TOPEKA, Kan. — A brand new Kansas legislation means sweeping adjustments to how the state handles crime.
Kansas Governor Laura Kelly held a ceremonial invoice signing for Senate Invoice 60 on Thursday. The legislation went into impact July 1, and offers with all the pieces from penalties for intercourse crimes to site visitors violations.
“We have now a duty to take a tough take a look at the legal guidelines now we have had on the books for years,” Kelly stated.
The governor was joined by a number of different state leaders and Kansas legislation enforcement officers. Some supporters stated the legislation is a a lot wanted step in reforming the state’s felony justice system, after a slew of considerations over a number of points this previous 12 months.
“It’ll promote security and respect on our highways, in our courtrooms, in our houses, and even by our smartphones,” the governor defined.
BANNING MENTAL HEALTH EVALUATIONS FOR CRIME VICTIMS
Amongst many adjustments, the legislation bans courts from requiring psychological or psychiatric examinations for crime victims, which often happens in instances coping with rape. Leavenworth County Legal professional Todd Thompson, stated it’s a problem he’s seen many victims face.
“Are you able to think about being a sufferer, notably a toddler, to have the braveness to come back ahead and admit that they had been perpetrated on… more often than not by a household or beloved one, or somebody they actually belief… and once they come ahead, they’re compelled to have a psychological analysis? Not the perpetrator, not the suspect, however them.”
Todd Thompson, Workplace of the Leavenworth County Legal professional
SEXUAL BATTERY OF A SPOUSE IS NOW ILLEGAL
The invoice amends the definition of the crime of sexual battery to take away the factor
requiring the crime be dedicated in opposition to a sufferer “who just isn’t the partner of the offender.” Earlier than the change, sexual battery of a spouse was authorized within the state.
The legislation additionally creates the crime of “sexual extortion,” which may additionally embrace revenge porn. An individual might land on the intercourse offender record if convicted.
A similar bill was beforehand launched earlier this 12 months, throughout legislative session. Its sponsor, Hesston Consultant Stephen Owens stated he wished to get the invoice debated immediately. Owens pointed to freshman Kansas Metropolis Consultant Aaron Coleman’s admitting to revenge porn earlier in life as one more reason to get the invoice on the ground early.
“I assumed it was much more prudent that it was launched this 12 months early on contemplating the person that was elected from Kansas Metropolis that truly has a historical past of any such exercise,” Owens stated.
INCREASED PENALTIES FOR FLEEING A LAW ENFORCEMENT OFFICER
One other change is to site visitors violations, like fleeing or eluding a police officer.
Earlier this 12 months, one other lawmaker, former Senate Majority Chief Gene Suellentrop was charged with a number of offenses whereas driving under the influence, two of which embrace driving down the flawed aspect of the freeway and fleeing a police officer. A listening to is scheduled for the Wichita senator subsequent month.
Shawnee County District Legal professional Mike Kagay reassured the public, that the DUI case in opposition to Kansas Senate Majority Chief Gene Suellentrop shall be dealt with similar to different violation.
“Completely, I believe that’s what now we have to do,” Kagay stated. ” And that must be the expectations of the group we serve.
Senate Invoice 60 will increase the penalty for fleeing or eluding a police officer, whereas driving down the wrong-side of the freeway, together with different “evasive maneuvers” to a severity degree 7 individual felony. The offense was categorised as a degree 9 individual felony previous to the change.
The invoice amends the penalty for the felony offense with out prior convictions to require the
courtroom to impose a high quality of not less than $500 when the motive force operates a stolen motorized vehicle throughout
the fee of the offense.
“PROXIMATE RESULT” AND OUT-OF-STATE PROSECUTION
Whereas some stated the adjustments are lengthy overdue, some felony protection attorneys are involved concerning the future implications of different elements of the legislation.
One essential level of concern for Topeka Legal Protection Legal professional Meryl Allmond, is that the legislation adjustments definitions to the time period used for “proximate consequence.”
Underneath persevering with legislation, against the law is taken into account to have been dedicated partly inside the
state if the proximate results of the individual’s act happens inside the state. Allmond defined that the legislation would permit state tax {dollars} for use within the prosecution of crimes that happen out of state.
“A homicide is dedicated in Hawaii, all the pieces occurs in Hawaii, however the funeral is paid for by a relative that lives in Kansas, then it’s doable that that homicide will be prosecuted in Kansas too,” Allmond stated.
Jennifer Roth with the Kansas Affiliation of Legal Protection Legal professionals testified as an opponent of the invoice, throughout session, as she defined the origin of the Legal professional Basic’s proposal for this provision is in response to a Wyandotte County felony case, State v. Rozell. The case concerned two drivers, Rozell, who lived in Missouri, and one other driver, whose automotive was insured below his father’s automotive insurance coverage coverage in Wyandotte County.
Rozell made a declare in opposition to the insured’s coverage, submitting a Missouri hospital invoice to a claims agent in Tennessee. The Tennessee claims agent thought the invoice regarded suspicious so referred it to a unique claims specialist, who lived in Sedgwick County. That individual concluded Rozell altered the date on the hospital invoice in order that insurance coverage would pay it as a part of the Missouri automotive accident declare.
Rozell was charged in Wyandotte County with two crimes: making a false data (Ok.S.A. 21-5824) and a fraudulent insurance coverage act (Ok.S.A. 40-2,118). The grievance charged that the insurance coverage firm was the sufferer. Rozell argued that the Wyandotte County courtroom didn’t have jurisdiction as a result of, if he did commit against the law, he did so in both Missouri or Tennessee.
JENIFFER ROTH, KANSAS ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
The prosecution argued, each within the district courtroom and on enchantment, that Ok.S.A. 21-5106(b) means Kansas might prosecute any one who makes an attempt to defraud any insurance coverage coverage issued to a Kansas resident as a result of the “proximate consequence” occurs in Kansas.
Allmond stated a untimely determination to outline the time period “proximate consequence,” which has not been outlined for greater than 50 years in Kansas stature, might have unexpected penalties for the authorized course of sooner or later.
“We don’t even know what this may find yourself doing, or how this could be interpreted. When you prosecute somebody, you’re placing them in our Kansas prisons, we’re having to pay for that full cycle of incarceration.”
The adjustments to crime legal guidelines come because the state works on police reform. State chief stated this consists of bettering processes for Kansas legislation enforcement, and victims of crime.
