Bill Summary – FastDemocracy

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 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 280 by Senate Committee on Federal and State Affairs
                  In accordance with KSA 75-3715a, the following fiscal note concerning SB 280 is
          respectfully submitted to your committee.
                  SB 280 would modify when justification for the use of force is not available. The initial
          aggressor standard would be changed from when someone otherwise initially provokes the use of
          force to when someone knowingly engages in conduct reasonably likely to provoke the use of
          force. Under the bill, someone who is justified in the use of force could raise such justification as
          an affirmative defense instead of being immune from criminal prosecutions and civil actions.
                  When an agency investigates the use of deadly force and declines to arrest the person who
          used deadly force or when a prosecutor declines to prosecute someone for the use of deadly force
          because there is not probable cause for a prosecution, the agency and prosecutor would be required
          to submit a report to the Kansas Bureau of Investigation (KBI) that documents all investigative
          efforts. Each December 1, starting in 2024, the KBI would be required to publish an annal report
          on its public website that analyzes the reports received in the previous calendar year. The Judicial
          Administrator would be required to collect and compile statistics on all criminal cases in which
          someone asserts that he or she was justified in the use of force, which would be published every
          December 1 on the Judicial Branch’s public website, starting in 2024. The bill details what would
          be included in the KBI’s and Judicial Administrator’s reports.
                  The Judicial Brach indicates that the bill could increase the number of cases filed in district
          courts because it makes the use of force an affirmative defense instead of immunity from criminal
          prosecution or civil action, which would increase the time spent by district court judicial and
          nonjudicial personnel in processing, researching, and hearing cases. In addition, there is currently
          no mechanism to track cases when a defendant asserts that he or she is justified in the use of force.
The Honorable Kellie Warren, Chairperson
Page 2—SB 280

The Supreme Court would have to issue an order or rule that requires a form to be submitted to
the court when the use of force assertion is being made. The centralized case management system
(CCMS) would need to be modified to create a new document type for this form so these cases
could be tracked for reporting purposes. This would create additional workload for Judicial Branch
staff and could increase costs for programming expenses. The bill could also result in the
collection of docket fees, which would be deposited into the State General Fud. However, the
Judicial Branch cannot estimate the fiscal effect of the bill.
       The Kansas Bureau of Investigation states that justifiable homicides can be reported into
the Kansas Incident Based Reporting System (KIBRS); however, none are currently being
reported. Since there is an unknown amount of deadly force reports, the KBI does not know if
additional staff would be required for data entry and to create and publish an annual report.
However, it is anticipated that the requirements of the bill would be handled by the new KIBRS
system currently under development, and any new costs could be absorbed within existing
resources.
        The Attorney General states that the bill would have negligible fiscal effect on its
operations, which could be absorbed within existing resources. The Kansas Highway Patrol states
that the bill would not have a fiscal effect. Any fiscal effect associated with SB 280 is not reflected
in The FY 2024 Governor’s Budget Report.
        The League of Kansas Municipalities states that the bill could affect cites if they are
required to assist with the implementation and enforcement of the bill. However, the League
cannot estimate a fiscal effect. The Kansas Association of Counites states that the bill could impact
prosecutions and investigations; however, the Association anticipates that it would be a negligible
effect that could be absorbed within existing resources.


                                                       Sincerely,

                                                       Adam Proffitt
                                                       Director of the Budget

cc: Sherry Macke, Highway Patrol
    Wendi Stark, League of Kansas Municipalities
    Jay Hall, Kansas Association of Counties
    John Milburn, Office of the Attorney General
    Vicki Jacobsen, Judiciary
    Paul Weisgerber, Kansas Bureau of Investigation
Statutes affected: 
As introduced: 21-5226, 21-5231