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Kansas House Bill HB2031

Kansas 2023-2024 Regular Session

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11 Session of 2023
22 HOUSE BILL No. 2031
33 By Committee on Corrections and Juvenile Justice
44 1-13
55 AN ACT concerning crimes, punishment and criminal procedure; enacting
66 the reduce armed violence act; increasing criminal penalties for certain
77 violations of criminal possession of a weapon by a convicted felon that
88 involve firearms; amending K.S.A. 2022 Supp. 21-6804 and repealing
99 the existing section.
1010 WHEREAS, The provisions of K.S.A. 2022 Supp. 21-6804(z), as
1111 amended by this act, shall be known as the reduce armed violence act.
1212 Now, therefore:
1313 Be it enacted by the Legislature of the State of Kansas:
1414 Section 1. K.S.A. 2022 Supp. 21-6804 is hereby amended to read as
1515 follows: 21-6804. (a) The provisions of this section shall be applicable to
1616 the sentencing guidelines grid for nondrug crimes. The following
1717 sentencing guidelines grid shall be applicable to nondrug felony crimes:
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3333 (b) Sentences expressed in the sentencing guidelines grid for nondrug
3434 crimes represent months of imprisonment.
3535 (c) The sentencing guidelines grid is a two-dimensional crime
3636 severity and criminal history classification tool. The grid's vertical axis is
3737 the crime severity scale which classifies current crimes of conviction. The
3838 grid's horizontal axis is the criminal history scale which classifies criminal
3939 histories.
4040 (d) The sentencing guidelines grid for nondrug crimes as provided in
4141 this section defines presumptive punishments for felony convictions,
4242 subject to the sentencing court's discretion to enter a departure sentence.
4343 The appropriate punishment for a felony conviction should depend on the
4444 severity of the crime of conviction when compared to all other crimes and
4545 the offender's criminal history.
4646 (e) (1) The sentencing court has discretion to sentence at any place
4747 within the sentencing range. In the usual case it is recommended that the
4848 sentencing judge select the center of the range and reserve the upper and
4949 lower limits for aggravating and mitigating factors insufficient to warrant a
5050 departure.
5151 (2) In presumptive imprisonment cases, the sentencing court shall
5252 pronounce the complete sentence which shall include the:
5353 (A) Prison sentence;
5454 (B) maximum potential reduction to such sentence as a result of good
5555 time; and
5656 (C) period of postrelease supervision at the sentencing hearing.
5757 Failure to pronounce the period of postrelease supervision shall not negate
5858 the existence of such period of postrelease supervision.
5959 (3) In presumptive nonprison cases, the sentencing court shall
6060 pronounce the:
6161 (A) Prison sentence; and
6262 (B) duration of the nonprison sanction at the sentencing hearing.
6363 (f) Each grid block states the presumptive sentencing range for an
6464 offender whose crime of conviction and criminal history place such
6565 offender in that grid block. If an offense is classified in a grid block below
6666 the dispositional line, the presumptive disposition shall be
6767 nonimprisonment. If an offense is classified in a grid block above the
6868 dispositional line, the presumptive disposition shall be imprisonment. If an
6969 offense is classified in grid blocks 5-H, 5-I or 6-G, the court may impose
7070 an optional nonprison sentence as provided in subsection (q).
7171 (g) The sentence for a violation of K.S.A. 21-3415, prior to its repeal,
7272 aggravated battery against a law enforcement officer committed prior to
7373 July 1, 2006, or a violation of K.S.A. 2022 Supp. 21-5412(d), and
7474 amendments thereto, aggravated assault against a law enforcement officer,
7575 which places the defendant's sentence in grid block 6-H or 6-I shall be
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119119 presumed imprisonment. The court may impose an optional nonprison
120120 sentence as provided in subsection (q).
121121 (h) When a firearm is used to commit any person felony, the
122122 offender's sentence shall be presumed imprisonment. The court may
123123 impose an optional nonprison sentence as provided in subsection (q).
124124 (i) (1) The sentence for the violation of the felony provision of K.S.A.
125125 2022 Supp. 21-5414(b)(3)(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and
126126 21-6416, and amendments thereto, shall be as provided by the specific
127127 mandatory sentencing requirements of that section and shall not be subject
128128 to the provisions of this section or K.S.A. 2022 Supp. 21-6807, and
129129 amendments thereto.
130130 (2) If because of the offender's criminal history classification the
131131 offender is subject to presumptive imprisonment or if the judge departs
132132 from a presumptive probation sentence and the offender is subject to
133133 imprisonment, the provisions of this section and K.S.A. 2022 Supp. 21-
134134 6807, and amendments thereto, shall apply and the offender shall not be
135135 subject to the mandatory sentence as provided in K.S.A. 2022 Supp. 21-
136136 5823, and amendments thereto.
137137 (3) Notwithstanding the provisions of any other section, the term of
138138 imprisonment imposed for the violation of the felony provision of K.S.A.
139139 2022 Supp. 21-5414(b)(3)(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and
140140 21-6416, and amendments thereto, shall not be served in a state facility in
141141 the custody of the secretary of corrections. Prior to imposing any sentence
142142 pursuant to this subsection, the court may consider assigning the defendant
143143 to a house arrest program pursuant to K.S.A. 2022 Supp. 21-6609, and
144144 amendments thereto.
145145 (j) (1) The sentence for any persistent sex offender whose current
146146 convicted crime carries a presumptive term of imprisonment shall be
147147 double the maximum duration of the presumptive imprisonment term. The
148148 sentence for any persistent sex offender whose current conviction carries a
149149 presumptive nonprison term shall be presumed imprisonment and shall be
150150 double the maximum duration of the presumptive imprisonment term.
151151 (2) Except as otherwise provided in this subsection, as used in this
152152 subsection, "persistent sex offender" means a person who:
153153 (A) (i) Has been convicted in this state of a sexually violent crime, as
154154 defined in K.S.A. 22-3717, and amendments thereto; and
155155 (ii) at the time of the conviction under subsection (j)(2)(A)(i) has at
156156 least one conviction for a sexually violent crime, as defined in K.S.A. 22-
157157 3717, and amendments thereto, in this state or comparable felony under
158158 the laws of another state, the federal government or a foreign government;
159159 or
160160 (B) (i) has been convicted of rape, as defined in K.S.A. 21-3502,
161161 prior to its repeal, or K.S.A. 2022 Supp. 21-5503, and amendments
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205205 thereto; and
206206 (ii) at the time of the conviction under subsection (j)(2)(B)(i) has at
207207 least one conviction for rape in this state or comparable felony under the
208208 laws of another state, the federal government or a foreign government.
209209 (3) Except as provided in subsection (j)(2)(B), the provisions of this
210210 subsection shall not apply to any person whose current convicted crime is
211211 a severity level 1 or 2 felony.
212212 (k) (1) If it is shown at sentencing that the offender committed any
213213 felony violation for the benefit of, at the direction of, or in association with
214214 any criminal street gang, with the specific intent to promote, further or
215215 assist in any criminal conduct by gang members, the offender's sentence
216216 shall be presumed imprisonment. The court may impose an optional
217217 nonprison sentence as provided in subsection (q).
218218 (2) As used in this subsection, "criminal street gang" means any
219219 organization, association or group of three or more persons, whether
220220 formal or informal, having as one of its primary activities:
221221 (A) The commission of one or more person felonies; or
222222 (B) the commission of felony violations of article 57 of chapter 21 of
223223 the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010
224224 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any felony
225225 violation of any provision of the uniform controlled substances act prior to
226226 July 1, 2009; and
227227 (C) its members have a common name or common identifying sign or
228228 symbol; and
229229 (D) its members, individually or collectively, engage in or have
230230 engaged in the commission, attempted commission, conspiracy to commit
231231 or solicitation of two or more person felonies or felony violations of article
232232 57 of chapter 21 of the Kansas Statutes Annotated, and amendments
233233 thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their
234234 transfer, any felony violation of any provision of the uniform controlled
235235 substances act prior to July 1, 2009, or any substantially similar offense
236236 from another jurisdiction.
237237 (l) Except as provided in subsection (o), the sentence for a violation
238238 of K.S.A. 2022 Supp. 21-5807(a)(1), and amendments thereto, or any
239239 attempt or conspiracy, as defined in K.S.A. 2022 Supp. 21-5301 and 21-
240240 5302, and amendments thereto, to commit such offense, when such person
241241 being sentenced has a prior conviction for a violation of K.S.A. 21-3715(a)
242242 or (b), prior to its repeal, 21-3716, prior to its repeal, K.S.A. 2022 Supp.
243243 21-5807(a)(1) or (a)(2) or 21-5807(b), and amendments thereto, or any
244244 attempt or conspiracy to commit such offense, shall be presumptive
245245 imprisonment.
246246 (m) The sentence for a violation of K.S.A. 22-4903 or K.S.A. 2022
247247 Supp. 21-5913(a)(2), and amendments thereto, shall be presumptive
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291291 imprisonment. If an offense under such sections is classified in grid blocks
292292 5-E, 5-F, 5-G, 5-H or 5-I, the court may impose an optional nonprison
293293 sentence as provided in subsection (q).
294294 (n) The sentence for a violation of criminal deprivation of property, as
295295 defined in K.S.A. 2022 Supp. 21-5803, and amendments thereto, when
296296 such property is a motor vehicle, and when such person being sentenced
297297 has any combination of two or more prior convictions of K.S.A. 21-
298298 3705(b), prior to its repeal, or of criminal deprivation of property, as
299299 defined in K.S.A. 2022 Supp. 21-5803, and amendments thereto, when
300300 such property is a motor vehicle, shall be presumptive imprisonment. Such
301301 sentence shall not be considered a departure and shall not be subject to
302302 appeal.
303303 (o) (1) The sentence for a felony violation of theft of property as
304304 defined in K.S.A. 2022 Supp. 21-5801, and amendments thereto, or
305305 burglary as defined in K.S.A. 2022 Supp. 21-5807(a), and amendments
306306 thereto, when such person being sentenced has no prior convictions for a
307307 violation of K.S.A. 21-3701 or 21-3715, prior to their repeal, or theft of
308308 property as defined in K.S.A. 2022 Supp. 21-5801, and amendments
309309 thereto, or burglary as defined in K.S.A. 2022 Supp. 21-5807(a), and
310310 amendments thereto; or the sentence for a felony violation of theft of
311311 property as defined in K.S.A. 2022 Supp. 21-5801, and amendments
312312 thereto, when such person being sentenced has one or two prior felony
313313 convictions for a violation of K.S.A. 21-3701, 21-3715 or 21-3716, prior
314314 to their repeal, or theft of property as defined in K.S.A. 2022 Supp. 21-
315315 5801, and amendments thereto, or burglary or aggravated burglary as
316316 defined in K.S.A. 2022 Supp. 21-5807, and amendments thereto; or the
317317 sentence for a felony violation of burglary as defined in K.S.A. 2022 Supp.
318318 21-5807(a), and amendments thereto, when such person being sentenced
319319 has one prior felony conviction for a violation of K.S.A. 21-3701, 21-3715
320320 or 21-3716, prior to their repeal, or theft of property as defined in K.S.A.
321321 2022 Supp. 21-5801, and amendments thereto, or burglary or aggravated
322322 burglary as defined in K.S.A. 2022 Supp. 21-5807, and amendments
323323 thereto, shall be the sentence as provided by this section, except that the
324324 court may order an optional nonprison sentence for a defendant to
325325 participate in a drug treatment program, including, but not limited to, an
326326 approved aftercare plan, if the court makes the following findings on the
327327 record:
328328 (1)(A) Substance abuse was an underlying factor in the commission
329329 of the crime;
330330 (2)(B) substance abuse treatment in the community is likely to be
331331 more effective than a prison term in reducing the risk of offender
332332 recidivism; and
333333 (3)(C) participation in an intensive substance abuse treatment
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377377 program will serve community safety interests.
378378 (2) A defendant sentenced to an optional nonprison sentence under
379379 this subsection shall be supervised by community correctional services.
380380 The provisions of K.S.A. 2022 Supp. 21-6824(f)(1), and amendments
381381 thereto, shall apply to a defendant sentenced under this subsection. The
382382 sentence under this subsection shall not be considered a departure and
383383 shall not be subject to appeal.
384384 (p) (1) The sentence for a felony violation of theft of property as
385385 defined in K.S.A. 2022 Supp. 21-5801, and amendments thereto, when
386386 such person being sentenced has any combination of three or more prior
387387 felony convictions for violations of K.S.A. 21-3701, 21-3715 or 21-3716,
388388 prior to their repeal, or theft of property as defined in K.S.A. 2022 Supp.
389389 21-5801, and amendments thereto, or burglary or aggravated burglary as
390390 defined in K.S.A. 2022 Supp. 21-5807, and amendments thereto; or the
391391 sentence for a violation of burglary as defined in K.S.A. 2022 Supp. 21-
392392 5807(a), and amendments thereto, when such person being sentenced has
393393 any combination of two or more prior convictions for violations of K.S.A.
394394 21-3701, 21-3715 and 21-3716, prior to their repeal, or theft of property as
395395 defined in K.S.A. 2022 Supp. 21-5801, and amendments thereto, or
396396 burglary or aggravated burglary as defined in K.S.A. 2022 Supp. 21-5807,
397397 and amendments thereto, shall be presumed imprisonment and the
398398 defendant shall be sentenced to prison as provided by this section, except
399399 that the court may recommend that an offender be placed in the custody of
400400 the secretary of corrections, in a facility designated by the secretary to
401401 participate in an intensive substance abuse treatment program, upon
402402 making the following findings on the record:
403403 (1)(A) Substance abuse was an underlying factor in the commission
404404 of the crime;
405405 (2)(B) substance abuse treatment with a possibility of an early release
406406 from imprisonment is likely to be more effective than a prison term in
407407 reducing the risk of offender recidivism; and
408408 (3)(C) participation in an intensive substance abuse treatment
409409 program with the possibility of an early release from imprisonment will
410410 serve community safety interests by promoting offender reformation.
411411 (2) The intensive substance abuse treatment program shall be
412412 determined by the secretary of corrections, but shall be for a period of at
413413 least four months. Upon the successful completion of such intensive
414414 treatment program, the offender shall be returned to the court and the court
415415 may modify the sentence by directing that a less severe penalty be
416416 imposed in lieu of that originally adjudged within statutory limits. If the
417417 offender's term of imprisonment expires, the offender shall be placed
418418 under the applicable period of postrelease supervision. The sentence under
419419 this subsection shall not be considered a departure and shall not be subject
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463463 to appeal.
464464 (q) (1) As used in this section, an "optional nonprison sentence" is a
465465 sentence which the court may impose, in lieu of the presumptive sentence,
466466 upon making the following findings on the record:
467467 (1)(A) An appropriate treatment program exists which is likely to be
468468 more effective than the presumptive prison term in reducing the risk of
469469 offender recidivism; and
470470 (2)(B) the recommended treatment program is available and the
471471 offender can be admitted to such program within a reasonable period of
472472 time; or
473473 (3)(C) the nonprison sanction will serve community safety interests
474474 by promoting offender reformation.
475475 (2) Any decision made by the court regarding the imposition of an
476476 optional nonprison sentence shall not be considered a departure and shall
477477 not be subject to appeal.
478478 (r) The sentence for a violation of K.S.A. 2022 Supp. 21-5413(c)(2),
479479 and amendments thereto, shall be presumptive imprisonment and shall be
480480 served consecutively to any other term or terms of imprisonment imposed.
481481 Such sentence shall not be considered a departure and shall not be subject
482482 to appeal.
483483 (s) The sentence for a violation of K.S.A. 2022 Supp. 21-5512, and
484484 amendments thereto, shall be presumptive imprisonment. Such sentence
485485 shall not be considered a departure and shall not be subject to appeal.
486486 (t) (1) If the trier of fact makes a finding beyond a reasonable doubt
487487 that an offender wore or used ballistic resistant material in the commission
488488 of, or attempt to commit, or flight from any felony, in addition to the
489489 sentence imposed pursuant to the Kansas sentencing guidelines act, the
490490 offender shall be sentenced to an additional 30 months' imprisonment.
491491 (2) The sentence imposed pursuant to subsection (t)(1) paragraph (1)
492492 shall be presumptive imprisonment and shall be served consecutively to
493493 any other term or terms of imprisonment imposed. Such sentence shall not
494494 be considered a departure and shall not be subject to appeal.
495495 (3) As used in this subsection, "ballistic resistant material" means
496496 any:
497497 (A) Any Commercially produced material designed with the purpose
498498 of providing ballistic and trauma protection, including, but not limited to,
499499 bulletproof vests and kevlar vests; and
500500 (B) any homemade or fabricated substance or item designed with the
501501 purpose of providing ballistic and trauma protection.
502502 (u) The sentence for a violation of K.S.A. 2022 Supp. 21-6107, and
503503 amendments thereto, or any attempt or conspiracy, as defined in K.S.A.
504504 2022 Supp. 21-5301 and 21-5302, and amendments thereto, to commit
505505 such offense, when such person being sentenced has a prior conviction for
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549549 a violation of K.S.A. 21-4018, prior to its repeal, or K.S.A. 2022 Supp. 21-
550550 6107, and amendments thereto, or any attempt or conspiracy to commit
551551 such offense, shall be presumptive imprisonment. Such sentence shall not
552552 be considered a departure and shall not be subject to appeal.
553553 (v) The sentence for a third or subsequent violation of K.S.A. 8-1568,
554554 and amendments thereto, shall be presumptive imprisonment and shall be
555555 served consecutively to any other term or terms of imprisonment imposed.
556556 Such sentence shall not be considered a departure and shall not be subject
557557 to appeal.
558558 (w) The sentence for aggravated criminal damage to property as
559559 defined in K.S.A. 2022 Supp. 21-5813(b), and amendments thereto, when
560560 such person being sentenced has a prior conviction for any nonperson
561561 felony shall be presumptive imprisonment. Such sentence shall not be
562562 considered a departure and shall not be subject to appeal.
563563 (x) The sentence for a violation of K.S.A. 2022 Supp. 21-5807(a)(1),
564564 and amendments thereto, shall be presumptive imprisonment if the offense
565565 under such paragraph is classified in grid blocks 7-C, 7-D or 7-E. Such
566566 sentence shall not be considered a departure and shall not be subject to
567567 appeal.
568568 (y) (1) Except as provided in subsection (y)(3) paragraph (3), if the
569569 trier of fact makes a finding beyond a reasonable doubt that an offender
570570 committed a nondrug felony offense, or any attempt or conspiracy, as
571571 defined in K.S.A. 2022 Supp. 21-5301 and 21-5302, and amendments
572572 thereto, to commit a nondrug felony offense, against a law enforcement
573573 officer, as defined in K.S.A. 2022 Supp. 21-5111(p)(1) and (3), and
574574 amendments thereto, while such officer was engaged in the performance of
575575 such officer's duty, or in whole or in any part because of such officer's
576576 status as a law enforcement officer, the sentence for such offense shall be:
577577 (A) If such offense is classified in severity level 2 through 10, one
578578 severity level above the appropriate level for such offense; and
579579 (B) (i) if such offense is classified in severity level 1, except as
580580 otherwise provided in subsection (y)(1)(B)(ii) clause (ii), imprisonment for
581581 life, and such offender shall not be eligible for probation or suspension,
582582 modification or reduction of sentence. In addition, such offender shall not
583583 be eligible for parole prior to serving 25 years' imprisonment, and such 25
584584 years' imprisonment shall not be reduced by the application of good time
585585 credits. No other sentence shall be permitted.
586586 (ii) The provisions of subsection (y)(1)(B)(i) clause (i) requiring the
587587 court to impose a mandatory minimum term of imprisonment of 25 years
588588 shall not apply if the court finds the offender, because of the offender's
589589 criminal history classification, is subject to presumptive imprisonment and
590590 the sentencing range exceeds 300 months. In such case, the offender is
591591 required to serve a mandatory minimum term equal to the sentence
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635635 established pursuant to the sentencing range.
636636 (2) The sentence imposed pursuant to subsection (y)(1) paragraph
637637 (1) shall not be considered a departure and shall not be subject to appeal.
638638 (3) The provisions of this subsection shall not apply to an offense
639639 described in subsection (y)(1) paragraph (1) if the factual aspect
640640 concerning a law enforcement officer is a statutory element of such
641641 offense.
642642 (z) (1) Notwithstanding K.S.A. 2022 Supp. 21-5109(b)(2), and
643643 amendments thereto, or any other provision of law to the contrary, the
644644 sentence for a violation of criminal possession of a weapon by a convicted
645645 felon as defined in K.S.A. 2022 Supp. 21-6304, and amendments thereto,
646646 shall be presumptive imprisonment and shall be served consecutively to
647647 any other term or terms of imprisonment imposed if the trier of fact makes
648648 a finding beyond a reasonable doubt that:
649649 (A) The weapon the offender possessed during such violation was a
650650 firearm; and
651651 (B) such firearm was possessed by the offender during the
652652 commission of any violent felony.
653653 (2) The sentence imposed pursuant to paragraph (1) shall not be
654654 considered a departure and shall not be subject to appeal. No other
655655 sentence shall be permitted.
656656 (3) As used in this subsection, "violent felony" means any of the
657657 following:
658658 (A) Capital murder, as defined in K.S.A. 2022 Supp. 21-5401, and
659659 amendments thereto;
660660 (B) murder in the first degree, as defined in K.S.A. 2022 Supp. 21-
661661 5402, and amendments thereto;
662662 (C) murder in the second degree, as defined in K.S.A. 2022 Supp. 21-
663663 5403, and amendments thereto;
664664 (D) voluntary manslaughter, as defined in K.S.A. 2022 Supp. 21-
665665 5404, and amendments thereto;
666666 (E) kidnapping or aggravated kidnapping, as defined in K.S.A. 2022
667667 Supp. 21-5408, and amendments thereto;
668668 (F) aggravated assault, as defined in K.S.A. 2022 Supp. 21-5412(b),
669669 and amendments thereto, and aggravated assault of a law enforcement
670670 officer, as defined in K.S.A. 2022 Supp. 21-5412(d), and amendments
671671 thereto;
672672 (G) aggravated battery, as defined in K.S.A. 2022 Supp. 21-5413(b)
673673 (1), and amendments thereto, and aggravated battery against a law
674674 enforcement officer, as defined in K.S.A. 2022 Supp. 21-5413(d), and
675675 amendments thereto;
676676 (H) mistreatment of a dependent adult or mistreatment of an elder
677677 person, as defined in K.S.A. 2022 Supp. 21-5417, and amendments
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721721 thereto;
722722 (I) robbery or aggravated robbery, as defined in K.S.A. 2022 Supp.
723723 21-5420, and amendments thereto;
724724 (J) rape, as defined in K.S.A. 2022 Supp. 21-5503, and amendments
725725 thereto;
726726 (K) aggravated criminal sodomy, as defined in K.S.A. 2022 Supp. 21-
727727 5504(b), and amendments thereto;
728728 (L) aggravated endangering a child, as defined in K.S.A. 2022 Supp.
729729 21-5601(b)(1), and amendments thereto;
730730 (M) abuse of a child, as defined in K.S.A. 2022 Supp. 21-5602, and
731731 amendments thereto;
732732 (N) any felony offense described in K.S.A. 2022 Supp. 21-5703, 21-
733733 5705 or 21-5706, and amendments thereto;
734734 (O) burglary, as defined in K.S.A. 2022 Supp. 21-5807(a)(1), and
735735 amendments thereto, or aggravated burglary, as defined in K.S.A. 2022
736736 Supp. 21-5807, and amendments thereto;
737737 (P) arson or aggravated arson, as defined in K.S.A. 2022 Supp. 21-
738738 5812, and amendments thereto;
739739 (Q) treason, as defined in K.S.A. 2022 Supp. 21-5901, and
740740 amendments thereto;
741741 (R) criminal discharge of a firearm, as defined in K.S.A. 2022 Supp.
742742 21-6308(a)(1) or (a)(2), and amendments thereto;
743743 (S) fleeing or attempting to elude a police officer, as defined in K.S.A.
744744 8-1568(b), and amendments thereto;
745745 (T) any felony that includes the domestic violence designation
746746 pursuant to K.S.A. 2022 Supp. 22-4616, and amendments thereto; or
747747 (U) any attempt, conspiracy or criminal solicitation, as defined in
748748 K.S.A. 2022 Supp. 21-5301, 21-5302 and 21-5303, and amendments
749749 thereto, of any felony offense defined in this subsection.
750750 Sec. 2. K.S.A. 2022 Supp. 21-6804 is hereby repealed.
751751 Sec. 3. This act shall take effect and be in force from and after its
752752 publication in the statute book.
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