In an election year, a politician’s best friends often are criminals, especially those seen as lurking in the shadows, preying on innocent children.

Best friends in that by targeting such villains for harsher punishments, politicians enhance their stature among voters.

“Voting against not getting tough on crime in an election year isn’t a smart thing to do,” said Rep. Mike O’Neal, R-Hutchinson. “If you’re really pushing a criminal justice agenda, it’s better to do it in an election year.”

This election year, numerous bills would get tougher on criminals, including ones mandating harsher penalties for sexual predators and child molesters, allowing law-abiding citizens to carry concealed weapons to protect themselves from criminals and restricting where registered sex offenders can live.

But the enthusiasm isn’t limited to legislators in a year when all House seats and state offices are on the ballot.

‘Law-and-order Democrat’

Gov. Kathleen Sebelius and Atty. Gen. Phill Kline want to convince voters that criminals won’t be walking the streets targeting innocent citizens – who, by the way, vote.

Sebelius outlined her get-tough stance during her State of the State speech in January. As the state’s chief law enforcement official, Kline talks about it at every opportunity.

“It’s clear what the governor was doing is trying to show she is a law-and-order Democrat and Republicans can’t say she is soft on crime,” said Joe Aistrup, head of Kansas State University’s Department of Political Science.

The sexual predator bill puts third-time violent sex offenders behind bars forever and doles out harsh penalties for those who molest children.

Locking up perverts and molesters is high on the public’s must-do list. Among the reasons is the high-profile case of Jessica Lunsford, a 9-year-old Florida girl killed last year by a convicted sex offender.

“Politics is about identifying your windows of opportunity and acting when those windows are open,” said Senate Majority Leader Derek Schmidt, R-Independence.

Law-and-order legislation makes for good headlines back home and actually can do some good at a time when legislators want to point to their good deeds.

“There is apple pie, the flag and throwing criminals behind bars. It’s a surefire winner,” Aistrup said. “The reality is, if you’re going to throw a criminal behind bars, the best criminal is a pedophile.”

Penalty debated

Despite the rush to get tough, not everyone is on the same page about the sexual predator bill.

The Senate wants a minimum mandatory sentence of 25 years for child molesters. The House leaves it up to prosecutors to journey down the highway of harshness, letting juries decide whether that’s the road best traveled.

There’s concern a mandatory sentence will mean millions in increased prison costs and maybe somebody getting the tough time who doesn’t deserve it.

On the flip side, there’s concern that leaving such a decision to a jury could mean some defense lawyer with a briefcase full of legal razzle dazzle could get a guilty client set free.

Because the public wants tougher laws for child molesters, the smart money is on mandatory sentencing winning out.

“Legislators respond more readily to public pressure in an election year,” Schmidt said.

‘Nature of the beast’

The concealed gun bill passed overwhelmingly in the Senate and likely will clear the House.

The question is what will Sebelius do, given she vetoed a nearly identical bill two years ago. But two years ago, she wasn’t seeking a second term.

“It’s more of a conservative issue, and those who will be upset with her on that issue probably will be voting for someone else,” Aistrup said.

Despite a bill’s obvious benefits, votes often are based on whether lawmakers think it will make them popular at the coffee shops and church socials back home.

“People understand that putting child molesters and sex predators in prison is a good thing,” said Sen. Phil Journey, R-Haysville. “It’s a great postcard to send a voter to say you supported this.”

Sometimes, of course, what seemed like a good idea at first turns out not to look so good.

Take requiring registered sex offenders to live a specific distance from schools and day care centers. While the idea had appeal, experts told legislators it makes it harder for offenders to find a place to live and eventually they drop out of sight.

Even so, buffer zones still may ride the criminal crackdown caravan.

It could be another case where politics trumps policy – like the huge tax cuts in 1998. The cuts played well with voters but came back to gnaw legislators’ ankles when the economy tanked in 2001.

“The Legislature is a political body and politicians do political things,” Journey said. “It’s just the nature of the beast.”