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Minutes for HB2113 - Committee on Corrections and Juvenile Justice
Short Title
Prohibiting denial of a petition for expungement due to the petitioner's inability to pay outstanding costs, fees, fines or restitution, providing that the waiting period for expungement starts on the date of conviction or adjudication and authorizing expungement of a juvenile adjudication if the juvenile has not committed a felony offense in the previous two years.
Minutes Content for Tue, Jan 31, 2023
The Chairperson opened the hearing on HB2113. Natalie Scott provided an overview of the bill. (Attachment 1) Ms. Scott responded to questions from committee members.
Marilyn Hart, Citizen Lobbyist testified in support of the bill. With regards to fines, fees, and restitution, she said we do not have consistency. In some places, people are allowed to expunge their offenses with fines, fees, and restitution. In other places, they are not, so this clarifies and deals with all three entities in which expungement comes up - municipal courts, district courts and juvenile courts. Ms. Hart said it should not be harder to get an expungement of a juvenile offense than it is of an adult offense - but right now it is. She referenced an example she gave in her written testimony to illustrate. (Attachment 2) Ms. Hart responded to questions from committee members.
Written only proponent testimony was submitted by:
- Lindsie Ford, Assistant Public Defender, Kansas State Board of Indigent Defense Services (Attachment 3)
- Jay Hall, Kansas Association of Counties (Attachment 4)
- Aileen Berquist, Policy Director, American Civil Liberties Union (Attachment 5)
John Goodyear, General Counsel, League of Kansas Municipalities provided neutral testimony. He said the League of Kansas Municipalities supports efforts made by the Legislature to address cycles of indigency and recidivism but they are wary of provisions that would remove methods to ensure compliance with the statutes. They like that after expungement, the party still has to pay fines, fees, and restitution. They also like that there would be a distinction between the inability to pay versus unwillingness to pay but feel that provision needs to be fleshed out to determine how a petitioner demonstrates they are willing but unable to pay. He said their bigger concern is the change made to when the clock starts. (Attachment 6) Mr. Goodyear responded to questions from committee members.
Written only neutral testimony was submitted by Laura Nordgren, Staff Attorney, Kansas Judicial Council. (Attachment 7)
Written only opponent testimony was submitted by Todd Thompson, Leavenworth Attorneys Association. (Attachment 8)
Ed Klumpp, Legislative Liaison, Kansas Sheriffs Association, Kansas Association of Chiefs of Police, Kansas Peace Officers Association provided neutral testimony. He said one of the reasons he wanted to speak was because of the discussion on when the clock should start on the waiting period to be eligible to apply for expungement. Mr. Klumpp is a member of the Judicial Council Criminal Law Committee and he said the committee reviewed this issue in 2020. There was recommended bill language in the final report that came from this committee. The testimony submitted by Laura Nordgren of the Judicial Council contained those reports. (Attachment 9) Mr. Klumpp responded to questions from committee members.
Chairperson Owens closed the hearing on HB2113.
Chairperson Owens provided a review of the process of working a bill. (Attachment 10)
