SESSION OF 2020
SUPPLEMENTAL NOTE ON SENATE BILL NO. 45
As Amended by Senate Committee of the Whole

Brief*
SB 45, as amended, would amend the crime of
involuntary manslaughter to raise the severity level of the
crime to severity level 2 if the victim is a public safety sector
employee, as defined by the bill. Under current law, such
crime would be a severity level 4 or 5, depending on the
circumstances.
The bill would also amend the crime of aggravated
battery to raise the severity level of the crime to severity level
3 if the crime is committed against a public safety sector
employee, as defined by the bill, or a person complying with a
lawful order of a law enforcement officer by knowingly or
recklessly causing great bodily harm or disfigurement or by
committing a driving under the influence (DUI) offense when
great bodily harm or disfigurement results. Under current law,
such crime would be a severity level 4 or 5, depending on the
circumstances. The severity level of the crime would be
raised to severity level 4 if the crime is committed against a
public safety sector employee or a person complying with a
lawful order of a law enforcement officer by knowingly or
recklessly causing bodily harm to another person with a
deadly weapon; knowingly causing physical contact when
done in a rude, insulting, or angry manner with a deadly
weapon or in a manner whereby great bodily harm,
disfigurement, or death can be inflicted; or by committing a
DUI offense when bodily harm results under circumstances
whereby great bodily harm, disfigurement, or death can
result. Under current law, such crime would be a severity
level 7 or 8, depending on the circumstances.
____________________
*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
 The bill would define “public safety sector employee” to
include an employee of any law enforcement office, sheriff’s
department, municipal fire department, volunteer and non-
volunteer fire protection association, emergency management
department, emergency medical service provider, or public
works department while actually engaged in official duties of
the department or agency.

Background
The bill was introduced by the Senate Committee on
Judiciary at the request of the Johnson County Sheriff’s
Office. In the Senate Committee hearing, representatives of
the Johnson County Sheriff’s Office, the Kansas Emergency
Medical Services Association (EMS Association), and the
League of Kansas Municipalities testified in support of the bill.
Representatives of the Fraternal Order of Police–Kansas
State Lodge and the Johnson County Sheriff’s Office and a
representative of the Kansas Association of Chiefs of Police,
Kansas Peace Officers Association, and Kansas Sheriffs’
Association submitted written-only testimony supporting the
bill. No neutral or opponent testimony was provided.
Pursuant to a request from the EMS Association, the
Senate Committee amended the bill to include emergency
medical service providers in the definition of “public safety
sector employee.” The Senate Committee also amended the
bill to raise the severity levels of aggravated battery if
committed against a person complying with a lawful order of a
law enforcement officer.
The Senate Committee of the Whole amended the bill to
remove “or other similar public or private agency” from the
definition of “public safety sector employee.” The Senate
Committee of the Whole also adopted a technical amendment
to update statutory references throughout the bill.
According to the prison bed impact assessment
prepared by the Kansas Sentencing Commission, the bill, as
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introduced, would have no impact on prison admissions. The
bill would have no impact on bed space in FY 2020, but could
require 10-46 additional prison beds by FY 2029, depending
on how many individuals are convicted of involuntary
manslaughter or aggravated battery of a victim as defined by
the bill.
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Sentencing
Commission’s projections indicate there would be no need for
additional prison beds in FY 2020, but in future years the
Department of Corrections would house any additional
inmates over the capacity limit in contract jail beds, requiring
additional expenditures.
The Office of Judicial Administration indicates enactment
of the bill could decrease revenues to the Correctional
Supervision Fund and the State General Fund because fewer
offenders would be paying the supervision fee due to the
change in severity levels. Any fiscal effect associated with
enactment of the bill is not reflected in The FY 2020
Governor’s Budget Report.


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Statutes affected:
As introduced: 21-5405, 21-5413, 21-5413a
As Amended by Senate Committee: 21-5405, 21-5413, 21-5413a
{As Amended by Senate Committee of the Whole}: 21-5413a, 21-5405, 21-5413