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Minutes for SB296 - Committee on Judiciary
Short Title
Allowing evidence of failure to use a safety belt to be admissible in any action for certain purposes.
Minutes Content for Wed, Feb 7, 2018
Chairman Wilborn opened the hearing on SB296 - Allowing evidence of failure to use a safety belt to be admissible in any action for certain purposes. Jason Thompson provided an overview of the bill. (Attachment 1)
Eric Stafford spoke in favor of SB296 stating he believes jurors should be allowed to know whether the seat belt law has been followed in the case of an accident since the legislature has required seat belt use. (Attachment 2)
Scott Richburg supported SB296 noting that the seat belt is the single most important safety device in a vehicle. He would like jurors to know all the facts and be trusted to determine if the evidence is relevant to the case being heard. (Attachment 3)
Chris Sorenson commented in support of SB296 indicating the current Kansas law would prevent a judge from telling jurors if seat belts were worn at the time of an accident. He would like jurors to have all relevant evidence to prevent the occurrence of a double recovery of restitution as has happened in certain cases. (Attachment 4)
Bill Sneed gave support for SB296 and commented that the current statute resulted from a Kansas Supreme Court ruling which found the legislature should determine how evidence of wearing a seat belt should be handled in court; the make up of the legislature at that time resulted in the current prohibition on entering seat belt evidence. (Attachment 5)
The Chairman noted written testimony in support of SB296 submitted by Marlee Carpenter of the Kansas Association of Property and Casualty Insurance Companies (Attachment 6) and by Brad Smoot for The American Insurance Association. (Attachment 7)
Proponent conferees answered questions from committee members.
Callie Denton opposed SB296 giving examples of other limitations on allowable evidence and voicing her concern that the bill would change a rule of evidence which is in place to ensure fair trials. Ms. Denton pointed out that 26 other states have statutes limiting the use of seat belt evidence similar to the current Kansas statute. (Attachment 8)
Blake Shuart spoke against SB296 commenting that wearing a seat belt does not affect how an accident occurred. He explained that before each trial the judge rules on what facts can be discussed and which cannot to ensure a fair trial. He gave examples of other inadmissible evidence. (Attachment 9)
Opponent conferees answered questions from the committee.
Chairman Wilborn closed the hearing on SB296.
