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Minutes for HB2606 - Committee on Judiciary
Short Title
Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.
Minutes Content for Tue, Feb 13, 2024
Chairperson Humphries opened the hearing on HB2606
Natalie Scott provided an overview of HB2606. She stood for questions.(Attachment 1)
Proponents
Representative Owens spoke in support of HB2606 by stating the bill is able to ensure individual liberty without allowing those guilty of crimes to receive ill-gotten gains. (Attachment 2)
Daniel Burrows, Attorney General's office, spoke in support of HB2606. He noted the current system allows for abuse and requires much oversight. (Attachment 3)
Sam MacRoberts, Kansas Justice Institute, spoke in support of HB2606 by noting it encourages the seizure of assets from innocent persons. He provided instances of asset seizure being abused. (Attachment 4)
Greg Glod, Americans for Prosperity, spoke in support of HB2606. He stated assets were seized from innocent individuals. He noted the great cost of retrieving seized property. (Attachment 5)
Tony Mattivi, Director, Kansas Bureau of Investigation, spoke in support of HB2606. He noted the legislation would serve to protect due process. (Attachment 6)
The proponents stood for questions.
Proponent Written Only Testimony
Glen Burdue, Constituent (Attachment 7)
Tim Tarkelly, Legislative Director, Libertarian Party of Kansas (Attachment 8)
Sheriff (Ret.) Currie Meyers, Johnson County Sheriff's Office (Attachment 9)
Rashane Hamby, American Civil Liberties Union (Attachment 10)
Neutral Written Only Testimony
Colonel Erik Smith, Kansas Highway Patrol Superintendent (Attachment 11) (Attachment 12) (Attachment 13)
Opponents
Jeff Easter, Kansas Sheriff's Association, spoke in opposition to HB2606. He noted claims of wrongful seizure are difficult to prove. He stated he agreed with much of the bill, but found the provision requiring law enforcement agencies to pay for all fees incurred was intolerable. (Attachment 14)
Darrell Atteberry, Kansas Association of Chiefs of Police, testified in opposition to HB2606 by objecting to the provision requiring law enforcement to pay a claimant who has prevailed in court. (Attachment 15)
Paul Schliffke, Kansas Peace Officers Association, spoke in opposition to HB2606 by objecting to the provision requiring law enforcement to pay for the attorney fees of a claimant should they prevail. (Attachment 16)
Edward James Bain, Kansas Racing and Gaming Commission, spoke in opposition to HB2606 by stating it would be impractical for gambling law. (Attachment 17)
Opponent Written Only Testimony
Amanda Stanley, City Attorney, City of Topeka (Attachment 18)
Michael Koss, City Attorney, City of Overland Park (Attachment 19)
Chairperson Humphries closed the hearing on HB2606.
The meeting was adjourned at 5:04 P.M.
