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{As Amended by House Committee of the Whole}
As Amended by House Committee
Session of 2025
HOUSE BILL No. 2131
By Committee on Corrections and Juvenile Justice
Requested by Representative Lewis
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AN ACT concerning crimes, punishment and criminal procedure; relating
to jailhouse witness testimony; requiring prosecutors to disclose their
intent to introduce testimony from a jailhouse witness and to forward
related information to the Kansas bureau of investigation {; providing
for confidentiality of such information; amending K.S.A. 2024
Supp. 45-229 and repealing the existing section}.
WHEREAS, The provisions {of section }1 of this act shall be known as
the Pete Coones memorial act.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
{New }Section 1. (a) (1) In any criminal prosecution, the prosecuting
attorney shall disclose its intent to introduce testimony of a jailhouse
witness regarding statements made by a suspect or defendant while such
witness and suspect or defendant were both incarcerated within the time
provided by K.S.A. 22-3212, and amendments thereto. The prosecuting
attorney shall provide to the defense:
(A) The criminal history of the jailhouse witness, including any
pending or dismissed criminal charges;
(B) the jailhouse witness's cooperation agreement and any benefit that
has been requested by, provided to or will be provided in the future to the
jailhouse witness;
(C) the contents of any statement allegedly given by the suspect or
defendant to the jailhouse witness and the contents of any statement given
by the jailhouse witness to law enforcement regarding the statements
allegedly made by the suspect or defendant, including the time and place
such statements were given;
(D) any information regarding the jailhouse witness recanting
testimony or statements, including the time and place of the recantation,
the nature of the recantation and the names of the people present at the
recantation; and
(E) any information concerning other criminal cases in which the
testimony of the jailhouse witness was introduced or was intended to be
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HB 2131—Am. by HCW 2
introduced by a prosecuting attorney regarding statements made by a
suspect or defendant, including any cooperation agreement and any benefit
that the jailhouse witness received in such case.
(2) The court may permit the prosecuting attorney to comply with the
provisions of this section after the time period provided in paragraph (1) if
the court finds that the jailhouse witness was not known or the information
described in paragraph (1) could not be discovered or obtained by the
prosecuting attorney exercising due diligence within such time period.
(3) If the court finds that disclosing the information described in
paragraph (1) is likely to cause bodily harm to the jailhouse witness, the
court may:
(A) Order that such evidence be viewed only by the defense counsel
and not by the defendant or others; and
(B) issue a protective order.
(b) (1) Each prosecuting attorney's office shall maintain a central
record containing information regarding:
(A) Any case in which testimony by a jailhouse witness is introduced
or is intended to be introduced by a prosecuting attorney regarding
statements made by a suspect or defendant and the substance of such
testimony; and
(B) any benefit that has been requested by, provided to or will be
provided in the future to a jailhouse witness in connection with testimony
provided by such witness.
(2) Each prosecuting attorney's office shall forward the information
described in paragraph (1) to the Kansas bureau of investigation. The
bureau shall maintain a statewide database containing the information
forwarded pursuant to this section. Such database shall be accessible only
to prosecuting attorneys and shall otherwise remain confidential and not
subject to the open records act, K.S.A. 45-215 et seq., and amendments
thereto. The provision regarding confidentiality shall expire on July 1,
2029, unless the legislature reviews and acts to continue such provision
{not be subject to expiration or review} pursuant to K.S.A. 45-229, and
amendments thereto, prior to July 1, 2029.
(c) If a jailhouse witness receives any benefit in connection with
offering or providing testimony against a defendant, the prosecuting
attorney shall notify any victim connected to the criminal prosecution.
(d) As used in this section:
(1) "Benefit" means any plea bargain, bail consideration, reduction or
modification of sentence, or any other leniency, immunity, financial
payment, reward or amelioration of current or future conditions of
sentence that is requested, provided or will be provided in the future in
connection with, or in exchange for, testimony of a jailhouse witness.
(2) "Jailhouse witness" means a person who provides testimony , or is
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intended to provide testimony or {with} whom the prosecuting attorney
at some point intended to call as a witness {has entered into an
agreement providing for such person's possible testimony} during a
criminal prosecution regarding statements made by a suspect or defendant
while both the witness and the suspect or defendant were incarcerated , and
who has requested , has or been offered or may in the future receive a
benefit or possible benefit in connection with such testimony. "Jailhouse
witness" does not mean a person who is a confidential informant, an
accomplice or a co-defendant.
(e) This section shall be a part of and supplemental to the Kansas
code of criminal procedure.
{Sec. 2. K.S.A. 2024 Supp. 45-229 is hereby amended to read as
follows: 45-229. (a) It is the intent of the legislature that exceptions to
disclosure under the open records act shall be created or maintained
only if:
(1) The public record is of a sensitive or personal nature
concerning individuals;
(2) the public record is necessary for the effective and efficient
administration of a governmental program; or
(3) the public record affects confidential information.
The maintenance or creation of an exception to disclosure must
shall be compelled as measured by these criteria. Further, the
legislature finds that the public has a right to have access to public
records unless the criteria in this section for restricting such access to
a public record are met and the criteria are considered during
legislative review in connection with the particular exception to
disclosure to be significant enough to override the strong public policy
of open government. To strengthen the policy of open government, the
legislature shall consider the criteria in this section before enacting an
exception to disclosure.
(b) Subject to the provisions of subsections (g) and (h), any new
exception to disclosure or substantial amendment of an existing
exception shall expire on July 1 of the fifth year after enactment of the
new exception or substantial amendment, unless the legislature acts to
continue the exception. A law that enacts a new exception or
substantially amends an existing exception shall state that the
exception expires at the end of five years and that the exception shall
be reviewed by the legislature before the scheduled date.
(c) For purposes of this section, an exception is substantially
amended if the amendment expands the scope of the exception to
include more records or information. An exception is not substantially
amended if the amendment narrows the scope of the exception.
(d) This section is not intended to repeal an exception that has
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been amended following legislative review before the scheduled repeal
of the exception if the exception is not substantially amended as a
result of the review.
(e) In the year before the expiration of an exception, the revisor of
statutes shall certify to the president of the senate and the speaker of
the house of representatives, by July 15, the language and statutory
citation of each exception that will expire in the following year that
meets the criteria of an exception as defined in this section. Any
exception that is not identified and certified to the president of the
senate and the speaker of the house of representatives is not subject to
legislative review and shall not expire. If the revisor of statutes fails to
certify an exception that the revisor subsequently determines should
have been certified, the revisor shall include the exception in the
following year's certification after that determination.
(f) "Exception" means any provision of law that creates an
exception to disclosure or limits disclosure under the open records act
pursuant to K.S.A. 45-221, and amendments thereto, or pursuant to
any other provision of law.
(g) A provision of law that creates or amends an exception to
disclosure under the open records law shall not be subject to review
and expiration under this act if such provision:
(1) Is required by federal law;
(2) applies solely to the legislature or to the state court system;
(3) has been reviewed and continued in existence twice by the
legislature;
(4) has been reviewed and continued in existence by the
legislature during the 2013 legislative session and thereafter; or
(5) is a report of the results of an audit conducted by the United
States cybersecurity and infrastructure security agency; or
(6) is contained in the following statute: section 1(b).
(h) (1) The legislature shall review the exception before its
scheduled expiration and consider as part of the review process the
following:
(A) What specific records are affected by the exception;
(B) whom does the exception uniquely affect, as opposed to the
general public;
(C) what is the identifiable public purpose or goal of the
exception;
(D) whether the information contained in the records may be
obtained readily by alternative means and how it may be obtained;
(2) an exception may be created or maintained only if it serves an
identifiable public purpose and may be no broader than is necessary
to meet the public purpose it serves. An identifiable public purpose is
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served if the legislature finds that the purpose is sufficiently
compelling to override the strong public policy of open government
and cannot be accomplished without the exception and if the
exception:
(A) Allows the effective and efficient administration of a
governmental program that would be significantly impaired without
the exception;
(B) protects information of a sensitive personal nature concerning
individuals, the release of such information would be defamatory to
such individuals or cause unwarranted damage to the good name or
reputation of such individuals or would jeopardize the safety of such
individuals. Only information that would identify the individuals may
be excepted under this paragraph; or
(C) protects information of a confidential nature concerning
entities, including, but not limited to, a formula, pattern, device,
combination of devices, or compilation of information that is used to
protect or further a business advantage over those who do not know or
use it, if the disclosure of such information would injure the affected
entity in the marketplace.
(3) Records made before the date of the expiration of an
exception shall be subject to disclosure as otherwise provided by law.
In deciding whether the records shall be made public, the legislature
shall consider whether the damage or loss to persons or entities
uniquely affected by the exception of the type specified in paragraph
(2)(B) or (2)(C) would occur if the records were made public.
(i) (1) Exceptions contained in the following statutes as continued
in existence in section 2 of chapter 126 of the 2005 Session Laws of
Kansas and that have been reviewed and continued in existence twice
by the legislature as provided in subsection (g) are hereby continued in
existence: 1-401, 2-1202, 5-512, 9-1137, 9-1712, 9-2217, 10-630, 12-189,
12-1,108, 12-1694, 12-1698, 12-2819, 12-4516, 16-715, 16a-2-304, 17-
1312e, 17-2227, 17-5832, 17-7511, 17-76,139, 19-4321, 21-2511, 22-
3711, 22-4707, 22-4909, 22a-243, 22a-244, 23-605, 23-9,312, 25-4161,
25-4165, 31-405, 34-251, 38-2212, 39-709b, 39-719e, 39-934, 39-1434,
39-1704, 40-222, 40-2,156, 40-2c20, 40-2c21, 40-2d20, 40-2d21, 40-409,
40-956, 40-1128, 40-2807, 40-3012, 40-3304, 40-3308, 40-3403b, 40-
3421, 40-3613, 40-3805, 40-4205, 44-510j, 44-550b, 44-594, 44-635, 44-
714, 44-817, 44-1005, 44-1019, 45-221(a)(1) through (43), 46-256, 46-
259, 46-2201, 47-839, 47-844, 47-849, 47-1709, 48-1614, 49-406, 49-427,
55-1,102, 58-4114, 59-2135, 59-2802, 59-2979, 59-29b79, 60-3333, 60-
3336, 65-102b, 65-118, 65-119, 65-153f, 65-170g, 65-177, 65-1,106, 65-
1,113, 65-1,116, 65-1,157a, 65-1,163, 65-1,165, 65-1,168, 65-1,169, 65-
1,171, 65-1,172, 65-436, 65-445, 65-507, 65-525, 65-531, 65-657, 65-
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1135, 65-1467, 65-1627, 65-1831, 65-2422d, 65-2438, 65-2836, 65-2839a,
65-2898a, 65-3015, 65-3447, 65-34,108, 65-34,126, 65-4019, 65-4922,
65-4925, 65-5602, 65-5603, 65-6002, 65-6003, 65-6004, 65-6010, 65-
67a05, 65-6803, 65-6804, 66-101c, 66-117, 66-151, 66-1,190, 66-1,203,
66-1220a, 66-2010, 72-2232, 72-3438, 72-6116, 72-6267, 72-9934, 73-
1228, 74-2424, 74-2433f, 74-32,419, 74-4905, 74-4909, 74-50,131, 74-
5515, 74-7308, 74-7338, 74-8104, 74-8307, 74-8705, 74-8804, 74-9805,
75-104, 75-712, 75-7b15, 75-1267, 75-2943, 75-4332, 75-4362, 75-5133,
75-5266, 75-5665, 75-5666, 75-7310, 76-355, 76-359, 76-493, 76-12b11,
76-12c03, 76-3305, 79-1119, 79-1437f, 79-3234, 79-3395, 79-3420, 79-
3499, 79-34,113, 79-3614, 79-3657, 79-4301 and 79-5206.
(2) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) and that have
been reviewed during the 2015 legislative session and continued in
existence by the legislature as provided in subsection (g) are hereby
continued in existence: 17-2036, 40-5301, 45-221(a)(45), (46) and (49),
48-16a10, 58-4616, 60-3351, 72-3415, 74-50,217 and 75-53,105.
(j) (1) Exceptions contained in the following statutes as continued
in existence in section 1 of chapter 87 of the 2006 Session Laws of
Kansas and that have been reviewed and continued in existence twice
by the legislature as provided in subsection (g) are hereby continued in
existence: 1-501, 9-1303, 12-4516a, 39-970, 65-525, 65-5117, 65-6016,
65-6017 and 74-7508.
(2) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) during 2015
and that have been reviewed during the 2016 legislative session are
hereby continued in existence: 12-5611, 22-4906, 22-4909, 38-2310, 38-
2311, 38-2326, 40-955, 44-1132, 45-221(a)(10)(F) and (a)(50), 60-3333,
65-4a05, 65-445(g), 65-6154, 71-218, 75-457, 75-712c, 75-723 and 75-
7c06.
(k) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) and that have
been reviewed during the 2014 legislative session and continued in
existence by the legislature as provided in subsection (g) are hereby
continued in existence: 1-205, 2-2204, 8-240, 8-247, 8-255c, 8-1324, 8-
1325, 12-17,150, 12-2001, 17-12a607, 38-1008, 38-2209, 40-5006, 40-
5108, 41-2905, 41-2906, 44-706, 44-1518, 45-221(a)(44), (45), (46), (47)
and (48), 50-6a11, 65-1,243, 65-16,104, 65-3239, 74-50,184, 74-8134, 74-
99b06, 77-503a and 82a-2210.
(l) Exceptions contained in the following statutes as certified by
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the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) during 2016
and that have been reviewed during the 2017 legislative session are
hereby continued in existence: 12-5711, 21-2511, 22-4909, 38-2313, 45-
221(a)(51) and (52), 65-516, 65-1505, 74-2012, 74-5607, 74-8745, 74-
8752, 74-8772, 75-7d01, 75-7d05, 75-5133, 75-7427 and 79-3234.
(m) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) during 2012
and that have been reviewed during the 2013 legislative session and
continued in existence by the legislature as provided in subsection (g)
are hereby continued in existence: 12-5811, 40-222, 40-223j, 40-5007a,
40-5009a, 40-5012a, 65-1685, 65-1695, 65-2838a, 66-1251, 66-1805, 72-
8268, 75-712 and 75-5366.
(n) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) and that have
been reviewed during the 2018 legislative session are hereby continued
in existence: 9-513c(c)(2), 39-709, 45-221(a)(26), (53) and (54), 65-6832,
65-6834, 75-7c06 and 75-7c20.
(o) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) that have been
reviewed during the 2019 legislative session are hereby continued in
existence: 21-2511(h)(2), 21-5905(a)(7), 22-2302(b) and (c), 22-2502(d)
and (e), 40-222(k)(7), 44-714(e), 45-221(a)(55), 46-1106(g) regarding
46-1106(i), 65-2836(i), 65-2839a(c), 65-2842(d), 65-28a05(n), article
6(d) of 65-6230, 72-6314(a) and 74-7047(b).
(p) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) that have been
reviewed during the 2020 legislative session are hereby continued in
existence: 38-2310(c), 40-409(j)(2), 40-6007(a), 45-221(a)(52), 46-1129,
59-29a22(b)(10) and 65-6747.
(q) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) that have been
reviewed during the 2021 legislative session are hereby continued in
existence: 22-2302(c)(4)(J) and (c)(6)(B), 22-2502(e)(4)(J) and (e)(6)(B)
and 65-6111(d)(4).
(r) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) that have been
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reviewed during the 2023 legislative session are hereby continued in
existence: 2-3902 and 66-2020.}
{Sec. 3. K.S.A. 2024 Supp. 45-229 is hereby repealed.}
Sec. 2. {4.} This act shall take effect and be in force from and after its
publication in the statute book.
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