SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2029
As Recommended by House Committee on
Corrections and Juvenile Justice

Brief*
HB 2029 would amend law related to the calculation of
criminal history for purposes of sentencing a person
convicted of domestic battery.
The bill would amend the current definition of
“conviction” that is found in the domestic battery statute in the
Kansas Criminal Code by adding a provision that would
require a sentencing court to consider any criminal offense
that includes a domestic violence designation as a prior
conviction for the purposes of escalating the penalty.
Current law provides that a first conviction of domestic
battery is a class B person misdemeanor, a second conviction
within five years is a Class A person misdemeanor, and a
third or subsequent conviction in the immediately preceding
five years is a nongrid person felony.
The bill would also make technical amendments to
remove outdated language regarding previously required
consideration of crimes for criminal history purposes and to
ensure consistency in statutory phrasing.


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*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
Background
The bill was prefiled for introduction on December 31,
2020, at the request of the Joint Committee on Corrections
and Juvenile Justice Oversight.
[Note: 2021 HB 2029 contains provisions similar to 2020
HB 2518, as recommended by the House Committee on
Corrections and Juvenile Justice.]

House Committee on Corrections and Juvenile Justice
In the House Committee hearing on January 25, 2021,
proponent testimony was presented by a representative of
the Kansas Association of Chiefs of Police, the Kansas Peace
Officers Association, and the Kansas Sheriffs Association,
and the District Attorney of Sedgwick County, who stated the
testimony was presented on behalf of the County Attorney for
Smith County, who had provided written-only proponent
testimony.
Written-only neutral testimony was provided by the
Kansas Coalition on Sexual and Domestic Violence. Written-
only opponent testimony was provided by the Kansas
Association of Criminal Defense Lawyers.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, the Kansas Sentencing Commission
estimates enactment of the bill may have an impact on prison
admissions and bed space, but the fiscal effect cannot be
determined at this time. The current estimated available bed
capacity is 9,420 for males and 948 for females. Based upon
the Commission’s most recent 10-year projection, it is
estimated that the year-end population for available male
capacity will be under capacity by 1,287 inmates in fiscal year
(FY) 2021 and 1,241 inmates in FY 2022.

2- 2029
 The Office of Judicial Administration and the Department
of Corrections indicate enactment of the bill would have no
fiscal effect.
Any fiscal effect associated with the bill is not reflected
in The FY 2022 Governor’s Budget Report.
Domestic violence; domestic battery


3- 2029


Statutes affected:
As introduced: 21-5414