WeVote
Log In

Bill

Bill

HB 2177

Modifying the vital statistics definition of fetal death.

2025-2026 Regular Session Introduced by Lisa Parshley and 2 co-sponsors

The bill raises felony levels and penalties for repeat offenders who flee or elude police under dangerous circumstances.

Prefiled for introduction.
0
WeVote Research Nonpartisan
Bill Summary · HB 2177

Summary — HB 2177 (2025): Increasing penalties for fleeing or attempting to elude a police officer (repeat offenders)

Status
- Introduced: January 28, 2025 (requested by Rep. Barrett)
- Committee hearing scheduled: Tuesday, March 4, 2025, 10:30 AM, Room 346‑S
- Recommended by: House Committee on Corrections and Juvenile Justice (supplemental note issued)

Purpose / Intent
- To increase criminal sentencing severity for persons who flee or attempt to elude police when the person has prior convictions for the same offense, so repeat offenders face escalated felony classifications and stiffer penalties when the fleeing conduct involves aggravating circumstances.

Key provisions (substance of the bill)
- Maintains existing distinctions between simple eluding and more dangerous forms of fleeing, but increases sentencing levels for repeat offenders in specified categories.
- Offenses and sentencing after prior convictions:

  1. Simple eluding (subsection (a)):

    • No prior conviction: Class B nonperson misdemeanor
    • One prior conviction: Class A nonperson misdemeanor
    • Two or more prior convictions: Severity level 9 person felony (same structure retained)

  2. Aggravated fleeing while committing certain dangerous acts or attempting to elude for a felony (subsection (b)(1) or (b)(2)): includes failing to stop for a roadblock, driving around tire‑deflating devices, reckless driving, involvement in an accident or intentionally causing property damage, committing five or more moving violations, operating a stolen vehicle, or fleeing to avoid capture for a felony. Sentencing for these acts:

    • No prior: Severity level 9 person felony
    • One prior: Severity level 7 person felony
    • Two or more priors: Severity level 5 person felony

  3. Particularly hazardous conduct (subsection (b)(3)): includes knowingly driving the wrong way into opposing traffic, departing into an opposing lane causing another driver to take evasive action, driving through an intersection causing an evasive maneuver, or causing a collision. Sentencing for these acts:

    • No prior: Severity level 7 person felony
    • One prior: Severity level 6 person felony
    • Two or more priors: Severity level 4 person felony
  • Additional mandatory fine: If the driver was operating a stolen motor vehicle during the offense, the court must impose a fine of not less than $500.
  • Affirmative defense preserved: defendant may assert they reasonably believed the pursuing vehicle was not a police vehicle/bicycle.
  • Definitions and procedural details: clarifies what counts as a “conviction” (includes forfeiture of bond not vacated) and what constitutes an “appropriately marked” police vehicle; directs vehicle licensing division to promote public awareness of the statute.
  • Effective upon publication; technical implementing amendments included.

Who is affected
- Individuals charged with fleeing or attempting to elude police in Kansas — especially repeat offenders whose subsequent eluding offenses occur under the aggravated circumstances described.
- State and local criminal justice systems (prosecutors, public defenders/Board of Indigents’ Defense Services, courts, corrections) and local governments (sheriffs, police departments).

Fiscal and operational impacts
- Board of Indigents’ Defense Services: increased defense workload and costs. Estimated additional State General Fund cost per case:
- Upgrading a misdemeanor to severity level 9: ~$2,918–$4,375 per case (based on average attorney hours and rates).
- Upgrading from level 9 to level 5–7: ~$1,834–$2,750 additional per case.
- Could require 1.0 FTE attorney and support staff depending on caseload.
- Judicial Branch: potential reduction in court supervision revenue (fewer offenders eligible for supervision), magnitude undetermined.
- Kansas Sentencing Commission / Department of Corrections: possible increase in prison admissions and needed beds; effect not precisely estimated.
- Counties and municipalities: potential increased expenditures for enforcement and legal proceedings (unknown amount).

Stakeholder testimony (committee)
- Proponents: Kansas Association of Chiefs of Police, Kansas Peace Officers Association, Kansas Sheriffs Association, Coffey County Sheriff’s Office, Kansas Highway Patrol (written). They argued repeat flee/elude offenders pose high risk to public safety and penalties should escalate.
- Opponent (written/oral): Board of Indigents’ Defense Services, expressing concern about potentially disproportionate punishment for third‑time offenders and noting that upgraded felony levels could place these offenses alongside violent crimes in sentencing severity.

Notes and context
- The bill builds on existing law that already classifies certain fleeing conduct as felonies; its primary change is escalation of felony severity levels for repeat offenders under specified dangerous circumstances.
- Exact budgetary and correctional impacts depend on how many cases are reclassified and result in prison sentences; those figures were not determined in the fiscal note.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.