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Minutes for HB2534 - Committee on Corrections and Juvenile Justice

Short Title

Defining exhibition of speed or acceleration offense.

Minutes Content for Mon, Feb 5, 2018

Jenna Moyer gave an overview of HB2534. The Committee had questions and comments.

Ed Klumpp testified on behalf of Kansas Association of Chiefs of Police, Kansas Sheriffs Association, and Kansas Peace Officers Association in support of HB2534 which will clarify the statute concerning exhibition of speed or acceleration. (Attachment 1)

The Committee had questions and comments.

Greg Smith testified on behalf of the Johnson County Sheriff's Office in support of HB2534 stating while most people understand what this offense is, currently is not defined in K.S.A. 8-1565, instead, it is recognized more along the standard established in 1964 in the United States Supreme Court case of Jacobellis v. Ohio when Justice Potter Stewart stated, "But I know it when I see it." Smith said the bill provides needed clarity for the offense of exhibition of acceleration. (Attachment 2)

The Committee had questions and comments.

Doug Taylor testified on behalf of the League of Kansas Municipalities in support of HB2534 which is in response to a recent decision by the Kansas Supreme Court in State v. Sharp, 305 Kan.1076 (2017) in which the Court reversed Sharp's convictions, holding that the officer involved did not have the required reasonable suspicion to make a traffic stop, because K.S.A. 8-1565 was unconstitutionally vague with respect to what constituted an exhibition of speed or acceleration. (Attachment 3)

The Committee had questions and comments.

The Committee asked Robert Gallimore to provide additional information on HB2534. Gallimore sent an email to the Committee members with supporting documents. (Attachment 4)

Chairperson Jennings called for final questions from the Committee and then closed the hearing.