SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2071
As Amended by Senate Committee on Judiciary

Brief*
HB 2071, as amended, would amend the definition of
the crime of stalking to include intentionally engaging in a
course of conduct targeted at a specific child under the age of
14 that would cause a reasonable person in the
circumstances of the targeted child, or a reasonable person in
the circumstances of an immediate family member of such
child, to fear for such child’s safety.
The penalty for the new provision would be a severity
level 7, person felony for a first conviction and a severity level
4, person felony for a second or subsequent conviction.
The bill would be in effect upon publication in the
Kansas Register.

Background
The bill was introduced by Representative Lynn and 20
additional representatives.

House Committee on Judiciary
In the House Committee hearing on January 20, 2021,
Representative Lynn, the Johnson County District Attorney,
and two private citizens testified as proponents, stating the
bill would close a potential loophole identified in the course of
a recent case. A representative of the Kansas Association 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
Chiefs of Police, Kansas Peace Officers Association, and
Kansas Sheriffs Association submitted written-only
proponent testimony. No other testimony was provided.

Senate Committee on Judiciary
In the Senate Committee hearing on March 15, 2021,
two private citizens testified as proponents. The Johnson
County District Attorney submitted written-only proponent
testimony and answered questions from the Senate
Committee at the hearing.
On March 15, 2021, the Senate Committee amended
the bill to make it effective upon publication in the Kansas
Register.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the Office of Judicial
Administration indicates enactment of the bill could increase
the number of cases filed in district court, increasing the time
spent on such cases by district court personnel and court
services officers. The bill also could result in the collection of
additional docket fees and supervision fees, but a fiscal effect
cannot be estimated, as the number of additional cases is
unknown.
The Kansas Sentencing Commission (Commission)
states enactment of the bill could result in an increase of adult
prison beds, but an exact increase cannot be estimated
because no data exist for the expanded definition of the
crime. Based upon the Commission’s most recent 10-year
prison population projections, it is estimated that year-end
population for available male capacity will be under capacity
by 1,287 inmates in FY 2021 and by 1,241 inmates in FY
2022.

2- 2071
 The Kansas Department of Corrections indicates
enactment of the bill would increase adult and juvenile facility
bed utilization, but estimates there would be no fiscal effect.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2022 Governor’s Budget Report.
Stalking ; stalking a minor


3- 2071


Statutes affected:
As introduced: 21-5427
As Amended by Senate Committee: 21-5427
Enrolled: 21-5427