Brief ⁽¹⁾

SB 132 expands the crime of aggravated battery in KSA 21-3414 to include injuries unintentionally inflicted on another person causing great bodily harm or disfigurement or bodily harm while committing or attempting to commit violations of the following crimes:

• Driving under the influence of alcohol or drugs (KSA 8-1567);
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• Fleeing or eluding a police officer (KSA 8-1568); and
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• Operating a vessel under the influence of alcohol or drugs (KSA 32-1151).

SB 132 provides three new subsections of the aggravated battery statutes as follows:

• Unintentionally causing great bodily harm to another person or disfigurement of another person which is done while committing or attempting to commit a violation of the above crimes is a severity level 6, person felony;
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• Unintentionally causing bodily harm to another person whereby great bodily harm, disfigurement, or death can be inflicted which is done while committing or attempting to commit a violation of one of the above crimes is a severity level 9, person felony; and
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• Unintentionally causing bodily harm to another person which is done while committing or attempting to commit a violation of one of the above crimes is a class A misdemeanor.

Background

SB 132 was requested by the Attorney General's office as a result of the Far-Reaching Alteration of Traffic and Alcohol Laws Task Force (FATAL). FATAL made its recommendation as a result of the Kansas Supreme Court's decision State v. Huser, 265 Kan. 228 (1998) in which the Court held that driving while intoxicated and causing injury does not equate to reckless conduct as required under the aggravated battery statute. The FATAL Task Force believes that there should be appropriate felony penalties for these individuals who cause great bodily harm or bodily harm.

The Sentencing Commission estimates that SB 132 would increase prison admissions by 10 to 20 inmates in 2002. By FY 2011, SB 132 would require between 33 and 68 additional prison beds. The Department of Corrections estimates that the costs for housing, support, and health care would total $5,000 per inmate in FY 2002. The estimated fiscal effect for the projected additional inmate population could range from $50,000 to $100,000 in FY 2002. Additional expenditures resulting from passage of SB 132 are not included in The FY 2002 Governor's Budget Report.

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/fulltext.cgi