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Minutes for HB2131 - Committee on Judiciary
Short Title
Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward related information to the Kansas bureau of investigation.
Minutes Content for Thu, Jan 30, 2025
Chair Humphries opened the hearing on HB2131.
Jason Thompson, Office of the Revisor of Statutes, presented the bill brief of HB2131, known as the Pete Coones Memorial Act.(Attachment 1)
Proponent Jean Phillips, Attorney, Midwest Innocence Project, testified that HB2131 is an important step in preventing wrongful convictions and creates critical safeguards for the use of jailhouse witnesses in court. (Attachment 2)
Proponent Bay Scoggin, State Policy Advocate, Innocence Project, testified that HB2131 is another important step in preventing wrongful convictions involving jailhouse witness testimony. This legislation doesn't stop the use of jailhouse witnesses, it simply implements safeguards and transparency surrounding their testimony to help prevent wrongful convictions. (Attachment 3)
Proponent Floyd Bledsoe, Private Citizen, shared his experience of being wrongfully convicted and spending 16 years in prison. (Attachment 4)
Proponent Olin (Ben) Coones, Private Citizen, spoke for his father who was wrongfully convicted, spent 13 years in prison, exonerated, but died 108 days afterward due to cancer that was never diagnosed or treated because of his lack of rights. The family learned later that his case involved a jailhouse informant, but that information was never given to defense attorneys. The family supports the bill, hoping it will honor their father's wishes by having a positive impact on future innocents and their families. (Attachment 5)
Proponent Quinn Coones testified that his father was big proponent of truth and believed that the courts would do him right. In his death, the family believes passing this law can make a positive change in how information is shared, with the hopes that other families will not need to suffer through situations like theirs. (Attachment 6)
Chair Humphries called attention to the two Proponent Written Only testimonies.
Clayton Perkins, Chief Attorney, Capital Appellate Defender Office, Kansas State Board of Indigents' Defense Services Legislative Committee Co-Chair (Attachment 7)
Melody Bitzer, Private Citizen (Attachment 8)
Opponent Megan Ahsens, First Assistant Attorney General - Major Crimes, testified that the majority of the provisions covered in this bill are already covered in existing caselaw, statutes, or rules of professional conduct. The additional element of a centrally kept registry of witness information would increase the risk of exposure of sensitive personal information to those who could wish them harm. (Attachment 9)
Opponent Mike Kagay, District Attorney, 3rd Judicial District, testified that Line 18-20 are different than bills in any other state. The bill, as written, is largely redundant and may not do the job intended. This bill adds unnecessary procedural hurdles that will complicate legitimate prosecutions without providing meaningful protections. (Attachment 10)
Opponent Marc Bennett, District Attorney, 18th Judicial District, testified that this legislation is unnecessary because it recodifies what attorneys are already required to do and seeks for an expenditure of funds for a new database without evidence that such an expenditure would accomplish the goal sought. (Attachment 11)
Chair Humphries asked Tony Mattivi, Director of the Kansas Bureau of Investigation, to share his thoughts about a data breach in the database kept by the Kansas Bureau of Investigation. He shared that they have thus far been successful in protecting their information from outside breach, however, budget has been stripped this year which would have provided enhancements to Information Technology security. No written testimony submitted.
Opponent Steve Howe, District Attorney, 10th Judicial District, testified on behalf of the Kansas County & District Attorneys Association. He shared six concerns about HB2131, as outlined in his testimony. (Attachment 12)
Opponent Susan Richmeier, Finney County Attorney, 25th Judicial District, testified that codification becomes overly burdensome, especially for smaller county prosecutors who do not have access to electronic case management systems. Her testimony covers ten concerns. She concluded by sharing that all parties are interested parties want to do what's right, but opposing sides sitting down to hammer out wording may be beneficial. (Attachment 13)
Chair Humphries pointed out the two Opponent Written Only testimonies:
Ed Klumpp, Kansas Sheriffs Association, Kansas Association of Chiefs of Police, Kansas Peace Officers Association (Attachment 14)
Todd Thompson, Leavenworth County Attorney, 1st Judicial District (Attachment 15)
Chair Humphries closed the hearing on HB2131 at 5:09pm and adjourned the meeting.
