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Minutes for HB2191 - Committee on Judiciary

Short Title

Amending the procedure for execution of a search warrant for electronically stored information.

Minutes Content for Tue, Feb 12, 2019

Natalie Scott, Assistant Revisor, provided an overview of HB2191.  Ms. Scott addressed questions from the membership. (Attachment 12)

Kim T. Parker testified in support of HB2191 saying this measure narrowly amends K.S.A. 22-2503 as it concerns the ability to allow the transfer of electronically stored information lawfully seized by a Kansas court ordered warrant, anywhere inside or outside the State of Kansas for further examination and review. This proposed amendment is the product of input, evaluation and consideration of specially selected committee of Kansas prosecutors and Kansas law enforcement who daily work recovering evidence of crime that is stored electronically. (Attachment 13)

Detective Dean Brown testified in support of HB2191 saying it specifically addresses timing and location of digital examinations. It is focused to address ambiguities and not to increase the authority of the government to infringe on the rights of its citizens. Currently the search warrant statute, with certain exceptions, does not allow searches conducted outside of the 96 hour time limit and does not allow the search to occur outside of the jurisdiction of the authorizing magistrate or district judge who issued the warrant. While a large majority of the state interprets this to mean that as long as items containing digital evidence are under the government's control within 96 hours of the issuance of a search warrant and seized within the jurisdiction of the issuing judge, any subsequent examination of the digital evidence stored within the device can occur outside of the 96 hour limit and occur outside of the jurisdiction of the signing judge. (Attachment 14)

Both conferees stood for questions from the membership.

Ed Klumpp provided written testimony in support of HB2191. (Attachment 15)

Chairperson Patton closed the hearing on HB2191.