SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2068
As Recommended by House Committee on
Corrections and Juvenile Justice
Brief*
HB 2068 would amend special sentencing rules
governing crimes committed while on release for a felony,
unlawful manufacturing of a controlled substance, and felony
possession of a controlled substance.
Specifically, the bill would amend a special sentencing
rule governing persons who are convicted and sentenced for
a crime while on release for a felony to allow a court to direct
whether the sentences should be served either concurrently
or consecutively. Current law directs that such sentences be
served consecutively.
The bill would also amend a special sentencing rule
governing unlawful manufacture of a controlled substance to
specify that when a person has one or more prior felony
convictions of the offense, or a substantially similar offense
from another jurisdiction, and any of the prior convictions was
for manufacture of methamphetamine or any analog
substance defined in law, a subsequent conviction of the
offense would result in the sentence being presumptive
imprisonment of two times the maximum length.
The bill would amend the special sentencing rule
governing unlawful possession of a controlled substance to
specify that when a person has two or more prior felony
convictions for the offense, a subsequent conviction would
result in the sentence being presumptive imprisonment.
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*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.kslegislature.org Current law imposes a presumptive imprisonment sentence
for a third or subsequent conviction of the offense.
Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of a
representative of the Kansas Sentencing Commission.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on January 23, 2023,
representatives of the Kansas Sentencing Commission and
the Board of Indigents’ Defense Services (BIDS) Legislative
Committee testified as proponents of the bill. Their testimony
stated the bill would restore judicial discretion in sentencing
and make language consistent with sentencing practices.
Written-only opponent testimony was submitted by a
representative of the Kansas Association of Chiefs of Police,
Kansas Association of Peace Officers, and Kansas Sheriffs
Association, stating the bill would be too lenient on repeat
offenders and decrease public safety.
No other testimony was provided.
Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill, the Kansas Sentencing Commission
estimates enactment of the bill would have an impact on
prison admissions and bed space, but the effect cannot be
determined at this time.
The Department of Corrections indicates the bill would
not have significant fiscal effect on its budget.
2- 2068 The Office of Judicial Administration indicates the bill
would not have significant fiscal effect on its budget.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2024 Governor’s Budget Report.
Special sentencing rule; manufacture of a controlled substance; possession of a
controlled substance; methamphetamine
3- 2068