SESSION OF 2025
SUPPLEMENTAL NOTE ON SENATE BILL NO. 186
As Amended by House Committee on Judiciary
Brief*
SB 186, as amended, would amend criminal procedure
laws related to the availability of probable cause information,
setting bond for persons charged with certain sex offenses,
and scoring the criminal history of an offender in certain
circumstances.
The bill would also make technical amendments to
implement its provisions.
Probable Cause Information—Warrant or Summons
The bill would require affidavits or sworn testimony
supporting probable cause in the issuance of a warrant or
summons to be made available to law enforcement agencies
prior to the execution of such warrant or summons.
Bond Setting—Sex Crimes
The bill would make changes to criminal bond laws to
require a magistrate determine prior convictions of the
underlying offense or comparable out-of-state convictions
upon available evidence when setting bond if the defendant
has been charged with:
●Rape;
●Criminal sodomy or aggravated criminal sodomy;
____________________
*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
https://klrd.gov/ ●Aggravated sexual battery; or
●Indecent liberties with a child or aggravated
indecent liberties with a child.
If the magistrate determines that such defendant has a
prior conviction of a sexually violent crime, as defined in
continuing law, the bill would require a minimum bond amount
of $750,000. Additionally, the bill would require minimum
conditions for the bond include: no contact with any victims or
witnesses, and require the magistrate place the defendant
under a house arrest program.
The bill would further specify that bond could not be
reduced or modified downward unless the magistrate
determines by a preponderance of the evidence at an
evidentiary hearing and makes a written finding on the record
that the defendant is not a public safety risk or a flight risk. At
the evidentiary hearing, there would be a presumption that
the defendant is both a public safety risk and a flight risk.
Criminal History Scoring—Unconstitutional Crimes
Under continuing law, a sentencing court may not
consider statutorily defined crimes that have been determined
by an appellate court to be unconstitutional when calculating
an offender’s criminal history score.
The bill would create an exception that would require a
conviction of a previously determined unconstitutional crime
be included in a criminal history score calculation if the
decision making the offense unconstitutional is later overruled
or reversed by an order or opinion of the Supreme Court of
Kansas or the Supreme Court of the United States.
2- 186 Background
The House Committee on Judiciary amended SB 186 to
insert the provisions of HB 2389, as amended by the House
Committee on Judiciary, and HB 2401, as introduced, while
retaining the contents of SB 186.
SB 186 (Probable Cause Information)
SB 186 was introduced by the Senate Committee on
Judiciary at the request of a representative of the Kansas
Sheriffs Association, Kansas Association of Chiefs of Police,
and Kansas Peace Officers Association.
Senate Committee on Judiciary
In the Senate Committee hearing, a representative of
the Kansas Sheriffs Association and Kansas Association of
Chiefs of Police provided proponent testimony. The
proponent stated the proposed language of SB 186 is needed
for law enforcement to receive warrant information in the
State’s court records management system.
Written-only neutral testimony was provided by a
representative of the State Board of Indigents’ Defense
Services.
No other testimony was provided.
The Senate Committee recommended the bill be placed
on the Consent Calendar.
House Committee on Judiciary
In the House Committee hearing, proponent testimony
was provided by a representative of the Kansas Sheriffs
Association, Kansas Association of Chiefs of Police, and
3- 186 Kansas Peace Officers Association that was substantially
similar to testimony provided in the Senate Committee.
Written-only neutral testimony was provided by a
representative of the State Board of Indigents’ Defense
Services.
No other testimony was provided.
HB 2389 (Bond Setting—Sex Crimes)
HB 2389 was introduced by the House Committee on
Federal and State Affairs at the request of Representative
Essex on behalf of Representative L. Williams.
House Committee on Judiciary
In the House Committee hearing, proponent testimony
was provided by Representative L. Williams and the Johnson
County District Attorney. The conferees stated the bill would
provide additional safety for victims of sex crimes and could
result in additional safety to the community due to additional
bond considerations.
Written-only proponent testimony was provided by
Senator Pettey; a representative of the Kansas Association of
Chiefs of Police, Kansas Peace Officers Association, and
Kansas Sheriffs Association; a representatives of the City of
Overland Park; a representative of the Samuel Rodgers
Health Center; three former state legislators; and 44 private
citizens.
No other testimony was provided.
The House Committee amended the bill to:
●Remove the crime of sexual battery from the list of
prior convictions to be determined;
4- 186 ●Require a court to determine, rather than consider,
prior convictions upon available evidence; and
●Add language to specify a minimum bond amount
of $750,000, set minimum conditions, and establish
findings required for a reduced or modified bond for
sexually violent crimes.
HB 2401 (Criminal History Scoring—Unconstitutional
Crimes)
HB 2401 was introduced by the House Committee on
Federal and State Affairs at the request of Representative
Humphries.
House Committee on Judiciary
In the House Committee hearing, proponent testimony
was provided by the Sedgwick County District Attorney on
behalf of the Kansas County & District Attorneys Association.
The conferee stated the bill would address case law that
interpreted current law to require convictions to be counted
toward criminal history, even if the crime was later found to be
unconstitutional. The conferee stated his belief that this
decision was contrary to the legislative intent behind the
statute.
Opponent testimony was provided by a representative
of the Board of Indigents’ Defense Services (BIDS). The
conferee stated the bill would seek to undo a court decision
and would result in further uncertainty in sentencing and
result in unnecessary appeals.
No other testimony was provided.
5- 186 Fiscal Information
SB 186 (Probable Cause Information)
According to the fiscal note prepared by the Division of
the Budget on SB 186, as introduced, the Office of Judicial
Administration indicates enactment of the bill could increase
expenditures for the Judicial Branch, but a precise fiscal
effect cannot be estimated. Any fiscal effect associated with
enactment of SB 186 is not reflected in The FY 2026
Governor’s Budget Report.
HB 2389 (Bond Setting—Sex Crimes)
According to the fiscal note prepared by the Division of
the Budget on HB 2389, as introduced, the Office of Judicial
Administration indicates enactment of the bill could increase
expenditures for the Judicial Branch because the bill would
require the court to consider certain factors when bond is
being set for certain sex offenses. This would increase the
time spent by district court judicial and non-judicial personnel
in processing, researching, and hearing cases. However, a
fiscal effect cannot be estimated. Any fiscal effect associated
with HB 2389 is not reflected in The FY 2026 Governor’s
Budget Report.
HB 2401 (Criminal History Scoring—Unconstitutional
Crimes)
According to the fiscal note prepared by the Division of
the Budget on HB 2401, as introduced, the Office of Judicial
Administration indicates enactment of the bill would have a
minimal fiscal effect that could be absorbed within existing
resources. Any fiscal effect associated with HB 2401 is not
reflected in The FY 2026 Governor’s Budget Report.
Criminal procedure; criminal history; warrants; bond; law enforcement; sex crimes
6- 186