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Minutes for HB2190 - Committee on Corrections and Juvenile Justice
Short Title
Clarifying successive motions, new evidence and time limitations for habeas corpus claims.
Minutes Content for Mon, Feb 8, 2021
Chairperson Jennings opened the hearing on HB2190.
Natalie Scott, Assistant Revisor, gave an overview of HB2190. (Attachment 1) The revisor stood for questions.
Scott Schultz, Executive Director, Kansas Sentencing Commission, submitted a HB2190 Prison Bed Impact Assessment for Committee review. (Attachment 2)
Natalie Chalmers testified in support of HB2190 delivering an overview of the bill’s three goals. (Attachment 3) Questions presented by the Committee were addressed.
There was no neutral testimony.
Testimony submitted by Jean Phillips, Elizabeth Cateforis, and Alice Craig was presented by Jean Phillips in opposition of HB2190. Ms. Phillips testified there are gatekeeping provisions that already exists in the statute and by rule. Changes to the statute will not stop repeat filers and will only prevent creditable claims of innocence from being heard. (Attachment 4)
Tricia Rojo Bushnell testified in opposition of HB2190 citing examples of wrongfully convicted defendants who were exonerated and would have been precluded from filing based on changes and restrictions in HB2190. Ms. Rojo Bushnell stated HB2190 will cause the State to argue procedural issues rather than getting to the merits of the defendants claim further ensuring wrongfully convicted people are barred from proving their innocence. (Attachment 5)
Both opponent testimony participants responded to questions from the Committee.
Chairperson Jennings called for final questions from the Committee.
The hearing on HB2190 was closed.
