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 C. Proffitt, Director Laura Kelly, Governor


February 1, 2024


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 380 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 380 is
respectfully submitted to your committee.
SB 380 would amend a special sentencing rule for criminal discharge of a firearm when
another person is present. Under current law, the criminal discharge of a firearm in the presence
of another person carries a mandatory 60 months of imprisonment in addition to the sentence
prescribed in Kansas sentencing guidelines, and a mandatory 120 months of additional
imprisonment if the violation occurs in the presence of a person under the age of 14. The bill
would substitute the word “and” with “or” to clarify that these special penalties are not additive.
The Department of Corrections indicates that enactment of the bill may increase agency
operating expenditures by a negligible amount. The Sentencing Commission indicates that the bill
may increase prison admissions and reduce bed space, but this effect is likely to be small. The
Judiciary indicates that the bill would not have a fiscal effect on its operations. Any fiscal effect
associated with SB 380 is not reflected in The FY 2025 Governor’s Budget Report.

Sincerely,

Adam C. Proffitt
Director of the Budget

cc: Trisha Morrow, Judiciary
Scott Schultz, Kansas Sentencing Commission
Jennifer King, Department of Corrections


Statutes affected:
As introduced: 21-6804