SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2329
As Recommended by House Committee on
Corrections and Juvenile Justice
Brief*
HB 2329 would increase the penalty under a special
sentencing rule related to possessing a firearm during the
commission of a drug felony. The bill would increase the
penalty for an offender who possessed a firearm to commit or
further a drug felony from 6 months of additional
imprisonment to 36 months, and from 18 months additional
imprisonment to 60 months if the firearm is discharged.
Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of a
representative of the Wichita Police Department.
House Committee on Corrections and Juvenile Justice
At the bill hearing on February 14, 2023, representatives
of the Johnson County Sheriff Department, the Kansas
Association of Chiefs of Police, Kansas Peace Officers
Association, Kansas Sheriffs Association, and the Wichita
Police Department presented proponent testimony. The
proponents generally stated drug sales and guns are
connected, so the bill could decrease violent crimes.
A private citizen presented written-only opponent
testimony, stating the bill would have a positive impact
____________________
*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 overall, but cultivation of marijuana should not be included as
a drug felony. Written-only opponent testimony also was
provided by a representative of the Kansas State Board of
Indigents’ Defense Services Legislative Committee, which
raised concerns about not requiring the firearm to be used in
the felony for the rule to be applied.
No other testimony was provided.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget, the Kansas Sentencing Commission indicates no
additional prison beds would be needed by the end of FY
2024, and 21 additional beds would be needed by the end of
FY 2033. The Department of Corrections and the Office of
Judicial Administration indicate the enactment of the bill
would have no fiscal effect on the agency or on the
operations of the Judicial Branch. Any fiscal effect associated
with enactment of the bill is not reflected in The FY 2024
Governor’s Budget Report.
Firearm possession; drug felony; sentencing grid; special sentencing rule; additional
imprisonment
2- 2329