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Minutes for HB2224 - Committee on Federal and State Affairs

Short Title

Expanding the definition of "infectious disease" in certain statutes related to crimes in which bodily fluids may have been transmitted from one person to another.

Minutes Content for Thu, Feb 11, 2021

Chairperson Barker opened the hearing on HB2224.  Matt Sterling, Revisor of Statutes, provided an overview on the bill (Attachment 1).  Questions were asked by Representatives Houser, Highberger, and Jacobs.

Chairperson Barker recognized Ed Klumpp as a proponent on HB2224 (Attachment 2).  He stated that this bill provides for court-ordered testing for infectious diseases of an individual exposing a corrections officer, emergency services employee, law enforcement employee or juvenile correctional facility staff to bodily fluids.  It is needed because people in those professions are occasionally exposed to body fluids of drug users and other persons at high risk of infectious disease.  When exposures occur, it is critical to the health of those exposed to identify if the exposure was from a person who truly has an infectious disease and allows quick treatment to avoid or control infection, as well as avoids unnecessary treatment if the person is found not to have an infectious disease.

Chairperson Barker recognized Farah Ahmed as a proponent of the bill (Attachment 3).  A question was asked by Representative Hoye.

John Goodyear testified as a proponent on HB2224 (Attachment 4).  The League of Kansas Municipalities supports expanding the definition of infectious disease as a measure to help protect law enforcement officers across the state.

Chairperson Barker directed the Committee's attention to the written proponent testimony of Mik Shanks, Kansas State Lodge Fraternal Order of Police (Attachment 5) and Robert Wing, Kansas State Council of Fire Fighters (Attachment 6)

Chairperson Barker recognized Thomas Witt as an opponent to HB2224 (Attachment 7).  Questions were asked by Representatives Woodard, Penn, and Howe.  The conferee stated that if there was an amendment striking HIV aids from the statute, his organization would have no objection to HB2224.

Chairperson Barker directed the Committee's attention to the written opposition testimony of Max Iverson, Kansas Association of Criminal Defense Lawyers (Attachment 8)

In answer to an earlier question, the Revisor stated that there are three circumstances under which the court will order a test:  If the victim of the crime requests it; the county or district attorney requests it; or the person arrested and charged with a crime states to the law enforcement officer making the arrest that they are infected with an infectious disease. 

There being no further conferees, Chairperson Barker closed the hearing on HB2224.  He stated that this bill could be worked tomorrow.