As Recommended by House Committee on

HB 2389 would amend the definition of “complaint” in
the Kansas Code of Criminal Procedure to include a notice to
appear issued by a law enforcement officer for a violation of
unlawful possession of a controlled substance when the
substance involved is marijuana. Continuing portions of the
definition would be reorganized to reflect this addition, and
the bill would make other technical amendments to ensure
consistency in statutory phrasing.
The bill was introduced by the House Committee on
Judiciary at the request of Representative Croft on behalf of
the Johnson County Sheriff.
House Committee on Judiciary
In the House Committee hearing on February 23, 2021,
Representative Croft and a representative of the Johnson
County Sheriff’s Office testified as proponents of the bill,
stating it would provide consistency between local and county
or state law enforcement officers in issuing notices to appear
for marijuana possession offenses. A private citizen and a
representative of the Kansas Peace Officers Association and
Kansas Sheriffs Association provided written-only proponent
testimony. A representative of the American Civil Liberties
Union of Kansas provided written-only neutral testimony. No
other testimony was provided.
*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
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget, the Office of Judicial Administration states
enactment of the bill would have a negligible fiscal effect on
Judicial Branch operations. The Kansas Sentencing
Commission states enactment of the bill would have no effect
on prison admissions or beds. The League of Kansas
Municipalities and the Kansas Association of Counties state
enactment of the bill would have a negligible fiscal effect on
local governments.
Criminal procedure; complaint; notice to appear; marijuana

2- 2389

Statutes affected:
As introduced: 22-2202