SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2120
As Recommended by House Committee on
Judiciary

Brief*
HB 2120 would amend the definition of the crime of
sexual battery to remove the element requiring the crime be
committed against a victim “who is not the spouse of the
offender.” The bill would also make a technical amendment to
the definition of the crime of aggravated sexual battery in
accordance with the change to the definition of sexual battery.

Background
The bill was introduced by the House Committee on
Judiciary at the request of Representative Patton on behalf of
Representative Parker.

House Committee on Judiciary
In the House Committee hearing on February 2, 2021,
proponent testimony was provided by representatives of the
Kansas Coalition Against Sexual and Domestic Violence and
the Metropolitan Organization to Counter Sexual Assault and
by a private citizen, stating the bill would ensure Kansas
citizens are protected against sexual violence in domestic
circumstances. No other testimony was provided.


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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
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, the Office of Judicial Administration
(OJA) indicates enactment of the bill could have a fiscal effect
on the Judicial Branch and result in more time spent by court
employees and judges processing and deciding these cases.
Enactment of the bill would also increase the amount of
supervision of offenders required by court service officers.
The OJA estimates enactment of the bill could result in the
collection of docket fees, fines, and supervision fees
assessed in those cases filed under the bill’s provisions. The
Kansas Sentencing Commission stated enactment of the bill
could have an effect on prison admissions and bed space;
however, the effect cannot be estimated. Any fiscal effect
associated with enactment of the bill is not reflected in The
FY 2021 Governor’s Budget Report.
Sexual battery; spousal exception


2- 2120


Statutes affected:
As introduced: 21-5505