SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2224
As Amended by Senate Committee on Public
Health and Welfare

Brief*
HB 2224, as amended, would modify the law governing
court-ordered testing for infectious diseases.

Infectious Disease Testing
Current law requires that at the time of an appearance
before a magistrate judge, the magistrate shall inform any
person arrested and charged with a crime in which it appears,
from the nature of the charge, the transmission of body fluids
from one person to another may have been involved, of the
availability of infectious disease tests and shall notify alleged
victims that infectious disease tests and counseling are
available.
The bill would require a court to order a person who has
been arrested and charged to submit to infectious disease
tests if:
● The victim of the crime or the county or district
attorney requests the court to order such tests; or
● Such person stated they have an infectious
disease or were infected with an infectious
disease, or used words of like effect to the
arresting law enforcement officer.

____________________
*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
 The bill would also require convicted persons to pay
restitution to the Department of Health and Environment
(KDHE). Current law requires adjudicated persons to pay
restitution for such costs.

Definitions
The bill would amend the definition of “infectious
disease” to include any diseases designated by KDHE as
“infectious or contagious in their nature” through rules and
regulations adopted pursuant to continuing law.
[Note: The bill would also make a technical amendment
replacing a reference to the Juvenile Justice Authority
(Authority) with a reference to the Department of Corrections.
The Authority was abolished by 2013 Executive
Reorganization Order (ERO) No. 42. The Authority’s duties
were transferred by the ERO to the Department of
Corrections.]

Technical and Conforming Amendments
The bill would also make technical and conforming
amendments to ensure consistency in statutory phrasing.

Background
The bill was introduced by the House Committee on
Federal and State Affairs at the request of Representative
Barker.

House Committee on Federal and State Affairs
In the House Committee hearing, representatives of the
Kansas Association of Chiefs of Police, the Kansas Peace
Officers Association, and the Kansas Sheriffs Association;
KDHE; and the League of Kansas Municipalities testified as
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proponents of the bill, stating the bill would update the law
by allowing KDHE to define a list of infectious diseases in
rules and regulations, which would allow the agency to
efficiently address diseases, such as COVID-19, more
quickly. Written-only proponent testimony was submitted by
representatives of the Kansas State Council of Firefighters
and the Kansas State Lodge of the Fraternal Order of Police.
A representative of Equality Kansas testified as an
opponent of the bill, stating the bill would make arrest
grounds for compulsory medical testing, assessment of costs,
and public disclosure of medical information. Written-only
opponent testimony was submitted by a representative of the
Kansas Association of Criminal Defense Lawyers. No other
testimony was provided.
The House Committee amended the bill to make
clarifications concerning when court-ordered testing is
required and clarifying that court-ordered restitution costs
would be incurred by the person convicted. The House
Committee also made technical and conforming
amendments.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing, representatives of the
Kansas Association of Chiefs of Police, the Kansas Peace
Officers Association, the Kansas Sheriffs Association, and
KDHE provided proponent testimony. Written-only
proponent testimony was provided by the Kansas State
Lodge Fraternal Order of Police and the League of Kansas
Municipalities. No other testimony was provided.
The Senate Committee amended the bill to change its
effective date to upon publication in the statute book.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, KDHE indicates the
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fiscal effect of the bill would likely be negligible and could be
absorbed within existing resources.
Any fiscal effect associated with the bill is not reflected
in The FY 2022 Governor’s Budget Report.
Infectious diseases; bodily fluids; Department of Health and Enviornment


4- 2224


Statutes affected:
As introduced: 65-6009, 65-6001, 38-2302
As Amended by House Committee: 65-6009, 65-6001, 38-2302
As Amended by Senate Committee: 65-6009, 65-6001, 38-2302
Enrolled: 65-6009, 65-6001, 38-2302