SESSION OF 2020
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2456
As Recommended by House Committee on
Corrections and Juvenile Justice

Brief*
HB 2456 would amend the definition of “possession” in
the Kansas Criminal Code to mean “knowingly having joint or
exclusive control over an item, or knowingly keeping some
item in any place where the person has some measure of
access and right of control.”
Under current law, “possession” is defined as “having
joint or exclusive control over an item either with knowledge
of such control, with the intent to have such control, or
knowingly keeping the item in a place where one would have
some measure or access and right of control.”

Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of a
representative of the Kansas County and District Attorneys
Association.
In the House Committee hearing, a representative of the
Kansas County and District Attorneys Association testified in
support of the bill, stating that amending the definition of
“possession” would help eliminate confusion concerning
associated levels of culpability. A representative of the
Kansas Association of Criminal Defense Lawyers provided
neutral testimony. No other testimony was provided.
____________________
*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
 According to the fiscal note prepared by the Division of
the Budget on the bill, the Office of Judicial Administration,
the Kansas Highway Patrol, and the Kansas Bureau of
Investigation indicate that enactment of the bill would have no
fiscal effect.


2- 2456


Statutes affected:
As introduced: 21-5111