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Minutes for SB116 - 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 Mon, Mar 17, 2025
Chairwoman Warren opened the hearing on SB116.
Natalie Scott, Revisor's Office, provided an overview of the bill and stood for questions. (Attachment 11)
Proponents, In person:
Tricia Rojo Bushnell, Executive Director, Midwest Innocence Project, provided testimony in support of the bill. She stated the bill is another important step in preventing wrongful convictions and creates critical safeguards for the use of jailhouse witnesses in court. (Attachment 12)
Mark Zimmerman, Executive Director, Miracle of Innocence, provided testimony in support of the bill. He states this bill is a critical step toward ensuring fairness and transparency in our criminal legal system. Jailhouse informant testimony is one of the leading causes of wrongful convictions, often incentivized by undisclosed deals and benefits. (Attachment 13)
Lamonte McIntyre, Co-Founder of Miracle of Innocence, gave testimony in support of the bill. He stated this bill would ensure transparency and accountability, requiring prosecutors to disclose when they plan to use a jailhouse witness and to track their past involvement in cases. (Attachment 14)
Clayton Perkins, Chief Attorney, Capital Appellate Defender Office, BIDS Legislative committee Co-Chair, Kansas State Board of Indigents' Defense Services, submitted written testimony as a proponent. (Attachment 15)
Proponents stood for questions.
Megan Ahsens, First Assistant Attorney General, Major Crimes, Office of the Attorney General, provided testimony in opposition to this bill. She stated this bill would sow confusion as the majority of its provisions are already covered in existing case-law, statutes, or rules of professional conduct. (Attachment 16)
Sherri Schuck, Deputy District Attorney for Shawnee County, Kansas County & District Attorneys Association, provided testimony in opposition to the bill. She said the bill is well-intentioned but unnecessary and impractical bill. It creates an undue administrative burden, forces prosecutors to maintain unworkable records and duplicates protection that already exist under constitutional law, state statutes, and ethical guidelines. (Attachment 17)
Thomas Stanton, Reno County District Attorney, Kansas County & District Attorney Association, provided testimony in opposition to the bill. He stated this legislation is entirely unnecessary, is not good public policy and should not be passed into law by the Kansas Legislature. (Attachment 18)
Susan Hiller Richmeier, KCDDA Board Member and Finney County Attorney, provided testimony in opposition to the bill. She stated this bill reveals a list of discovery requirements already imposed upon the prosecution by stature, case law, rules of professional conduct and court rules. The statutory changes proposed by this bill are unnecessary. (Attachment 19)
Ed Klumpp, Legislative Liaison, Kansas Sheriffs' Association, Kansas Association Chiefs of Police; Kansas Peace Officers Association, provided testimony in opposition to the bill. He stated from a law enforcement perspective, they always accept information from inmates with skepticism. It is not infrequent that they provide us information leading us to the true perpetrator of serious crimes. It is important that restrictions placed on this source of information do not discourage these people from coming forward with valid information that can lead us to the perpetrator of crimes. (Attachment 20)
Opponent written testimony was submitted by the following:
- Marc Bennett, Sedgwick County District Attorney (Attachment 21)
- Steve Howe, Johnson County District Attorney, Kansas County & District Attorneys Association (Attachment 22)
Opponents stood for questions.
No further conferees.
Chairwoman Warren closed the hearing on SB116.
