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 21, 2024


The Honorable Susan Humphries, Chairperson
House Committee on Judiciary
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Humphries:
SUBJECT: Fiscal Note for HB 2753 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2753 is
respectfully submitted to your committee.
HB 2753 would add making a demand for money or other thing of value to the elements
of the crime of sexual extortion. The bill would also create the crime of aggravated sexual
extortion. Aggravated sexual extortion would be defined as sexual extortion that either causes
bodily harm or death to the victim, or sexual extortion that is perpetrated against an individual who
is under 18 years of age or is a dependent adult. Aggravated sexual extortion would be classified
as a severity level 3, person felony offense. Under current law, sexual extortion is classified as a
severity level 7 or 4, person felony offense. The bill would clarify that sexual extortion of an
individual under 18 years of age would be classified as sexual exploitation of a child and be subject
to the relevant penalties described in existing statute.
The Board of Indigents Defense Services indicates that the bill would increase agency
expenditures on legal counsel and support staff by unknown amounts. The Board estimates that
on average, a severity level 7 or 4, person felony case requires 57 hours of direct work by an
attorney to provide constitutionally adequate representation. Based on the rates of $83.36 per hour
for public defenders and $120 per hour for assigned counsel, each new severity level 7 or 4, person
felony case brought to the agency would result in State General Fund expenditures of $4,752 to
$6,840. The Board indicates that on average, a severity level 3, person felony case requires 99
hours of defense attorney work. Therefore, each severity level 3, person felony that would have
previously been charged as a severity level 7 or 4, person felony would require the agency to
perform 42 hours of additional case work at a cost of $3,501 to $5,040.
The Judiciary indicates that by broadening the definition of sexual extortion, the bill has
the potential to increase the number of cases filed in district courts. This may increase agency
operating expenditures due to the additional time spent by district court judicial and nonjudicial
personnel in processing, researching, and hearing cases. This has the potential to increase the
collection of docket fees, fines, and supervision fees, which are deposited in the State General
The Honorable Susan Humphries, Chairperson
Page 2—HB 2753

Fund. The Judiciary also indicates that by increasing the penalties for certain instances of sexual
extortion, the bill would make fewer offenders eligible for court supervision, which would
decrease agency expenditures on supervision and decrease the amount of supervision fees
collected by the agency and deposited into the State General Fund. However, exact estimates of
these fiscal effects cannot be determined.
The Sentencing Commission indicates that enactment of the bill could have an effect on
prison admissions and would have an effect on bed space, but exact estimates cannot be
determined. The current estimated available bed capacity is 9,668 for males and 932 for females.
Based upon the Commission’s most recent ten-year projection contained in its FY 2024 Adult
Inmate Prison Population Projections report, it is estimated that the year-end population will total
8,556 male and 828 female inmates in FY 2024 and 8,847 male and 870 female inmates in FY
2025. The Department of Corrections indicates that the bill has the potential to increase agency
operating expenditures depending on its effect on prison beds. Any fiscal effect associated with
HB 2753 is not reflected in The FY 2025 Governor’s Budget Report.

Sincerely,

Adam C. Proffitt
Director of the Budget


cc: Heather Cessna, Board of Indigents Defense Services
Jennifer King, Department of Corrections
Trisha Morrow, Judiciary
Scott Schultz, Kansas Sentencing Commission


Statutes affected:
As introduced: 21-5515, 21-5510