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Minutes for HB2281 - Committee on Judiciary
Short Title
Providing that a court order modifying a criminal sentence only modifies the portion of the sentence referenced by the court and not remaining portions of the original sentence.
Minutes Content for Tue, Feb 19, 2019
Natalie Scott, Assistant Revisor, provided an overview of HB2281. She addressed questions from the membership. (Attachment 10)
Kim T. Parker testified in support of HB2281 stated this bill was introduced by one of their members, Reno County Assistant District Attorney Thomas Stanton. She explained Mr. Stanton prepared HB2281 to address a recent decision Kansas Court of Appeals State v. Jones __ Kan App.2d_,433 P.3d 193 11/20/2018. In this case, the district court reduced the defendant’s prison term but made no ruling as to any other aspect of the original sentence. The Kansas Court of Appeals found that because the court did not mention the defendant’s post release supervision term the court had by its silence modified the post release term to no post release supervision term. HB2281 amends K.S.A.22-3716 to require any modification made to a defendant’s sentence to be on the record. The court still maintains the discretion to modify the sentences but any change to the sentence will be clearly stated on the court record. Ms. Parker stood for questions. (Attachment 11)
Thomas R. Stanton, Deputy District Attorney, Reno County District Attorney's Office submitted written testimony is support of HB2281. (Attachment 12)
Chairperson Patton closed the hearing on HB2281.
