Kansas 2023-2024 Regular Session

Kansas House Bill HB2072

Introduced
1/18/23  
Refer
1/18/23  

Caption

Reducing the criminal penalties for most severity level 5 drug crimes and increasing the penalties for offenders in criminal history category 5-I.

Impact

One of the primary impacts of HB 2072 is expected to be a transformation in how drug offenses are prosecuted and sentenced within the state. By decreasing penalties for lesser offenses, the bill addresses criticisms of overly harsh sentencing practices for non-violent drug offenders, potentially easing overcrowding in correctional facilities. It emphasizes rehabilitation by allowing access to substance abuse programs, rather than strictly punitive measures. Furthermore, these changes are anticipated to align Kansas's drug sentencing laws more closely with national trends emphasizing treatment over incarceration.

Summary

House Bill 2072 seeks to amend Kansas criminal laws, particularly focusing on shifting the sentencing framework for drug-related offenses. The bill proposes a reduction in penalties for offenders classified within severity levels 5-A to 5-H, indicating a move towards more lenient sentences for less severe drug crimes. Conversely, for offenses classified in grid block 5-I, it increases penalties, suggesting that certain serious drug offenses will face stricter repercussions. This dual approach aims to balance the need for accountability with a recognition of the complexities involved in drug offenses.

Contention

Notably, the bill has sparked discussions surrounding its potential implications on public safety and total recidivism rates. Proponents argue that reducing penalties could help integrate offenders back into society more successfully, reducing the likelihood of re-offending. However, opponents express concern that lowering penalties for drug crimes may undermine deterrence and contribute to increased drug-related issues within communities. The proposed adjustments to sentencing guidelines indicate a significant shift in policy, marking a critical point of contention among lawmakers and stakeholders in the criminal justice system.

Companion Bills

No companion bills found.

Previously Filed As

KS SB238

Increasing criminal penalties on drug-related crimes when the drug is fentanyl and creating special sentencing rules for mandatory imprisonment and additional terms of imprisonment for drug-related crimes when the drug is fentanyl or is attractive to minors because of its appearance or packaging.

KS HB2031

Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.

KS HB2398

Adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment.

KS SB193

Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.

KS HB2329

Increasing the additional prison time for the special sentencing rule related to possessing a firearm during the commission of a drug felony.

KS HB2583

Increasing the criminal penalties for harming or killing certain dogs and horses and requiring restitution for such offense to include certain expenses.

KS SB174

Increasing the criminal penalties for battery of a healthcare provider, adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and for manufacturing or distributing any controlled substances that are likely to be attractive to minors because of their appearance or packaging, creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment, excluding materials used to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid from the definition of drug paraphernalia, adding domestic battery and violation of a protection order to the crimes that a person can have the intent to commit when committing burglary or aggravated burglary, increasing criminal penalties for the crime of interference with law enforcement when the violation involves fleeing from a law enforcement officer and authorizing the attorney general to prosecute certain crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.

KS SB527

Creating the crime of coercion to obtain an abortion and providing enhanced criminal penalties for offenses committed with the intent to coerce a woman to obtain an abortion.

KS SB414

Requiring certain persons on a third or subsequent conviction of driving under the influence to participate in a multidisciplinary model of services for substance use disorders, removing the requirement that municipal courts collect fingerprints from persons convicted of violating certain municipal ordinance provisions, amending the crime of aggravated endangering a child to increase the criminal penalties when bodily harm to the child results and when a child is in certain environments associated with fentanyl-related controlled substances, increasing the criminal penalties for unlawful distribution of fentanyl-related controlled substances, eliminating the element of concealment from the crime of breach of privacy related to installing or using a device to photograph or record another identifiable person under or through the clothing being worn by that other person or another identifiable person who is nude or in a state of undress, excluding certain types of incarceration time from being included in the allowance for time spent incarcerated when calculating a criminal defendant's sentence and updating the general terms of supervision for offenders on probation and postrelease supervision.

KS HB2010

Senate Substitute for HB 2010 by Committee on Judiciary - Updating a statutory cross reference to provide proper jury instruction in cases when a defendant lacks the required mental state to commit a crime; increasing the penalty for certain violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm; enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms; providing that the service of postrelease supervision period shall not toll except as otherwise provided by law; and allowing certain nondrug offenders to participate in a certified drug abuse treatment program.

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