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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 Tue, Mar 16, 2021
Chairperson Patton opened the hearing on SB4. Natalie Scott provided an overview of the bill. (Attachment 1)
Proponent
Scott M. Schultz testified in support of SB4. (Attachment 2) He stated the Commission does not believe one size fits all for this crime. In some instances, it is currently possible to receive a greater sentence by cutting off an electronic monitoring device than that of the underlying offense. Even violations while on misdemeanor supervision subject the offender to a severity level 6 felony. Making the crime tiered to the severity of the underlying crime will make violations more proportional to the underlying offenses. The current severity level 6 designation places this crime with offenses such as aggravated battery, aggravated assault, and indecent solicitation of a child, which are typically associated with more significant harm to the community.
Proponent Written
Jennifer Roth on behalf of Kansas Association of Criminal Defense Lawyers (Attachment 3)
Neutral
Ed Klumpp provided neutral testimony for SB4. (Attachment 4) Mr. Klumpp's associations have opposed bills similar to this in the past when they proposed lower penalties for tampering with a monitoring device. However, they are taking a neutral position in light of the consistency presented with the proposed penalties to the escape statute. Mr Klumpp has within his written testimony a recommendation for an amendment and asked the committee to consider it.
Chairperson Patton asked if there were any addition individuals wanting to provide testimony. Being none, he closed the hearing on SB4.
