Below is a list of new or re-activated (not the technical term) bills, with hearing dates when applicable. You can access all of these bills at www.kslegislature.org.
SB 279: adds people who live, work or volunteer in foster homes to definition of unlawful sexual relations (hearing was 1/17 in Senate Judiciary)
SB 280: allows expert witnesses to be called at any sexually violent predator case proceeding (not just at trial); evaluator has to tell the person being evaluated what the purpose of eval is and that it is not confidential (hearing was 1/17 in Senate Judiciary)
SB 281: removes expiration period for commission on judicial performance
SB 282: includes asset forfeiture for felony eluding (by the way, this would make the 26th ground for asset forfeiture under K.S.A. 60-4104 – and it doesn’t matter if there is a prosecution or a conviction) (hearing was 1/19 in Senate Judiciary)
SB 283: appears to make sheriffs’ civil process fee $30 for serving, executing and returning (or trying to) any writ, process, order, summons, alias, notice (and it looks like prices now are $1-$10) (hearing to be 1/25 in Senate Judiciary)
SB 285: second and subsequent violations of mis-classifying an employee as an independent contractor for purposes of avoiding tax or unemployment insurance requirements goes from a Class C nonperson misdemeanor to a SL 10 nonperson felony (hearing to be 1/25 in Senate Judiciary)
SB 290: amendments to the Addictions Counselor Licensure Act (hearing to be 1/24 in Public Health and Welfare)
SB 304: creates in the AG’s Office a batterer intervention program certification unit and a fund; also adds municipal judges as those required to “tag” cases as DV and sentence accordingly
SB 305: speedy trial statute – attributes to defendants the continuances and requests made by defense counsel even over the defendant’s objection; allows defense counsel to make such requests without consulting defendant; talks about time between motions and decisions as not counting; basically many things that take the state off the hook AND asks for these provisions to be applied retroactively to any challenges that may be made (hearing to be 1/26 in Senate Judiciary – I WILL TESTIFY if no one else wants to)
SB 306: amends intimidation of a witness statute to include acts done with the intent “to prevent the discovery of victimization or any crime” by SRS personnel or mandatory reporters (hearing to be 1/26 in Senate Judiciary)
SB 307: limiting jury instructions on lesser included crimes in felony murder cases (to be heard 1/26 in Senate Judiciary)
SB 308: amendments to criminal code (I recognize these as the Recod committee’s policy recommendations) – adds some offenses (ex. armed criminal action), changes some, etc. (and it makes the sodomy statute constitutional!)
HB 2413: allows BIDS to have access to defendants’ tax information to determine indigency (hearing was 1/18)
HB 2419: determining defendant’s indigency for purposes of appointing counsel (hearing was 1/18)
HB 2412: KS Firearms Freedom Act
HB 2422: Personal and Family Protection Act
HB 2440: creates the crime of failure to report the disappearance of a child (SL 8 NPF or Class B misd. depending on the section)
HB 2462: could proceed through a red light in certain circumstances (i.e. late at night when the green doesn’t come in a reasonable amount of time)
HB 2464: amends criminal discovery statute to prohibit release of child pornography evidence to the defense (it’s this year’s version of 2011 SB 73)
HB 2465: authorizing sentencing court to order lifetime electronic monitoring for certain sex offenders
HB 2467: creates the crimes of unlawful dissemination and possession of a depiction of a minor (it appears to make minors misdemeants for sexting or even possessing naked pictures of themselves) (hearing on 1/23 in House Corrections and Juvenile Justice - I will go watch but am not prepared to testify at this time)
HB 2468: requires defense counsel – 30 days before trial – to produce expert’s reports, witness lists and exhibits to the state (hearing set for 1/26 in Corrections and Juvenile Justice – I want someone to testify – if not me, then someone)
HB 2469: require payment of BIDS fees for parole revocation proceedings
HB 2476: prohibits carrying concealed handguns on school grounds
HB 2488: would allow insurance premium increases to be included as restitution to crime victims
HB 2494: increases statute of limitations for sexually violent offenses when victim is under 18 at the time of offense – in that case, the time starts to run on the day after the victim’s 18th birthday
HB 2496: applies the KS Law Enforcement Training Act to investigators of JJA and DOC
HB 2497: amends procedures concerning defendant’s competency to stand trial (I haven’t read this yet but I suspect it might be like 2011 HB 2334)
HB 2498: creates a mental health diversion option for county and district attorneys
Old bills that are back:
HB 2318: five-level drug grid is tentatively set for hearing 1/31 – I will be there to testify on that (last year I was a “proponent with concerns”) – but I will be seeking some additional input from my drug case experts J
HB 2330: medical marijuana (hearing set 1/24 in House Health and Human Services)
House Sub for SB 6: there is a joint meeting of Senate Judiciary and House Corrections and Juvenile Justice on 1/25 at 11:45 to discuss the DUI bill and possible changes that need to be made this year
KORA: no bill number yet, but there will be a bill to make some changes to the offender registry act that was “overhauled” last year in House Sub for SB 37
Please contact Lindsey Erickson or Dionne Scherff with Erickson Scherff, LLC at www.ericksonscherff.com if you have any questions.
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