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Minutes for SB420 - Committee on Corrections and Juvenile Justice
Short Title
Eliminating the element of concealment from the crime of breach of privacy related to installing or using a device to photograph or record another identifiable person under or through the clothing being worn by that other person or another identifiable person who is nude or in a state of undress.
Minutes Content for Thu, Mar 7, 2024
The Chair opened the hearing on SB420. Natalie Scott provided an overview of the bill. (Attachment 1)
Tim Liesmann, Wabaunsee County Attorney testified in support of the bill. He said they are asking to remove two words from the statute - the words "concealed" and "secretly". Doing so would advance this statute into modern times and accommodate technology changes. Today there are cameras that are so small they do not need concealment as well as cameras that are naturally built into everyday objects that someone can claim are not concealed and that their recordings are not secret. (Attachment 2)
Jan Jarman, Assistant City Attorney testified in support of the bill. She said the Breach of Privacy law has been a useful tool in prosecuting cases where concealed cameras are used to film a person in a state of undress, but it has fallen short in situations where the victim cannot see the recording device, but the device is not actually concealed. (Attachment 3)
Lieutenant Aaron Moses testified in support of the bill. He said their investigators have encountered instances where the current requirement for the camera to be concealed has hindered the progress of investigations. He shared a recent situation that illustrated the issue. (Attachment 4)
Written only proponent testimony was submitted by:
- Ed Klumpp, Kansas Sheriffs' Association, Kansas Association of Chiefs of Police, Kansas Peace Officers Association (Attachment 5)
- Michelle McCormick, Executive Director, Kansas Coalition Against Sexual and Domestic Violence (Attachment 6)
The Chair closed the hearing on SB420. The meeting was adjourned at 1:48 PM.
