SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2031
As Amended by House Committee on
Corrections and Juvenile Justice
Brief*
HB 2031, as amended, would create a special
sentencing rule stating that, notwithstanding statutory
provisions regarding lesser and included crimes or any other
provisions of law to the contrary, the sentence for a violation
of criminal possession of a weapon by a convicted felon shall
be presumptive imprisonment and shall be served
consecutively to any other term or terms of imprisonment
imposed, if the trier of fact finds beyond a reasonable doubt
that:
●The weapon the offender possessed during such
violation was a firearm; and
●Such firearm was possessed by the offender during
the commission of any violent felony, as defined by
the bill.
The bill would define “violent felony” to mean the
following crimes defined in statute:
●Capital murder or first- or second-degree murder;
●Voluntary manslaughter;
●Kidnapping or aggravated kidnapping;
●Aggravated assault or aggravated assault of a law
enforcement officer;
____________________
*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 ●Aggravated battery or aggravated battery against a
law enforcement officer;
●Mistreatment of a dependent adult or mistreatment
of an elder person;
●Robbery or aggravated robbery;
●Rape;
●Aggravated criminal sodomy;
●Aggravated endangering a child;
●Abuse of a child;
●Any felony offense under statutes prohibiting the
unlawful manufacturing, cultivation, or distribution
of controlled substances;
●Burglary or aggravated burglary;
●Arson or aggravated arson;
●Treason;
●Criminal discharge of a firearm;
●Fleeing or attempting to elude a police officer;
●Any felony that includes the domestic violence
designation, as determined by the trier of fact
under the relevant statutory procedure; or
●Any attempt, conspiracy, or criminal solicitation of
any felony offense described above.
The bill would provide that a sentence imposed under its
provisions would not be considered a departure sentence and
would not be subject to appeal, and no other sentence would
be permitted.
2- 2031 A whereas clause would provide amendments made by
the bill would be known as the “Reduce Armed Violence Act.”
Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of a
representative of the Kansas Association of Chiefs of Police,
Kansas Peace Officers Association, and Kansas Sheriffs
Association.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on January 25, 2023,
representatives of the Johnson County Sheriff’s Office, the
Kansas Gang Investigators Association, the Kansas Sheriffs
Association, the Kansas State Lodge Fraternal Order of
Police, and the Wichita Police Department testified as
proponents of the bill, stating the would address the rise in
violent crime being committed by convicted felons while using
firearms.
Written-only proponent testimony was provided by the
City of Topeka.
A representative of the Board of Indigents’ Defense
Services Legislative Committee and a private citizen testified
as opponents of the bill, stating concerns with reducing
judicial discretion and offenses involving cannabis within the
qualifying crimes.
No other testimony was provided.
The House Committee amended the bill to remove the
possession of controlled substances from the list of violent
felonies.
3- 2031 Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill, as introduced, the Kansas Sentencing
Commission (Commission) estimates enactment of the bill
would result in an increase of 29 adult prison beds needed by
the end of FY 2023 and an increase of 232 adult prison beds
needed by the end of FY 2033. The current estimated
available bed capacity is 9,428 for males and 936 for
females. Based upon the most recent ten-year projections, it
is estimated the year-end population will total 7,933 male and
764 female inmates in FY 2023.
The Department of Corrections indicates that enactment
of the bill would increase marginal costs for the operation of
correctional facilities for food, clothing, and other supplies.
The annual cost is estimated to be $100,769 based on the FY
2022 marginal cost of $9.52 per day per occupied bed.
The Office of Judicial Administration (OJA) indicates
enactment of the bill would require findings of certain facts to
sentence an offender which could result in longer trial lengths
but a fiscal effect cannot be estimated.
Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
Crimes; Reduce Armed Violence Act; criminal possession of a weapon
4- 2031