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Minutes for SB374 - Committee on Judiciary
Short Title
Amendments related to driving under the influence, including testing, administrative penalties and criminal penalties.
Minutes Content for Mon, Feb 12, 2018
The Chairman opened the hearing on SB374 - Amendments related to driving under the influence, including testing, administrative penalties and criminal penalties. Jason Thompson provided an overview of the bill and answered questions from the committee. (Attachment 7)
Aaron Breitenbach spoke in favor of SB374 citing it as a comprehensive response to court cases surrounding driving under the influence (DUI) statutes in recent years. (Attachment 8)
Greg Benefiel, McPherson County Attorney, had planned to address the committee in support of SB374 but could not do so due to illness. (Attachment 9)
Ann Henderson supported SB374 and commented on difficulties that arise when a DUI violation in another state is not considered to be one in Kansas. She also noted sections in the bill that address the growing problem of drugged driving. (Attachment 10)
Kim Parker gave support for SB374 listing the areas to which the bill brings clarification or correction of important concerns. Ms. Parker asked the committee to recognize that much thought and consideration lies behind the language of the bill. (Attachment 11)
Amanda Stanley supported the entirety of SB374 and pointed out sections of particular interest to her organization. She believes the bill will address necessary constitutional issues and provide needed clarity for municipalities. (Attachment 12)
Chairman Wilborn pointed out written testimony submitted in favor of SB374 from Natalie Chalmers, Assistant Solicitor General, Office of the Attorney General. (Attachment 13)
Proponent conferees answered questions from committee members.
Jay Norton opposed SB374 referencing the sense of chaos surrounding DUI cases in recent years with courts waiting to see what other courts would do. After recent Supreme Court rulings at the state and federal level, he believes issues remain because the rulings addressed only 4th Amendment rights and other amendments may apply. From his perspective it is possible this bill would extend confusion and the injustice that results. He expressed concern about the possibility of drivers being found in violation of the law when they are no longer under the influence of a drug but tests indicate its presence because their bodies have not yet fully metabolized the substance. (Attachment 14)
Patrick Dunn spoke in opposition to SB374 and expressed his concern that the bill could have more negative effects than positive. (Attachment 15)
Opponent conferees answered questions from the committee.
The Chairman asked committee members to note written testimony opposing SB374 submitted by Doug Wells, Topeka attorney. (Attachment 16)
Chairman Wilborn closed the hearing on SB374.
The meeting was adjourned at 12:07 p.m.
