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 http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor
Division of the Budget
February 28, 2023
The Honorable Fred Patton, Chairperson
House Committee on Judiciary
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2379 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2379 is
respectfully submitted to your committee.
HB 2379 would amend current law by removing provisions that prohibit the court from
entering a protection from abuse order against the plaintiff, unless the defendant properly files a
written cross or counter petition seeking a protection order; the plaintiff had reasonable notice of
the cross or counter petition by personal service; and the court made specific findings of abuse
against both the plaintiff and defendant that both parties acted primarily as aggressors and neither
party acted in self-defense. The bill would specify if a court issues an order, the court would also
issue an order restraining the plaintiff from abusing, molesting, or interfering with the privacy or
rights of the defendant. The order would be required to state that if the order is violated, the
violation may constitute violation of a protective order.
The bill would also specify that if the court issues an order, the court would also issue an
order restraining the plaintiff from harassing, telephoning, contacting, or communicating with the
defendant. The order would be required to state that if the order is violated, the violation may
constitute violation of a protective order.
The Office of Judicial Administration states enactment of HB 2379 could increase the
number of cases filed in district court because the bill’s provisions expand the number of people
who may commit a crime, which would increase the time spent by judges and court employees
processing and hearing cases. Since a portion of the crime carries a misdemeanor penalty, there
could be additional supervision of offenders required to be performed by court service officers.
The Office estimates that enactment of the bill could result in the collection of supervision fees,
docket fees, and fines in those cases filed under the bill’s provisions, which could be credited to The Honorable Fred Patton, Chairperson
Page 2—HB 2379
the State General Fund. 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. Any fiscal effect
associated with HB 2379 is not reflected in The FY 2024 Governor’s Budget Report.
Sincerely,
Adam Proffitt
Director of the Budget
cc: Vicki Jacobsen, Judiciary