SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 174
As Amended by House Committee on
Corrections and Juvenile Justice

Brief*
SB 174, as amended, would amend the crime of
interfering with law enforcement to add conduct constituting
the crime; would create the crimes of interference with the
conduct of a health care facility and aggravated interference
with the conduct of a health care facility; would amend the
crime of battery to define battery against a health care
provider; would amend the definitions of manufacture and
drug paraphernalia; would add the definition of fentanyl-
related controlled substances; would increase the penalty for
the unlawful manufacturing of fentanyl; would create a special
sentencing rule for the distribution of fentanyl; would amend
the elements of the crimes of burglary and aggravated
burglary to add domestic battery and violation of a protection
order; and would amend law concerning the prosecutorial
authority of the Attorney General.

Crimes of Interference and Aggravated Interference with
the Conduct of a Healthcare Facility (Section 1)
The bill would would create the crime of interference
with the conduct of a health care facility, which would be
defined as:
● Conduct at or in a health care facility so as to
knowingly deny an employee of the health care
facility to enter, to use the facilities of, or to leave
any such health care facility;
____________________
*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
 ● Knowingly impeding an employee of a health care
facility from the performance of such employee’s
duties or activities through the use of restraint,
abduction, coercion, or intimidation, or by force and
violence or threat thereof; or
● Knowingly refusing to leave a health care facility
upon being requested to leave by the employee
charged with maintaining order in such health care
facility, if such person is committing, threatens to
commit, or incites others to commit any act that
did, or would if completed, disrupt, impair, interfere
with, or obstruct the mission, processes,
procedures, or functions of the health care facility.
The bill would also create the crime of aggravated
interference with the conduct of a health care facility, which
would be defined as any of the above conduct when in
possession of any weapon included in the crimes of criminal
use of weapons or criminal carrying of a weapon.
For purposes of the new crimes, the bill would define
“employee” to mean a person employed by, providing health
care services at, volunteering at, or participating in an
educational course of instruction at a health care facility and
would define “healthcare facility” to mean any facility or
portion thereof operated in whole or in part for the purpose of
providing inpatient or outpatient health care services by a
health care provider, as defined in continuing law governing
health care provider insurance.
Interference with the conduct of a health care facility
would be a class A nonperson misdemeanor, and aggravated
interference with the conduct of a health care facility would be
a severity level 6 person felony.


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Battery of a Healthcare Provider (Section 2)
The bill would amend the crime of battery to define
battery against a health care provider as a battery committed
against a health care provider while such provider is engaged
in the performance of such provider’s duty. “Healthcare
provider” would be defined in the same manner as in
continuing law governing health care provider insurance.
Battery against a health care provider would be a class
A person misdemeanor.

Definitions of Manufacture, Drug Paraphernalia,
Fentanyl-related Controlled Substances (Section 3)
The bill would amend the definition of “manufacture” to
include placing a controlled substance into a pill or capsule
form.
The bill would amend the definition of “drug
paraphernalia” to exclude tests used to detect the presence
of fentanyl, ketamine, or gamma-hydroxybutyric acid (GHB).
The bill would add the definition of “fentanyl-related
controlled substances” in the Kansas Criminal Code to
include the following Schedule I controlled substances:
● Acetyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide);
● Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-
phenylacetamide);
● Acryl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide;
acryloylfentanyl);


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● Alpha-methylfentanyl
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
propanilido) piperidine);
● Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
● Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-
phenylpropanamide;
● Beta-hydroxy-3-methylfentanyl
(other name: N-[1-(2-hydroxy-2-phenethyl)-3-
methyl-4-piperidinyl]-N-phenylpropanamide;
● Beta-hydroxythiofentanyl
(N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-
yl]-N-phenylpropionamide);
● Butyryl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-
phenylbutyramide);
● Crotonyl fentanyl
((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-
enamide);
● Cyclopentyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-
phenylcyclopentanecarboxamide);
● Cyclopropyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-
phenylcyclopropanecarboxamide);
● Furanyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-
carboxamide);

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● Isobutyryl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-
phenylisobutyramide);
● Methoxyacetyl fentanyl
(2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-
phenylacetamide);
● 3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
phenylpropanamide);
● 3-Methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
● Ocfentanil
(N-(2-fluorophenyl)-2-methoxy-N-(1-
phenethylpiperidin-4-yl)acetamide);
● Ortho-fluorofentanyl
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-
yl)propionamide; 2-fluorofentanyl);
● Para-chloroisobutyryl fentanyl
(N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-
yl)isobutyramide);
● Para-fluorobutyryl fentanyl
(N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-
yl)butyramide);
● Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-
piperidinyl]propenamide;
● Para-fluoroisobutyryl fentanyl
(N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-
yl)isobutyramide, 4-fluoroisobutyryl fentanyl);

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 ● Para-methoxybutyryl fentanyl
(N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-
yl)butyramide);
● Tetrahydrofuranyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-
phenyltetrahydrofuran-2-carboxamide);
● Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-
propanamide;
● Valeryl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-
phenylpentanamide);
● N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, salts and salts
of isomers; or
● N-[1-(2-thienyl)methyl-4-piperidyl]-N-
phenylpropanamide (thenylfentanyl), its optical
isomers, salts and salts of isomers.
The bill would add the definition of “fentanyl-related
controlled substances” in the criminal code to include the
following Schedule II controlled substances:
● Alfentanil;
● Carfentanil;
● Fentanyl;
● Sufentanil;
● Remifentanil;
● Thiafentanil;

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 ● Immediate precursor to fentanyl 4-anilino-N-
phenethylpiperidine (ANPP); or
● Immediate precursor to fentanyl N-phenyl-N-
(piperidin-4-yl)propionamide (norfentanyl).
Increase Penalty for the Unlawful Manufacture of
Fentanyl (Section 4)
The bill would amend the crime of manufacturing a
controlled substance to make the manufacturing of a fentanyl-
related controlled substance a drug severity level 1 felony.
[Note: Current law states that manufacturing of a controlled
substance is a drug severity level 2 felony.]

Crimes of Burglary and Aggravated Burglary (Section 5)
The bill would amend the elements of the crimes of
burglary and aggravated burglary to add domestic battery and
violation of a protection order to the list of crimes that a
person can have the intent to commit when they enter or
remain in one of the locations specified in the crimes of
burglary and aggravated burglary.
[Note: Under continuing law, the crimes of burglary and
aggravated burglary require a person have the intent to
commit a felony, theft, or sexually motivated crime within a
protected location.]

Crime of Interfering with Law Enforcement (Section 6)
The bill would amend the crime of interfering with law
enforcement to add conduct constituting the crime. The crime
would include knowingly fleeing from a law enforcement
officer who has reason to stop the person under continuing
law in the Kansas Code of Criminal Procedure, by a means
other than operation of a motor vehicle.

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 The offense would be a classified as one of the
following:
● A class A nonperson misdemeanor in the case of a
misdemeanor, or resulting from any authorized
disposition for a misdemeanor, or a civil case;
● A severity level 7 nonperson felony in the case of a
felony, or resulting from parole or any authorized
disposition for a felony; or
● A severity level 5 nonperson felony if the offender
discharged or used a firearm while fleeing.
Distribution of Fentanyl Special Sentencing Rule
(Section 7)
The bill would create a special sentencing rule for the
penalty for the crime of manufacturing material that contains
any quantity of fentanyl-related controlled substances; it
would include presumptive imprisonment and two times the
maximum duration of the presumptive sentence term. The
sentence would not be considered a departure and would not
be subject to appeal.
The bill would make a technical amendment to reconcile
amendments made by the 2022 Legislature by removing the
definition of the term “possession” from KSA 21-5701 and by
repealing KSA 21-5701b.


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Prosecutorial Authority of the Attorney General (Section
8)
The bill would amend law concerning the prosecutorial
authority of the Attorney General. The bill would authorize the
Attorney General, concurrently with a county or district
attorney, to prosecute any crime, the attempt to commit any
crime, or the attempt, conspiracy, or criminal solicitation of
any crime when the alleged course of conduct occurs in two
or more counties.

Background
The bill was introduced by the Senate Committee on
Judiciary at the request of a representative on behalf of the
Kansas Peace Officers Association, Kansas Sheriffs
Association, and Kansas Association of Chiefs of Police.
The House Committee on Corrections and Juvenile
Justice amended SB 174 as passed by the Senate
Committee of the Whole to add the provisions of HB 2023,
HB 2398, all as passed by the House Committee of the
Whole, SB 73 as passed by the Senate Committee of the
Whole, and SB 244 as passed by the Senate Committee on
Judiciary.

SB 174 (Crime of Interfering with Law Enforcement)
Senate Committee on Judiciary
In the Senate Committee hearing on February 14, 2023,
proponent testimony was provided by a representative of the
Kansas Peace Officers Association, Kansas Sheriffs
Association, and Kansas Association of Chiefs of Police, who
stated the objective of the bill is to update the Kansas
Criminal Code to reflect the increasing number of foot
pursuits that are occurring on a regular basis in which injury is
occurring to the law enforcement officers.
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 No other testimony was provided.
The Senate Committee amended the bill to clarify the
severity level 5 nonperson felony would apply when a firearm
is discharged or used, rather than possessed, while fleeing.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on March 8, 2023,
proponent testimony was provided by a representative of the
Kansas Association of Chiefs of Police, Kansas Peace
Officers Association, and Kansas Sheriffs Association, who
stated the objective of the bill is to update the Kansas
Criminal Code to reflect the increasing number of foot
pursuits that are occurring on a regular basis in which injury is
occurring to the law enforcement officers.
A representative of the State Board of Indigents’
Defense Services Legislative Committee provided written-
only opponent testimony.
No other testimony was provided.
On March 23, 2023, the House Committee amended the
bill to add the provisions of HB 2023, as passed by the
House; the provisions of HB 2398, as passed by the House;
the provisions of SB 73, as passed by the Senate; and the
provisions of SB 244, as passed by the Senate Committee on
Judiciary.
[Note: The House Committee on Judiciary placed the
contents of HB 2455 into SB 244.]

HB 2023 (Crimes of Interference and Aggravated
Interference with the Conduct of a Healthcare Facility)
The bill was introduced by Representatives Concannon
and Hawkins.

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 [Note: A substantially similar bill to the bill as introduced,
2022 HB 2620, was passed by the House Committee on
Judiciary during the 2022 Legislative Session. Provisions
modified from HB 2620 were included in the Second
Conference Committee Report for House Sub. for Sub. for SB
286, which was subsequently vetoed by Governor Kelly.]
House Committee on Judiciary
In the House Committee hearing on January 23, 2023,
representatives of AdventHealth Shawnee Mission,
Ascension Via Christi Hospitals Wichita, Kansas Hospital
Association, NMC Health, Saint Luke’s Health System,
Stormont Vail Health; a representative of the Kansas
Association of Chiefs of Police, Kansas Peace Officers
Association, and Kansas Sheriffs Association; a
representative of the Kansas Public Transit Association
(KPTA); and a physician testified as proponents of the bill.
Generally, the proponents stated violence in health care
facilities and against health care workers has risen over the
past decade, which is harming employees, disrupting care,
and affecting staffing levels. The representative of the KPTA
requested an amendment to add provisions covering public
transportation employees in the crimes of assault and battery.
Written-only proponent testimony was provided by
representatives of Ascension Via Christi Hospitals St. Joseph,
Children’s Mercy Hospital, Kansas Medical Society, and
Stormont Vail Health.
Neutral testimony was provided by a representative of
the Center for Practical Bioethics, stating the bill is unlikely to
address the problem of violence against health care workers.
On February 8, 2023, the bill was withdrawn from the
House Calendar and rereferred to the House Committee.
On February 14, 2023, the House Committee amended
the bill to replace references to “hospital” with “healthcare

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facility” throughout the bill, to define “healthcare facility,” and
to modify the definition of “healthcare provider.”
[Note: As of the House Corrections and Juvenile Justice
meeting on March 23, 2024, at which contents of HB 2023
were added to SB 174, the Senate Committee on Judiciary
was scheduled to hold a hearing on HB 2023 on March 24,
2023.]

HB 2398 (Definitions of Manufacture, Drug Paraphernalia,
Fentanyl-related Controlled Substances; Increase
Penalty for the Unlawful Manufacture of Fentanyl;
Distribution of Fentanyl Special Sentencing Rule)
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of a
representative of the Wichita Police Department.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 14, 2023,
representatives of Kansas Association of Chiefs of Police,
Kansas Peace Officers Association, Kansas Sheriffs
Association, and Wichita Police Department testified as
proponents of the bill, noting the current illicit fentanyl crisis
created a need for this legislation.
No other testimony was provided.
The House Committee amended the bill to insert the
contents of 2023 HB 2328 to exclude tests that can detect
fentanyl and other controlled substances from the definition of
drug paraphernalia.
[Note: Provisions concerning excluding fentanyl,
ketamine, or gamma hydroxybutyric acid test strips from the
definition of drug paraphernalia (HB 2328) were amended
into HB 2398 when the House Committee on Corrections took
final action on that bill.]
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HB