Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


January 27, 2023


The Honorable Fred Patton, Chairperson
House Committee on Judiciary
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2129 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2129 is
respectfully submitted to your committee.
Under current law, a person in state custody, at any time after conviction for murder in the
first degree, can petition the court for forensic DNA testing of biological material. HB 2129 would
allow the person to petition the court after sentencing instead of after conviction of the crime. The
bill would also allow a person sentenced for aggravated criminal sodomy to petition the court for
DNA testing.
The bill would also add a materiality requirement to the petition by requiring someone to
allege the material to be tested would be material to the prosecution instead of just related to the
prosecution. The court would be required to order the testing upon a review of the totality of the
available evidence. HB 2129 would require that the petitioner inform the court within 180 days
after conclusion of testing that the testing is complete and whether the results are inconclusive,
favorable to the petitioner, or unfavorable to the petitioner. If the petitioner fails to notify the court
within 180 days after the conclusion of all DNA testing order by the court, the court would be
required to dismiss the petition.
The Office of Judicial Administration states enactment of HB 2129 could have a fiscal
effect on Judicial Branch operations because the bill’s provisions would allow a person to petition
for forensic DNA testing with the district court, which would increase the time spent by judges
and court employees processing and researching any filed petitions. The Office states a fiscal
effect cannot be estimated until the Judicial Branch has had an opportunity to operate under the
The Honorable Fred Patton, Chairperson
Page 2—HB 2129

bill’s provisions. The Office indicates the bill’s enactment could result in the collection of docket
fees in those petitions filed under the bill’s provisions, which would be credited to the State
General Fund. Any fiscal effect associated with HB 2129 is not reflected in The FY 2024
Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Vicki Jacobsen, Judiciary
Jay Hall, Kansas Association of Counties


Statutes affected:
As introduced: 21-2512