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Minutes for HB2228 - Committee on Judiciary
Short Title
Requiring law enforcement agencies to adopt a policy regarding submission of sexual assault evidence kits and allowing evidence collection at child advocacy centers or other facilities.
Minutes Content for Mon, Feb 15, 2021
Chairperson Patton opening the hearing on HB2228. Natalie Scott provided an overview of HB2228. (Attachment 1) Ms. Scott stood for questions for the from the membership.
Proponents
Robert Jacobs provided testimony in favor of HB2228. (Attachment 2) HB2228 will address recommendations proposed through the Kansas Sexual Assault Kit Initiative (SAKI) as well as amend provisions within K.S.A. 65-448 that are outdated and do not follow national best practices regarding sexual assault evidence collection. Additionally, HB2228 will seek to provide better access to sexual assault examinations and treatment for victims of sexual assault who have to travel significant distances to be examined and to have sexual assault evidence collected by specially trained forensic nurses and medical staff. He gave examples of the problems with the current process being used with Sexual Assault Kits and the KBI being able to utilize the information these kits provide. He also discussed national best practice associated with the kits. Mr. Jacobs along with the Kansas Bureau of Investigation recommends the passage of this bill.
Michelle McCormick stated the Sexual Assault Kit Initiative eliminated the backlog of untested sexual assault kits by causing all to be identified, submitted, and tested. (Attachment 3) HB2228, if enacted, will put in place a system to prevent the backlog from happening again. HB2228 would ensure proper policy is adopted and that any sexual assault kit (SAK) connected to the report of a sexual assault is submitted within 30 business days to one of three Kansas forensic laboratories, or to another accredited forensic laboratory, for testing. She recommends passage of this bill.
Representative Aaron Coleman (Attachment 4) urged the members of the committee to protect some of the most vulnerable and defenseless in our society by voting YES on HB2228 and to make sure victims receive the justice they deserve in a timely manner before another serial perpetrator re-offends before the first kit is ever even tested.
Juliane Walker (Attachment 5) explained it is imperative that every child victim of abuse be given the opportunity to receive a medical examination by a specially trained medical provider, and forensic evidence collection in acute cases, following a report of abuse. In cases where a sexual assault evidence collection kit is collected in a case of child abuse, there needs to be assurance that the kit be submitted in a timely manner to the appropriate forensic laboratory for evaluation. Ms. Walker appeared before the committee today as a proponent of House HB2228.
Morgan Stebens, on behalf of The Kansas Chapter of International Association of Forensic Nursing (Attachment 6) stated HB2228 will help to ensure that all sexual assault kits are tested in a timely manner and therefore will help to prevent backlog of cases and kits accumulated in the state of Kansas. This will ensure that their evidence is secured and handled properly and in a timely manner. In Kansas, a sexual assault victim has the ability and right to have an exam performed with or without reporting to law enforcement. This bill will help to ensure that the survivor’s evidence will be preserved as they consider their reporting options.
Greg Smith, Special Deputy for Government Affairs, Johnson County Sheriff's Office (Attachment 7) stated this bill is the next step in solving more crimes of this type. Evidence from Sexual Assault Kits has been used to solve multiple crimes thanks to inputting qualifying profiles into the CODIS data bank. Not just in Kansas but in other states as well. The bill is the product of the Kansas Sexual Assault Response Advisory Committee (K-SARAC). By using the best practices outlined in this bill crime victims will be better served, and public safety will be enhanced.
Kathy Ray testified in support of HB2228 (Attachment 8) stating the bill accomplishes critical improvement to Kansas' response to sexual assault. The Kansas Coalition Against Sexual and Domestic Violence worked collaboratively on the Kansas Sexual Assault Kit Initiative (SAKI), and now the Kansas Sexual Assault Response Advisory Committee (K-SARAC). These state-level efforts involve all stakeholders in sexual assault response with the purpose of facilitating cross-discipline collaboration and improving practices in sexual assault response that increase victim safety and offender accountability.
Victoria Pickering testified in support of the bill asking the membership to consider the merits of HB2228. (Attachment 9) This bill would ensure that when a survivor chooses to have an exam and chooses to report the sexual assault to law enforcement, that kit will be submitted to the lab and it will be tested. This bill does not guarantee prosecution or justice, but it does send a strong message of hope to survivors throughout the state of Kansas. This bill tells survivors that we take their trauma seriously.
All of the bill's proponents stood for questions from the committee membership.
Chairperson Patton directed the membership to look at the written testimony that has been provided.
Written Proponent
- Ross Capps, Laboratory Director, Johnson County Sheriff's Office Criminalistics Laboratory (Attachment 10)
- Kathy Williams, Executive Director, Wichita Area Sexual Assault Center, Inc`(Attachment 11)
- Steve Howe, Johnson County District Attorney & Barry Wilkerson, Riley County Attorney, KS County and District Attorney's Assn. (Attachment 12)
- Kirk Thompson, Kansas Bureau of Investigation (Attachment 13)
- Cole Presley & Nelson Mosley Kansas Sheriffs Association & Kansas Association of Chiefs of Police.(Attachment 14)
No other proponent, neutral, or opponent testimony was available. Chairperson Patton closed the hearing on HB2228.
