SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 414
As Further Amended by House Committee on
Corrections and Juvenile Justice

Brief*
SB 414, as amended, would create the crime of
encouraging suicide and establish penalties for the crime
under the Kansas Criminal Code; amend the crime and
penalties of aggravated endangering a child; amend the
crime and apply a special sentencing rule to the crime of
unlawful distribution of fentanyl-related controlled substances
(fentanyl); remove the element of concealment and secrecy
from the crime breach of privacy; and amend provisions in
sentencing law regarding computation of time served.
[Note: Although the bill itself would be effective upon
publication in the Kansas Register, numerous individual
provisions, as noted throughout, would be effective on July 1,
2024.]

Encouraging Suicide
The bill would create the crime of encouraging suicide
and would establish penalties for the crime under the Kansas
Criminal Code.
The term “encouraging suicide” would be defined as
knowingly encouraging a person to commit or attempt to
commit suicide when:
● Such person knows the other person has
communicated a desire to commit suicide;
____________________
*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
 ● Such encouragement is made proximate in time to
the other person committing or attempting to
commit suicide; and
● Such encouragement substantially influences the
other person’s decision or methods used to commit
or attempt to commit suicide.
Definitions
The bill would define two other terms as follows:
● “Attempt to commit suicide” would mean any
physical action done by a person with the intent to
commit suicide.
● “Encouraging a person to commit or attempt to
commit suicide” would mean oral, written, or visual
communication that is persuasive or intended to be
persuasive and that gives advice to commit
suicide, attempt to commit suicide, or develop a
plan to commit suicide.
Penalties
Encouraging suicide would be a severity level 5 person
felony if the other person attempts to commit suicide, and a
severity level 4 person felony if the other person commits
suicide.
[Note: These provisions would be effective on July 1,
2024.]

Aggravated Endangering a Child
The bill would amend the elements of the crime of
aggravated endangering a child. The bill would add fentanyl
to the list of drugs in regards to causing or permitting a child

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to be in specified environments. Additionally, the bill would
add “or used” regarding specified environments where current
law applies to storage of drug paraphernalia or volatile, toxic,
or flammable chemicals for manufacturing or attempting to
manufacture methamphetamine or fentanyl.
Severity Level
The bill would create a new severity level 6 person
felony penalty for the crime when bodily harm is inflicted upon
the child.
Definitions
The bill would define “fentanyl-related controlled
substance” to mean the same as the article of the Criminal
Code involving controlled substances, and
“methamphetamine” to mean the same as in Schedule II of
the Uniform Controlled Substances Act.
[Note: These provisions would be effective on July 1,
2024.]

Unlawful Distribution Penalties—Fentanyl
The bill would amend the penalties for unlawful
distribution of a controlled substance to specify a violation of
the crime with respect to material containing any quantity of
fentanyl would be the same as material containing any
quantity of heroin or methamphetamine.
When the drug is measured by dosage unit, the bill
would specify the following penalties for fentanyl only:
● Drug severity level 4 felony for fewer than 10
doses;


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 ● Drug severity level 3 felony for at least 10 doses
but fewer than 50 doses;
● Drug severity level 2 felony for at least 50 doses
but fewer than 250 doses; and
● Drug severity level 1 felony for 250 doses or more.
[Note: Continuing law defines a “dosage unit” as a
discrete unit including, but not limited to, a pill, capsule, or
microdot that is not distributed by weight. Continuing law also
defines a “dosage unit” with respect to controlled substances
in liquid form.]
Permissive Inference
The bill would amend language regarding a rebuttable
presumption of an intent to distribute to replace the
presumption with a permissive inference. Additionally, the bill
would add 3.5 grams or more and 50 dosage units or more of
fentanyl to the list of quantities of controlled substances that
would lead to such an inference.
[Note: These provisions would be effective on July 1,
2024.]

Breach of Privacy
The bill would amend the crime of breach of privacy to
remove the elements of concealment and secrecy when the
crime involves installing or using a device to photograph or
record another person under or through their clothing, or a
person who is nude or in a state of undress.
[Note: These provisions would be effective on July 1,
2024.]


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Computation of Sentences
Under continuing law, at sentencing, a judge is required
to designate a date to be used when computing a defendant’s
sentence, parole eligibility, and conditional release dates. The
date must be designated in a journal entry after considering
the time the defendant has been incarcerated while awaiting
disposition of their criminal case.
The bill would specify that the defendant is entitled to
have credit applied for each day spent incarcerated while
awaiting disposition of their criminal case.
A court would not be able to consider the following in
designating a date:
● Time awarded as credit in another case when
consecutive sentences are imposed on a
defendant; or
● Time spent incarcerated in another jurisdiction if no
hold has been issued in such jurisdiction for the
case being sentenced.
[Note: These provisions of the bill would be effective
upon publication in The Kansas Register.]

Special Sentencing Rule—Fentanyl
The bill would amend the special sentencing rule for the
unlawful manufacturing of fentanyl to specify this rule would
apply to an offender convicted of unlawful distribution when
the crime is classified as a drug severity level 1, 2, or 3
felony. [Note: The special sentencing rule provides a
sentence of presumptive imprisonment and two times the
maximum duration of the presumptive sentence term.
Sentences under the special rule are not considered a
departure and would not be subject to appeal.]

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 [Note: These provisions would be effective on July 1,
2024.]

Technical Amendments
The bill would also make technical amendments.

Background
On March 21, 2024, the bill was withdrawn from the
House Calendar and re-referred to the House Committee on
Corrections and Juvenile Justice.
The House Committee on Corrections and Juvenile
Justice further amended SB 414 to add provisions of Sub. for
HB 2676, as passed by the House; HB 2654, as passed by
the House; SB 419, as passed by the Senate; and SB 420, as
passed by the Senate.

SB 414 (Unlawful Distribution Penalties; Special
Sentencing Rule—Fentanyl)
SB 414 was introduced by the Senate Committee on
Judiciary at the request of a representative of the Kansas
Association of Chiefs of Police, Kansas Peace Officers
Association, and Kansas Sheriffs Association.
Senate Committee on Judiciary
In the Senate Committee hearing, a representative of
the Kansas Association of Chiefs of Police, Kansas Peace
Officers Association, and Kansas Sheriffs Association
provided proponent testimony, stating the enhanced
penalties provided in the bill are needed to adequately
address the fentanyl crisis in the state.


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 Written-only proponent testimony was provided by a
representative of the Kansas Bureau of Investigation (KBI)
and the Kansas County and District Attorneys Association
(KCDAA).
Written-only opponent testimony was provided by a
representative of the Board of Indigents’ Defense Services
(BIDS).
No other testimony was provided.
The Senate Committee amended the bill to add the
contents of SB 413 regarding penalties for unlawful
distribution of fentanyl.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing, proponent testimony
was provided by the Johnson County District Attorney and a
representative of the Kansas Association of Chiefs of Police,
Kansas Peace Officers Association, and Kansas Sheriffs
Association. The proponents stated the bill is needed to
address the fentanyl crisis in the state and that the substance
should be treated similarly to methamphetamine and heroin
under the Criminal Code.
No other testimony was provided.
The House Committee amended the bill to replace a
rebuttable presumption in current law with a permissible
inference and to remove the bill’s provisions expanding
quantities of controlled substance to also include amounts of
material containing any quantity of the controlled substance
that would lead to a presumption of intent to distribute.
[Note: Provisions regarding permissible inferences are
also found in HB 2385.]


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SB 413 (Penalties for Unlawful Distribution of Fentanyl by
Dosage Unit)
SB 413 was introduced by the Senate Committee on
Judiciary at the request of a representative of KCDAA.
In the Senate Committee hearing on a representative of
the Kansas Association of Chiefs of Police, Kansas Peace
Officers Association, and Kansas Sheriffs Association
provided proponent testimony regarding the need for the
enhanced sentencing for distribution of fentanyl-related
substances at lower quantity levels.
Written-only proponent testimony was provided by a
representatives of the KBI and the KCDAA.
Written-only opponent testimony was provided by a
representative of BIDS.
No other testimony was provided.

Sub. for HB 2676 (Creating the Crime of and Establishing
Penalties for Encouraging Suicide)
HB 2676 was introduced by the House Committee on
Judiciary at the request of Representative Landwehr.
House Committee on Judiciary
In the House Committee hearing, proponent testimony
was provided by seven private citizens. The proponents
generally stated the bill would help reduce suicide deaths by
limiting the dissemination of harmful information and deter the
encouragement of suicide.
Written-only proponent testimony was submitted by a
representative of the Kansas Association of Chiefs of Police,
Kansas Peace Officers Association, and Kansas Sheriffs

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Association and representatives of the KBI, Kansas Catholic
Conference, and Kansas Mental Health Coalition.
Neutral testimony was provided by a private citizen. The
testimony addressed a website that provides information to
help facilitate suicide.
Opponent testimony was provided by a representative
of BIDS. The opponent generally stated the bill would raise
constitutional concerns and limit free speech.
The House Committee replaced the original provisions
of HB 2676, which would have amended the crime of assisted
suicide, with language that would create a new crime and
would specifically:
● Make knowingly encouraging suicide a crime under
the Kansas Criminal Code;
● Define “attempt to commit suicide” and
“encouraging a person to commit or attempt to
commit suicide”;
● Establish the criteria for knowingly encouraging
suicide; and
● Establish penalties for encouraging suicide.
The House Committee recommended a substitute bill
incorporating the above provisions.

SB 419 (Aggravated Endangerment of a Child)
SB 419 was introduced by the Senate Committee on
Judiciary at the request of a representative of the Office of the
Attorney General (OAG).


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Senate Committee on Judiciary
In the Senate Committee hearing on February 6, 2024,
the Attorney General provided proponent testimony, stating
that the changes in the bill are needed because of the toxicity
of fentanyl and the harm to children that may result from
conduct involving fentanyl-related substances.
Representatives of the Johnson County Sheriff’s Office
Northeast Kansas Drug Task Force, Kansas Association of
Chiefs of Police, KCDAA, and the OAG also provided
proponent testimony, expressing similar concerns related to
the lethality of fentanyl, especially as it relates to children.
Written-only proponent testimony was provided by a
representative of the KBI.
Written-only opponent testimony was provided by a
representative of BIDS.
No other testimony was provided.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on March 6, 2024,
representatives of the Johnson County Sheriff’s Office; the
Kansas Association of Chiefs of Police, the Kansas Peace
Officers Association, and the Kansas Sheriffs Association;
and the OAG provided proponent testimony. The proponents
generally stated fentanyl is a lethal substance in small
quantities, especially for children, and the bill would provide
prosecutors the ability to charge individuals for knowingly
putting children in environments where the distribution or
manufacturing of fentanyl takes place.
Written-only proponent testimony was provided by the
Attorney General, a representative of KBI, and the Johnson
County District Attorney.


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 Written-only opponent testimony was submitted by a
representative of BIDS.
No other testimony was provided.
[Note: SB 419 was further amended by the House
Committee on Corrections and Juvenile Justice to be a
substitute bill containing the provisions of HB 2522].

SB 420 (Crime of Breach of Privacy)
SB 420 was introduced by the Senate Committee on
Judiciary at the request of a representative of the KCDAA.
Senate Committee on Judiciary
In the Senate Committee hearing, the Wabaunsee
County Attorney and representatives of the City of Wichita
and the Wichita Police Department provided proponent
testimony, stating the changes proposed by the bill would
ensure the crime may continue to be prosecuted in the event
a recording device is not concealed, which is becoming
increasingly common due to advances in technology.
Written-only proponent testimony was provided by a
representative of the Kansas Association of Chiefs of Police,
Kansas Peace Officers Association, and Kansas Sheriffs
Association and a representative of the Kansas Coalition
Against Sexual and Domestic Violence.
No other testimony was provided.
[Note: SB 420 was amended by the House Committee
on Corrections and Juvenile Justice to become a substitute
bill containing the provisions of HB 2490 and HB 2698.]


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HB 2654 (Concerning Computation of Sentences)
HB 2654 was introduced by the House Committee on
Corrections and Juvenile Justice at the request of a
representative of the KCDAA.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing, proponent testimony
was provided by a representative of the KCDAA, who stated
the bill was introduced to address a recent Kansas Supreme
Court decision, State v. Hopkins, which has caused a
significant disruption to sentencing decisions, and the bill
would prevent duplicative credit in consecutive sentences.
Neutral testimony was provided by a private citizen who
stated concerns that the bill would not make a notable
difference in recidivism and would make the sentencing
process more complicated.
Opponent testimony was provided by a representative
of the Board of Indigents’ Defense Services’ Legislative
Committee, who stated its concern the bill would be contrary
to other provisions of sentencing law and would not address
“dead time” in a meaningful way. The opponent also stated
the provisions of the bill regarding duplicative credit are
already in the Kansas Administrative Regulations of the DOC.
No other testimony was provided.
The House Committee amended the bill to:
● State the defendant shall be entitled to have credit
applied for each day spent incarcerated; and
● Clarify that no credit is to be awarded when
consecutive sentences are imposed (and credit
has already been awarded), and for time spent
incarcerated in another jurisdiction.

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Fiscal Information

SB 414 (Penalties for Unlawful Distribution of Fentanyl
by Weight)
According to the fiscal note prepared by the Division of
the Budget on SB 414, as introduced, BIDS indicates
enactment of the bill would increase agency expenditures on
legal counsel and support staff by an unknown amount. BIDS
estimates that drug severity level 2, 3, or 4 felony cases
require 57 hours of direct work by an attorney to p