Approved: March 05, 2015 MINUTES OF THE HOUSE JUDICIARY COMMITTEE The meeting was called to order by Chairperson John Barker at 3:30 pm on Thursday, January 29, 2015, 112-N of the Capitol. All members were present except: Representative Mark Kahrs – 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 Janice Pauls Professor Mike Kautsch Doug Anstaett, Kansas Press Association Representative Sydney Carlin Sara Rust-Martin, Kansas Coalition Against Sexual and Domestic Violence Alecia Clemmons Angie Blumel Representative Stephanie Clayton Natalie Chalmers, Assistant Solicitor General Todd Thompson, Leavenworth County Attorney Mark Simpson, Assistant Douglas County Attorney David Garcia, Lawrence Police Department Representative Annie Kuether Debra Goodrich Bisel Chris Mechler, Office of Judicial Administration Others in attendance: See Attached List Hearing on: HB2054 — Public speech protection act. Chairperson Barker opened the hearing on HB2054. Katherine Goyette, Office of Revisor of Statutes, gave an overview of the bill. Chairperson Barker recognized Representative Janice Pauls as a proponent of HB2054. (Attachment 1). Questions were directed to Representative Pauls by Representative James Todd. Chairperson Barker then stated that he needed to step out of the meeting and turned the meeting over to Vice-Chairperson Charles Macheers. Vice-Chairperson Macheers then allowed questioning of Representative Janice Pauls by Representatives Steven Becker, Craig McPherson, John Carmichael, and John Rubin. 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, January 29, 2015, 112-N of the Capitol. Vice-Chairperson Macheers recognized Professor Mike Kautsch, who testified as a proponent (Attachment 2). Vice-Chairperson Macheers recognized Doug Anstaett of the Kansas Press Association who also testified as a proponent of HB2054 (Attachment 3). Chairperson Barker then returned to the room and directed the committee's attention to the written proponent testimony of Maxwell Kautsch (Attachment 4) and Kent Cornish, Kansas Association of Broadcasters (Attachment 5) . Chairperson Barker closed the hearing on HB2054 after seeing that there were no further conferees. Hearing on: HB2062 — Relating to blackmail and breach of privacy. Chairperson Barker opened the hearing on HB2062. Katherine Goyette, Office of Revisor of Statutes, gave an overview of the bill. Representative Sydney Carlin presented testimony in support of HB2062 (Attachment 6). Chairperson Barker then recognized Sara Rust-Martin, Legal and Policy Director of the Kansas Coalition Against Sexual and Domestic Violence, as a proponent (Attachment 7). She stated that she does have some constitutionality concerns with the bill as it is currently drafted. She has an amendment that she wants to submit to the Revisor at the end of the hearing. Representative Dennis Highberger asked the proponent about her amendment. She explained that the amendment would completely revise section 8. The language concerning nude images will be completely revised to state "an identifiable person who is at least 18 years of age who is identifiable by the image itself or information displayed in connection with the image so that it is clear who the person is and who is engaged in a sexual act or whose intimate parts are exposed." There are also four exceptions in the amendment, such as law enforcement, public interest, and a variety of other entities. Further questions were directed to Ms. Rust-Martin by Representatives Steven Becker, Craig McPherson, John Carmichael, Janice Pauls, and Blaine Finch. Chairperson Barker called on Alecia Clemmons to testify as a proponent (Attachment 8). Representative Sydney Carlin came forward and advised the committee that Ms. Clemmons would not be able to appear because her son was in a bad car accident today and she was at the hospital with him. Representative Carlin summarized Ms. Clemmons' testimony for the committee. Angie Blumel of the Metropolitan Organization to Counter Sexual Assault was recognized by Chairperson Barker as a proponent of HB2062. She testified on behalf of a survivor of sexual 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, January 29, 2015, 112-N of the Capitol. exploitation named Becky whom she has worked with. Becky's written testimony has been provided to the committee (Attachment 9). Chairperson Barker directed the committee's attention to the written testimony of Representative Stephanie Clayton (Attachment 10). Representative Clayton stepped forward and asked permission to address the committee, which Chairperson Barker allowed. Micah Kubic, Ph.D., on behalf of the American Civil Liberties Union of Kansas, provided written testimony in opposition to HB2062 a few days after the hearing (Attachment 11). Chairperson Barker closed the hearing on HB2062. Hearing on: HB2024 — Domestic battery; sentencing. Chairperson Barker opened the hearing on HB2024. An overview was given by Katherine Goyette, Office of Revisor of Statutes. Chairperson Barker called Representative Annie Kuether as the first proponent (Attachment 12). Representatives John Whitmer and Erin Davis asked questions. Chairperson Barker recognized Debra Goodrich Bisel as a proponent of HB2024 (Attachment 13) . Chairperson Barker directed the committee's attention to the written proponent testimony of Sara Rust- Martin, Kansas Coalition Against Sexual and Domestic Violence (Attachment 14), and Nancy Strouse, Judicial Council (Attachment 15). Chairperson Barker called upon Chris Mechler, Court Services Specialist, Office of Judicial Administration, to give neutral testimony on HB2024 (Attachment 16). Representative John Rubin directed questions to Ms. Mechler. Chairperson Barker closed the hearing on HB2024. Hearing on: HB2002 — Sexual exploitation of a child; definition of "sexually explicit conduct". Chairperson Barker opened the hearing on HB2002. Katherine Goyette, Office of Revisor of Statutes, gave an overview of the bill. Chairperson Barker called on Natalie Chalmers, Assistant Solicitor General, to testify as a proponent on the bill (Attachment 17). Representative John Rubin asked a question of Ms. Chalmers. Todd Thompson, Leavenworth County Attorney, provided proponent testimony on HB2002 (Attachment 18). 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 3 CONTINUATION SHEET MINUTES of the Committee on Judiciary at 3:30 pm on Thursday, January 29, 2015, 112-N of the Capitol. Mark Simpson, Assistant District Attorney, Douglas County, Kansas, testified as a proponent on the bill (Attachment 19). Representative Steven Becker had questions for Mr. Simpson. Chairperson Barker asked Representative Becker to work with the Revisor on an amendment for HB2002. Chairperson Barker recognized David Garcia, Juvenile Investigator with the Lawrence Police Department, as a proponent (Attachment 20). Chairperson Barker noted that there is written proponent testimony from Detective Robert Dean Brown, Lawrence Police Department (Attachment 21), and Detective Joseph Todd Morgan, Olathe Police Department (Attachment 22). Chairperson Barker closed the hearing on HB2002 as there were no opponents or neutrals to testify. Chairperson Barked asked if there were any bill introductions. Seeing that there were none, the meeting was adjourned at 4:50 p.m. The next scheduled meeting will be on February 2, 2015. 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 4.