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Nov. 17, 2017
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Minutes for HB2069 - Committee on Judiciary

Short Title

Amending the definition of 'conviction' for applicant qualification under the Kansas law enforcement training act.

Minutes Content for Wed, Mar 15, 2017

Jason Thompson gave a brief on the bill explaining that it adds to the definition of "conviction" as used in the section of the Kansas Law Enforcement Training Act setting forth the requirements for applicants for certification under the Act, certain diversions or deferred judgments.

Chairman Wilborn introduced Representative Whitmer and expressed his intent to allow the Representative to testify in support of HB 2069 and HB 2070 so that he may attend House session.

Proponents:

Representative John Whitmer explained to the Committee what the Kansas Commission on Peace Officers' Standards and Training (CPOST) is, and then he went on to share his support (Attachment 1) for HB 2069 saying prosecutors are increasingly using both deferred judgment and diversions agreements. He said that updating the conviction definition is needed and a move he fully supports.

Representative Whitmer answered questions pertaining to a proof of citizenship requirement, the number of qualified residents denied an opportunity to be Peace Officers because of the requirement to prove citizenship, and expungement of records.  Senator Fitzgerald noted the possibility of a Federal lawsuit if an individual will not be allowed to sign an affidavit of citizenship rather than having to prove citizenship.

Michelle Meier provided support (Attachment 2) for the bill. She first explained what this bill is intended to do, and then went on to explain an issue that the Commission experienced where an individual had entered into a deferred judgment agreement in another state. She concluded by saying that there is no functional distinction between diversion and deferred judgment agreements for the purpose of meeting certification qualifications. Ms. Meier then took time to address some of the items previously discussed.

Clarification on expungement was offered. In addition issues were addressed that concerned common crimes and time frames for looking back in records.

Chairman Wilborn directed the Committee's attention to the written testimony provided by Director Kirk Thompson (Attachment 3) and Ed Klumpp (Attachment 4); both proponents of the bill.  The Chairman closed the hearing and went on to the next order of business.