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


March 6, 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 2169 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2169 is
respectfully submitted to your committee.
HB 2169 would amend current law to allow prosecution of crimes listed in the bill to be
commenced at any time. The bill would add a provision that prosecution for certain childhood
sexual abuse crimes may be commenced at any time for victims under 18 years of age. The bill
would authorize an action against any party for recovery of damages suffered as a result of
childhood sexual abuse at any time. Under current law, these lawsuits must be filed within three
years of the claimant turning 18 years old or within three years of the claimant discovering that an
injury or illness was caused by childhood sexual abuse. The bill would amend the definition of
“childhood sexual abuse.” The bill also would specify that all claims against any party for damages
suffered as a result of childhood sexual abuse that occurred on or after July 1, 1984, would be
revived.
The Office of Judicial Administration states enactment of HB 2169 could increase the
number of cases filed in district court because it removes the statute of limitations to file an action
related to childhood sexual abuse, which could result in more time spent by court employees and
judges processing and deciding these cases. The Office estimates enactment of the bill could result
in the collection of additional docket fees in those cases filed under the bill’s provisions, which
would be credited to the State General Fund. According to the Office, a fiscal effect cannot be
estimated until the Judicial Branch has had an opportunity to operate under the bill’s provisions.
The Kansas Sentencing Commission states that enactment of HB 2169 could have an effect
on prison admissions and bed space, but that this effect cannot be determined at this time. The
current estimated available bed capacity is 9,428 for males and 936 for females. Based upon the
The Honorable Fred Patton, Chairperson
Page 2—HB 2169

Commission’s most recent ten-year projection contained in its FY 2023 Adult Inmate Prison
Population Projections report, it is estimated that the year-end population will total 7,933 male
and 764 female inmates in FY 2023 and 8,043 male and 740 female inmates in FY 2024. The
Department of Corrections indicates that enactment of the bill would have no fiscal effect. Any
fiscal effect associated with HB 2169 is not reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Vicki Jacobsen, Judiciary
Scott Schultz, Sentencing Commission
Randy Bowman, Department of Corrections


Statutes affected:
As introduced: 21-5107, 60-523