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Minutes for SB419 - Committee on Judiciary

Short Title

Amending the crime of aggravated endangering a child to increase the criminal penalties when bodily harm to the child results and when a child is in certain environments associated with fentanyl-related controlled substances.

Minutes Content for Tue, Feb 6, 2024

Chairwoman Warren opened the hearing on SB419.

Jason Thompson, Senior Assistant Revisor, provided an overview of the bill and stood for questions.(Attachment 1)

Kris Kobach, Kansas Attorney General, provided testimony in support of the bill. He states our law enforcement partners have seen drug crises before, and based on their experiences, and the  Attorney General's Office the fentanyl crisis hasn't yet peaked.  He urges you to pass this bill to protect children and to provide prosecutors with additional tools to combat fentanyl.(Attachment 2)

Vic Braden, Deputy Attorney General's testimony states SB419 addresses a gap in our current aggravated endangering a child statute. This bill appropriately adds any fentanyl-related controlled substance to the statute, and reflects this era's drug crisis. (Attachment 3)

Steve Howe, Johnson County District Attorney supports SB419.  This bill will allow us to hold people accountable for the reckless conduct towards Kansas children (Attachment 4).  

Greg Smith - provides testimony on behalf of Chris Farkes, an undercover agent assigned to Northeast Kansas Drug Task Force.  This testimony provided several situations he has been involved with.  He is asking the committee to include fentanyl as an element of K.S.A. 21-5601 to assist law enforcement and prosecutors in holding people accountable for knowingly placing children in dangerous situations. (Attachment 5)

Chief Darrell Atteberry is here representing Kansas Association of Chiefs of Police; Kansas Sheriffs Association; Kansas Peace Officers.  He stated the associations support SB419. They are seeing more fentanyl-related deaths and don't see an end in sight.  They urge the committee to move this bill forward favorably.(Attachment 6)

The Conferees stood for questions and responded to questions from the Committee members.

Proponent written-only testimony was submitted by Bob Stuart, Executive Officer, Kansas Bureau of Investigation.(Attachment 7)

Opponent written-only testimony was submitted by James Bales, Board of Indigents' Defense Services. (Attachment 8)

No further testimony.

Chairwoman Warren closed the hearing on SB419.

Jeff Wagaman Introduced members in the audience, Kansas Association of Addiction Professionals. They treat individuals with drug addictions. Chairwoman thanked them for the work they do.