SESSION OF 2019
SUPPLEMENTAL NOTE ON SENATE BILL NO. 80
As Amended by Senate Committee on Judiciary

Brief*
SB 80, as amended, would increase the penalty for
criminal possession of a weapon by a convicted felon from a
severity level 8, nonperson felony to a severity level 6,
nonperson felony. The bill also would exclude an ordinary
pocket knife having a blade no longer than four inches from
the definition of “knife,” and clarify that the crime of criminal
possession of a weapon would not apply when a knife is used
as a tool in connection with lawful employment or when a
kitchen knife is used as intended for food preparation or
consumption. The bill also would make conforming technical
amendments.

Background
The bill was introduced by the Senate Committee on
Judiciary at the request of the Kansas County and District
Attorneys Association (KCDAA). In the Senate Committee
hearing, representatives of the KCDAA and the Johnson
County Sheriff’s Office and a representative of the Kansas
Association of Chiefs of Police, Kansas Sheriffs Association,
and Kansas Peace Officers Association testified in support of
the bill. The Secretary of Corrections testified as a neutral
conferee. A representative of the Kansas Association of
Criminal Defense Lawyers testified in opposition to the bill.
No other testimony was provided.
The Senate Committee amended the bill to remove
“ammunition” from the definition of “weapon,” to clarify the
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
definition of “knife,” and to clarify circumstances in which the
the provisions of the bill would not apply.
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration indicates enactment of the bill would result in
more offenders sentenced to prison instead of probation,
resulting in fewer offenders being supervised by court service
officers and paying into the supervision fee. Thus, enactment
of the bill could result in decreased revenues to the
Correctional Supervision Fund and the State General Fund
(SGF).
The Kansas Sentencing Commission estimates
enactment of the bill would increase prison admissions by 9,
19, or 28 by FY 2020 and 15, 29, or 44 by FY 2029 and
would increase additional adult prison beds by 30, 39, or 49
by FY 2020 and 119, 144, or 167 by FY 2029. Based on
these estimates, the Kansas Department of Corrections
indicates an increase in expenditures of either $54,360,
$70,668, or $88,788 from SGF in FY 2020. Any fiscal effect
associated with the bill is not reflected in The FY 2020
Governor’s Budget Report.


2- 80


Statutes affected:
As introduced: 21-6304
As Amended by Senate Committee: 21-6304