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Minutes for HB2064 - Committee on Judiciary
Short Title
Clarifying that a law enforcement officer taking a person before a judge for violating the uniform act regulating traffic does not make charging decisions.
Minutes Content for Tue, Jan 29, 2019
Natalie Scott, Assistant Revisor, provided an overview of HB2064 and addressed questions. (Attachment 1)
Amanda Stanley, League of Kansas Municipalities, testified in support of HB2064. Ms. Stanley stated law enforcement officers do not make charging decisions. If, as a matter of public policy, this statute is going to be a mandatory arrest statute, we ask the legislature clean up the wording to make it clear when a law enforcement officer must arrest by rewording K.S.A. 8-2104(a) to state: When a person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways not amounting to a felony, the person shall be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in K.S.A. 8-2106(d), and amendments thereto, if: (1) Such person demands an immediate appearance before a judge; or (2) the law enforcement officer believes there is sufficient evidence for such person to be charged with a violation of K.S.A. 8-1567 and 8-1568, and amendments thereto. (Attachment 2)
