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Minutes for HB2299 - Committee on Corrections and Juvenile Justice

Short Title

Making changes to mitigating factors used by court in granting a departure sentence.

Minutes Content for Fri, Feb 22, 2019

Julie Donelon testified in support of HB2299 on behalf of Metropolitan Organization to Counter Sexual Assault. Ms. Donelon expressed the legislation would correct a significant disparity in judicial discretion regarding sex crimes against Kansas children. (Attachment 2)

Representative Cindy Holscher testified in support of HB2299. Representative Holscher stated the bill is designed to close that loophole in sexually violent crimes involving victims who are minors under the age of consent. While it is difficult to label any victim as an aggressor in case, minors who are abused by adults should not be put in that category. (Attachment 3)

Representatives Carmichael, Highberger, and Delperdang had comments and questions.

Written testimony in support of HB2299 was submitted by Lesa Patterson-Kinsey (Attachment 4) and Sara Manriquez (Attachment 5).

Jessica Glendening testified in opposition of HB2283 and HB2299 on behalf of Kansas Association of Criminal Defense Lawyers (KACDL). KACDL believes the departure factor in K.S.A. 21-6815(c)(l)(A) is a relevant sentencing consideration for a judge in select cases. It is not a defense to a criminal charge and it does not negate a victim's status as a victim. They would note that it is used sparingly by judges, as documentation indicates it was accepted as a departure factor twice in fiscal year 2018.(Attachment 6)(Attachment 7)

Representative Carmichael and Smith had comments and questions.

Chairperson Jennings called for final questions from the Committee and then closed the hearings on HB2283 and HB2299.