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David McKinley on Crime

 

 


Harsher sentencing for "pill mill" operators.

McKinley signed Pill Mill Crackdown Act

    The Pill Mill Crackdown Act of 2011: Amends the Controlled Substances Act to:
  1. double the term of imprisonment and triple the fine for the prohibited distribution of a schedule II or schedule III controlled substance by the operator of a pill mill,
  2. increase the penalties for such operator distribution of a controlled substance to a person under age 21 from twice to thrice the maximum punishment or term of supervised release authorized, and
  3. exclude such operator distribution from the applicability of provisions authorizing an alternative fine of not more than twice the gross profits or other proceeds derived by a defendant from a drug offense.
      Expresses the sense of Congress that such prohibited operator distribution is a violation for which certain property is subject to forfeiture.
      • Requires the proceeds from disposition of such property to be used for controlled substance monitoring programs in the states and for block grants to states for community mental health services and for prevention and treatment of substance abuse.
      • Changes the classification of specified quantities of dihydrocodeinone from a schedule III to a schedule II controlled substance.
      Source: H.R.1065 11-HR1065 on Mar 14, 2011

      Death penalty for killing police officers.

      McKinley signed death penalty for killing police officers

      Congressional Summary: Makes the killing or attempted killing of a law enforcement officer, firefighter, or other first responder an aggravating factor in death penalty determinations [when] the defendant killed or attempted to kill a person who is authorized by law:

      • to engage in or supervise the prevention, detention, investigation, or prosecution, or the incarceration of any person for any criminal violation of law;
      • to apprehend, arrest, or prosecute an individual for any criminal violation of law; or
      • to be a firefighter or other first responder.
      • And that the person was killed--
      • while he or she was engaged in the performance of his or her official duties;
      • because of the performance of his or her official duties; or
      • because of his or her status as a public official or employee.

      Opposing argument: [Sen. Bernie Sanders, Oct. 13, 2015]: "Black lives matter. The African American community knows that on any given day some innocent person like Sandra Bland can get into a car, and three days later she's dead in jail. We need to combat institutional racism from top to bottom, and we need major reforms in a broken criminal justice system. I intend to make sure people have education and jobs rather than jail cells."

      Opposing argument: [ACLU of Louisiana, July 7, 2015]: Louisiana Gov. John Bel Edwards signed a bill into law that makes targeting a police officer a hate crime. Passage of such bills is a top priority for a national organization called Blue Lives Matter, which was formed in response to the Black Lives Matter movement. [A video captured] "police killing a black man who was minding his own business," says the director of ACLU-LA. But it was the civil rights of police officers that Edwards was concerned about, as if theirs were being routinely violated: "I'm not aware of any evidence that police officers have been victimized that would justify giving them special protection."

      Source: H.R.814 & S.2034 16-HR0814 on Feb 9, 2015

      First step: reduce recidivism & mass incarceration.

      McKinley voted YEA First Step Act

      Congressional Summary:

      • TITLE I--RECIDIVISM REDUCTION: establish a risk and needs assessment system to evaluate the recidivism risk of prisoners; to guide housing assignments; and to reward participation in recidivism reduction programs.
      • TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE: allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.
      • TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED: limits the use of restraints on federal prisoners who are pregnant or in postpartum recovery.
      • TITLE IV--SENTENCING REFORM: reduces the enhanced mandatory minimum prison terms for certain repeat drug offenses.

      Opposing press release from Rep. Doug LaMalfa (R-CA-1):: The reform sentencing laws in this bill may compromise the safety of our communities. Criminals convicted of violent crimes would have the opportunity to achieve 'low risk' status and become eligible for early release. California already has similar laws in place--Propositions 47 and 57--which have hamstrung law enforcement and caused a significant uptick in crime.

      Supporting press release from Rep. Jerrold Nadler (D-NY-10):: S. 756 establishes a new system to reduce the risk that [federal prisoners] will commit crimes once they are released. Critically, S. 756 would not only implement these reforms to our prison system, but it also takes a crucial first step toward addressing grave concerns about our sentencing laws, which have for years fed a national crisis of mass incarceration. The bill is a 'first step' that demonstrates that we can work together to make the system fairer in ways that will also reduce crime and victimization.

      Legislative outcome: Concurrence Passed Senate, 87-12-1, on Dec. 18, 2018; Concurrence Passed House 358-36-28, Dec. 20, 2018; President Trump signed, Dec. 21, 2018

      Source: Congressional vote 18-S756 on Dec 20, 2018

      Rated 85% by the NAPO, indicating a tough-on-crime stance.

      McKinley scores 85% by the NAPO on crime & police issues

      Ratings by the National Association of Police Organizations indicate support or opposition to issues of importance to police and crime. The organization's self-description: "The National Association of Police Organizations (NAPO) is a coalition of police units and associations from across the United States. NAPO was organized for the purpose of advancing the interests of America's law enforcement officers through legislative advocacy, political action, and education.

      "Increasingly, the rights and interests of law enforcement officers have been the subject of legislative, executive, and judicial action in the nationís capital. NAPO works to influence the course of national affairs where law enforcement interests are concerned. The following list includes examples of NAPOís accomplishments:

      • Enactment of the Fair Sentencing Act
      • Enactment of the National AMBER Alert Act
      • Enactment of the Violent Crime Control and Law Enforcement Act
      • Enactment of the Adam Walsh Child Protection and Safety Act
      • Enactment of the Law Enforcement Officers' Safety Act (Right to Carry Legislation)

      VoteMatch scoring for the NAPO ratings is as follows:

      • 0%-50%: soft on crime and police issues;
      • 50%-75%: mixed record on crime and police issues;
      • 75%-100%: tough on crime and police issues.
      Source: NAPO ratings on Congress and politicians 2014_NAPO on Dec 31, 2014

      Keep existing rules for police accountability.

      McKinley voted NAY George Floyd Justice in Policing Act

      This bill addresses policing practices and law enforcement accountability:

      • lowers the criminal intent standard--from willful to knowing or reckless--to convict a law enforcement officer for misconduct in a federal prosecution,
      • limits qualified immunity as a defense to liability in a private civil action against a law enforcement officer, and
      • grants administrative subpoena power to the Department of Justice (DOJ) in pattern-or-practice investigations.

      Rep. Elise Stefanik in OPPOSITION (3/1/21): I voted against H.R. 1280--this bill poses a grave danger to law-abiding police officers, as it would eliminate qualified immunity protections, lower the standard for federal civil rights lawsuits, and limit access to necessary equipment during emergencies and natural disasters. Democrats rushed this bill to the House Floor without accepting any input from Republicans, expert testimony, or significant data. I am proud to sponsor the JUSTICE Act with Senator Tim Scott, to provide necessary reforms to end police brutality while protecting our law-abiding officers.

      OnTheIssues explanation of "qualified immunity": "Qualified immunity" means that police officers (and other government officials) cannot be sued for actions on duty, unless knowingly taking unreasonable actions. This bill would limit "qualified immunity," which means the family in cases like George Floyd's could sue the police for civil damages.

      Biden Administration in SUPPORT (3/1/21): We must begin by rebuilding trust between law enforcement and the people they are entrusted to serve and protect. We cannot rebuild that trust if we do not hold police officers accountable for abuses of power and tackle systemic misconduct--and systemic racism--in police departments.

      Legislative Outcome: Passed House 220-212-0 on March 3, 2021, rollcall #60; received in Senate on March 9; no further Senate action during 2021.

      Source: Congressional vote 21-HR1280 on Feb 24, 2021

      2021-22 Governor, House and Senate candidates on Crime: David McKinley on other issues:
      WV Gubernatorial:
      Ben Salango
      Jim Justice
      Michael Folk
      Ron Stollings
      Stephen Noble Smith
      Woody Thrasher
      xEdwin Ray Vanover
      WV Senatorial:
      Carte Goodwin
      Don Blankenship
      Evan Jenkins
      Joe Manchin III
      John Raese
      Patrick Morrisey
      Paula Jean Swearengin
      Richard Ojeda
      Shelley Moore Capito
      Open Seats / Turnovers 2022:
      AL-5: Mo Brooks (R) running for AL Senator
      CA-37: Karen Bass (D) running for mayor of Los Angeles
      FL-10: Val Demings (D) running for FL Senator
      FL-13: Charlie Crist (D) running for FL governor
      HI-2: Kai Kahele (D) running for MD governor
      MD-4: Anthony G. Brown (D) running for attorney general of Maryland
      MO-4: Vicky Hartzler (R) running for MO Senator
      MO-7: Billy Long (R) running for MO Senator
      NY-1: Lee Zeldin (R) running for NY governor
      NY-3: Thomas Suozzi (D) running for NY governor
      NC-8: Ted Budd (R) running for NC Senator
      NC-11: Madison Cawthorn (R) Incumbent lost renomination
      OH-13: Tim Ryan (D) running for OH Senator
      OK-2: Markwayne Mullin (R) running for OK Senator
      OR-5: Kurt Schrader (D) Incumbent lost renomination
      PA-17: Conor Lamb (D) running for PA Senator
      SC-7: Tom Rice (R) Incumbent lost renomination
      TX-1: Louie Gohmert (R) running for attorney general of Texas
      VT-0: Peter Welch (D) running for VT Senator

      Special Elections 2021:
      LA-2: Troy Carter (R, April 2021)
      LA-5: Julia Letlow (R, March 2021)
      NM-1: Melanie Stansbury (D, June 2021)
      OH-11: Shontel Brown (D, Nov. 2021)
      OH-15: Mike Carey (R, Nov. 2021)
      TX-6: Jake Ellzey (R, July 2021)
      Hot Races 2022:
      CA-27: Christy Smith (D) vs. Mike Garcia (R)
      FL 27: Annette Taddeo (D) vs. Maria Elvira Salazar (R)
      GA-7: Carolyn Bourdeaux (D) lost redistricting race to Lucy McBath (D)
      GA-10: Vernon Jones(R) vs. Paul Broun (R,lost May 24 primary) to replace Jody Hice (R) running for Secretary of GA
      ME-2: Bruce Poliquin (R) rematch against Jared Golden (D)
      MI-10: John James (R) - running for newly redistricted seat
      MI-11: Andy Levin (D) redistricted to face Haley Stevens (D)
      MT 1: Ryan Zinke (R) - running for newly created seat
      MT-2: Al Olszewski(R) vs. Sam Rankin(Libertarian) vs. Matt Rosendale(R)
      NJ-7: Thomas Kean Jr. (R) challenging Tom Malinowski (R)
      NY-10: Bill de Blasio (D) challenging Mondaire Jones (D)
      NY-11: Max Rose (D) challenging Nicole Malliotakis (R)
      NY 12: Carolyn Maloney (D) redistricted to face Jerry Nadler (D)
      RI-2: Seth Magaziner (D) vs. Allan Fung (R)
      RI-1: Allen Waters (R) vs. David Cicilline (D)
      TX-34: Mayra Flores (R) - Elected SPEL June 2022; general election Nov. 2022 against Vicente Gonzalez (D)
      WA-4: Brad Klippert (R) challenging Dan Newhouse (R)
      WV-2: David McKinley lost a redistricting race to fellow incumbent Alex Mooney

      Special Elections 2022:
      AK-0: Sarah Palin (R) vs. Al Gross (Independent)
      CA-22: Connie Conway (R) replaced Devin Nunes on June 7.
      FL-20: Sheila Cherfilus-McCormick (D) replaced Alcee Hastings on Jan. 11.
      MN-1: vacancy left by Jim Hagedorn (R), deceased Feb. 17; SPEL on August 9.
      NE-1: Jeffrey Fortenberry (R) Resigned on March 31, after being convicted; Mike Flood (R) in SPEL on June 28.
      NY-19: Marc Molinaro (R) running for SPEL Aug. 23 for seat vacated by Antonio Delgado (D), now Lt.Gov.
      TX-34: Mayra Flores (R) SPEL June 14 for seat vacated by Filemon Vela Jr. (D)
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      Page last updated: Jun 18, 2022; copyright 1999-2022 Jesse Gordon and OnTheIssues.org