Bill Summary – FastDemocracy

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 23, 2021


          The Honorable Kellie Warren, Chairperson
          Senate Committee on Judiciary
          Statehouse, Room 441B-E
          Topeka, Kansas 66612
          Dear Senator Warren:
                    SUBJECT:      Fiscal Note for SB 246 by Senate Committee on Judiciary
                  In accordance with KSA 75-3715a, the following fiscal note concerning SB 246 is
          respectfully submitted to your committee.
                   SB 246 would prohibit the observation of the collection of forensic evidence by any person
          other than those collecting the evidence, unless the person who the evidence is being collected
          from waives their right to privacy. The agency conducting the collection would be required to
          prepare a report outlining certain details of the collection. The bill would limit civil and criminal
          liability when the collection is performed in a reasonable manner according to generally accepted
          forensic evidence collection practices. The bill would specify that law enforcement officers would
          be allowed to be present during a forensic evidence collection. Finally, the bill would add a
          definition of “forensic evidence collection” as it relates to criminal procedure.
                 The Kansas Bureau of Investigation notes that enactment of the bill could create security
          concerns because it is possible only one officer or evidence collector would be allowed to be
          present with a suspect during evidence collection unless the suspect waives their right to privacy.
          However, a fiscal effect cannot be estimated.
                  The Office of the Attorney General indicates enactment of the bill would have no fiscal
          effect on the agency. Any fiscal effect associated with SB 246 is not reflected in The FY 2022
          Governor’s Budget Report.

                                                                Sincerely,

                                                                Adam Proffitt
                                                                Director of the Budget
          cc: Paul Weisgerber, KBI
              Willie Prescott, Office of the Attorney General
Statutes affected: 
As introduced: 22-2520, 22-2523, 22-2524, 22-2521