Brief⁽¹⁾

S.B. 181 makes changes to the law regarding criminal history classification and cruelty to animals as follows.

• For sentencing guidelines criminal history purposes, every four prior adult nonperson felony convictions shall be rated as a person felony. This provision is from H.B. 2356.



• Every three prior adult convictions or juvenile adjudications of assault beginning three years prior to the date of conviction for the current crime of conviction shall be rated as one adult conviction or juvenile adjudication of a person felony for criminal history purposes. This provision was in the original bill.



• Cruelty to animals is amended to include the intentional burning or causing serious physical injury to an animal. Also amended into the law is a provision that includes intentionally causing any physical injury other than serious physical injury to an animal. The penalty for the first provision is a nonperson felony punishable by confinement of not less than 30 days but not more than one year and a fine of $100. The second provision carries a class A nonperson misdemeanor. These provisions are from H.B. 2474.



• The bill also adds a provision to the crime of giving a worthless check to cover giving a worthless check for a preexisting debt. This is not covered under current law.

Background

Barbara Tombs of the Kansas Sentencing Commission testified in support of the original bill.

The original bill has a possible fiscal impact. This bill could reduce the prison population since it may result in reduced criminal history scores for offenders having numerous prior convictions for misdemeanor assault. The total savings is estimated at $5,300 in FY 2000. Additional savings could result if existing living units were to be closed and a reduction in field supervision caseloads. This decrease in prison admissions could adversely affect the community corrections caseload thereby offsetting any perceived savings.

H.B. 2356 has a possible fiscal impact. H.B. 2474 would have a negligible fiscal impact.

1. *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.ink.org/public/legislative/bill_search.html