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


February 27, 2023


The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 267 by Senate Committee on Ways and Means
In accordance with KSA 75-3715a, the following fiscal note concerning SB 267 is
respectfully submitted to your committee.
SB 267 would add the term “primary aggressor” to the criminal code and the Protection
from Abuse Act. “Primary aggressor” would be defined as the person determined to be the most
significant aggressor rather than the first aggressor. In determining the primary aggressor, the
court would be required to consider the intent of the law to protect victims of domestic violence
from continuing abuse, the threats creating fear of physical injury, the history of domestic violence
between the persons involved, the nature of the injuries suffered or inflicted on another, and
whether either person acted in self-defense.
Law enforcement agencies would be required to add a statement to policies regarding
domestic violence calls when two or more people report domestic violence that requires an officer
to determine who was the primary aggressor and that arrest is the preferred response only with
respect to the primary aggressor and not to a person who acts in a self-defense or the defense of
others. The bill would amend the Protection from Abuse Act to require a court to determine that
the plaintiff acted as the primary aggressor. The bill would also allow the court to extend a
protective order for not less than two additional years and may extend a protective order up to the
lifetime of the defendant.
The Office of Judicial Administration indicates enactment of the bill could extend cases
because it would require a judge to consider various factors when determining the primary
aggressor in domestic violence cases. This could increase the time spent by district court judicial
and nonjudicial personnel in processing, researching, and hearing cases. However, the Office
cannot estimate a fiscal effect.
The Honorable Kellie Warren, Chairperson
Page 2—SB 267

The Kansas Bureau of Investigation and the Highway Patrol indicate enactment of the bill
would not have a fiscal effect. Any fiscal effect associated with SB 267 is not reflected in The FY
2024 Governor’s Budget Report.
The League of Kansas Municipalities indicates enactment of the bill would increase costs
to local law enforcement agencies to enforce the provisions of the bill and provide training. The
League also notes that local emergency responder costs may decrease if further domestic violence
incidents are prevented. However, a fiscal effect cannot be estimated.
The Kansas Association of Counties indicates enactment of the bill would have a negligible
fiscal effect that could be absorbed within existing resources.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Paul Weisgerber, Kansas Bureau of Investigation
Sherry Macke, Highway Patrol
Wendi Stark, League of Kansas Municipalities
Jay Hall, Kansas Association of Counties
Vicki Jacobsen, Judiciary


Statutes affected:
As introduced: 21-5111, 22-2307, 60-3107, 21-5924