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Minutes for HB2078 - Committee on Judiciary
Short Title
Suspending statutory speedy trial rights until May 1, 2024, in all criminal cases filed prior to the effective date of this act and eliminating such rights in any criminal case filed on or after the effective date of this act.
Minutes Content for Tue, Jan 26, 2021
Chairperson Patton opened the hearing on HB2078. Natalie Scott provided an overview of the bill. (Attachment 3) Ms. Scott stood for questions.
Proponent
Marc Bennett provided testimony in support of HB2078. (Attachment 4) Mr. Bennett explained in conferring with other prosecutors around the state, there are thousands of cases awaiting trial currently in Kansas. Because not all cases are in the same posture, he asked for numbers related only to cases that have been arraigned and were ready for jury trial as of January 21, 2021. Butler County - 86, McPherson County - 45, Dickinson County - 12, Pottawatomie County - 11, Finney County - 35, Reno County - 121, Franklin County - 35, Riley County - 92, Geary - 95, Sedgwick - 468, Johnson County - 400-500, Shawnee County - 647, Lyon County - 62, Sumner County - 18, and Leavenworth County - 163. In addition to the numbers listed, many counties have hundreds more cases that have been filed but not yet arraigned (Reno: 200+; Lyon: 90-100; Sedgwick 1,896), as well as stacks of cases ready to file with no space in the system to file the case (ex: Finney: 350; Butler 100+). Many counties have a single judge to handle all their cases, while also attending to the other business of the court, from traffic dockets, to divorce proceedings to civil matters, further limiting the number of days each week the judge can handle criminal cases. The raw numbers above do not tell the whole story. The severity of the crimes impacts not only the number of jurors necessary to handle the backlog, but also who is qualified to handle the backlog. Not every defense attorney handles murder cases or child sex cases. He commented, "How many such trials can an attorney be expected to competently handle in one year?"
Marc Bennett provided a lot of detail and a compelling case regarding the impact that COVID restrictions had on districts, counties, and the states ability to proceed with thousands of cases across the state. His attached testimony includes additional supporting details and proposed solutions.
Brandon Jones testified in support of HB2078 (Attachment 5) stating it is KCDAA's sincere hope that this committee will see the unprecedented need for amending K.S.A. 22-3402 in light of the Covid-19 global pandemic. Also, that this committee will see the issues with this statute aside from the pandemic. Mr. Jones' association is seeking a sensible solution to an issue created by forces beyond their control with the aim of making sure justice continues to be served and community safety continues to be a top priority in the state of Kansas.
Sheriff Jeff Easter testified in support of HB2078 (Attachment 6) stating the proposed language in the bill would stay the statutory speedy trial until May 1, 2024 for all cases already on file at the time of passage of this legislation. Kansas Sheriff's Association understands that this bill could cause more overcrowding of the jailing system; however, the alternative would be even worse. Currently, the Sedgwick County Jail is housing 1498 inmates, most of which are charged with felony crimes. Of the 1498 inmates, 113 are charged with some form of murder. If this bill is not passed and speedy trial is re-enacted, the court system in Sedgwick County could not handle the influx and several of these inmates would have to be released and charged again at a later point. During the pandemic the State of Kansas has been faced with numerous tough decisions. KSA supports this bill as written and asks the legislature to stay speedy trial until May of 2024. Sheriff Easter thanked the membership for their consideration and the opportunity to provide testimony on this bill.
The proponents stood for questions.
Written Proponent
- Greg Smith, Sheriff's Liaison/Special Deputy Sheriff, Government, Veteran, and Crime Victim Affairs (Attachment 7)
- Steve Howe, District Attorney, 10th Judicial District (Attachment 8)
- Natalie Chalmers, Assistant Solicitor General, Office of the Attorney General (Attachment 9)
Opponent
Jessica Glendening testified as an opponent to HB2078. (Attachment 10) Ms. Glendeding provided reference to previous statutes, The Federal Bill of Rights, statutes within the Constitution. and previous court cases, that all speak to the reason that HB2078 is not good legislation. Her written testimony provides all the details on her in person testimony.
Austin Spillar testified as an opponent to HB2078. (Attachment 11) Stating this bill is an affront to the constitutional tights of all Kansans. The right to a speedy trial is in our state and federal constitutions. Suspending these constitutional rights until 2024 will only exacerbate the systemic inequalities and racism within the criminal legal system. We acknowledge the very real challenges faced by our courts and the criminal justice system during this pandemic. But stripping people of their constitutional rights is never the answer. People will lose their jobs and family budgets will be decimated by this approach. Mr. Spillar continued on by saying this bill does not comport with the legislature's expressed desire to prioritize the continuation of essential government services during this pandemic. Courts have an obligation to minimize health risks to the public, which includes risks to persons charged with criminal offenses and imprisoned Kansans.
The opponents stood for questions.
Written Opponent
- Nick Reinecker, Constituent (Attachment 12)
Chairperson Patton adjourned the meeting at 5:19 pm.
