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


February 25, 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 161 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 161 is
respectfully submitted to your committee.
SB 161 would define “primary aggressor” as the person determined to be the most
significant aggressor, rather than the first aggressor. In determining the primary aggressor, the
court or an officer would consider the intent of the law to protect victims of domestic violence
from continuing abuse, the threats creating fear of physical injury, the history of domestic violence
between the persons involved, the nature of the injuries suffered or inflicted on another, and
whether either person involved acted in self-defense.
The bill would amend current law regarding written policies for law enforcement agencies
and require that the policies include a determination of who was the primary aggressor. The
statement would direct that arrest is the preferred response only with respect to the primary
aggressor and not the preferred response with respect to a person who acts in a reasonable manner
in defense of a person.
SB 161 has the potential for increasing litigation in the courts because of the additional
provisions a judge would have to consider when determining the primary aggressor in domestic
violence cases created by the bill. If litigation would increase, the Office of Judicial
Administration indicates that there would be a fiscal effect on the operations of the court system.
However, it is not possible to estimate the number of additional court cases that would arise or
how complex and time-consuming the cases would be. The fiscal effect would most likely be
negligible and could be accommodated within the existing budget resources. Any fiscal effect
associated with SB 161 is not reflected in The FY 2020 Governor’s Budget Report.
The Honorable Rick Wilborn, Chairperson
Page 2—SB 161

The Office of Judicial Administration indicates enactment of SB 161 could have a fiscal
effect on local law enforcement agencies because the bill’s provisions would require a law
enforcement officer to consider various factors when determining the primary aggressor during
domestic violence investigations and reports.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Janie Harris, Judiciary
Scott Schultz, Sentencing Commission
Linda Kelly, Corrections


Statutes affected:
As introduced: 22-2307, 60-3107, 21-5111, 21-5924