Committee accepts amendment and passes sentencing-report bill out of committee
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Summary
The committee adopted an amendment clarifying mandatory language and voted to pass House Bill 22552 (uniform pre-sentence investigation and journal-entry format) favorably as amended; members discussed statutory intent that 'shall' be read as mandatory.
TOPEKA — While working a separate measure, the House Corrections and Juvenile Justice Committee adopted an amendment and voted to pass a bill standardizing pre-sentence investigation reports and journal entries.
The committee considered language changes in House Bill 22 5 5 2 (presented from the Kansas Sentencing Commission) that replace instances of "must" with "shall" in several sections. Committee members discussed how the words should be interpreted; Representative Carmichael urged that the record reflect the committee’s intent that "shall" be read as mandatory and asked that the transcript or videotape make that clear for future interpretation.
A motion to accept the amendment was made and seconded; after brief discussion, the committee approved the amendment. A subsequent motion to pass the bill favorably as amended was moved and seconded, and the committee voted to forward the bill out of committee.
The chair noted that because the bill was amended it could not be placed on the consent calendar. The committee also confirmed upcoming hearings and cross-committee work on the Hutchinson Correctional Facility.
Action taken: the committee passed the amendment and voted HB 22552 favorably as amended; recorded vote tallies and individual votes were not specified in the transcript.
