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Minutes for HB2385 - Committee on Corrections and Juvenile Justice
Short Title
Creating an inference of an intent to distribute a controlled substance based on the quantity of the substance possessed instead of a rebuttable presumption.
Minutes Content for Thu, Feb 15, 2024
The Chair opened the hearing on HB2385. Natalie Scott provided an overview of the bill. (Attachment 1)
Tom Stanton testified as a proponent of the bill on behalf of the Kansas County and District Attorneys Association. Mr. Stanton explained the current phrase "rebuttable presumption" shifts an amount of the burden of proof to the defendant which raises questions on the constitutionality of the statue as in the case of State v. Dominic Holder, which he argued before the Kansas Supreme Court. He further explained most prosecutors don't present cases relying on this rebuttable presumption, however this bill would clarify the burden of proof remains solely on the prosecutor. (Attachment 2)
Natalie Chalmers, Office of the Attorney General testified as a proponent of the bill. Ms. Chalmers explained the second section of the bill would correct the use of the word "presumption" in all statutes it is used in against the defendant by adding additional jury instructions when there is a presumption or inference against the defendant. Ms. Chalmers also suggested an amendment which she included in her written testimony. (Attachment 3)
Written only neutral testimony was submitted by Christy Molzen, Staff Attorney, Kansas Judicial Council. (Attachment 4)
The Chair closed the hearing on HB2385.
