Kansas 2023-2024 Regular Session

Kansas House Bill HB2329 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2023
2	2	HOUSE BILL No. 2329
3	3	By Committee on Corrections and Juvenile Justice
4	4	2-7
5	5	AN ACT concerning crimes, punishment and criminal procedure; relating
6	6	to sentencing for drug crimes; modifying the special sentencing rule for
7	7	possessing a firearm during the commission of a drug crime; amending
8	8	K.S.A. 2022 Supp. 21-6805 and repealing the existing section.
9	9	Be it enacted by the Legislature of the State of Kansas:
10	10	Section 1. K.S.A. 2022 Supp. 21-6805 is hereby amended to read as
11	11	follows: 21-6805. (a) The provisions of this section shall be applicable to
12	12	the sentencing guidelines grid for drug crimes. The following sentencing
13	13	guidelines grid for drug crimes shall be applicable to felony crimes under
14	14	K.S.A. 2022 Supp. 21-5701 through 21-5717, and amendments thereto,
15	15	except as otherwise provided by law:
16	16	1
17	17	2
18	18	3
19	19	4
20	20	5
21	21	6
22	22	7
23	23	8
24	24	9
25	25	10
26	26	11
27	27	12 HB 2329 2
28	28	1 (b) Sentences expressed in the sentencing guidelines grid for drug
29	29	crimes in subsection (a) represent months of imprisonment.
30	30	(c) (1) The sentencing court has discretion to sentence at any place
31	31	within the sentencing range. In the usual case it is recommended that the
32	32	sentencing judge select the center of the range and reserve the upper and
33	33	lower limits for aggravating and mitigating factors insufficient to warrant a
34	34	departure. The sentencing court shall not distinguish between the
35	35	controlled substances cocaine base (9041L000) and cocaine hydrochloride
36	36	(9041L005) when sentencing within the sentencing range of the grid
37	37	block.
38	38	(2) In presumptive imprisonment cases, the sentencing court shall
39	39	pronounce the complete sentence which shall include the:
40	40	(A) Prison sentence;
41	41	(B) maximum potential reduction to such sentence as a result of good
42	42	time; and
43	43	(C) period of postrelease supervision at the sentencing hearing.
44	44	Failure to pronounce the period of postrelease supervision shall not negate
45	45	the existence of such period of postrelease supervision.
46	46	(3) In presumptive nonprison cases, the sentencing court shall
47	47	pronounce the prison sentence as well as the duration of the nonprison
48	48	sanction at the sentencing hearing.
49	49	(d) Each grid block states the presumptive sentencing range for an
50	50	offender whose crime of conviction and criminal history place such
51	51	offender in that grid block. If an offense is classified in a grid block below
52	52	the dispositional line, the presumptive disposition shall be
53	53	nonimprisonment. If an offense is classified in a grid block above the
54	54	dispositional line, the presumptive disposition shall be imprisonment. If an
55	55	offense is classified in grid blocks 4-E, 4-F, 4-G, 4-H, 4-I, 5-C or 5-D, the
56	56	court may impose an optional nonprison sentence as provided in
57	57	subsection (q) of K.S.A. 2022 Supp. 21-6804, and amendments thereto.
58	58	(e) The sentence for a second or subsequent conviction for unlawful
59	59	manufacturing of a controlled substance, K.S.A. 65-4159, prior to its
60	60	repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, K.S.A. 2022
61	61	Supp. 21-5703, and amendments thereto, or a substantially similar offense
62	62	from another jurisdiction, if the controlled substance in any prior
63	63	conviction was methamphetamine, as defined by subsection (d)(3) or (f)(1)
64	64	of K.S.A. 65-4107, and amendments thereto, or an analog thereof, shall be
65	65	a presumptive term of imprisonment of two times the maximum duration
66	66	of the presumptive term of imprisonment. The court may impose an
67	67	optional reduction in such sentence of not to exceed 50% of the mandatory
68	68	increase provided by this subsection upon making a finding on the record
69	69	that one or more of the mitigating factors as specified in K.S.A. 2022
70	70	Supp. 21-6815, and amendments thereto, justify such a reduction in
71	71	sentence. Any decision made by the court regarding the reduction in such
72	72	sentence shall not be considered a departure and shall not be subject to
73	73	appeal.
74	74	1
75	75	2
76	76	3
77	77	4
78	78	5
79	79	6
80	80	7
81	81	8
82	82	9
83	83	10
84	84	11
85	85	12
86	86	13
87	87	14
88	88	15
89	89	16
90	90	17
91	91	18
92	92	19
93	93	20
94	94	21
95	95	22
96	96	23
97	97	24
98	98	25
99	99	26
100	100	27
101	101	28
102	102	29
103	103	30
104	104	31
105	105	32
106	106	33
107	107	34
108	108	35
109	109	36
110	110	37
111	111	38
112	112	39
113	113	40
114	114	41
115	115	42
116	116	43
117	117	44
118	118	45
119	119	46 HB 2329 4
120	120	(f) (1) The sentence for a third or subsequent felony conviction of
121	121	K.S.A. 65-4160 or 65-4162, prior to their repeal, K.S.A. 2010 Supp. 21-
122	122	36a06, prior to its transfer, or K.S.A. 2022 Supp. 21-5706, and
123	123	amendments thereto, shall be a presumptive term of imprisonment and the
124	124	defendant shall be sentenced to prison as provided by this section. The
125	125	defendant's term of imprisonment shall be served in the custody of the
126	126	secretary of corrections in a facility designated by the secretary. Subject to
127	127	appropriations therefore, the defendant shall participate in an intensive
128	128	substance abuse treatment program, of at least four months duration,
129	129	selected by the secretary of corrections. If the secretary determines that
130	130	substance abuse treatment resources are otherwise available, such term of
131	131	imprisonment may be served in a facility designated by the secretary of
132	132	corrections in the custody of the secretary of corrections to participate in
133	133	an intensive substance abuse treatment program. The secretary's
134	134	determination regarding the availability of treatment resources shall not be
135	135	subject to review. Upon the successful completion of such intensive
136	136	treatment program, the offender shall be returned to the court and the court
137	137	may modify the sentence by directing that a less severe penalty be
138	138	imposed in lieu of that originally adjudged. If the offender's term of
139	139	imprisonment expires, the offender shall be placed under the applicable
140	140	period of postrelease supervision.
141	141	(2) Such defendant's term of imprisonment shall not be subject to
142	142	modification under paragraph (1) if:
143	143	(A) The defendant has previously completed a certified drug abuse
144	144	treatment program, as provided in K.S.A. 75-52,144, and amendments
145	145	thereto;
146	146	(B) has been discharged or refused to participate in a certified drug
147	147	abuse treatment program, as provided in K.S.A. 75-52,144, and
148	148	amendments thereto;
149	149	(C) has completed an intensive substance abuse treatment program
150	150	under paragraph (1); or
151	151	(D) has been discharged or refused to participate in an intensive
152	152	substance abuse treatment program under paragraph (1).
153	153	The sentence under this subsection shall not be considered a departure
154	154	and shall not be subject to appeal.
155	155	(g) (1) Except as provided further, if the trier of fact makes a finding
156	156	that an offender carried possessed a firearm to commit a drug felony, or in
157	157	furtherance of a drug felony, possessed a firearm, in addition to the
158	158	sentence imposed pursuant to K.S.A. 2022 Supp. 21-6801 through 21-
159	159	6824, and amendments thereto, the offender shall be sentenced to:
160	160	(A) Except as provided in subsection (g)(1)(B), an additional 6
161	161	months' 36 months of imprisonment; and
162	162	(B) if the trier of fact makes a finding that the firearm was
163	163	1
164	164	2
165	165	3
166	166	4
167	167	5
168	168	6
169	169	7
170	170	8
171	171	9
172	172	10
173	173	11
174	174	12
175	175	13
176	176	14
177	177	15
178	178	16
179	179	17
180	180	18
181	181	19
182	182	20
183	183	21
184	184	22
185	185	23
186	186	24
187	187	25
188	188	26
189	189	27
190	190	28
191	191	29
192	192	30
193	193	31
194	194	32
195	195	33
196	196	34
197	197	35
198	198	36
199	199	37
200	200	38
201	201	39
202	202	40
203	203	41
204	204	42
205	205	43 HB 2329 5
206	206	discharged, an additional 18 months' 60 months of imprisonment.
207	207	(2) The sentence imposed pursuant to subsection (g)(1) shall be
208	208	presumptive imprisonment. Such sentence shall not be considered a
209	209	departure and shall not be subject to appeal.
210	210	(3) The provisions of this subsection shall not apply to violations of
211	211	K.S.A. 2022 Supp. 21-5706 or 21-5713, and amendments thereto.
212	212	Sec. 2. K.S.A. 2022 Supp. 21-6805 is hereby repealed.
213	213	Sec. 3. This act shall take effect and be in force from and after its
214	214	publication in the statute book.
215	215	1
216	216	2
217	217	3
218	218	4
219	219	5
220	220	6
221	221	7
222	222	8
223	223	9