SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 60
As Amended by House Committee of the Whole

Brief*
SB 60, as amended, would amend law governing
jurisdictional application, aggravated criminal sodomy, and
aggravated sexual battery in the Kansas Criminal Code, as
follows.

Jurisdictional Application
The statute governing jurisdictional application would be
amended to define “proximate result” to mean any logical
effect or consequence of an act regardless of whether the
statute governing the charged offense considers the specific
effect or consequence of such act. [Note: Under continuing
law, a crime is considered to have been committed partly
within the state if the proximate result of the person’s act
occurs within the state.]

Aggravated Criminal Sodomy
The bill would amend the elements of the crime of
aggravated criminal sodomy to add sodomy with a victim
when the victim’s consent was obtained through a knowing
misrepresentation made by the offender that the sodomy was
a medically or therapeutically necessary procedure or a
legally required procedure within the scope of the offender’s
authority.

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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
Aggravated Sexual Battery
The bill would amend the elements of the crime of
aggravated sexual battery to add the touching of a victim who
is 16 or more years of age with the intent to arouse or satisfy
the sexual desires of the offender when the victim’s consent
was obtained through a knowing misrepresentation made by
the offender that the touching was a medically or
therapeutically necessary procedure or a legally required
procedure within the scope of the offender’s authority.
The bill would be effective upon publication in the
Kansas Register.

Background
The bill was introduced by the Senate Committee on
Insurance at the request of the Office of Attorney General. As
introduced, the bill contained the provisions regarding
jurisdictional application.

Senate Committee on Judiciary
In the Senate Committee hearing on February 3, 2021,
the Deputy Solicitor General testified as a proponent of the
bill, stating the bill is a response to a recent ruling of the
Kansas Court of Appeals stating that when determining
proximate result jurisdiction, Kansas courts may consider the
negative consequences of a person’s out-of-state criminal
acts within Kansas only if the statutory language of that
person’s charged crime considered such negative
consequences.
A representative of the Kansas Association of Criminal
Defense Lawyers (KACDL) provided written-only opponent
testimony, stating the bill is premature because the litigation
related to this issue is still pending.

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 No other testimony was provided.

House Committee on Judiciary
In the House Committee hearing on March 15, 2021, the
Deputy Solicitor General testified as a proponent of the bill.
Written-only opponent testimony was submitted by a
representative of KACDL.
No other testimony was provided.
On March 24, 2021, the House Committee amended the
bill to change the effective date to upon publication in the
Kansas Register.

House Committee of the Whole
On March 29, 2021, the House Committee of the Whole
adopted an amendment to add provisions related to the
crimes of aggravated criminal sodomy and aggravated sexual
battery.

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 would have a
negligible fiscal effect on the operations of the Judicial
Branch.
Criminal procedure; jurisdiction; proximate result; crimes; punishment","criminal
sodomy; aggravated sexual battery


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Statutes affected:
As introduced: 21-5106
As Amended by House Committee: 21-5106
{As Amended by House Committee of the Whole}: 21-5106, 21-5504, 21-5505
Enrolled: 8-1568, 21-5106, 21-5505, 21-5804, 22-4902, 22-4906