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Minutes for HB2293 - Committee on Judiciary

Short Title

Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward related information to the Kansas bureau of investigation.

Minutes Content for Tue, Mar 14, 2023

Chairwoman Warren gave welcome as a point of personal privilege for 3 pages in our committee room today.  Introduced by Senator Corson was Johnny Honnold and introduced by Senator Warren was Charlotte Warren and Sydney Huber.

Chairwoman Warren opened the hearing on HB2293.  Jason Thompson, Revisor's Office, provided an overview of the bill and stood for questions. (Attachment 1)

Tricia Rojo Bushnell testified in support of HB2293. She stated HB2293 is another important step in preventing wrongful convictions and creates safeguards for the use of jailhouse witnesses in court.   (Attachment 2)

Clayton Perkins gave testimony in support of HB2293.   He stated HB2293 provides for express disclosure requirements and further protections when the prosecution utilizes a jailhouse witness.   (Attachment 3)

Written-only testimony in support of HB2293 was submitted by Michael Austin, Legislative Director, Americans for Prosperity Kansas. (Attachment 4)

The Proponents stood for questions.  Senator Wilborn asked if anyone from KBI had a position on the bill after noting there was not testimony from the agency on this bill.  Chairwoman Warren invited Robert Jocobs, KBI to the podium.  Mr. Jacobs responded that the KBI did not submit testimony on this bill because the agency believes it is a policy decision for the Legislature and does not have an opinion on the merits of the bill.  He did note that the bill would result in a fiscal impact to the KBI if enacted.

Chris McMullin testified in opposition of HB2293.  He stated close examination of changes proposed in HB2293 reveals a list of discovery requirements already imposed upon the prosecution by statue, case law, rules of professional conduct and court rules. He also advised the committee that they are in active discussions with the proponents of this bill in hope of finding a satisfactory resolution.   (Attachment 5)

Written-only testimony was submitted in opposition of HB2293 by Marc Bennett, District Attorney, Eighteenth Judicial District.  (Attachment 6)

Conferees stood for questions.

There being no further conferees, the hearing on HB2293 was closed.