Legislators may be close to approval of bill opening up affidavits used to support warrants

? Legislation that would open to the public arrest and search warrant affidavits is close to approval in the Kansas Legislature, supporters say.

But getting it across the finish line may depend on action on a measure aimed at expediting death penalty appeals.

The two separate issues have become linked as House and Senate negotiators return Wednesday for the Legislature’s wrapup session.

“We’ve come so far and worked so long to get this passed,” state Rep. John Rubin, R-Shawnee, said of the affidavit bill. “It would be unfortunate to have it all fail.”

Affidavits are sworn statements that show the reasons that law enforcement officials have given to judges to obtain warrants to arrest someone or to search their premises.

Under current Kansas law, those affidavits are presumed to be a closed document. Officials say Kansas law is unique in this area.

“The public is entitled to know about the operations of law enforcement,” said Rubin, who is chairman of the House Corrections and Juvenile Justice Oversight Committee.

Media groups have also lobbied in favor of the bill. In other states, affidavits are routinely used in crime reporting.

The measure was approved in the House but not in the Senate.

Meanwhile, the Senate approved a bill aimed at speeding up the appeals process in death penalty cases. The House, however, didn’t.

So, now with the Legislature nearing the final days of the session, one bill remains in conference between leaders of the House and Senate judicial committees and two big subjects are pending: affidavits and death penalty appeals.

State Sen. Jeff King, R-Independence, who is chairman of the Senate Judiciary Committee, has pushed for the expedited death penalty appeals bill. He said he believes both sides are close to an agreement.

“I think we have got it,” King said.

When the regular legislative session ended earlier this month, the conference committee report, which contained both the affidavits and death penalty appeals bills, was put on pause after a procedural vote failed in the House.

Both Rubin and King said the House vote may have been due to a lack of understanding on changes made in the bills and the fact that some legislators were absent during the vote because they were serving on other conference committees.