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Minutes for HB2073 - Committee on Corrections and Juvenile Justice
Short Title
Clarifying timing of claiming error on appeal, who can commit sodomy in certain cases and how defendants are charged for expenditures by the board of indigents' defense services.
Minutes Content for Tue, Feb 5, 2019
Natalie Scott gave an overview of HB2073.
Representatives Highberger and Carmichael had questions and comments.
Assistant Solicitor General Natalie Chalmers testified in support of HB2073 on behalf of the Office of the Attorney General. Solicitor Chalmers proposed the bill fixes three issues that have arisen from recent Kansas Supreme Court cases: 1) the proposed language puts prosecutors on clear notice of the case law so another reversal will not occur; 2) ensuring that challenges to a defendant’s criminal history score must either occur during the direct appeal or through the use of K.S.A. 22-3504; 3) to end numerous remands to the district courts because of an insufficient inquiry into the defendant’s ability to pay BIDS (Board of Indigents' Defense Services) fees at the time the defendant is sentenced. (Attachment 1)
Representatives Highberger and Carmichael had questions and comments.
Jennifer Roth testified in opposition of HB2073. Ms. Roth stated two parts of HB2073 that concerned her: 1) changing the process for determining an indigent defendant’s payment of BIDS reimbursement fees and 2) changing what sentencing issues can be raised for the first time on appeal. (Attachment 2)
Chairperson Jennings called for final questions from the Committee and then closed the hearing.
