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 25, 2025
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 96 by Senator Haley
In accordance with KSA 75-3715a, the following fiscal note concerning SB 96 is
respectfully submitted to your committee.
SB 96 would create the crime of deprivation of rights under color of law, which would
apply when a person, under the color of law, knowingly subjects another person to the deprivation
of their rights, privileges, or immunities secured by the U.S. Constitution or Kansas law. This
would include causing bodily harm, great bodily harm, mental anguish, emotional harm, or
monetary loss to another person.
The bill would classify offenses of deprivation of rights under color of law based on the
severity of harm caused. Deprivation that results in bodily harm or mental anguish would be
classified as a Class B person misdemeanor. Deprivation causing great bodily harm would be
classified as a severity level 4, person felony. If the deprivation involves bodily harm with a deadly
weapon or similar means, the offense would be classified as a severity level 7, person felony. For
monetary loss, the offense would be classified as a severity level 9, nonperson felony for losses
between $1,000 and $25,000, and a severity level 7, nonperson felony for losses over $25,000.
The bill would also authorize a civil cause of action for victims, allowing them to seek
restitution for damages, including attorney fees. A prevailing plaintiff would be entitled to recover
three times the actual damages or $10,000, whichever is greater. The bill would take effect on
July 1, 2025.
The Board of Indigents Defense Services indicates that the bill would increase agency
expenditures on legal counsel and support staff by unknown amounts. The Board estimates that The Honorable Kellie Warren, Chairperson
Page 2—SB 96
on average, a severity level 9, person felony case requires 35 hours of direct work by an attorney
to provide constitutionally adequate representation. Based on the rates of $83.36 per hour for
public defenders and $125 per hour for assigned counsel, each new severity level 9, person felony
case brought to the agency would result in State General Fund expenditures of $2,918 to $4,375.
The Board indicates that on average, a severity level 4-7, person felony case requires 57 hours of
defense attorney work. Therefore, each new severity level 4-7, person felony case brought to the
agency would result in State General Fund expenditures of $4,752 to $7,125. The Board indicates
that it may require 1.00 new FTE attorney position and possibly additional support staff depending
on the number of new cases brought to the agency under the provisions of the bill.
The Sentencing Commission indicates that the bill has the potential to increase prison
admissions and the number of prison beds by a negligible amount. The Department of Corrections
indicates that the bill could increase agency operating expenditures by a negligible amount, which
would be accommodated within existing resources.
The Judiciary indicates that the bill has the potential to increase the number of cases filed
in district courts. This may increase agency operating expenditures due to the additional time spent
by district court judicial and nonjudicial personnel in processing, researching, and hearing cases.
However, the Judiciary is unable to calculate a precise estimate of this effect. The bill has the
potential to increase the collection of docket fees, which are deposited in the State General Fund;
however, the amount of additional collections is unknown. Any fiscal effect associated with SB
96 is not reflected in The FY 2026 Governor’s Budget Report.
The Kansas Association of Counties and the League of Kansas Municipalities indicate that
the bill has the potential to increase local government expenditures on legal proceedings by
unknown amounts.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Trisha Morrow, Judiciary
Jennifer King, Department of Corrections
Jay Hall, Kansas Association of Counties
Wendi Stark, League of Kansas Municipalities
Heather Cessna, Board of Indigents Defense Services
Scott Schultz, Kansas Sentencing Commission