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Legislation #: 190711 Introduction Date: 8/29/2019
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER ELLINGTON
Title: Amending Chapter 2, Code of Ordinances, by enacting one new Section 2-1418 relating to the Kansas City Innocence Commission. ****There will be no public testimony on this ordinance.****

Legislation History
DateMinutesDescription
8/23/2019 Filed by the Clerk's office
8/29/2019 Referred to Finance, Governance and Public Safety Committee
9/18/2019 Hold On Agenda (9/25/2019)
9/25/2019 Hold On Agenda (10/23/2019)
10/23/2019 Hold Off Agenda

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190711 fact sheet.docx Fact Sheet 18K fact sheet

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ORDINANCE NO. 190711

 

Amending Chapter 2, Code of Ordinances, by enacting one new Section 2-1418 relating to the Kansas City Innocence Commission. ****There will be no public testimony on this ordinance.****

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by enacting one new Section 2-1418 relating to the Kansas City Innocence Commission, to read as follows:

 

Sec. 2-1418. Kansas City Innocence Commission.

 

(a) Creation.

 

(1) There is hereby established the "Kansas City Innocence Commission" which shall consist of eleven members appointed by the Mayor.

 

(2) Members appointed to the commission shall include representatives from the defense bar, the police department, city staff, prisoners’ advocates, current or former municipal court judges and civil rights advocates.

 

(3) Each commission member shall serve for a term of three years or until his or her successor is appointed.

 

(4) Commission meetings shall be chaired by one of its members who shall be appointed by the Mayor and such meetings shall be held in locations determined by the chair. City staff shall assist the commission in its duties.

 

(b) Duties. The commission shall:

 

(1) Analyze the circumstances of innocent persons being charged, prosecuted, convicted, and incarcerated in municipal court.

 

(2) Advise the city manager concerning the causes and factors associated with such wrongful convictions;

 

(3) Consider and recommend reforms to any investigative, prosecutorial, judicial, and other processes;

 

(4) Make proposals on reducing the likelihood that innocent persons are convicted of ordinance violations

 

(5) The commission shall evaluate current practices and make appropriate recommendations in the following areas:

 

a. Eyewitness identification processes;

 

b. Videotaping custodial and other questioning of suspects and witnesses;

c. Use of informants', cooperating individuals', and inmates' testimony;

 

d. Use of witnesses with questionable credibility;

 

e. Timely and full compliance with the responsibility to make exculpatory information available to a defendant and his or her counsel;

 

f. Independent, impartial, and scientifically reliable forensic laboratory operations;

 

g. Payment of counsel for the defense, for investigative services, and other trial costs;

 

h. Any other factors or areas that may be brought to the attention of the commission that relates to the concern of the wrongful convictions of innocent persons; and

 

i. Oversight and disciplinary structures for evaluating allegations of prosecutorial, defense, and judicial misconduct in municipal court proceedings.

_____________________________________________

 

Approved as to form and legality:

 

 

________________________________

Alan Holtkamp

Assistant City Attorney