As you know, we represent the Public Safety Coalition, a consortium of police chiefs,

sheriffs and prosecutors from across Tennessee who meet regularly during the year
to discuss ways to make our cities, towns and counties safer. In recent years, we
have come to the legislature and the governor to seek your VITAL assistance. At
the onset, I want to thank you, Lieutenant Governor Ramsey, at the time Speaker
Naifeh, and Governor Bredesen for the enactment of the Crooks with Guns Law in
2007. Nearly 400 dangerous defendants in Nashville alone have been charged with a
Crooks with Guns violation since the law took effect. It was a statute that was badly
needed in 2007, but we in the Public Safety Coalition viewed it as just one step
forward with the safety of Tennesseans still very much on the line.

We realize that times are tough economically and that the state must set funding
priorities. But, ladies and gentlemen, what priority could be any greater than
protecting the safety of Tennessee’s families and visitors. After all, Article One,
Section One, of our state constitution clearly states, and I quote, “All power is
inherent in the PEOPLE, and all free governments are founded on THEIR
authority, and instituted for THEIR PEACE, SAFETY AND HAPPINESS.” End
quote.

In our continuing efforts to uphold Article One of the Constitution, the Public
Safety Coalition strongly considered asking for a law that would require first-time
convicted armed robbers to serve 85% of their sentences.
However, we quickly realized that such a proposal was likely to have been met with
a huge fiscal note which would have effectively killed the legislation. Instead, we are
advancing a more financially conservative approach, in line with our several year
push for “laser like focus” on the most dangerous and repeat offenders, and are
asking you to support changing the classification for Aggravated Robbery, that’s
Robbery with a Firearm, from a Class “B” to a Class “A” felony. There is arguably
no more serious crime that strikes fear among Tennesseans than having some thug

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Aggravated Robbery Law—The Time for Change is NOW
March 2009
put a gun to your body and demand your hard earned money. Aggravated robbery
is but a few pounds of trigger pull away from a murder.

Changing aggravated robbery from a Class “B” to a Class “A” felony would
effectively double the sentence to a new range of from 15 to 25 years to serve.

Under existing law, with the state’s current presumption that a first-time armed
robber is eligible for parole after serving less than one-third of his sentence, not to
mention the issue of time off for good behavior, the change from Class “B” to Class
“A” felony status would still mean several more years behind bars for those
dangerous persons who use weapons to rob innocent Tennesseans and businesses.
Simply put, no matter what the plea or sentence, the combination of parole
presumption and time off for good behavior creates a system that essentially scoffs
at the need for real prison time for this class of predatory and dangerous offender.

I ask that you give careful consideration to the impact of such a law change. If
aggravated robbery was a Class “A” felony in 2005, the 153 defendants convicted
THAT YEAR IN NASHVILLE should still be in prison right now. Instead, 55 of
those defendants have REOFFENDED IN NASHVILLE since their 2005 convictions
by PREYING ON 145 NEW CRIME VICTIMS AND COLLECTING 343 NEW
CRIMINAL CHARGES. This analysis does not take into account what havoc those
violent convicted felons may have reeked in other jurisdictions.

Of those 153 convicted aggravated robbers in 2005, 116 scored their first aggravated
robbery conviction that year. But don’t fool yourselves in thinking this was their
first foray into criminal activity, as some who oppose tougher sentencing would have
you believe. Those 116 people had amassed 1,578 criminal charges in Davidson
County alone prior to their aggravated robbery convictions!

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Aggravated Robbery Law—The Time for Change is NOW
March 2009
The problem hasn’t gotten any better since 2005. IN JUST THE PAST 12-
MONTHS, the Metropolitan Police Department has arrested 524 persons for
robbery. The average age of those individuals is 26. Now, listen to this. Sixty-four
percent of those 524 persons had a prior conviction. Forty percent had a prior
felony conviction. And the most shocking…those 524 persons HAVE CREATED
3,709 VICTIMS BY THEIR ABHORRENT CRIMINAL BEHAVIOR! Simple
truth - plain fact.

Repeat offenders are victimizing innocent citizens and businesses throughout our
state. One only needs to monitor the news in any of our major cities to see example
after example. More often than not in Nashville, we see a dangerous felon whose
crimes gradually escalated in seriousness. By the time they are convicted of armed
robbery, we believe it is the state’s CONSTITUTIONAL OBLIGATION to see that
they remain behind bars for a number of years to bring to the people, PEACE,
SAFETY AND HAPPINESS.

Jeffrey Sedgwick, the Director of the Bureau of Justice Statistics in Washington,

wrote a guest editorial for the Washington Post last June that really underscores the
point. Sedgwick writes,

“For violent offenders, nearly 62 percent were rearrested within three years of
release. Overall, more than 67 percent of prisoners were rearrested within three
years for committing new offenses. The cost of these new crimes goes beyond
prisons. THE MOST CONSERVATIVE ESTIMATE FOR THE COST OF
VIOLENT AND PROPERTY CRIMES IN THE UNITED STATES IS MORE
THAN $17 BILLION A YEAR—AND THAT’S JUST THE DIRECT,
IMMEDIATE COSTS. THIS LEAVES OUT SUCH COSTS AS CRIME
VICTIMS’ STRUGGLE TO BE MADE WHOLE.” Sedgewick concludes, “Let

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Aggravated Robbery Law—The Time for Change is NOW
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there be no mistake—releasing criminals early may save money in the short term,
but not in the long term.”

I’m sure there are those who will be critical of our robbery proposal. We will be
accused of trying to lock away every person charged with any criminal offense.
That is simply not true. To quote from a recent publication from the Pew Center on
the States,

“Americans deserve criminal justice policies that keep them safe. They want
serious, violent and chronic criminals put in prison. At the same time, a majority of
Americans support cost-effective strategies for dealing with offenders who pose less
risk to the community.” End quote. We do not disagree. In fact, we recognize that
there are certain non-violent offenders taking up valuable bed space that needs to be
reserved for violent criminals. We understand that Correction Commissioner Little
and Parole Board Chairman Traughber are looking at alternate solutions in dealing
with offenders who pose little or no risk to our citizens. We support those efforts.

Aggravated robbery is not in that category, however. What we are asking today is
that Tennessee treat aggravated robbery with the seriousness that is absolutely
demands, and, if I may use a slight exaggeration-- that we stop treating armed
robbers like shoplifters! Under current law, an aggravated robber who receives
good and honor credits can be out of prison in about two years. That’s about one
year more than a convicted shoplifter or other misdemeanant could receive.

Our communities must have relief from repeat violent offenders, and I believe
actual reform of Tennessee’s sentencing structure should be considered with
MEANINGFUL cost analysis, which, I submit SHOULD INCLUDE a “credit” for
the crimes and suffering that we know would not have occurred if these criminals
had served the “real” time of their sentences. For the record, nearly 14,000 persons

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Aggravated Robbery Law—The Time for Change is NOW
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have been arrested in Nashville in the past 12 months for a violent felony, drug
offense or weapon violation. Of those 14,000 people, nearly one-third had a PRIOR
felony conviction, nearly two-thirds had a conviction for some offense, and 80% had
prior arrest histories.

For now, we ask that you strongly consider our aggravated robbery proposal,
particularly in line with Article One of the State Constitution. The Public Safety
Coalition’s proposals have been carefully crafted given the state’s financial picture
and are the right changes for Tennessee this year.

There is a groundswell of support from citizens and businesses across our state.
From Memphis, to Nashville, to Knoxville, our citizens are demanding to be SAFE.
We understand the need for spending tax dollars for “Education” and “Economic
Growth and Development,” and that priorities must be set. But please know this;
you do not have to have a PhD in Economics to know that if people and businesses
are afraid, businesses will close. If neighborhoods are afraid, home values fall,
social disorganization advances, and both schools and the economy suffer – this is
not rocket science, you can simply look around America… and our state… to see the
real and devastating effect that fear of crime and crime directly causes.

As a Titans fan, let me put it this way. It’s 4th and goal on the one yard line and we
need a touchdown badly to stay in the game. Changing Aggravated Robbery to a
Class “A” felony gives us that score. Again, it keeps us in the game. We need your
help now and in the upcoming legislative sessions to help us continue to engineer
vitally important scoring drives for the people of Tennessee who count on all of us
for their safety and well-being. Thank you for your time and consideration.

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Aggravated Robbery Law—The Time for Change is NOW
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