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Minutes for HB2226 - Committee on Judiciary

Short Title

Requiring certain criminal convictions to be expunged from an offender's record automatically.

Minutes Content for Mon, Feb 8, 2021

 

Chairperson Patton opened the hearing on HB2226.  Natalie Scott provided an overview of the bill. (Attachment 6) Ms. Scott stood for questions.

Mark A. Depree testified in support of HB2226(Attachment 7) Mr. Dupree stated the people who call his office wanting expungements are hoping to achieve better housing, better employment, better stability in their lives. That is exactly what automatic expungement would do for Kansans: make it easier to take the next step towards becoming productive members of Wyandotte County and the State of Kansas. Automatic expungement would help not only the specific individuals, but also our community as a whole. It is with this background and knowledge that he offer's his support for HB2226.

Wesley McKain testified in support of HB2226(Attachment 8) Mr. McKain stated he believed the thoughtful and careful implementation of automatic expungement in Kansas is the most efficient solution to help remove this barriers for our residents and allow past offenders to function as full members of their communities. Mr. McKain thanked the committee for the opportunity to testify today.

Kendall Seal testified in support of HB2226(Attachment 9) Ms. Seal stated HB2226 offers much needed and long overdue reform that will have tremendous benefits for people that have touched the criminal legal system, by removing unnecessary barriers to reentry and allowing people a greater opportunity to thrive in Kansas.

Marilyn Harp testified in support of HB2226(Attachment 10) Ms. Harp stated Kansas Legal Services has worked on behalf of their low income clients to reduce the burdens that being poor has placed on their lives. One significant burden is having a criminal record. This limits employment and housing opportunities. Even public housing is barred to those with criminal convictions, despite the length of time that has transpired since completion of the sentence. Employers often ask about criminal convictions and bar hiring of anyone with a record, without regard to the seriousness of the crime or the time that has passed since the conviction. Ms. Harp asked for the memberships support in passing HB2226.

The proponents all stood for questions.

Proponents Written

  • Aker Quentin, City Prosecutor, El Dorado Kansas (Attachment 11)
  • Barry R. Grissom, Attorney (Attachment 12)
  • John Jenks, Director of Public Policy, The Greater Kansas City Chamber of Commerce (Attachment 13)
  • Marcia Harrington, Sr Dir, Business Retention & Workforce Solutions, Wyandotte Economic Development Council  (Attachment 14)

 

Neutral Written

  • Leslie Moore, Information Services Division Director, Kansas Bureau of Investigation (Attachment 15)

 

Todd Thompson testified in opposition to HB2226(Attachment 16) Mr. Thompson stated expungements are a process for a person to seal their criminal record. The State of Kansas has made this possible for certain cases for the past forty years. There are many things a person must do to qualify for an expungement, including completing all the Court required orders, paying off monetary fees and restitution, and not committing any further crimes. Expungements can be denied for many reasons, including facts and circumstances based on an issue pertinent to the public. HB2226 creates a new process that removes any incentive for people to reform, stay clean, and move on from their past. It makes it an automatic. Going through this process should remain an important role for people, so they feel successful. Expungements needs to remain an accomplishment and not a guarantee.

Britain D. Stites testified in opposition to HB2226(Attachment 17) Mr. Stites stated HB2226 will hurt the already tight budgets of municipalities. This bill requires cities to hire more staff to implement this bill or forces them to redirect efforts from other required duties. In addition to the court’s duties, the Legal Department would need to hire additional staff and an attorney to aid with these reviews. Attorneys must ethically review matters in expungements. Otherwise, they would do a disservice to their communities. Since the defendants would not be filing a petition, the cities must conduct investigations into every single one of those 8,900 cases from 2020 come 2023. Mr. Stites explained numerous other issues documented in his written testimony that were forthcoming problems if HB2226 were to be passed and become statute.

Amanda Stanley testified in opposition to HB2226(Attachment 18) Ms. Stanley stated while HB2226 purports to create automatic expungements after three years for the conviction and related arrest records of violations of city ordinances and various convictions at the district court level, the process created in HB2226 is anything but automatic. It shifts all responsibility and expense for the filing of petitions of expungement to the city and county, resulting in a massive unfunded mandate. Ms. Stanley explained while making the process of obtaining an expungement easier is a noble and well-interned goal, this legislation is not the way to accomplish it. If the legislature would like to make expungements easier, there are other ways such as creating user-friendly forms so that defendants would not need the assistance of counsel to get an expungement or waiving filing fee requirements.

Shawn DeJarnett testified in opposition to HB2226(Attachment 19) Mr. DeJarnett, on behalf of the City of Derby, thanked the membership  for the opportunity to testify in opposition to HB2226 which would require city prosecutors to initiate expungement proceedings for the majority of municipal court convictions. Mr DeJarnett stated not only would this requirement significantly burden the time and operation of city prosecutors and municipal courts it also creates conflicts for city prosecutors in their ethical standards and statutory obligations to victims of crime. 

All of the opponents stood for questions from the membership.

 

Opponent Written

  • Daniel Yoza, Assistant City Attorney, City of Olathe (Attachment 20)
  • Mayor Paula Schwach, City of Westwood Hills (Attachment 21)
  • Andres M. Delaney, City Prosecutor, Hiawatha City Attorney (Attachment 22)
  • Stephen B. Angermayer, City Attorney and Municipal Prosecutor, City of Frontenac and City of Girard (Attachment 23)
  • Ted Collins, Hiawatha Municipal Judge, on behalf of Wathena Municipal Judge Highland Prosecutor (Attachment 24)
  • Brandon Jones, President, Kansas County and District Attorney's Association (Attachment 25)
  • Sheriff Jeffrey Easter, Sedgwick County, KS Sherriff's Association, KS Assoc. of Chiefs of Police, KS Peace Officers Assoc. (Attachment 26)
  • Ryan Dixon, Presiding Judge, City of Overland Park (Attachment 27)
  • Melissa Rundus, Chief Prosecutor, City of Manhattan (Attachment 28)

Chairperson Patton closed the hearing on HB2226

Representative Burris requested withdrawal of the bill request RS1001 which was made at the beginning of the meeting.

Chairperson Patton adjourned the meeting at 5:30 p,m.