SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 193
As Recommended by Senate Committee on
Judiciary

Brief*
SB 193 would create a special sentencing rule stating
that, notwithstanding statutory provisions regarding lesser
and included crimes or any other provisions of law to the
contrary, the sentence for a violation of criminal possession of
a weapon by a convicted felon shall be presumptive
imprisonment and shall be served consecutively to any other
term or terms of imprisonment imposed, if the trier of fact
finds beyond a reasonable doubt that:
● The weapon the offender possessed during such
violation was a firearm; and
● Such firearm was possessed by the offender during
the commission of any violent felony, as defined by
the bill.
The bill would define “violent felony” to mean the
following crimes defined in statute:
● Capital murder or first- or second-degree murder;
● Voluntary manslaughter;
● Kidnapping or aggravated kidnapping;
● Aggravated assault or aggravated assault of a law
enforcement officer;
____________________
*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
 ● Aggravated battery or aggravated battery against a
law enforcement officer;
● Mistreatment of a dependent adult or mistreatment
of an elder person;
● Robbery or aggravated robbery;
● Rape;
● Aggravated criminal sodomy;
● Aggravated endangering a child;
● Abuse of a child;
● Any felony offense under statutes prohibiting the
unlawful manufacturing, cultivation, or distribution,
or possession of controlled substances;
● Burglary or aggravated burglary;
● Arson or aggravated arson;
● Treason;
● Criminal discharge of a firearm;
● Fleeing or attempting to elude a police officer;
● Any felony that includes the domestic violence
designation, as determined by the trier of fact
under the relevant statutory procedure; or
● Any attempt, conspiracy, or criminal solicitation of
any felony offense described above.
The bill would provide that a sentence imposed under its
provisions would not be considered a departure sentence and
would not be subject to appeal, and no other sentence would
be permitted.

2- 193
 A whereas clause would provide amendments made by
the bill would be known as the “Reduce Armed Violence Act.”

Background
The bill was introduced by the Senate Committee on
Judiciary at the request of Senator Warren.
[Note: A companion bill, HB 2031, was introduced by the
House Committee on Corrections and Juvenile Justice on
January 13, 2023. The bill was recommended favorably, as
amended, by the House Committee on February 6, 2023.]

Senate Committee on Judiciary
In the Senate Committee hearing on February 15, 2023,
proponent testimony was provided by a representative of
Johnson County Sheriff’s Office and a representative of the
Kansas Association of Chiefs of Police, Kansas Peace
Officers Association, and Kansas Sheriffs Association, who
indicated the intent of the bill was to address a rise in violent
crime being committed by convicted felons while using
firearms.
Opponent testimony was provided by a private citizen,
who in general was in support of the bill, except for the one
section that referenced crimes involving possession of
controlled substances.
No other testimony was provided.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget, the Kansas Sentencing Commission estimates
that enactment of the bill would result in an increase of 29
adult prison beds needed by the end of FY 2024. By the end
of FY 2033, 232 additional beds would be needed. The
3- 193
current estimated available bed capacity is 9,428 for males
and 936 for females. Based upon the 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 enactment of
the bill would increase marginal costs for the operation of the
correctional facilities for food, clothing, and other supplies.
The annual cost would total $100,769 based on the FY 2022
marginal cost of $9.52 per day per occupied bed ($9.52 x 365
days x 29 beds).
The Office of Judicial Administration indicates enactment
of the bill would require findings of certain facts to sentence
an offender, which could result in extending the length of trials
in certain cases. However, a fiscal effect cannot be estimated.
Any fiscal effect associated with the bill is not reflected in The
FY 2024 Governor’s Budget Report.


Felon; firearm; sentencing enhancement


4- 193


Statutes affected:
As introduced: 21-6804, 21-5301, 21-5302, 21-5303