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HB 2131

Promoting the establishment of thermal energy networks.

2023-2024 Regular Session Introduced by Beth Doglio and 6 co-sponsors

HB 2131 requires prosecutors to disclose jailhouse-witness details and report records to a central KBI database to curb wrongful convictions.

Effective date 6/6/2024.
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Bill Summary · HB 2131

Summary — HB 2131 (Pete Coones Memorial Act)

Purpose

HB 2131 creates statutory safeguards governing the use of “jailhouse witness” testimony in Kansas criminal prosecutions. The bill requires prosecutors to disclose certain information about such witnesses and to report centralized records to the Kansas Bureau of Investigation (KBI) for storage in a statewide database. The stated aim is to reduce wrongful convictions and increase transparency about incentives provided to jailhouse witnesses.

Key provisions

  • Disclosure to defense: Prosecutors must, within the discovery period under K.S.A. 22-3212, notify the defense of their intent to introduce testimony of a jailhouse witness about statements allegedly made by a suspect or defendant while both were incarcerated. The prosecutor must provide:
    • The jailhouse witness’s criminal history (including pending/dismissed charges);
    • Any cooperation agreement and any “benefit” requested, provided, or expected;
    • The contents, time and place of any alleged statement by the suspect to the witness and of statements by the witness to law enforcement;
    • Any recantations (time, place, nature, persons present);
    • Information about other cases in which the witness’s testimony was used or intended to be used, including related cooperation agreements and benefits.
  • Court discretion: A court may allow delayed compliance if the witness was unknown or the material could not be discovered with due diligence. If disclosure would likely lead to bodily harm to the witness, the court may restrict access (e.g., allow only defense counsel to view) or issue a protective order.
  • Central records and KBI database: Each prosecutor’s office must keep a central record of cases involving jailhouse witness testimony (substance of testimony and benefits requested/provided) and forward this information to the KBI. The KBI must maintain a statewide database accessible only to prosecutors; the records are to be confidential and exempt from the Kansas Open Records Act (KORA) under the bill’s terms.
  • Victim notification: If a jailhouse witness receives any benefit in connection with testifying, the prosecutor must notify victims connected to the prosecution.

Definitions

  • “Benefit”: any plea bargain, bail consideration, sentence reduction/modification, leniency, immunity, payment, reward, or amelioration of current or future sentence conditions requested/provided in connection with the testimony.
  • “Jailhouse witness”: a person who provides (or whom a prosecutor intended to call to provide) testimony about statements by an incarcerated suspect/defendant and who has requested, been offered, or may receive a benefit for that testimony. Excludes confidential informants, accomplices, and co-defendants.

Fiscal impact

  • KBI estimates initial costs of approximately $185,180 from the State General Fund in FY2026 (licensing $165,000; training/installation $14,410; initial maintenance $5,770) and ongoing maintenance costs estimated at $32,320 annually beginning FY2027. Costs are scalable based on concurrent-user licensing assumptions.
  • The Office of Judicial Administration notes possible unquantified fiscal impacts from extended case processing (additional hearings or considerations), not estimated.

Who is affected

  • Defendants and defense counsel (receive expanded discovery).
  • Prosecutors (new recordkeeping and reporting duties).
  • Jailhouse witnesses (disclosure and possible protective orders).
  • Victims (receive notice if a benefit is provided to a witness).
  • KBI (must build/maintain the database).
  • Courts and the Judicial Branch (may see procedural changes and longer cases).

Procedural / timeline notes

  • Introduced: January 28, 2025 (requested by Rep. Lewis).
  • Named the “Pete Coones Memorial Act.”
  • Legislative actions include committee referrals, amendments, and a reported passage as amended in the House (March 20, 2025; Yea 108 Nay 10). Current status (per the materials provided): Referred to Committee on Judiciary.
  • Fiscal note dated Feb 4, 2025 corrected the expiration handling for the confidentiality provision.

Open/variable items

  • Confidentiality/expiration: Committee versions differ. Some amendments made the KBI database confidentiality permanent; other versions set an expiration date requiring legislative review (documents reference July 1, 2028 and July 1, 2029 in different drafts). The final enacted timing/review clause should be confirmed in the enrolled bill or later legislative records.

Compiled from official sources — confirm details with the bill’s official record.

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