SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE BILL NO. 366
As Amended by House Committee on
Corrections and Juvenile Justice

Brief*
SB 366, as amended, would amend the definition of the
crime of burglary by expanding the locations in which a
person may not, without authority, enter or remain within to
include any locked or secured portion of any dwelling or
building, manufactured home, mobile home, tent, or other
structure which is not a dwelling, with intent to commit a
felony, theft, or sexually motivated crime therein. The bill
would also amend the definition of the crime of aggravated
burglary to prohibit the same conduct when there is a human
being present in the locations specified by the bill.
The bill would be in effect upon publication in the
Kansas Register.
Background
The bill was introduced in the Senate Committee on
Judiciary at the request of a representative of the Kansas
Association of Chiefs of Police, Kansas Peace Officers
Association, and Kansas Sheriffs Association (law
enforcement organizations).
Senate Committee on Judiciary
In the Senate Committee hearing on January 31, 2022,
a representative of the three law enforcement organizations
referenced above provided proponent testimony, stating the
____________________
*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
purpose of the bill is to address a gap in the burglary statute
identified in State v. Glover, 56 Kan. App. 2d 1234 (2019). A
representative of the Kansas County and District Attorneys
Association provided written-only proponent testimony. No
other testimony was provided.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on March 7, 2022, a
representative of the Kansas County and District Attorneys
Association and a representative of the three law
enforcement organizations referenced above provided
proponent testimony. A representative of the Kansas
Association of Criminal Defense Attorneys provided written-
only opponent testimony. No other testimony was provided.
The House Committee amended the bill to make it
effective upon publication in the Kansas Register.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration (OJA) states enactment of the bill could
increase the number of cases filed in district court, which
could result in more time spent by court employees and
judges processing and deciding those cases. OJA indicates
additional supervision of offenders could be required of court
services officers, and could result in the collection of
additional docket and supervision fees assessed. However, a
fiscal effect cannot be estimated.
The Kansas Sentencing Commission states enactment
of the bill could have an effect on prison admissions and
beds; however, the Commission does not have enough
information to estimate what that effect could be. Any fiscal
effect associated with enactment of the bill is not reflected in
The FY 2023 Governor’s Budget Report.
Crimes; punishment; burglary

2- 366


Statutes affected:
As introduced: 21-5807
As Amended by House Committee: 21-5807
Enrolled: 21-6614, 22-4902, 22-4906, 22-4908