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Minutes for HB2144 - Committee on Corrections and Juvenile Justice

Short Title

Requiring an offender who raises error in such offender's criminal history calculation for the first time on appeal to show prejudicial error.

Minutes Content for Tue, Feb 9, 2021

Chairperson Jennings opened the hearing on HB2144.

Natalie Scott, Assistant Revisor, gave an overview of HB2144(Attachment 1) The revisor responded to questions from the Committee.

Natalie Chalmers testified in support of HB2144 stating the purpose of this bill is to restrict claims on appeal that a defendant's criminal history score is wrong where there is no record to support the claim, and to allow defendants to contest their criminal history records in district court via a motion to correct an illegal sentence. Following the request for introduction for this bill, Ms. Chalmers held discussions with Clayton Perkins of the Kansas Association of Criminal Defense Lawyers who proposed several amendments that significantly help this bill and would support. (Attachment 2)

Questions from the Committee were addressed. Ms. Chalmers stated she was willing to work with Clayton Perkins and the revisor’s office to get the amendment language to the committee.

The was no opponent testimony.

Clayton Perkins testified as presently neutral to HB2144 but would be supportive of HB2144 if it includes the amendments as discussed in testimony. (Attachment 3)

Questions from the Committee were addressed.

Chairperson Jennings called for final questions from the Committee.

The hearing on HB2144 was closed.

 

The next Committee meeting will on Thursday, February 11, 2021.

The meeting adjourned at 2:07 p.m