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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 Thu, Mar 11, 2021

The Chairperson called for a hearing on HB2078.

Jason Thompson gave a bill brief on HB2078 as amended by the House Committee, stating that it suspends statutory speedy trial rights until May 1, 2024 in all criminal cases and provides guidelines for prioritizing trials.(Attachment 1)

Adam Proffitt submitted a fiscal report on HB2078. (Attachment 2)

Chairperson Warren gave a summary of SB57 explaining that it was the Senate version of this bill and described what has been covered in the Senate hearings.

Marc Bennett spoke in support of HB2078 explaining that following concerns raised during the hearing on the Senate version of this bill SB57, interested parties conferred and brought their suggestions to HB2078. Many of those changes have been incorporated into the House version along with a means of tracking compliance. He also explained why there was a need for a 3-year sunset on this bill rather than something shorter. (Attachment 3)

Steve Howe spoke in support of HB2078 explaining that jury trials are one of the few situations that cannot be done remotely. He addressed the need for a 3-year sunset on this bill because there is large backlog now and new cases coming into the pipeline. It is a case of workload vs. resources to address the need. Along with the issues of addressing backlog and resources comes the concern for jurors. Many jurors are senior citizens who are at a greater health risk from COVID-19. He said the courts need the time requested to meet all of these concerns. (Attachment 4)

Jeff Easter spoke in support of HB2078 explaining that suspending speedy trials will mean more people in jail for longer periods of time. This would cause more overcrowding of the jailing system, however, the alternative of turning criminals loose because their time for a speedy trial had expired is worse. If this bill is not passed, the court system in Sedgwick County would not be able to handle the influx of cases. (Attachment 5)

Jessica Glendening spoke in support of HB2078 explaining both the accused and the public share many interests in maintaining the orderly and speedy processing of our court system. The amended version of HB2078 includes language for the courts to consider when prioritizing their cases for trial. This would allow district courts to determine which cases need to be prioritized for trial and would allow defendants to assert their constitutional speedy trial rights. (Attachment 6)

There were questions and discussion.

Proponent, Written

 

The hearing was closed.