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 C. Proffitt, Director Laura Kelly, Governor Division of the Budget February 1, 2024 The Honorable Kellie Warren, Chairperson Senate Committee on Judiciary 300 SW 10th Avenue, Room 346-S Topeka, Kansas 66612 Dear Senator Warren: SUBJECT: Fiscal Note for SB 380 by Senate Committee on Judiciary In accordance with KSA 75-3715a, the following fiscal note concerning SB 380 is respectfully submitted to your committee. SB 380 would amend a special sentencing rule for criminal discharge of a firearm when another person is present. Under current law, the criminal discharge of a firearm in the presence of another person carries a mandatory 60 months of imprisonment in addition to the sentence prescribed in Kansas sentencing guidelines, and a mandatory 120 months of additional imprisonment if the violation occurs in the presence of a person under the age of 14. The bill would substitute the word “and” with “or” to clarify that these special penalties are not additive. The Department of Corrections indicates that enactment of the bill may increase agency operating expenditures by a negligible amount. The Sentencing Commission indicates that the bill may increase prison admissions and reduce bed space, but this effect is likely to be small. The Judiciary indicates that the bill would not have a fiscal effect on its operations. Any fiscal effect associated with SB 380 is not reflected in The FY 2025 Governor’s Budget Report. Sincerely, Adam C. Proffitt Director of the Budget cc: Trisha Morrow, Judiciary Scott Schultz, Kansas Sentencing Commission Jennifer King, Department of Corrections