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Minutes for HB2516 - Committee on Corrections and Juvenile Justice
Short Title
Requiring an offender who raises error in such offender's criminal history calculation for the first time on appeal to show prejudicial error, requiring the journal entry used to establish criminal history to be attached to the criminal history worksheet and authorizing the court to correct an illegal sentence while a direct appeal is pending.
Minutes Content for Tue, Feb 1, 2022
Chairperson Owens opened the hearing on HB2516. Natalie Scott provided an overview of the bill. (Attachment 1) There were no questions for Ms. Scott.
Natalie Chalmers stated the goal of this bill is to limit claims on appeal that a defendant's criminal history score is incorrect when there is no record to establish the validity of the claim and to encourage defendants to pursue challenges to their criminal history through a motion to correct an illegal sentence at the district court. Her testimony was in support of this bill. (Attachment 2) There were no questions for Ms. Chalmers.
Clayton Perkins stated this bill makes several important amendments to current laws affecting sentencing of people convicted of criminal offenses. Because this bill advances the goals of ensuring correct sentences and provides procedures by which the goals may be achieved in the district and appellate courts, the Kansas Association of Criminal Defense Lawyers supports this bill for passage. (Attachment 3) There were no questions for Mr. Perkins.
Spence Koehn stated that the Office of Judicial Administration did not take a position on the policy implications of this bill, but wanted to draw to the committee's attention to the potential increased cost and time this proposal may have on the preparation of the presentence investigation report. (Attachment 4) Mr. Koehn stood for questions.
There were no opponent conferees.
The Chairperson closed the hearing on HB2516.
