SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2583
As Amended by Senate Committee on Judiciary
Brief*
HB 2583, as amended, would amend the crime of
inflicting harm, disability, or death to certain law enforcement
animals to include police horses, increase penalties for
inflicting harm that results in disability or death to these
animals, and specify the restitution that would be available for
a violation of the crime.
Inflicting Harm, Disability or Death to Certain Law
Enforcement Animals
Current law defines inflicting harm, disability, or death to
specified law enforcement and assistance dogs as knowingly,
and without lawful cause or justification, poisoning, inflicting
great bodily harm, permanent disability, or death. The bill
would add police horses to the list of specified animals that
would be covered under the crime.
Continuing law provides the crime is classified as a
nongrid, nonperson felony with a mandatory minimum prison
sentence of 30 days and up to one year of imprisonment, and
a fine between $500 and $5,000. The bill would remove a
requirement that the offender have a psychological evaluation
during the mandatory prison sentence and be ordered to
complete an anger management program as a condition of
probation when an offender is convicted of a nongrid,
nonperson felony violation of the crime.
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*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
Increased Penalties for Inflicting Harm Resulting in
Disability or Death
The bill would provide that inflicting harm that results in
disability or death of a specified animal, with the exception of
assistance dogs, would be classified as a severity level 4,
nonperson felony, with a penalty of:
● Mandatory 90 days imprisonment;
○ A requirement that 90 days imprisonment be
served before the person is eligible for
release on probation, suspension, or
reduction of sentence or parole;
● A minimum fine of $10,000; and
● During the mandatory imprisonment period,
completion of:
○ A psychological evaluation; and
○ Completion of an anger management
program as a condition of probation.
The crime would be classified as a severity level 3,
nonperson felony, with the same penalty described above,
when the crime is committed while:
● Fleeing or attempting to elude a police officer;
● Interfering with law enforcement;
● Escaping from custody; or
● Committing an aggravated escape from custody
offense.
Restitution
The bill would require restitution ordered for the crime to
include:
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● Costs of veterinary medical treatment;
● Reasonable funeral and burial expenses; and
● Replacement costs of the police dog, arson dog,
assistance dog, game warden dog, search and
rescue dog, or police horse, to include:
○ Training costs;
○ Personnel expenses; and
○ Costs associated with boarding the animal
during training.
The bill would also make technical amendments in this
section to ensure consistency in statutory phrasing.
Definitions
Current law defines “police dog” to mean any dog owned
or employed by a law enforcement agency for the principal
purpose of aiding in the detection of criminal activity,
enforcement of laws, or apprehension of offenders. The bill
would amend this definition to mean any dog that is owned,
or the service of which is employed, by a law enforcement
agency.
The bill would also add a definition of “police horse,” to
mean any horse that is owned by, or the service of which is
employed by, a law enforcement agency.
Background
The bill was introduced by Representatives Hawkins and
Owens.
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House Committee on Corrections and Juvenile Justice
In the House Committee hearing, proponent testimony
was provided by a representative of the Kansas Association
of Chiefs of Police and the Kansas Sheriffs Association and
by two representatives of the Kansas State Lodge Fraternal
Order of Police. The proponents generally stated that these
animals cost tens of thousands of dollars to purchase and
train and these animals are not only tools, they are also
considered family.
No other testimony was provided.
The House Committee amended the bill to:
● Remove assistance dogs from the increased
penalties;
● Specify penalties for harm to assistance dogs to be
the same as for non-grid nonperson penalties
under the bill; and
● Specify items to be included when calculating the
replacement cost of an animal.
Senate Committee on Judiciary
In the Senate Committee hearing, proponent testimony
was provided by: Representative Johnson; a representative
of the Johnson County Sheriff’s Office; a representative of the
Kansas Association of Chiefs of Police and Kansas Sheriffs
Association; a representative of the Kansas Peace Officers
Association; and three representatives of the Kansas State
Lodge Fraternal Order of Police. Proponents generally
agreed that the current penalty for killing a law enforcement
animal is too lenient.
Written-only opponent testimony was provided by a
representative of the National Police Accountability Project.
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No other testimony was provided.
The Senate Committee amended the bill to modify the
definitions of “police dog” and “police horse” and to
reorganize the bill’s language to account for the increased
penalties created by the bill.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Board of Indigents’
Defense Services indicates the bill could increase agency
expenditures on legal counsel and support staff by $1,834 to
$2,640 for each severity level 4 felony, and $5,335 to $7,680
for each severity level 3 felony.
The Judicial Branch indicates the bill would not have an
effect on agency operations; however, increased fines would
be deposited into the State General Fund and other funds.
The Department of Corrections indicates the bill may cause a
negligible increase in operating expenditures.
According to the Prison Bed Impact Statement prepared
by the Sentencing Commission on the bill, as introduced,
enactment of the bill may increase prison admissions and
beds, but any increase would be very small. The Commission
further indicated the bill would have no impact on the
workload of the Commission.
Any fiscal effect associated with the enactment of the bill
is not reflected in The FY 2025 Governor’s Budget Report.
Police animals; restitution; sentencing; assistance dogs; infliction of harm
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Statutes affected:
As introduced: 21-6416, 21-6604
As Amended by House Committee: 21-6416, 21-6604
As Amended by Senate Committee: 21-6416, 21-6604
Enrolled - Law effective July 1, 2024: 21-6416, 21-6604