosecuting Attorney for Summit County Prosecutor Sherri Bevan Walsh. I will be specifically addressing the provisions of this bill which create the Armed Violent Career Criminal designation for defendants with two prior violent felony convictions who possess a firearm and the 50% increase in prison terms for firearm specifications.

Gun violence continues to be a problem in Summit County. In 2014, our office prosecuted 15 homicides with gun specifications. This was in addition to the four death penalty cases our office handled, three of which involved firearms. Not surprisingly, approximately one half of these Defendants had at least one prior violent felony or firearm conviction. One 18 year old offender was out on bond for a violent assault with a gun when he committed aggravated murder. He also had a lengthy juvenile record consisting of violent felonies.

In Summit County, all criminal cases are assigned randomly among the ten common pleas courts. For a random sample, I selected two courts and found that last year, of the 48 cases which involved a firearm in those courts, nearly 21%, or roughly one-fifth, of those offenders had two or more prior offenses of violence which means they would have been designated an Armed Violent Career Criminal had this bill been in effect.

Of course, gun violence and homicides are not limited to Summit County. As you may be aware, at least one study has shown thatin Ohio, those with two or more violent felony offenses are responsible for 57% of Ohio’s violent felony convictions.

By increasing the penalties for those classified as an Armed Violent Career Criminal, you allow the Judge the option to keep these dangerous criminals off the street longer, and thereby keep our community safer for a longer period of time. Likewise, the 50% increase in prison terms for mandatory firearm specifications would ensure our communities stay safer for a longer period of time.

This Act, if passed, has the potential to save the lives of Ohio citizens.

I urge this committee and the House to pass Substitute Senate Bill 97. Thank you.

Elliot Kolkovich

Assistant Prosecutor, Summit County Prosecuting Attorney

330-643-5090

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