Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 larry.campbell@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Larry L. Campbell, Director Laura Kelly, Governor


March 6, 2019


The Honorable Rick Wilborn, Chairperson
Senate Committee on Judiciary
Statehouse, Room 541-E
Topeka, Kansas 66612
Dear Senator Wilborn:
SUBJECT: Fiscal Note for SB 154 by Senator Haley
In accordance with KSA 75-3715a, the following fiscal note concerning SB 154 is
respectfully submitted to your committee.
SB 154 would allow individuals convicted of certain offenses to petition the convicting
court to vacate the conviction or any diversion agreement, if the individual committed the crime
as a result of being a victim of human trafficking, aggravated human trafficking or commercial
sexual exploitation of a child. The bill would also identify the processes to have convictions and
diversion agreements vacated.
The Kansas Bureau of Investigation, Kansas Highway Patrol, Department of Corrections,
and Department for Children and Families indicate enactment of SB 154 would have no fiscal
effect on agency operations.
The Office of Judicial Administration estimates enactment of SB 154 would have a fiscal
effect on the courts because individuals convicted of certain offenses and meeting a specific list of
criteria could petition courts to have certain convictions vacated. Increasing the number of
petitions experienced by courts would increase staff time spent processing, researching and hearing
cases. However, the Office cannot estimate the fiscal effect because the number of petitions that
would be filed is unknown.
The Office of the Attorney General indicates enactment of SB 154 could have a fiscal effect
on the Office. The Office indicates SB 154 does not contain language pertaining to compensation
under the wrongful convictions and incarceration statute. If individuals whose sentences are
vacated under SB 154 are determined to be eligible for compensation under current law, the
payouts to those individuals would depend on how many individuals apply for compensation, the
The Honorable Rick Wilborn, Chairperson
Page 2—SB 154

amount of time the individuals were incarcerated and whether the individuals are awarded lump-
sum payments or annuities. The Office of the Attorney General cannot estimate the fiscal effect
of SB 154 because it is unknown whether individuals who have convictions vacated under SB 154
would be eligible for compensation and how much the compensation would be. The Office of the
Attorney General also estimates the counties, district attorneys and other law enforcement agencies
would have expenses related to court proceedings outlined in the bill. Any fiscal effect associated
with SB 154 is not reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Jackie Aubert, Children & Families
Janie Harris, Judiciary
Willie Prescott, Office of the Attorney General
Sherry Macke, Highway Patrol
Paul Weisgerber, KBI
Linda Kelly, Corrections