April 01, 2015 MINUTES of the HOUSE JUDICIARY COMMITTEE

Approved: April 01, 2015

MINUTES OF THE HOUSE JUDICIARY COMMITTEE

The meeting was called to order by Chairperson John Barker at 3:30 pm on Thursday, February 19, 2015, 112-N of the Capitol.

All members were present except: Representative Randy Powell – Excused Representative Erin Davis – Excused Committee staff present: Lauren Douglass, Legislative Research Department Robert Allison-Gallimore, Legislative Research Department Katherine Goyette, Office of Revisor of Statutes Jason Thompson, Office of Revisor of Statutes Connie Bahner, Kansas Legislative Committee Assistant Conferees appearing before the Committee: Representative Gail Finney Sara Rust-Martin, Kansas Coalition Against Sexual and Domestic Violence Ronald Nelson Others in attendance: See Attached List

Hearing on: HB2147 — Amending the protection from abuse act and protection from stalking act to establish the protection from stalking and sexual assault act. Chairperson John Barker opened the hearing on HB2147. Katherine Goyette, Office of Revisor of Statutes, provided an overview of the bill.

Chairperson Barker recognized Representative Gail Finney as a proponent of HB2147 (Attachment 1).

Sara Rust-Martin, Kansas Coalition Against Sexual and Domestic Violence, testified as a proponent of HB2147 (Attachment 2). Questions were directed to the proponent by Representatives Craig McPherson, Janice Pauls, Leslie Osterman, Mark Kahrs, Kyle Hoffman, and Dennis Highberger.

Chairperson Barker directed the committee's attention to the written testimony of Jessie Funk (Attachment 3) and Kathy Williams (Attachment 4).

Chairperson Barker then recognized Ronald Nelson as an opponent to HB2147 (Attachment 5). Questions were asked of Mr. Nelson by Representatives Kyle Hoffman, Annie Kuether, Dennis Highberger, and John Carmichael.

Chairperson Barker closed the hearing on HB2147 after seeing that there were no other opponents and no neutrals to the bill.

Possible action on bills previously heard

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 1 CONTINUATION SHEET MINUTES of the Committee on Judiciary at 3:30 pm on Thursday, February 19, 2015, 112-N of the Capitol.

HB2115 - Criminal history classification; counting of prior driving under the influence offenses when a person is convicted of aggravated battery while driving under the influence

Chairperson Barker asked the committee to open their folders on HB2115. Katherine Goyette, Office of Revisor of Statutes, gave an overview of the bill.

Representative John Whitmer moved to pass HB2115 favorably, seconded by Representative Travis Couture-Lovelady.

Chairperson Barker advised that he has an amendment (Attachment 6).

Chairperson Barker moved to pass the amendment to HB2115 , seconded by Representative James Todd.

Katherine Goyette, Office of Revisor of Statutes, gave an overview of the amendment. Questions were asked by Representatives Kyle Hoffman, Dennis Highberger, Mark Kahrs, and John Carmichael.

After some discussion, Chairperson Barker asked Representative Whitmer to withdraw his motion to pass HB2115 to give the committee time to review the amendment over the weekend.

Representative John Whitmer withdrew the motion to pass HB2115 , with the consent of the second, Representative Travis Couture-Lovelady. The motion to pass HB2115 was withdrawn.

Vice-Chairman Charles Macheers requested a copy of the sentencing grid.

HB2221 - Grand juries; summoning; jury instructions; witnesses

Chairperson Barker asked the committee to open their folders on HB2221. Katherine Goyette, Office of Revisor of Statutes, gave an overview of the bill.

Representative Mark Kahrs moved to report HB2221 favorably for passage, seconded by Representative John Rubin.

Representative James Todd stated he was not convinced that there was a need for the individual to be present when the instructions are given. He will vote against the bill.

Representative John Rubin stated that the purpose of the bill is for the individual who signs the petition for the citizen grand jury to be present to ensure that the instructions are actually given. He supports HB2221.

Representative Steven Becker thinks a judge can influence a jury with how he gives the instructions

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 2 CONTINUATION SHEET MINUTES of the Committee on Judiciary at 3:30 pm on Thursday, February 19, 2015, 112-N of the Capitol. and add other instructions. He feels it is important for the petitioner to be there when the instructions are given.

Representative Janice Pauls agreed with Representative Becker and said that she was aware of a judge in Reno County who rolled his eyes, raised his eyebrows and made other facial expressions during the arguments made by defense counsel in some criminal cases. Those things are not noted in the official record by the court reporter, but they certainly can influence the jury. She, too, thinks the petitioner should be present when instructions are given. She supports HB2221.

Representative Mark Kahrs thinks there are some situations with judges that are hostile to citizen grand jury statute so he believes HB2221 is important and necessary. He requests the committee to support the bill. A vote was taken, and HB2221 passed favorably.

The meeting was adjourned at 4:35 p.m. The next meeting is scheduled for February 23, 2015.