Session of 2023
HOUSE BILL No. 2031
By Committee on Corrections and Juvenile Justice
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AN ACT concerning crimes, punishment and criminal procedure; enacting
the reduce armed violence act; increasing criminal penalties for certain
violations of criminal possession of a weapon by a convicted felon that
involve firearms; amending K.S.A. 2022 Supp. 21-6804 and repealing
the existing section.
WHEREAS, The provisions of K.S.A. 2022 Supp. 21-6804(z), as
amended by this act, shall be known as the reduce armed violence act.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 21-6804 is hereby amended to read as
follows: 21-6804. (a) The provisions of this section shall be applicable to
the sentencing guidelines grid for nondrug crimes. The following
sentencing guidelines grid shall be applicable to nondrug felony crimes:
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(b) Sentences expressed in the sentencing guidelines grid for nondrug
crimes represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime
severity and criminal history classification tool. The grid's vertical axis is
the crime severity scale which classifies current crimes of conviction. The
grid's horizontal axis is the criminal history scale which classifies criminal
histories.
(d) The sentencing guidelines grid for nondrug crimes as provided in
this section defines presumptive punishments for felony convictions,
subject to the sentencing court's discretion to enter a departure sentence.
The appropriate punishment for a felony conviction should depend on the
severity of the crime of conviction when compared to all other crimes and
the offender's criminal history.
(e) (1) The sentencing court has discretion to sentence at any place
within the sentencing range. In the usual case it is recommended that the
sentencing judge select the center of the range and reserve the upper and
lower limits for aggravating and mitigating factors insufficient to warrant a
departure.
(2) In presumptive imprisonment cases, the sentencing court shall
pronounce the complete sentence which shall include the:
(A) Prison sentence;
(B) maximum potential reduction to such sentence as a result of good
time; and
(C) period of postrelease supervision at the sentencing hearing.
Failure to pronounce the period of postrelease supervision shall not negate
the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall
pronounce the:
(A) Prison sentence; and
(B) duration of the nonprison sanction at the sentencing hearing.
(f) Each grid block states the presumptive sentencing range for an
offender whose crime of conviction and criminal history place such
offender in that grid block. If an offense is classified in a grid block below
the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the
dispositional line, the presumptive disposition shall be imprisonment. If an
offense is classified in grid blocks 5-H, 5-I or 6-G, the court may impose
an optional nonprison sentence as provided in subsection (q).
(g) The sentence for a violation of K.S.A. 21-3415, prior to its repeal,
aggravated battery against a law enforcement officer committed prior to
July 1, 2006, or a violation of K.S.A. 2022 Supp. 21-5412(d), and
amendments thereto, aggravated assault against a law enforcement officer,
which places the defendant's sentence in grid block 6-H or 6-I shall be
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presumed imprisonment. The court may impose an optional nonprison
sentence as provided in subsection (q).
(h) When a firearm is used to commit any person felony, the
offender's sentence shall be presumed imprisonment. The court may
impose an optional nonprison sentence as provided in subsection (q).
(i) (1) The sentence for the violation of the felony provision of K.S.A.
2022 Supp. 21-5414(b)(3)(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and
21-6416, and amendments thereto, shall be as provided by the specific
mandatory sentencing requirements of that section and shall not be subject
to the provisions of this section or K.S.A. 2022 Supp. 21-6807, and
amendments thereto.
(2) If because of the offender's criminal history classification the
offender is subject to presumptive imprisonment or if the judge departs
from a presumptive probation sentence and the offender is subject to
imprisonment, the provisions of this section and K.S.A. 2022 Supp. 21-
6807, and amendments thereto, shall apply and the offender shall not be
subject to the mandatory sentence as provided in K.S.A. 2022 Supp. 21-
5823, and amendments thereto.
(3) Notwithstanding the provisions of any other section, the term of
imprisonment imposed for the violation of the felony provision of K.S.A.
2022 Supp. 21-5414(b)(3)(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and
21-6416, and amendments thereto, shall not be served in a state facility in
the custody of the secretary of corrections. Prior to imposing any sentence
pursuant to this subsection, the court may consider assigning the defendant
to a house arrest program pursuant to K.S.A. 2022 Supp. 21-6609, and
amendments thereto.
(j) (1) The sentence for any persistent sex offender whose current
convicted crime carries a presumptive term of imprisonment shall be
double the maximum duration of the presumptive imprisonment term. The
sentence for any persistent sex offender whose current conviction carries a
presumptive nonprison term shall be presumed imprisonment and shall be
double the maximum duration of the presumptive imprisonment term.
(2) Except as otherwise provided in this subsection, as used in this
subsection, "persistent sex offender" means a person who:
(A) (i) Has been convicted in this state of a sexually violent crime, as
defined in K.S.A. 22-3717, and amendments thereto; and
(ii) at the time of the conviction under subsection (j)(2)(A)(i) has at
least one conviction for a sexually violent crime, as defined in K.S.A. 22-
3717, and amendments thereto, in this state or comparable felony under
the laws of another state, the federal government or a foreign government;
or
(B) (i) has been convicted of rape, as defined in K.S.A. 21-3502,
prior to its repeal, or K.S.A. 2022 Supp. 21-5503, and amendments
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thereto; and
(ii) at the time of the conviction under subsection (j)(2)(B)(i) has at
least one conviction for rape in this state or comparable felony under the
laws of another state, the federal government or a foreign government.
(3) Except as provided in subsection (j)(2)(B), the provisions of this
subsection shall not apply to any person whose current convicted crime is
a severity level 1 or 2 felony.
(k) (1) If it is shown at sentencing that the offender committed any
felony violation for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further or
assist in any criminal conduct by gang members, the offender's sentence
shall be presumed imprisonment. The court may impose an optional
nonprison sentence as provided in subsection (q).
(2) As used in this subsection, "criminal street gang" means any
organization, association or group of three or more persons, whether
formal or informal, having as one of its primary activities:
(A) The commission of one or more person felonies; or
(B) the commission of felony violations of article 57 of chapter 21 of
the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010
Supp. 21-36a01 through 21-36a17, prior to their transfer, or any felony
violation of any provision of the uniform controlled substances act prior to
July 1, 2009; and
(C) its members have a common name or common identifying sign or
symbol; and
(D) its members, individually or collectively, engage in or have
engaged in the commission, attempted commission, conspiracy to commit
or solicitation of two or more person felonies or felony violations of article
57 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their
transfer, any felony violation of any provision of the uniform controlled
substances act prior to July 1, 2009, or any substantially similar offense
from another jurisdiction.
(l) Except as provided in subsection (o), the sentence for a violation
of K.S.A. 2022 Supp. 21-5807(a)(1), and amendments thereto, or any
attempt or conspiracy, as defined in K.S.A. 2022 Supp. 21-5301 and 21-
5302, and amendments thereto, to commit such offense, when such person
being sentenced has a prior conviction for a violation of K.S.A. 21-3715(a)
or (b), prior to its repeal, 21-3716, prior to its repeal, K.S.A. 2022 Supp.
21-5807(a)(1) or (a)(2) or 21-5807(b), and amendments thereto, or any
attempt or conspiracy to commit such offense, shall be presumptive
imprisonment.
(m) The sentence for a violation of K.S.A. 22-4903 or K.S.A. 2022
Supp. 21-5913(a)(2), and amendments thereto, shall be presumptive
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imprisonment. If an offense under such sections is classified in grid blocks
5-E, 5-F, 5-G, 5-H or 5-I, the court may impose an optional nonprison
sentence as provided in subsection (q).
(n) The sentence for a violation of criminal deprivation of property, as
defined in K.S.A. 2022 Supp. 21-5803, and amendments thereto, when
such property is a motor vehicle, and when such person being sentenced
has any combination of two or more prior convictions of K.S.A. 21-
3705(b), prior to its repeal, or of criminal deprivation of property, as
defined in K.S.A. 2022 Supp. 21-5803, and amendments thereto, when
such property is a motor vehicle, shall be presumptive imprisonment. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
(o) (1) The sentence for a felony violation of theft of property as
defined in K.S.A. 2022 Supp. 21-5801, and amendments thereto, or
burglary as defined in K.S.A. 2022 Supp. 21-5807(a), and amendments
thereto, when such person being sentenced has no prior convictions for a
violation of K.S.A. 21-3701 or 21-3715, prior to their repeal, or theft of
property as defined in K.S.A. 2022 Supp. 21-5801, and amendments
thereto, or burglary as defined in K.S.A. 2022 Supp. 21-5807(a), and
amendments thereto; or the sentence for a felony violation of theft of
property as defined in K.S.A. 2022 Supp. 21-5801, and amendments
thereto, when such person being sentenced has one or two prior felony
convictions for a violation of K.S.A. 21-3701, 21-3715 or 21-3716, prior
to their repeal, or theft of property as defined in K.S.A. 2022 Supp. 21-
5801, and amendments thereto, or burglary or aggravated burglary as
defined in K.S.A. 2022 Supp. 21-5807, and amendments thereto; or the
sentence for a felony violation of burglary as defined in K.S.A. 2022 Supp.
21-5807(a), and amendments thereto, when such person being sentenced
has one prior felony conviction for a violation of K.S.A. 21-3701, 21-3715
or 21-3716, prior to their repeal, or theft of property as defined in K.S.A.
2022 Supp. 21-5801, and amendments thereto, or burglary or aggravated
burglary as defined in K.S.A. 2022 Supp. 21-5807, and amendments
thereto, shall be the sentence as provided by this section, except that the
court may order an optional nonprison sentence for a defendant to
participate in a drug treatment program, including, but not limited to, an
approved aftercare plan, if the court makes the following findings on the
record:
(1)(A) Substance abuse was an underlying factor in the commission
of the crime;
(2)(B) substance abuse treatment in the community is likely to be
more effective than a prison term in reducing the risk of offender
recidivism; and
(3)(C) participation in an intensive substance abuse treatment
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program will serve community safety interests.
(2) A defendant sentenced to an optional nonprison sentence under
this subsection shall be supervised by community correctional services.
The provisions of K.S.A. 2022 Supp. 21-6824(f)(1), and amendments
thereto, shall apply to a defendant sentenced under this subsection. The
sentence under this subsection shall not be considered a departure and
shall not be subject to appeal.
(p) (1) The sentence for a felony violation of theft of property as
defined in K.S.A. 2022 Supp. 21-5801, and amendments thereto, when
such person being sentenced has any combination of three or more prior
felony convictions for violations of K.S.A. 21-3701, 21-3715 or 21-3716,
prior to their repeal, or theft of property as defined in K.S.A. 2022 Supp.
21-5801, and amendments thereto, or burglary or aggravated burglary as
defined in K.S.A. 2022 Supp. 21-5807, and amendments thereto; or the
sentence for a violation of burglary as defined in K.S.A. 2022 Supp. 21-
5807(a), and amendments thereto, when such person being sentenced has
any combination of two or more prior convictions for violations of K.S.A.
21-3701, 21-3715 and 21-3716, prior to their repeal, or theft of property as
defined in K.S.A. 2022 Supp. 21-5801, and amendments thereto, or
burglary or aggravated burglary as defined in K.S.A. 2022 Supp. 21-5807,
and amendments thereto, shall be presumed imprisonment and the
defendant shall be sentenced to prison as provided by this section, except
that the court may recommend that an offender be placed in the custody of
the secretary of corrections, in a facility designated by the secretary to
participate in an intensive substance abuse treatment program, upon
making the following findings on the record:
(1)(A) Substance abuse was an underlying factor in the commission
of the crime;
(2)(B) substance abuse treatment with a possibility of an early release
from imprisonment is likely to be more effective than a prison term in
reducing the risk of offender recidivism; and
(3)(C) participation in an intensive substance abuse treatment
program with the possibility of an early release from imprisonment will
serve community safety interests by promoting offender reformation.
(2) The intensive substance abuse treatment program shall be
determined by the secretary of corrections, but shall be for a period of at
least four months. Upon the successful completion of such intensive
treatment program, the offender shall be returned to the court and the court
may modify the sentence by directing that a less severe penalty be
imposed in lieu of that originally adjudged within statutory limits. If the
offender's term of imprisonment expires, the offender shall be placed
under the applicable period of postrelease supervision. The sentence under
this subsection shall not be considered a departure and shall not be subject
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to appeal.
(q) (1) As used in this section, an "optional nonprison sentence" is a
sentence which the court may impose, in lieu of the presumptive sentence,
upon making the following findings on the record:
(1)(A) An appropriate treatment program exists which is likely to be
more effective than the presumptive prison term in reducing the risk of
offender recidivism; and
(2)(B) the recommended treatment program is available and the
offender can be admitted to such program within a reasonable period of
time; or
(3)(C) the nonprison sanction will serve community safety interests
by promoting offender reformation.
(2) Any decision made by the court regarding the imposition of an
optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal.
(r) The sentence for a violation of K.S.A. 2022 Supp. 21-5413(c)(2),
and amendments thereto, shall be presumptive imprisonment and shall be
served consecutively to any other term or terms of imprisonment imposed.
Such sentence shall not be considered a departure and shall not be subject
to appeal.
(s) The sentence for a violation of K.S.A. 2022 Supp. 21-5512, and
amendments thereto, shall be presumptive imprisonment. Such sentence
shall not be considered a departure and shall not be subject to appeal.
(t) (1) If the trier of fact makes a finding beyond a reasonable doubt
that an offender wore or used ballistic resistant material in the commission
of, or attempt to commit, or flight from any felony, in addition to the
sentence imposed pursuant to the Kansas sentencing guidelines act, the
offender shall be sentenced to an additional 30 months' imprisonment.
(2) The sentence imposed pursuant to subsection (t)(1) paragraph (1)
shall be presumptive imprisonment and shall be served consecutively to
any other term or terms of imprisonment imposed. Such sentence shall not
be considered a departure and shall not be subject to appeal.
(3) As used in this subsection, "ballistic resistant material" means
any:
(A) Any Commercially produced material designed with the purpose
of providing ballistic and trauma protection, including, but not limited to,
bulletproof vests and kevlar vests; and
(B) any homemade or fabricated substance or item designed with the
purpose of providing ballistic and trauma protection.
(u) The sentence for a violation of K.S.A. 2022 Supp. 21-6107, and
amendments thereto, or any attempt or conspiracy, as defined in K.S.A.
2022 Supp. 21-5301 and 21-5302, and amendments thereto, to commit
such offense, when such person being sentenced has a prior conviction for
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a violation of K.S.A. 21-4018, prior to its repeal, or K.S.A. 2022 Supp. 21-
6107, and amendments thereto, or any attempt or conspiracy to commit
such offense, shall be presumptive imprisonment. Such sentence shall not
be considered a departure and shall not be subject to appeal.
(v) The sentence for a third or subsequent violation of K.S.A. 8-1568,
and amendments thereto, shall be presumptive imprisonment and shall be
served consecutively to any other term or terms of imprisonment imposed.
Such sentence shall not be considered a departure and shall not be subject
to appeal.
(w) The sentence for aggravated criminal damage to property as
defined in K.S.A. 2022 Supp. 21-5813(b), and amendments thereto, when
such person being sentenced has a prior conviction for any nonperson
felony shall be presumptive imprisonment. Such sentence shall not be
considered a departure and shall not be subject to appeal.
(x) The sentence for a violation of K.S.A. 2022 Supp. 21-5807(a)(1),
and amendments thereto, shall be presumptive imprisonment if the offense
under such paragraph is classified in grid blocks 7-C, 7-D or 7-E. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
(y) (1) Except as provided in subsection (y)(3) paragraph (3), if the
trier of fact makes a finding beyond a reasonable doubt that an offender
committed a nondrug felony offense, or any attempt or conspiracy, as
defined in K.S.A. 2022 Supp. 21-5301 and 21-5302, and amendments
thereto, to commit a nondrug felony offense, against a law enforcement
officer, as defined in K.S.A. 2022 Supp. 21-5111(p)(1) and (3), and
amendments thereto, while such officer was engaged in the performance of
such officer's duty, or in whole or in any part because of such officer's
status as a law enforcement officer, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in subsection (y)(1)(B)(ii) clause (ii), imprisonment for
life, and such offender shall not be eligible for probation or suspension,
modification or reduction of sentence. In addition, such offender shall not
be eligible for parole prior to serving 25 years' imprisonment, and such 25
years' imprisonment shall not be reduced by the application of good time
credits. No other sentence shall be permitted.
(ii) The provisions of subsection (y)(1)(B)(i) clause (i) requiring the
court to impose a mandatory minimum term of imprisonment of 25 years
shall not apply if the court finds the offender, because of the offender's
criminal history classification, is subject to presumptive imprisonment and
the sentencing range exceeds 300 months. In such case, the offender is
required to serve a mandatory minimum term equal to the sentence
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established pursuant to the sentencing range.
(2) The sentence imposed pursuant to subsection (y)(1) paragraph
(1) shall not be considered a departure and shall not be subject to appeal.
(3) The provisions of this subsection shall not apply to an offense
described in subsection (y)(1) paragraph (1) if the factual aspect
concerning a law enforcement officer is a statutory element of such
offense.
(z) (1) Notwithstanding K.S.A. 2022 Supp. 21-5109(b)(2), and
amendments thereto, or any other provision of law to the contrary, the
sentence for a violation of criminal possession of a weapon by a convicted
felon as defined in K.S.A. 2022 Supp. 21-6304, and amendments thereto,
shall be presumptive imprisonment and shall be served consecutively to
any other term or terms of imprisonment imposed if the trier of fact makes
a finding beyond a reasonable doubt that:
(A) The weapon the offender possessed during such violation was a
firearm; and
(B) such firearm was possessed by the offender during the
commission of any violent felony.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal. No other
sentence shall be permitted.
(3) As used in this subsection, "violent felony" means any of the
following:
(A) Capital murder, as defined in K.S.A. 2022 Supp. 21-5401, and
amendments thereto;
(B) murder in the first degree, as defined in K.S.A. 2022 Supp. 21-
5402, and amendments thereto;
(C) murder in the second degree, as defined in K.S.A. 2022 Supp. 21-
5403, and amendments thereto;
(D) voluntary manslaughter, as defined in K.S.A. 2022 Supp. 21-
5404, and amendments thereto;
(E) kidnapping or aggravated kidnapping, as defined in K.S.A. 2022
Supp. 21-5408, and amendments thereto;
(F) aggravated assault, as defined in K.S.A. 2022 Supp. 21-5412(b),
and amendments thereto, and aggravated assault of a law enforcement
officer, as defined in K.S.A. 2022 Supp. 21-5412(d), and amendments
thereto;
(G) aggravated battery, as defined in K.S.A. 2022 Supp. 21-5413(b)
(1), and amendments thereto, and aggravated battery against a law
enforcement officer, as defined in K.S.A. 2022 Supp. 21-5413(d), and
amendments thereto;
(H) mistreatment of a dependent adult or mistreatment of an elder
person, as defined in K.S.A. 2022 Supp. 21-5417, and amendments
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thereto;
(I) robbery or aggravated robbery, as defined in K.S.A. 2022 Supp.
21-5420, and amendments thereto;
(J) rape, as defined in K.S.A. 2022 Supp. 21-5503, and amendments
thereto;
(K) aggravated criminal sodomy, as defined in K.S.A. 2022 Supp. 21-
5504(b), and amendments thereto;
(L) aggravated endangering a child, as defined in K.S.A. 2022 Supp.
21-5601(b)(1), and amendments thereto;
(M) abuse of a child, as defined in K.S.A. 2022 Supp. 21-5602, and
amendments thereto;
(N) any felony offense described in K.S.A. 2022 Supp. 21-5703, 21-
5705 or 21-5706, and amendments thereto;
(O) burglary, as defined in K.S.A. 2022 Supp. 21-5807(a)(1), and
amendments thereto, or aggravated burglary, as defined in K.S.A. 2022
Supp. 21-5807, and amendments thereto;
(P) arson or aggravated arson, as defined in K.S.A. 2022 Supp. 21-
5812, and amendments thereto;
(Q) treason, as defined in K.S.A. 2022 Supp. 21-5901, and
amendments thereto;
(R) criminal discharge of a firearm, as defined in K.S.A. 2022 Supp.
21-6308(a)(1) or (a)(2), and amendments thereto;
(S) fleeing or attempting to elude a police officer, as defined in K.S.A.
8-1568(b), and amendments thereto;
(T) any felony that includes the domestic violence designation
pursuant to K.S.A. 2022 Supp. 22-4616, and amendments thereto; or
(U) any attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 2022 Supp. 21-5301, 21-5302 and 21-5303, and amendments
thereto, of any felony offense defined in this subsection.
Sec. 2. K.S.A. 2022 Supp. 21-6804 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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