Topeka ? Sworn statements used to obtain arrest warrants would be open to public scrutiny under legislation the House Governmental Organization and Election Committee sent Tuesday to a subcommittee for additional study.

Chairman Jene Vickrey, R-Louisburg, said he hopes the subcommittee will complete its work in time for the committee to vote in the next two weeks on whether to send the measure to the House floor.

At issue are probable cause affidavits, sworn statements by law enforcement officers to a judge setting out why filing criminal charges or issuing a search warrant is justified.

Since 1979, probable cause affidavits have been closed records, although they can be open by a judge’s order.

“Only in Kansas are probable cause affidavits systematically closed to the public unless a judge rules otherwise,” said Doug Anstaett, Kansas Press Association executive director. “Only in Kansas can suspects be arrested, jailed, and even convicted without the public ever seeing the prosecutorial or investigational rationale that led to the suspicion in the first place.”

In 44 states, probable cause affidavits are open to the public, although they can be closed by judicial order.

As drafted, the bill would make such affidavits open after a warrant or summons was served. It would exclude information revealing such things as the identities of informants and undercover officers or investigative techniques or compromise an investigation.

“There’s nothing wrong with the law the way it’s written,” said Kevin O’Connor, Sedgwick County deputy district attorney.

If the affidavit is made public, he said, “Basically you are putting out a one-sided version of what the case is about.”

Anstaett said the bill was prompted by The Wichita Eagle being denied access to the affidavit for the search warrant of a man who was suspected but cleared in the BTK case, and the affidavit that led to the arrest of Dennis Rader as the BTK serial killer.

O’Connor, who helped prosecute Rader, said the affidavit involving the person couldn’t be released without making known the name of an informant, and that Rader still has appeal options.