Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


February 19, 2021


The Honorable Russell Jennings, Chairperson
House Committee on Corrections and Juvenile Justice
Statehouse, Room 151B-S
Topeka, Kansas 66612
Dear Representative Jennings:
SUBJECT: Fiscal Note for HB 2223 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2223 is
respectfully submitted to your committee.
HB 2223 would remove “sodomy between persons who are 16 or more years of age and
members of the same sex” from the definition of “criminal sodomy.” The bill would also add a
provision to the definition of “aggravated criminal sodomy” to include 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 legally required procedure
within the scope of the offender’s authority.
The bill would add a provision to the definition of “aggravated sexual battery” to include
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 legally required procedure within the scope of the offender’s authority.
The Office of Judicial Administration states that enactment of HB 2223 could increase the
number of cases filed in district court because the bill expands the crimes of aggravated criminal
sodomy and aggravated sexual battery, which could result in more time spent by court employees
and judges processing and hearing cases. According to the Office, a fiscal effect cannot be
estimated until the Judicial Branch has had an opportunity to operate under the bill’s provisions.
The Office also indicates enactment of the bill could result in additional revenue through the
collection of docket fees.
The Honorable Russell Jennings, Chairperson
Page 2—HB 2223

The Kansas Sentencing Commission states enactment of the bill could have an effect on
prison admissions and bed space; however, the Commission does not have enough information to
estimate what that the effect would be. The Department of Corrections states enactment of the bill
would not have a fiscal effect on Department operations.
The State Board of Indigents’ Defense Services states enactment of the bill could increase
medical expert costs, as well as potentially increasing workloads to process the billing for the
medical experts; however, the Board does not have enough information to estimate a fiscal effect.
Any fiscal effect associated with HB 2223 is not reflected in The FY 2022 Governor’s Budget
Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Debbie Thomas, Judiciary
Scott Schultz, Sentencing Commission
Randy Bowman, Corrections
Heather Cessna, Indigents Defense Services


Statutes affected:
As introduced: 21-5504, 21-5505