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Minutes for HB2076 - Committee on Judiciary

Short Title

Clarifying that bond agents seeking discharge as a surety are required to return the person released on bond to the court in the county where the complaint subject to the bond was filed.

Minutes Content for Wed, Jan 27, 2021

Chairperson Patton opened the hearing on HB2076.  Natalie Scott provided an overview of the bill. (Attachment 1) Ms. Scott stood for questions.

Proponent

Sheriff Jeff Easter testified in support of HB2076(Attachment 2) Sheriff Easter stated the Kansas Sheriff’s Association is a proponent of this bill including the amendments made last year. The KSA believes the bonding agent who posted the bond is responsible for transporting the inmate back to the county where the inmate is charged. This expense should be the responsibility of the bonding agent who posted the bond and was able to secure the inmate being released from jail. There are expenses to county jails that include paying for two deputies to safely transport the inmate, fuel and vehicle maintenance. KSA believes this expense should be the responsibility of the bonding agent. Sheriff Easter thanked the membership and asked for their consideration of the bill.

Shane Rolf testified in support of HB2076(Attachment 3) Mr. Rolf stated the Kansas Bail Agents Association has no problem with requiring bondsmen to transport a defendant they have arrested to the appropriate jail wherein the underlying case is taking place and they support language to that effect. While there are certain outlier scenarios where this restriction could be a problem, they think that these scenarios are even rarer than the scenario this change would prevent and those alternate situations would create the same level of confusion for law enforcement that we are trying to avoid with this proposed change. Mr. Rolf and KBAA support the statutory change requested by the Sheriff's Association and do no foresee any real problem with the bill moving forward.

Both conferees stood for questions.

Written Proponent

Jay Hall, Legislative Policy Director and General Counsel, Kansas Association of Counties. (Attachment 4) 

Chairperson Patton closed the hearing.