Party Testimony on HB 2606 and HB 2782
The following testimony has been submitted on behalf of LPKS in regards to HB 2606.
Judiciary Committee Chair Humphries and Committee members,
The Libertarian Party of Kansas supports the passage of HB 2606, a bill specifying that certain drug offenses would not trigger forfeiture, increasing the burden of proof before forfeiture can occur, and overall requiring more judicial oversight of forfeiture cases.
Criminal Asset Forfeiture, as it stands, violates our civil liberties and skews law enforcement objectives. Presumption of innocence is “one of the most basic requirements of a fair trial.”
In the status quo, law enforcement agencies can seize assets without filing criminal complaints, tasking the owners to then prove their innocence. This is a complete reversal of how our criminal justice system is supposed to operate.
In some cases, law enforcement officials are actually trained to identify profitable seizures to fund department ventures, seize the assets, and then leverage those assets against a plea bargain, clearly prioritizing money over law enforcements’ stated objective: justice.
Beyond philosophical notions of due process and civil liberties, Civil Asset Forfeiture directly hurts innocent people. Currently, a law-abiding citizen could have their property seized if it was misused by a third party, even when the owner had no knowledge of the crime being committed.
This is a clear case in which criminal procedure would be the only appropriate venture, rather than civil asset forfeiture which punishes an individual who did nothing wrong, and violates both parties’ individual rights.
Law Enforcement Agencies should be required to provide an appropriate amount of evidence before they can seize an individual’s property. This bill allows for that possibility, and it ensures their focus is on the pursuit of criminals, rather than a pursuit of profits.
While we do support HB 2606, we see it as one step toward a larger goal. In order to preserve our God-given “civil privileges” and “the full enjoyment of our rights as American citizens,” as promised by the Kansas constitution, we seek the full and permanent cessation of Civil Asset Forfeiture. This bill is but one step in a much larger journey. In the defense of freedom, we must claim every inch that presents itself to us.
We hope you will consider these points and vote to pass this bill.
- Tim Tarkelly
Libertarian Party of Kansas Legislative Director
The following testimony has been submitted on behalf of LPKS in regards to HB 2782.
Judiciary Committee Chair Humphries and Committee members,
The Libertarian Party of Kansas adamantly opposes HB2782 for two main reasons:
Hypoxia is an abhorrent and torturous method to carry out an execution
Removing the check and balance mandating the Secretary of Health and Environment certify the means of execution to be swift and humane is an extremely misguided concentration of power which could be easily abused.
What is “swift and humane” about this description of the first hypoxia execution by nitrogen gas in the United States?
“[Kenneth Eugene] Smith began to shake and writhe violently, in thrashing spasms and seizure-like movements, at about 7:58 p.m. The force of his movements caused the gurney to visibly move at least once. Smith’s arms pulled against the straps holding him to the gurney. He lifted his head off the gurney and then fell back. The shaking went on for at least two minutes. Hood repeatedly made the sign of the cross toward Smith. Smith’s wife, who was watching, cried out. Smith began to take a series of deep gasping breaths, his chest rising noticeably. His breathing was no longer visible at about 8:08 p.m. The corrections officer who had checked the mask before walked over to Smith and looked at him.” (CHANDLER)
This is torture. Do not wait for a court to rule on this truth when it is plainly here for you to see.
Checks and balances of government power are essential in all levels of government. This is especially true when it comes to administering the Kansas government’s power of execution. Concentrating the approval of the means of execution solely with the Secretary of Corrections by removing the certification requirement of the Secretary of Health and Environment is an extremely alarming proposal.
Should an execution be carried out in Kansas, it must be “swift and humane” as determined by a qualified office other than the department tasked with carrying out the execution.
As you consider this bill on the means of execution, consider a bigger question. Should the State of Kansas be executing anyone at all?
195 death sentences in the US have been exonerated.
18 wrongful convictions have occurred in Kansas.
Death penalty cases cost more tax money and resources than life in prison.
The death penalty has not served as a deterrent to murder.
Hypoxia method of execution endangers the well being of involved state employees.
The issue is the death penalty itself. The death penalty must be abolished.
- Matt Clark
Libertarian Party of Kansas Political Director
