Session of 2023
HOUSE BILL No. 2329
By Committee on Corrections and Juvenile Justice
2-7
AN ACT concerning crimes, punishment and criminal procedure; relating
to sentencing for drug crimes; modifying the special sentencing rule for
possessing a firearm during the commission of a drug crime; amending
K.S.A. 2022 Supp. 21-6805 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 21-6805 is hereby amended to read as
follows: 21-6805. (a) The provisions of this section shall be applicable to
the sentencing guidelines grid for drug crimes. The following sentencing
guidelines grid for drug crimes shall be applicable to felony crimes under
K.S.A. 2022 Supp. 21-5701 through 21-5717, and amendments thereto,
except as otherwise provided by law:
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1 (b) Sentences expressed in the sentencing guidelines grid for drug
crimes in subsection (a) represent months of imprisonment.
(c) (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. The sentencing court shall not distinguish between the
controlled substances cocaine base (9041L000) and cocaine hydrochloride
(9041L005) when sentencing within the sentencing range of the grid
block.
(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 prison sentence as well as the duration of the nonprison
sanction at the sentencing hearing.
(d) 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 4-E, 4-F, 4-G, 4-H, 4-I, 5-C or 5-D, the
court may impose an optional nonprison sentence as provided in
subsection (q) of K.S.A. 2022 Supp. 21-6804, and amendments thereto.
(e) The sentence for a second or subsequent conviction for unlawful
manufacturing of a controlled substance, K.S.A. 65-4159, prior to its
repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, K.S.A. 2022
Supp. 21-5703, and amendments thereto, or a substantially similar offense
from another jurisdiction, if the controlled substance in any prior
conviction was methamphetamine, as defined by subsection (d)(3) or (f)(1)
of K.S.A. 65-4107, and amendments thereto, or an analog thereof, shall be
a presumptive term of imprisonment of two times the maximum duration
of the presumptive term of imprisonment. The court may impose an
optional reduction in such sentence of not to exceed 50% of the mandatory
increase provided by this subsection upon making a finding on the record
that one or more of the mitigating factors as specified in K.S.A. 2022
Supp. 21-6815, and amendments thereto, justify such a reduction in
sentence. Any decision made by the court regarding the reduction in such
sentence shall not be considered a departure and shall not be subject to
appeal.
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(f) (1) The sentence for a third or subsequent felony conviction of
K.S.A. 65-4160 or 65-4162, prior to their repeal, K.S.A. 2010 Supp. 21-
36a06, prior to its transfer, or K.S.A. 2022 Supp. 21-5706, and
amendments thereto, shall be a presumptive term of imprisonment and the
defendant shall be sentenced to prison as provided by this section. The
defendant's term of imprisonment shall be served in the custody of the
secretary of corrections in a facility designated by the secretary. Subject to
appropriations therefore, the defendant shall participate in an intensive
substance abuse treatment program, of at least four months duration,
selected by the secretary of corrections. If the secretary determines that
substance abuse treatment resources are otherwise available, such term of
imprisonment may be served in a facility designated by the secretary of
corrections in the custody of the secretary of corrections to participate in
an intensive substance abuse treatment program. The secretary's
determination regarding the availability of treatment resources shall not be
subject to review. 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. If the offender's term of
imprisonment expires, the offender shall be placed under the applicable
period of postrelease supervision.
(2) Such defendant's term of imprisonment shall not be subject to
modification under paragraph (1) if:
(A) The defendant has previously completed a certified drug abuse
treatment program, as provided in K.S.A. 75-52,144, and amendments
thereto;
(B) has been discharged or refused to participate in a certified drug
abuse treatment program, as provided in K.S.A. 75-52,144, and
amendments thereto;
(C) has completed an intensive substance abuse treatment program
under paragraph (1); or
(D) has been discharged or refused to participate in an intensive
substance abuse treatment program under paragraph (1).
The sentence under this subsection shall not be considered a departure
and shall not be subject to appeal.
(g) (1) Except as provided further, if the trier of fact makes a finding
that an offender carried possessed a firearm to commit a drug felony, or in
furtherance of a drug felony, possessed a firearm, in addition to the
sentence imposed pursuant to K.S.A. 2022 Supp. 21-6801 through 21-
6824, and amendments thereto, the offender shall be sentenced to:
(A) Except as provided in subsection (g)(1)(B), an additional 6
months' 36 months of imprisonment; and
(B) if the trier of fact makes a finding that the firearm was
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discharged, an additional 18 months' 60 months of imprisonment.
(2) The sentence imposed pursuant to subsection (g)(1) shall be
presumptive imprisonment. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(3) The provisions of this subsection shall not apply to violations of
K.S.A. 2022 Supp. 21-5706 or 21-5713, and amendments thereto.
Sec. 2. K.S.A. 2022 Supp. 21-6805 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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