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Minutes for SB4 - Committee on Judiciary

Short Title

Modifying the criminal penalties for unlawfully tampering with electronic monitoring equipment.

Minutes Content for Wed, Jan 27, 2021

Jason Thompson gave a bill brief of SB4 explaining that it changes the criminal penalty for unlawfully tampering with electronic monitoring equipment.(Attachment 1)

Adam Proffitt submitted the fiscal note for SB4. (Attachment 2)

Scott Schultz submitted the prison bed space assessment for SB4(Attachment 3)

Proponent, Oral

Scott Schultz gave testimony in support of SB4 explaining the bill would add two tiers of penalties based on the severity level of the charge that brought on the monitoring (Attachment 4). The current severity is a level 6: nonperson felony. The new levels would be a:

  • severity level 8: nonperson felony in the cases of electronic monitoring equipment used pursuant to court-ordered supervision or as a condition of post release supervision or parole for any felony; and
  • class A nonperson misdemeanor: in the cases of electronic monitoring equipment used pursuant to court-ordered supervision or as a condition of post release supervision or parole for any misdemeanor or used pursuant to court-ordered supervision in any civil case.

Proponent, Written

  • Jennifer Roth, Kansas Association of Criminal Defense Lawyers (Attachment 5)

There was no discussion and no opponent testimony.

Neutral, Oral

Ed Klumpp gave neutral testimony on SB4 explaining that his organizations have been opposed to this bill in the past but there have been changes in the wording to change their opinion. He explained that, usually, when someone removes a monitor, it is because the person wants to do something the person is not supposed to do. Reducing penalties for removing a monitors reduces the effectiveness of the punishment. (Attachment 6)

There was discussion and then the hearing was closed.