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


May 19, 2021


The Honorable John Barker, Chairperson
House Committee on Federal and State Affairs
Statehouse, Room 285A-N
Topeka, Kansas 66612
Dear Representative Barker:
SUBJECT: Fiscal Note for HB 2454 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2454 is
respectfully submitted to your committee.
HB 2454 would add two additional provisions to the crime of criminal discharge of a
firearm. The bill would specify that it would be a crime to discharge a firearm when a projectile
travels beyond the boundaries of the property from which any authorized discharge of a firearm
occurred or outside the corporate limits of a city and within two miles of any school property or
grounds upon which is located a building or structure used by a unified school district or an
accredited nonpublic school for student instruction, attendance, or extracurricular activities of
pupils enrolled in kindergarten through grade 12.
The bill would establish a severity level nine, person felony if the criminal discharge of a
firearm results in no bodily harm; a severity level five, person felony if there is bodily harm; and
a severity level three, person felony, if there is great bodily harm. The bill would also add a
provision detailing when a discharge of a fireman would be considered lawful self-defense.
The Office of Judicial Administration states that enactment of HB 2454 could increase the
number of cases filed in district court because the bill would expand the crime of criminal
discharge of a firearm, which could result in more time spent by court employees and judges
processing and hearing cases. The Office states since a portion of this crime carries a severity
level nine, person felony, there could be additional supervision of offenders required to be
performed by court service officers. 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
additional docket and supervision fees.
The Honorable John Barker, Chairperson
Page 2—HB 2454

The Kansas Sentencing Commission states enactment of the bill may have an effect on
prison admissions and beds; however, the Commission does not have enough information to
estimate what that effect would be. The Department of Corrections states enactment of the bill
would have a negligible fiscal effect on Department operations. Any fiscal effect associated with
HB 2454 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
Craig Neuenswander, Education


Statutes affected:
As introduced: 21-6308