From jwwhite101 at cox.net Wed Sep 19 16:43:28 2007 From: jwwhite101 at cox.net (John W. White) Date: Wed, 19 Sep 2007 16:43:28 -0500 Subject: [Kanrecod] Kansas Criminal Code Recodification Commission Message-ID: <000001c7fb06$1da4e5b0$58eeb110$@net> Kansas Criminal Code Recodification Commission September 26, 2007, 9:30 AM Statehouse Agenda 1. Approval of minutes of August 22, 2007, meeting. 2. Introduce guests and presenters 3. Discussion of drafts for Drug Crimes led by Reporters. 4. Discussion of revisions to Article 1 statutes. 6. Discussion of agenda for next meeting. -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.washlaw.edu/pipermail/kanrecod/attachments/20070919/0933ce70/attachment.htm From jwwhite101 at cox.net Wed Sep 19 16:57:06 2007 From: jwwhite101 at cox.net (John W. White) Date: Wed, 19 Sep 2007 16:57:06 -0500 Subject: [Kanrecod] Drug Crimes statutes--Article 5 Message-ID: <000001c7fb08$050e4580$0f2ad080$@net> Attached are the proposed Article 5 Drug Crimes statutes that we will discuss at the September 26th meeting. In addition to the proposed statutes we have included a Table of Contents and an Appendix of Statutes. The proposed statutes are in rough draft form. However, we felt they should be sent now to give you time to review them. An agenda for the September 26th meeting has been posted in a separate mailing. John W. White Reporter -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.washlaw.edu/pipermail/kanrecod/attachments/20070919/a1d2a36d/attachment-0001.htm -------------- next part -------------- A non-text attachment was scrubbed... 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Name: TOC.doc Type: application/msword Size: 52736 bytes Desc: not available Url : http://lists.washlaw.edu/pipermail/kanrecod/attachments/20070919/a1d2a36d/attachment-0037.doc From jwwhite101 at cox.net Fri Sep 21 15:15:07 2007 From: jwwhite101 at cox.net (John W. White) Date: Fri, 21 Sep 2007 15:15:07 -0500 Subject: [Kanrecod] (no subject) Message-ID: <000001c7fc8c$1af25aa0$50d70fe0$@net> Attached is a more recent version of 21-501. A definition for "school" or "school property" is added. By adding this definition I propose to the Commission that the underlined language in 21-505(b), -508(b), -508(c), -508(d), -512, and -516 can be omitted. I have also attached the statutes that would be affected by the change. I have attached an Arkansas statute to the Reporter's Notes in 21-501. Arkansas has a list of other public places besides schools where the punishment is enhanced for a drug violation within 1,000 feet of the property. It includes other public places where children would gather, sometimes with less supervision and oversight than that expected at a school. John W. White Reporter -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.washlaw.edu/pipermail/kanrecod/attachments/20070921/12a3c6dd/attachment-0001.htm -------------- next part -------------- A non-text attachment was scrubbed... Name: 21-501 (9-21-07).doc Type: application/msword Size: 86016 bytes Desc: not available Url : http://lists.washlaw.edu/pipermail/kanrecod/attachments/20070921/12a3c6dd/attachment-0005.doc -------------- next part -------------- A non-text attachment was scrubbed... Name: 21-505 (9-18-07).doc Type: application/msword Size: 54272 bytes Desc: not available Url : http://lists.washlaw.edu/pipermail/kanrecod/attachments/20070921/12a3c6dd/attachment-0006.doc -------------- next part -------------- A non-text attachment was scrubbed... Name: 21-508 (9-19-07).doc Type: application/msword Size: 63488 bytes Desc: not available Url : http://lists.washlaw.edu/pipermail/kanrecod/attachments/20070921/12a3c6dd/attachment-0007.doc -------------- next part -------------- A non-text attachment was scrubbed... Name: 21-512 (9-19-07).doc Type: application/msword Size: 46592 bytes Desc: not available Url : http://lists.washlaw.edu/pipermail/kanrecod/attachments/20070921/12a3c6dd/attachment-0008.doc -------------- next part -------------- A non-text attachment was scrubbed... Name: 21-516 (9-19-07).doc Type: application/msword Size: 37376 bytes Desc: not available Url : http://lists.washlaw.edu/pipermail/kanrecod/attachments/20070921/12a3c6dd/attachment-0009.doc From tgstacy at ku.edu Mon Sep 24 17:47:14 2007 From: tgstacy at ku.edu (Stacy, Thomas G) Date: Mon, 24 Sep 2007 17:47:14 -0500 Subject: [Kanrecod] Judge Brazil Message-ID: <9632C3DAB675864EB0A9B7724D85DB7905657417@MAILBOXSEVEN.home.ku.edu> All, Late last week Judge Brazil informed Ed and me that he must resign as a co-Reporter. Due to his responsibilities on the Court of Appeals and other numerous commitments, he has not and will not be able to devote the twenty hours a month he anticipated to our recodification work. With his permission, I have reprinted the email he sent to us below. Needless to say, we are disappointed with this news and are extremely grateful to Judge Brazil for the excellent contributions he made last year and so far this year. At our Wednesday meeting, we will need to decide how to accommodate Judge Brazil's resignation into our staffing structure. Ed and I have discussed several options between ourselves and with Judge White: i) Seeking out someone who can fill Judge Brazil's role a co-Reporter in assisting Judge White as lead Reporter; ii) Having Judge White serve as sole Reporter, with increased responsibility and compensation; and iii) Hiring an additional part-time staff person. Based on these discussions, Ed and I will recommend to the Commission that Judge White serve as sole Reporter, with the increased responsibility that will entail and with increased compensation. Judge White has indicated that he is agreeable to this, with the compensation Judge Brazil would have received to be allocated to him. Of course, our recommendation is just that. These are matters to be discussed by the Commission. Any changes in our agreement with Judge White will require a vote. We will take this up at our meeting on Wednesday. Regards, Tom Tom and Ed, After much consideration, and after visiting with Judge White, I have decided to submit my resignation as Reporter for the Kansas Criminal Code Recodification Commission. When we negotiated my contract in July I based my pay on devoting a minimum of 20 hours per month to the work of the Commission. During the past several weeks it has become apparent that my other commitments do not leave that amount of time for the Commission. September is a good example. My assignments with both appellate courts have left me with virtually no time for the Commission's work. In addition, Justice Davis has postponed back surgery to be with his wife who is seriously ill; Justice Johnson is still recusing from all petitions for review and Judge Pierron is facing an extended rehabilitation before returning to the court. Consequently, the senior judges assigned to the appellate courts will no doubt be asked to take additional assignments. I also chair a committee for the Judicial Qualifications Commission reviewing the ABA Model Code of Judicial Conduct. We will be making recommendations to the Supreme Court sometime after the first of the year. In fairness to the Recodification Commission and to Judge White, I believe that the money for my position can be better used elsewhere. I am also encouraged by the addition of Brett Watson as a full time staff attorney. His research and computer skills will, in my opinion, obviate the need for a second Reporter. I have enjoyed my work with both of you and with Judge White. And, I continue to believe that recodification of the criminal code is one of the most important projects in the criminal justice system at the present time. Yours truly, Pat Brazil From tgstacy at ku.edu Tue Sep 25 10:42:35 2007 From: tgstacy at ku.edu (Stacy, Thomas G) Date: Tue, 25 Sep 2007 10:42:35 -0500 Subject: [Kanrecod] Revision Message-ID: <9632C3DAB675864EB0A9B7724D85DB790565741B@MAILBOXSEVEN.home.ku.edu> All, The table of contents of the drug provisions you were sent last week has a rather lengthy comment to it. I just noticed that the comment is drawn from an earlier draft. I have attached the revised memo, which should be substituted for the comment sent out last week. The revised memo includes changes of some importance. First, it incorporates pertinent findings from the Vera Institute Report. Second, the section on the relationship of offenses discusses the history of the drug paraphernalia and percursor offenses. Cheers, Tom -------------- next part -------------- A non-text attachment was scrubbed... Name: drugdraftmemorev.doc Type: application/msword Size: 60928 bytes Desc: drugdraftmemorev.doc Url : http://lists.washlaw.edu/pipermail/kanrecod/attachments/20070925/21eded83/attachment-0001.doc From Helenp at sentencing.ks.gov Tue Sep 25 11:41:56 2007 From: Helenp at sentencing.ks.gov (Pedigo, Helen [KSSC]) Date: Tue, 25 Sep 2007 11:41:56 -0500 Subject: [Kanrecod] Additional name for listserve Message-ID: <7A093FF05E293D4CBB3452D18890CD65A386C3@MAILBESA01.Mail.Ks.Gov> Good morning, Would it be possible to add Natalie Gibson (natalieg at sentencing.ks.gov) to the list of notifications? Natalie is the attorney for the Kansas Sentencing Commission. She will be attending the meetings and would like to receive attachments in order to keep the Sentencing Commission apprised of Recodification activity. Thank you very much. Helen J. Pedigo Executive Director Kansas Sentencing Commission 700 SW Jackson Street, Suite 501 Topeka, KS 66603-3714 Voice 785-296-0923 Fax 785-296-0927 hpedigo at sentencing.ks.gov This email and any files transmitted within are confidential and intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, disclosure, distribution, or copying of this email or any files transmitted within, is strictly prohibited. If you have received this email in error, notify me by replying to this email or call (785) 296-0923 and permanently delete the message from your system. Receipt by anyone other than the intended recipient is not a waiver of any work product immunity or any other privilege or immunity. -------------- next part -------------- An HTML attachment was scrubbed... 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