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Minutes for HB2048 - Committee on Corrections and Juvenile Justice
Short Title
Clarifying the definition of comparable offense under the Kansas criminal code.
Minutes Content for Mon, Feb 18, 2019
Natalie Scott gave an overview of HB2048.
Representatives Smith, Delperdang, and Jennings had questions and comments.
Executive Director Scott Schultz testified in support of HB2048 on behalf of the Kansas Sentencing Commission. Director Schultz stated under this bill, the following is considered for the purposes of determining whether an out-of-state offense is comparable to a corresponding Kansas offense for criminal history purposes: 1. the name of the out-of-state offense; 2. the elements of the out-of-state offense; and 3. whether the out-of-state offense prohibits similar conduct to the conduct prohibited by the closest approximate Kansas offense. (Attachment 1)
Representatives Kuether, Highberger, Carmichael, and Jennings had questions and comments.
District Attorney David Lowden testified in a neutral position of HB2048 on behalf of Marc Bennett, District Attorney of Sedgwick County. Mr. Lowden stated it is highly unlikely the people of Kansas expect those who commit violent felony offenses in other states and then re-offend in Kansas to be treated more leniently than offenders who commit similar or lesser prior offenses here in Kansas. And yet, that is precisely what is happening. (Attachment 2)
Representatives Highberger and Carmichael had comments and questions.
Assistant District Attorney Jacob Gontesky testified in a neutral position on HB2048 on behalf of Stephen Howe, District Attorney of Johnson County. Mr. Gontesky said long-term, the Kansas Legislature should consider adopting a system that focuses on incarcerating the most dangerous in society, and is both legally simple to implement, and efficiently utilizes state resources. The idea underlying this proposal is to separate the prior criminal history (potential for recidivism), from the nature of those crimes. (Attachment 3)
Kim Parker testified in neutral position of HB2048 on behalf of the Kansas County and District Attorney's Association. Ms. Parker urged the Committee to adopt the more specific language, the expanded verbiage attempts to clarify the ambiguity of the term “comparable” by using descriptive words and phrases commonly used and understood in criminal laws across the nation and clearly distinguish between person and non-person offenses. (Attachment 4)
Representative Jennings asked a question about the proposed amendment in Kim Parker's testimony that Aaron Breitenbach with the Sedgwick County District Attorney's Office answered.
Written only testimony in a neutral position of HB2048 was submitted by Natalie Chalmers on behalf of the Office of the Attorney General. (Attachment 5)
Clayton Perkins, Kansas Association of Criminal Defense Lawyers testified in opposition of HB2048 on behalf of the Kansas Association of Criminal Defense Lawyers. Mr. Perkins stated the bill injects unnecessary language into K.S.A. 21-6811 that is unconstitutional and would only create more confusion. (Attachment 6)
Representative Carmichael requested some examples of the retro-activity on cases Mr. Perkins suggested. Mr. Perkins will sent out an email to the Committee. (Attachment 11)
Chairperson Jennings called for final questions from the Committee and then closed the hearing.
