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Minutes for SB73 - Committee on Judiciary
Short Title
Adding domestic battery and violation of a protection order to the crimes that a person can have the intent to commit when committing burglary or aggravated burglary.
Minutes Content for Tue, Jan 31, 2023
Chairwoman Warren opened the hearing on SB73.
Jason Thompson, Senior Assistant Revisor, provided an overview of the bill and stood for questions. (Attachment 3)
William F. Hurst IV, Assistant District Attorney, Johnson County District Attorney's Office, provided testimony in support of SB73. He stated he has observed several situations where a criminal defendant should have faced a burglary charge but a loophole within the statute shielded the defendant from the charge. Mr. Hurst provided examples in his testimony. (Attachment 4)
Aaron Breitenbach, Deputy District Attorney of the Eighteenth Judicial District, on behalf of Marc Bennett, District Attorney, provided testimony in support of SB73. He stated they join the Kansas County and District Attorneys Association in asking the State of Kansas to better protect victims of domestic violence and prior abuse from those who seek to further harm or terrorize them in their homes, businesses and vehicles.(Attachment 5)
Ed Klumpp, Legislation Liaison, Kansas Association of Chief's of Police, Kansas Sheriffs Association, and the Kansas Peace Officers Association, provided testimony in support of SB73. Domestic battery continues to be a major crime of violence and violations of protection order are too often an ingredient in these crimes. He stated the changes proposed in this bill will not apply to every domestic battery occurring within a structure, vehicle, etc., the offender must have no authority to enter the space, plus enter with the intent to commit one of the listed crimes in the bill. (Attachment 6)
No questions were presented.
No opponent or neutral testimony was submitted.
Chairwoman Warren closed the hearing on SB73.
