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Minutes for HB2536 - Committee on Judiciary

Short Title

Providing sexual assault survivors with certain rights.

Minutes Content for Tue, Feb 8, 2022

Chairperson Patton opened the hearing on HB2536. Natalie Scott provided an overview of the bill. She stood for questions. (Attachment 1)

Chair recessed the committee at 3:35 pm to address technological issues. The committee reconvened at 3:40 pm.

Proponent

Cadence Dobias explained that she feels after hearing her story she can help in building the collective narrative on the importance of HB2536. The passage of HB2536 will take file numbers and give survivors their names back. The foundation of this bill allows for survivors' needs to be met, their justice enacted, and their resources implemented. Ms. Dobiasknows what it is like to be just a number, and knows that every Kansas survivor deserves to have their name known, story heard, and justice enacted. Ms. Dobias stood for questions. (Attachment 2)

Sabrina Sivert explained passing HB2536 will allow victims coming forward to have rights that will make the process easier and give them a better understanding that there is help out there and that they’re not alone. The fear and process a victim goes through can oftentimes be traumatic when sharing their assault. This bill would help protect the victim, help them seek proper medical care, and give them rights needed to move forward after such a traumatic time. Ms. Sivert stood for questions. (Attachment 3)

Caitlin Ryan explained survivors face immense challenges from a system that re-victimizes them when they seek basic care and justice. Ms. Ryan urged the membership to support HB2536. This bill presents an opportunity to improve conditions for survivors. Survivors everywhere deserve basic rights, such as the right to be informed of their rights as a survivor, to consult with a counselor, and to a shower at no cost after an intrusive examination. Through this bill, the committee has the opportunity to join statehouses around the country and improve conditions for the more than 592,000 survivors in Kansas. Ms. Ryan thanked the membership for their time and consideration. She stood for questions. (Attachment 4)

Flannery Houston also shared her own story of assault which is included in her written testimony. She explained HB2536 ensures that survivors of sexual assault will have the support of the criminal justice system that she never did. She thanked the membership and asked for their support of the bill. Ms. Houston stood for questions. (Attachment 5)

Written Proponent

Neutral

Rachel Marsh gave testimony from the perspective of children who fall in the category of survivor. Ms. Marsh listed three concerns the Children's Alliance of Kansas (CAK) has: 1) The definition of “survivor” may need further clarification to address the needs of minor children and youth. 2) The definition of "sexual assault counselor" may need expanded to benefit child sexual abuse survivors and to integrate HB2536 with current services offered by children’s advocacy centers. 3) Child sexual abuse often occurs within complex inter-familial dynamics; HB2536 must be considered through the lens of protecting and supporting survivors of child sexual abuse. Ms. Marsh thanked the membership for the opportunity to share the thoughts of CAK on HB2536. Ms. Marsh offered assistance to work with committee members to explore ways to strengthen this bill to ensure the safety and well-being of child survivors of sexual abuse. Ms. Marsh stood for questions. (Attachment 10)

Lindsie Ford stated HB2536 addresses some serious issues that face survivors of sexual assault in Kansas. Many of the proposed solutions included in the bill would benefit survivors. Connecting a survivor with an advocate who can help them process their experiences can dramatically increase the survivor’s chances of processing their trauma, addressing any ongoing safety concerns, and healthily moving forward with their lives. Unfortunately, some of the measures in HB2536 do not have clear implementation mechanisms. Some of the language is unclear. For example, it is unclear if the definition of an advocate would include those who provide services through a child advocacy center. These facilities provide invaluable resources to child victims of sexual assault. While her organization  strongly supports the intent of this bill, they believe that it can be drafted in a way that more clearly addresses all the needs of sexual assault survivors across the state. Ms. Ford stood for questions. (Attachment 11)

Opponent

Ed Klumpp explained his organizations five concerns with HB2536. Mr. Klumpp's written testimony explains why the five concerns of the bill will interfere with a law officer's ability to correctly do their jobs and provides additional details. Mr. Klumpp summarized by stating, even follow-up interviews with victims could be delayed while repeatedly attempting to inform the victim of these rights and while coordinating the schedule of the investigator, the victim, a counselor, an attorney, and a support person. These may delay the discovery of evidence or the ability to take the suspect into custody. To be clear, all the organizations support sexual assault victim access to trained counselors and support persons. However, requiring it to the degree suggested in this bill is, in their opinion, is out of balance with investigative needs and perhaps even some of the victim’s needs. Especially those immediately following the attack. Mr. Klump reminded the membership that it is important to remember a thorough and prompt investigation is also an important support component for victims. Mr. Klumpp stood for questions. (Attachment 12)

There were no additional conferees who wished to testify for HB2536, so Chairperson Patton closed the hearing on HB2536.