Brief(1)
S.B. 597 amends the criminal procedure statute dealing with preliminary hearings. The bill provides that a victim of domestic violence involving the defendant does not need to be personally present at the preliminary hearing.
Background
The Kansas County and District Attorneys Association requested S.B. 597. A proponent said that the bill recognizes that in domestic violence cases, the victim is often dependent on the perpetrator, both economically and emotionally.
A preliminary hearing is required within ten days of arrest or first appearance in order to provide a speedy determination of probable cause to hold a defendant for trial.
The proponent said that the bill does not infringe on any constitutional rights of a defendant. In affirming the constitutionality of K.S.A. 22-2902a allowing lab reports without the supporting testimony of the forensic examiner, the Kansas Supreme Court in State v. Sherry, 233 Kan. 920, 667 P.2d 367 (1983) stated that "the requirement that the rules of evidence apply at the preliminary examination was incorporated by our legislature and not mandated by the Constitution of the United States."
The fiscal impact of the bill is unknown.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.