SESSION OF 2020
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2448
As Amended by House Committee on Judiciary

Brief*
HB 2448, as amended, would amend the offense of
fleeing or attempting to elude a police officer to add
“operating a stolen motor vehicle” to the list of conduct
making the offense a severity level 9 person felony. The bill
also would amend the penalty for the offense to require the
court to impose a fine of at least $500 when the driver is
operating a stolen motor vehicle during the commission of the
offense.
Additionally, the bill would provide that, in a prosecution
for theft of a motor vehicle, fleeing or attempting to elude a
police officer would be prima facie evidence of intent to
permanently deprive the owner of the motor vehicle of the
possession, use, or benefit thereof.

Background
The bill was introduced by the House Committee on
Judiciary at the request of the Kansas Association of Chiefs
of Police, Kansas Peace Officers Association, and Kansas
Sheriffs’ Association. As introduced, the bill also contained a
provision requiring certain fleeing or attempting to elude
offenses be sentenced consecutively to other offenses and
adjusting the penalty level for theft if the property is a motor
vehicle valued less than $1,500.
In the House Committee hearing, a representative of
those law enforcement organizations and a representative of
____________________
*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 League of Kansas Municipalities testified in support of the
bill. Representatives of the Kansas Bureau of Investigation,
Kansas Highway Patrol, and Wichita Police Department
submitted written-only proponent testimony. No other
testimony was provided.
The House Committee amended the bill to remove the
consecutive sentencing and theft threshold provisions and to
add the mandatory $500 fine provision.
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Sentencing
Commission indicates enactment of the bill could have an
effect on prison admissions, prison bed space, and the
workload of the agency, but the impact cannot be determined
at this time.
The Department of Corrections indicates enactment of
the bill could increase the number of inmates, who would be
housed in county jails or out-of-state contract beds, due to
capacity issues. The cost to house an inmate in a contract
bed ranges from $40.00 per day to $74.76 per day, but a
fiscal effect cannot be determined because the additional
number of beds needed cannot be estimated.
The Office of Judicial Administration (Office) indicates
enactment of the bill could increase the number of cases filed
with the courts, requiring more time by judicial and nonjudicial
personnel, as well as increasing the amount of supervision
required of offenders on probation. Additional cases would
increase revenues from docket fees, supervision fees, and
fines. However, the Office is unable to determine the fiscal
effect.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2021 Governor’s Budget Report.


2- 2448


Statutes affected:
As introduced: 8-1568, 21-5801, 21-5804
As Amended by House Committee: 8-1568, 21-5801, 21-5804