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Minutes for HB2738 - Committee on Judiciary

Short Title

Requiring restitution to be due immediately unless the court orders a payment plan.

Minutes Content for Mon, Mar 16, 2020

Natalie Scott provided an overview of HB2738(Attachment 8) Ms Scott stood for questions.

Todd Butler testified in support of the bill. (Attachment 9) Mr. Butler explained a Kansas Court of Appeals opinion in State v. Taylor R. Roberts case. Her original plea agreement included agreeing to pay restitution to 9 separate entities equaling almost $50,000. Ms. Roberts appealed that order, arguing the the sentence was imposed illegally because the court did not set a payment plan at sentencing. She won the appeal at that time. Mr. Butler provided information stating the vast majority of restitution orders issued state-wide in the past 2 decades do not comply with the Roberts appeal opinion. Mr Butler stood for questions. It was clarified during questioning that the opinion was currently under review.

Chairperson Patton closed the hearing.

Chairperson Patton said the committee would try to do final action on the following bills in the meetings scheduled for the balance of the week. SB404, SB331, SB427, SB334, SB371, SB253, SB293, & HB2738.

Chairperson Patton adjourned the meeting at 5:36 pm.