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Minutes for SB60 - Committee on Judiciary
Short Title
Prohibiting second and successive motions and ineffective counsel claims in habeas corpus actions and providing for direct appeal to the supreme court in habeas corpus appeals filed by inmates sentenced to death.
Minutes Content for Wed, Feb 5, 2025
Chairwoman Warren opened hearing on SB60
Natalie Scott, Revisor's Office, provided an overview of the bill and stood for questions. (Attachment 1)
Proponents, In person:
Kris Ailslieger, Deputy Solicitor General, Office of the Attorney General, provided testimony in support of SB60. He stated this bill seeks to address the increasing number of repetitive, unmeritorious post-conviction motions filed under K.S.A. 60-1507, which burden the court system and consume valuable judicial and prosecutorial resources. (Attachment 2)
Aaron Breintenback, Deputy District Attorney, on behalf of Marc Bennett, District Attorney, 18th Judicial District and the Kansas County and District Attorneys Association, provided support for the bill with suggested amendment changes. Curbing the filing of repetitive, meritless post-conviction motions will reduce unnecessary strain on the courts and prosecutors. Ultimately this reform will benefit the rare cases with legitimate claims by eliminating the backlog of frivolous filings. (Attachment 3)
The proponents conferees stood for questions and discussion.
Clayton Perkins, Board of Indigents' Defense Services (BIDS), provided testimony in opposition to this bill. He stated this bill will cause more wrong convictions and sentencings to remain uncorrected. SB60. This bill damages the right to effective defense counsel in Kansas. (Attachment 4)
Jean K. Gilles Phillips, Connell Teaching Professor | Clinical Professor | Director Clinical Programing | Director Project for Innocence, University of Kansas School of Law on behalf of Kansas Association of Criminal Defense Lawyers, states our criminal system must be built on truth, accuracy, and fairness, To meet those goals, there must be a process in place to correct error. I urge you to reject SB60. (Attachment 5)
Tricia Rojo Bushnell, Executive Director of the Midwest Innocence Project, testified in opposition to the bill. She states the proposed changes will result in the continued incarceration of the innocent. Further, SB60 does not allow for innocence to overcome procedural bar, and if it did, the bill imposes a higher standard to establish a gateway innocence claim than that of any other jurisdiction, including other states and the federal system. (Attachment 6)
Written only testimony was submitted in opposition to SB60 by Rebecca Woodman, Attorney. (Attachment 7)
The opponent conferees stood for questions and discussion.
No further conferees.
Chairwoman Warren closed the hearing on SB60.
