Kansas 2023-2024 Regular Session

Kansas House Bill HB2349

Introduced
2/8/23  
Refer
2/8/23  

Caption

Abolishing the death penalty and creating the crime of aggravated murder.

Impact

The impact of this bill is substantial as it would not only eliminate capital punishment but also establish life imprisonment without the possibility of parole as the maximum penalty for aggravated murder. This shift towards a life without parole system is seen as a move to humanize the penal system and mitigate the moral and ethical dilemmas that accompany capital punishment. Furthermore, any individual sentenced to life without parole would not be eligible for parole or any reduction of their sentence, ensuring that the punishment is as severe as the death penalty without the moral implications involved in execution.

Summary

House Bill 2349 proposes significant changes to the state of Kansas' legal framework regarding capital punishment. The bill abolishes the death penalty for crimes committed on or after July 1, 2023, with provisions stating that any existing death sentences may still be carried out for crimes committed prior to this date. Additionally, HB2349 introduces the concept of 'aggravated murder,' defined as the intentional and premeditated killing of a person in the commission of certain violent crimes, including kidnapping and the murder of children under 14 years of age.

Contention

Despite its intentions, the bill presents points of contention, particularly among those who advocate for both victims' rights and the sanctity of life. Supporters argue that abolishing the death penalty aligns with evolving attitudes toward human rights and the criminal justice system, while opponents fear it may not adequately serve justice for the victims of particularly heinous crimes. The discussions surrounding the implementation of this bill indicate a division in belief on how best to achieve public safety and justice for victims, particularly in cases involving aggravated murder.

Companion Bills

No companion bills found.

Similar Bills

KS HB2272

Providing that no person shall be sentenced to death for crimes committed after July 1, 2025, and creating the crime of aggravated murder.

KS SB245

Providing that no person shall be sentenced to death for crimes committed after July 1, 2025, and creating the crime of aggravated murder.

KS SB211

Abolishing the death penalty and creating the crime of aggravated murder.

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 SB295

Removing the criminal penalties for possession of a personal-use quantity of marijuana and creating a civil penalty for possession of a personal-use quantity of marijuana.

KS HB2741

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.

CA SB710

Crimes: parole, theft, and DNA collection.