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Minutes for HB2557 - Committee on Judiciary
Short Title
Prohibiting the denial of a petition for expungement of a juvenile offense due to the petitioner's inability to pay outstanding costs, fees, fines or restitution and authorizing expungement if the juvenile has not committed an offense in the previous two years.
Minutes Content for Mon, Feb 7, 2022
Chairperson Patton continued the combined hearing for HB2556 and HB2557. Those conferees who were present to provide testimony for only HB2557 were invited to testify.
Proponent HB2557 only
Kristina Kersey stated without access to expungement, juvenile court collateral consequences can impede and potentially foreclose future positive opportunities for youth. The Gualt Center acknowledges and appreciated the progress that HB2557 provides to Kansas Youth. They support the following provisions of HB2557: 1) Removing the ability of the court to require that all court costs, fees, and restitution be paid prior to expungement. 2) Amending the period of consideration for prior offenses from "since the final discharge of the juvenile to "in the past two years" for conviction of a felony. 3) Removing misdemeanors and traffic offense convictions and adjudications as a bar to expungement. However, we urge this committee to consider the following amendments to strengthen this bill: 1) Elimination of the $176 docket fee. 2) Deletion of the consideration of (c) "the circumstances and behavior of the petitioner warrant expungement" as it is vague and susceptible to bias and arbitrariness. 3) Deletion of petitioner's "unwillingness" to pay as a factor in consideration of expungement as it is vague and susceptible to bias and arbitrariness. 4) Provide counsel to youth post-disposition for issues including expungement. Ms. Kersey said point 4 is important but not necessary. Ms. Kersey thanked the membership for the opportunity to testify and she stood for questions. (Attachment 12)
Lindsey E. Smith explained the Juvenile Law Center advocates for rights, dignity, equity and opportunity for youth in the child welfare and justice systems. They have released three major reports on juvenile records. In their 2016 report "Future Interrupted: The Collateral Damage Caused by Proliferation of Juvenile Records", they urged that children be allowed to grow up unfettered by their childhood mistakes--to have their court involvement remain in the past so they can move forward with their lives. Research confirms, and the law has repeatedly recognized, that youth have the capacity for change and rehabilitation. Expanding access to expungement of juvenile records will remove a major barrier to youths' success and help them reach the milestones of young adulthood. Ms. Smith explained a couple of amendments for HB2557. Those explanations are in the details of her written testimony. Ms. Smith thanked the membership for the opportunity testify and she stood for questions. (Attachment 13)
Jaimie Cavanaugh stated the Institute for Justice strongly supports section (d)(2) HB2557, which provides in part that: "the court shall not deny the petition for expungement due to the juvenile's inability to pay outstanding costs, fees, fines, or restitution." She asked that if improvements were made to the bill that the membership, please consider that HB2557 only applies to juveniles and given that this bill excludes many serious infractions, this Committee should consider making expungement an automatic process. Doing so would only require the Committee to amend the bill to remove the "unwillingness" language in section (d)(2) and the following two sections: 1) Courts may consider whether "the circumstances and behavior of the petitioner warrant expungement[.]" Section (e)(1)(C). 2) "Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner. Section (d)(3). Ms. Cavanaugh thanked the membership for the opportunity to testify and she stood for questions. (Attachment 14)
Written Proponent HB2557 only
- Mike Fonkert, Campaign Director, Kansas Appleseed (Attachment 15)
- Rachel Marsh, CEO, Children's Alliance of Kansas (Attachment 16)
Chairperson closed the hearings on HB2556 and HB2557.
