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 10, 2023


The Honorable Stephen Owens, Chairperson
House Committee on Corrections and Juvenile Justice
300 SW 10th Avenue, Room 546-S
Topeka, Kansas 66612
Dear Representative Owens:
SUBJECT: Fiscal Note for HB 2186 by House Committee on Corrections and Juvenile
Justice
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2186 is
respectfully submitted to your committee.
HB 2186 would modify the age limits for the crime of unlawful voluntary sexual relations.
Under current law, unlawful voluntary sexual relations is defined as engaging in certain acts with
a child who is ten or more years old but less than 16. The bill would shorten the age range to ten
or more years old but less than 14. The bill would make unlawful voluntary sexual relations a
class A person misdemeanor if the child is 13 or more years old, but less than 19 years of age and
the offender and child are less than 48 months apart. The bill would make unlawful voluntary
sexual relations a severity level 9, person felony if the offender and child are at least 24 months
but less than 48 months apart in age and the offender is 13 or more years of age. Finally, the bill
would change the definition of “offender” as it relates to the Kansas Offender Registration Act to
not include those convicted of unlawful voluntary sexual relations or adjudicated as a juvenile
offender for an act that would constitute unlawful voluntary sexual relations.
The Office of Judicial Administration indicates enactment of the bill could increase the
number of cases filed in district courts because it modifies who can commit crimes. This would
increase the time spent by district court judicial and nonjudicial personnel in processing,
researching, and hearing cases. The bill could also result in the collection of docket fees in cases
filed under the provisions of the bill, which would be deposited in the State General Fund.
However, a precise fiscal effect cannot be estimated because the number of additional cases is
unknown.
The Honorable Stephen Owens, Chairperson
Page 2—HB 2186

The Sentencing Commission indicates enactment of the bill would reduce the number of
prison beds needed, but that the effect would be negligible.
The Department of Corrections states that no youth have been sentenced to the Kansas
Juvenile Correctional Complex for unlawful voluntary sexual relations in the past two years and
that enactment of the bill would have no fiscal effect on the agency. Any fiscal effect associated
with HB 2186 is not reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Randy Bowman, Department of Corrections
Vicki Jacobsen, Judiciary
Scott Schultz, Sentencing Commission


Statutes affected:
As introduced: 21-5507, 22-4902