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Minutes for HB2095 - Committee on Judiciary

Short Title

Allowing courts to prohibit possession of a firearm in a temporary custody order pursuant to the care and treatment act for mentally ill persons.

Minutes Content for Tue, Feb 2, 2021

Chairperson Patton opened the hearing on HB2095.  Natalie Scott provided an overview of the bill. (Attachment 4) She addressed questions from the membership.

Scott Schultz provided testimony in support of HB2095. (Attachment 5) Mr. Schultz stated on behalf of the Kansas Sentencing Commission. This bill allows trial courts in care and treatment of mentally ill persons cases to prohibit individuals deemed to be mentally ill from possessing firearms as part of a temporary custody order. It further provides for notice to the person and a procedure to have their rights reinstated. Mr. Schultz asked for the membership's support of the bill.

Todd Thompson provided testimony in support of HB2095(Attachment 6) Mr. Thompson explained temporarily restricting individuals suffering from a mental health crisis to possess a firearm is a good idea. In 2020 his office filed twenty-six care and treatment cases alleging that a person was a danger to themselves or others, needing to be committed for inpatient hospitalization. Of those twenty-six patients, ten patients also had pending criminal charges for violent crimes, or a history of violent criminal behavior. One patient had just been released from the Lansing Correctional Facility where he had been serving a sentence for second degree murder. Mr. Thompson strongly believes that by allowing the courts to issue an order restraining an individual in such a heightened state of mental health crisis from possessing a firearm, many lives in our community will be protected. Mr. Thompson urged the membership  to pass HB2095 as proposed.

Those testifying answered questions from the membership.

Written Proponent

Dr. Dena Hubbard, Kansas Chapter, American Academy of Pediatrics (Attachment 7)

Chairperson Patton adjourned the meet at 4:42 pm.