SENATE Substitute for HOUSE BILL No. 2436
AN ACT concerning abortion; relating to unlawful coercion to obtain an abortion; creating
the crime of coercion to obtain an abortion; providing the penalties therefor;
providing for enhanced criminal penalties for offenses committed with the intent to
compel a woman to obtain an abortion; amending K.S.A. 21-6804 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Coercion to obtain an abortion is engaging in
coercion with knowledge that a woman is pregnant and with the intent
to compel such woman to obtain an abortion when such woman has
expressed her desire to not obtain an abortion.
(b) Coercion to obtain an abortion, as defined in subsection (a), is:
(1) A person felony, and the offender shall be sentenced to not less
than 30 days nor more than one year's imprisonment and fined not less
than $500 nor more than $5,000; or
(2) if committed by the father or the putative father, who is 18
years of age or older at the time of the violation, of the unborn child of
a pregnant woman and such pregnant woman is less than 18 years of
age at the time of the violation, a person felony, and the offender shall
be sentenced to not less than 90 days nor more than one year's
imprisonment and fined not less than $1,000 nor more than $10,000.
(c) As used in this section:
(1) "Abortion" means the same as defined in K.S.A. 65-6701, and
amendments thereto;
(2) "coercion" means any of the following:
(A) Threatening to harm or physically restrain an individual or the
creation or execution of any scheme, plan or pattern intended to cause
an individual to believe that failure to perform an act would result in
financial harm to, or physical restraint of, an individual;
(B) abusing or threatening abuse of the legal system, including
threats of arrest or deportation without regard to whether the individual
being threatened is subject to arrest or deportation under the laws of
this state or the United States;
(C) knowingly destroying, concealing, removing, confiscating or
possessing any actual or purported passport or other immigration
document or any other actual or purported government identification
document from an individual without regard to whether the documents
are fraudulent or fraudulently obtained; or
(D) facilitating or controlling an individual's access to a controlled
substance, as defined in K.S.A. 65-4101, and amendments thereto,
other than for a legitimate medical purpose;
(3) "financial harm" means any of the following:
(A) Any loan, promissory note or other credit instrument that
provides for interest at a rate that is prohibited by state or federal law;
(B) any employment contract or other agreement for the payment
of wages that violates the wage payment act, K.S.A. 44-313 et seq., and
amendments thereto;
(C) extortion as defined in K.S.A. 21-6501, and amendments
thereto; or
(D) any other adverse financial consequence; and
(4) "unborn child" means a living individual organism of the
species homo sapiens, in utero, at any stage of gestation from
fertilization to birth.
(d) This section shall be a part of and supplemental to the Kansas
criminal code.
Sec. 2. K.S.A. 21-6804 is hereby amended to read as follows: 21-
6804. (a) The provisions of this section shall be applicable to the
sentencing guidelines grid for nondrug crimes. The following
sentencing guidelines grid shall be applicable to nondrug felony crimes: SENATE Substitute for HOUSE BILL No. 2436—page 2 SENATE Substitute for HOUSE BILL No. 2436—page 3
(b) Sentences expressed in the sentencing guidelines grid for
nondrug crimes represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime
severity and criminal history classification tool. The grid's vertical axis
is the crime severity scale which classifies current crimes of conviction.
The grid's horizontal axis is the criminal history scale which classifies
criminal histories.
(d) The sentencing guidelines grid for nondrug crimes as provided
in this section defines presumptive punishments for felony convictions,
subject to the sentencing court's discretion to enter a departure
sentence. The appropriate punishment for a felony conviction should
depend on the severity of the crime of conviction when compared to all
other crimes and the offender's criminal history.
(e) (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.
(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:
(A) Prison sentence; and
(B) duration of the nonprison sanction at the sentencing hearing.
(f) 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 5-H, 5-I or 6-G, the court may
impose an optional nonprison sentence as provided in subsection (q).
(g) The sentence for a violation of K.S.A. 21-3415, prior to its
repeal, aggravated battery against a law enforcement officer committed
prior to July 1, 2006, or a violation of K.S.A. 21-5412(d), and
amendments thereto, aggravated assault against a law enforcement
officer, which places the defendant's sentence in grid block 6-H or 6-I
shall be presumed imprisonment. The court may impose an optional
nonprison sentence as provided in subsection (q).
(h) When a firearm is used to commit any person felony, the
offender's sentence shall be presumed imprisonment. The court may
impose an optional nonprison sentence as provided in subsection (q).
(i) (1) The sentence for the violation of the felony provision of
K.S.A. 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-
6416, and amendments thereto, shall be as provided by the specific
mandatory sentencing requirements of that section and shall not be
subject to the provisions of this section or K.S.A. 21-6807, and
amendments thereto.
(2) If because of the offender's criminal history classification the
offender is subject to presumptive imprisonment or if the judge departs
from a presumptive probation sentence and the offender is subject to
imprisonment, the provisions of this section and K.S.A. 21-6807, and
amendments thereto, shall apply and the offender shall not be subject to SENATE Substitute for HOUSE BILL No. 2436—page 4
the mandatory sentence as provided in K.S.A. 21-5823, and
amendments thereto.
(3) Notwithstanding the provisions of any other section, the term
of imprisonment imposed for the violation of the felony provision of
K.S.A. 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-
6416, and amendments thereto, shall not be served in a state facility in
the custody of the secretary of corrections. Prior to imposing any
sentence pursuant to this subsection, the court may consider assigning
the defendant to a house arrest program pursuant to K.S.A. 21-6609,
and amendments thereto.
(j) (1) The sentence for any persistent sex offender whose current
convicted crime carries a presumptive term of imprisonment shall be
double the maximum duration of the presumptive imprisonment term.
The sentence for any persistent sex offender whose current conviction
carries a presumptive nonprison term shall be presumed imprisonment
and shall be double the maximum duration of the presumptive
imprisonment term.
(2) Except as otherwise provided in this subsection, as used in this
subsection, "persistent sex offender" means a person who:
(A) (i) Has been convicted in this state of a sexually violent crime,
as defined in K.S.A. 22-3717, and amendments thereto; and
(ii) at the time of the conviction under clause (i) has at least one
conviction for a sexually violent crime, as defined in K.S.A. 22-3717,
and amendments thereto, in this state or comparable felony under the
laws of another state, the federal government or a foreign government;
or
(B) (i) has been convicted of rape, as defined in K.S.A. 21-3502,
prior to its repeal, or K.S.A. 21-5503, and amendments thereto; and
(ii) at the time of the conviction under clause (i) has at least one
conviction for rape in this state or comparable felony under the laws of
another state, the federal government or a foreign government.
(3) Except as provided in subsection (j)(2)(B), the provisions of
this subsection shall not apply to any person whose current convicted
crime is a severity level 1 or 2 felony.
(k) (1) If it is shown at sentencing that the offender committed any
felony violation for the benefit of, at the direction of, or in association
with any criminal street gang, with the specific intent to promote,
further or assist in any criminal conduct by gang members, the
offender's sentence shall be presumed imprisonment. The court may
impose an optional nonprison sentence as provided in subsection (q).
(2) As used in this subsection, "criminal street gang" means any
organization, association or group of three or more persons, whether
formal or informal, having as one of its primary activities:
(A) The commission of one or more person felonies; or
(B) the commission of felony violations of article 57 of chapter 21
of the Kansas Statutes Annotated, and amendments thereto, K.S.A.
2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any
felony violation of any provision of the uniform controlled substances
act prior to July 1, 2009; and
(C) its members have a common name or common identifying
sign or symbol; and
(D) its members, individually or collectively, engage in or have
engaged in the commission, attempted commission, conspiracy to
commit or solicitation of two or more person felonies or felony
violations of article 57 of chapter 21 of the Kansas Statutes Annotated,
and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-
36a17, prior to their transfer, any felony violation of any provision of
the uniform controlled substances act prior to July 1, 2009, or any
substantially similar offense from another jurisdiction. SENATE Substitute for HOUSE BILL No. 2436—page 5
(l) Except as provided in subsection (o), the sentence for a
violation of K.S.A. 21-5807(a)(1), and amendments thereto, or any
attempt or conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and
amendments thereto, to commit such offense, when such person being
sentenced has a prior conviction for a violation of K.S.A. 21-3715(a) or
(b), prior to its repeal, 21-3716, prior to its repeal, K.S.A. 21-5807(a)
(1) or (a)(2) or 21-5807(b), and amendments thereto, or any attempt or
conspiracy to commit such offense, shall be presumptive imprisonment.
(m) The sentence for a violation of K.S.A. 22-4903 or K.S.A. 21-
5913(a)(2), and amendments thereto, shall be presumptive
imprisonment. If an offense under such sections is classified in grid
blocks 5-E, 5-F, 5-G, 5-H or 5-I, the court may impose an optional
nonprison sentence as provided in subsection (q).
(n) The sentence for a violation of criminal deprivation of
property, as defined in K.S.A. 21-5803, and amendments thereto, when
such property is a motor vehicle, and when such person being
sentenced has any combination of two or more prior convictions of
K.S.A. 21-3705(b), prior to its repeal, or of criminal deprivation of
property, as defined in K.S.A. 21-5803, and amendments thereto, when
such property is a motor vehicle, shall be presumptive imprisonment.
Such sentence shall not be considered a departure and shall not be
subject to appeal.
(o) (1) The sentence for a felony violation of theft of property as
defined in K.S.A. 21-5801, and amendments thereto, or burglary as
defined in K.S.A. 21-5807(a), and amendments thereto, when such
person being sentenced has no prior convictions for a violation of
K.S.A. 21-3701 or 21-3715, prior to their repeal, or theft of property as
defined in K.S.A. 21-5801, and amendments thereto, or burglary as
defined in K.S.A. 21-5807(a), and amendments thereto; or the sentence
for a felony violation of theft of property as defined in K.S.A. 21-5801,
and amendments thereto, when such person being sentenced has one or
two prior felony convictions for a violation of K.S.A. 21-3701, 21-3715
or 21-3716, prior to their repeal, or theft of property as defined in
K.S.A. 21-5801, and amendments thereto, or burglary or aggravated
burglary as defined in K.S.A. 21-5807, and amendments thereto; or the
sentence for a felony violation of burglary as defined in K.S.A. 21-
5807(a), and amendments thereto, when such person being sentenced
has one prior felony conviction for a violation of K.S.A. 21-3701, 21-
3715 or 21-3716, prior to their repeal, or theft of property as defined in
K.S.A. 21-5801, and amendments thereto, or burglary or aggravated
burglary as defined in K.S.A. 21-5807, and amendments thereto, shall
be the sentence as provided by this section, except that the court may
order an optional nonprison sentence for a defendant to participate in a
drug treatment program, including, but not limited to, an approved
aftercare plan, if the court makes the following findings on the record:
(A) Substance abuse was an underlying factor in the commission
of the crime;
(B) substance abuse treatment in the community is likely to be
more effective than a prison term in reducing the risk of offender
recidivism; and
(C) participation in an intensive substance abuse treatment
program will serve community safety interests.
(2) A defendant sentenced to an optional nonprison sentence under
this subsection shall be supervised by community correctional services.
The provisions of K.S.A. 21-6824(f)(1), and amendments thereto, shall
apply to a defendant sentenced under this subsection. The sentence
under this subsection shall not be considered a departure and shall not
be subject to appeal.
(p) (1) The sentence for a felony violation of theft of property as SENATE Substitute for HOUSE BILL No. 2436—page 6
defined in K.S.A. 21-5801, and amendments thereto, when such person
being sentenced has any combination of three or more prior felony
convictions for violations of K.S.A. 21-3701, 21-3715 or 21-3716,
prior to their repeal, or theft of property as defined in K.S.A. 21-5801,
and amendments thereto, or burglary or aggravated burglary as defined
in K.S.A. 21-5807, and amendments thereto; or the sentence for a
violation of burglary as defined in K.S.A. 21-5807(a), and amendments
thereto, when such person being sentenced has any combination of two
or more prior convictions for violations of K.S.A. 21-3701, 21-3715
and 21-3716, prior to their repeal, or theft of property as defined in
K.S.A. 21-5801, and amendments thereto, or burglary or aggravated
burglary as defined in K.S.A. 21-5807, and amendments thereto, shall
be presumed imprisonment and the defendant shall be sentenced to
prison as provided by this section, except that the court may
recommend that an offender be placed in the custody of the secretary of
corrections, in a facility designated by the secretary to participate in an
intensive substance abuse treatment program, upon making the
following findings on the record:
(A) Substance abuse was an underlying factor in the commission
of the crime;
(B) substance abuse treatment with a possibility of an early release
from imprisonment is likely to be more effective than a prison term in
reducing the risk of offender recidivism; and
(C) participation in an intensive substance abuse treatment
program with the possibility of an early release from imprisonment will
serve community safety interests by promoting offender reformation.
(2) The intensive substance abuse treatment program shall be
determined by the secretary of corrections, but shall be for a period of
at least four months. 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 within statutory limits. If the
offender's term of imprisonment expires, the offender shall be placed
under the applicable period of postrelease supervision. The sentence
under this subsection shall not be considered a departure and shall not
be subject to appeal.
(q) (1) As used in this section, an "optional nonprison sentence" is
a sentence which the court may impose, in lieu of the presumptive
sentence, upon making the following findings on the record:
(A) An appropriate treatment program exists which is likely to be
more effective than the presumptive prison term in reducing the risk of
offender recidivism; and
(B) the recommended treatment program is available and the
offender can be admitted to such program within a reasonable period of
time; or
(C) the nonprison sanction will serve community safety interests
by promoting offender reformation.
(2) Any decision made by the court regarding the imposition of an
optional nonprison sentence shall not be considered a departure and
shall not be subject to appeal.
(r) The sentence for a violation of K.S.A. 21-5413(c)(2), and
amendments thereto, shall be presumptive imprisonment and shall be
served consecutively to any other term or terms of imprisonment
imposed. Such sentence shall not be considered a departure and shall
not be subject to appeal.
(s) The sentence for a violation of K.S.A. 21-5512, and
amendments thereto, shall be presumptive imprisonment. Such
sentence shall not be considered a departure and shall not be subject to
appeal. SENATE Substitute for HOUSE BILL No. 2436—page 7
(t) (1) If the trier of fact makes a finding beyond a reasonable
doubt that an offender wore or used ballistic resistant material in the
commission of, or attempt to commit, or flight from any felony, in
addition to the sentence imposed pursuant to the Kansas sentencing
guidelines act, the offender shall be sentenced to an additional 30
months' imprisonment.
(2) The sentence imposed pursuant to paragraph (1) shall be
presumptive imprisonment and shall be served consecutively to any
other term or terms of imprisonment imposed. Such sentence shall not
be considered a departure and shall not be subject to appeal.
(3) As used in this subsection, "ballistic resistant material" means
any:
(A) Commercially produced material designed with the purpose of
providing ballistic and trauma protection, including, but not limited to,
bulletproof vests and kevlar vests; and
(B) homemade or fabricated substance or item designed with the
purpose of providing ballistic and trauma protection.
(u) The sentence for a violation of K.S.A. 21-6107, and
amendments thereto, or any attempt or conspiracy, as defined in K.S.A.
21-5301 and 21-5302, and amendments thereto, to commit such
offense, when such person being sentenced has a prior conviction for a
violation of K.S.A. 21-4018, prior to its repeal, or K.S.A. 21-6107, and
amendments thereto, or any attempt or conspiracy to commit such
offense, shall be presumptive imprisonment. Such sentence shall not be
considered a departure and shall not be subject to appeal.
(v) The sentence for a third or subsequent violation of K.S.A. 8-
1568, and amendments thereto, shall be presumptive imprisonment and
shall be served consecutively to any other term or terms of
imprisonment imposed. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(w) The sentence for aggravated criminal damage to property as
defined in K.S.A. 21-5813(b), and amendments thereto, when such
person being sentenced has a prior conviction for any nonperson felony
shall be presumptive imprisonment. Such sentence shall not be
considered a departure and shall not be subject to appeal.
(x) The sentence for a violation of K.S.A. 21-5807(a)(1), and
amendments thereto, shall be presumptive imprisonment if the offense
under such paragraph is classified in grid blocks 7-C, 7-D or 7-E. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
(y) (1) Except as provided in paragraph (3), if the trier of fact
makes a finding beyond a reasonable doubt that an offender committed
a nondrug felony offense, or any attempt or conspiracy, as defined in
K.S.A. 21-5301 and 21-5302, and amendments thereto, to commit a
nondrug felony offense, against a law enforcement officer, as defined in
K.S.A. 21-5111(p)(1) and (3), and amendments thereto, while such
officer was engaged in the performance of such officer's duty, or in
whole or in any part because of such officer's status as a law
enforcement officer, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in clause (ii), imprisonment for life, and such
offender shall not be eligible for probation or suspension, modification
or reduction of sentence. In addition, such offender shall not be eligible
for parole prior to serving 25 years' imprisonment, and such 25 years'
imprisonment shall not be reduced by the application of good time
credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a SENATE Substitute for HOUSE BILL No. 2436—page 8
mandatory minimum term of imprisonment of 25 years shall not apply
if the court finds the offender, because of the offender's criminal history
classification, is subject to presumptive imprisonment and the
sentencing range exceeds 300 months. In such case, the offender is
required to serve a mandatory minimum term equal to the sentence
established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal.
(3) The provisions of this subsection shall not apply to an offense
described in paragraph (1) if the factual aspect concerning a law
enforcement officer is a statutory element of such offense.
(z) (1) Notwithstanding K.S.A. 21-5109(b)(2), and amendments
thereto, or any other provision of law to the contrary, the sentence for a
violation of criminal possession of a weapon by a convicted felon as
defined in K.S.A. 21-6304, and amendments thereto, shall be
presumptive imprisonment and shall be served consecutively to any
other term or terms of imprisonment imposed if the trier of fact makes a
finding beyond a reasonable doubt that:
(A) The weapon the offender possessed during such violation was
a firearm; and
(B) such firearm was used by the offender during the commission
of any violent felony.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal. No other
sentence shall be permitted.
(3) The provisions of this subsection shall not apply to an offender
who is prohibited from possessing a weapon pursuant to K.S.A. 21-
6304, and amendments thereto, as a result of a juvenile adjudication.
(4) As used in this subsection, "violent felony" means any of the
following:
(A) Capital murder, as defined in K.S.A. 21-5401, and
amendments thereto;
(B) murder in the first degree, as defined in K.S.A. 21-5402, and
amendments thereto;
(C) murder in the second degree, as defined in K.S.A. 21-5403,
and amendments thereto;
(D) voluntary manslaughter, as defined in K.S.A. 21-5404, and
amendments thereto;
(E) kidnapping, as defined in K.S.A. 21-5408(a)(1), and
amendments thereto, or aggravated kidnapping, as defined in K.S.A.
21-5408(b), and amendments thereto;
(F) aggravated assault, as defined in K.S.A. 21-5412(b)(1), and
amendments thereto, and aggravated assault of a law enforcement
officer, as defined in K.S.A. 21-5412(d)(1), and amendments thereto;
(G) aggravated battery, as defined in K.S.A. 21-5413(b)(1)(A) or
(b)(1)(B), and amendments thereto, and aggravated battery against a
law enforcement officer, as defined in K.S.A. 21-5413(d)(1) or (d)(2),
and amendments thereto;
(H) mistreatment of a dependent adult or mistreatment of an elder
person, as defined in K.S.A. 21-5417(a)(1), and amendments thereto;
(I) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(J) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b),
and amendments thereto;
(K) abuse of a child, as defined in K.S.A. 21-5602(a)(1) or (a)(3),
and amendments thereto;
(L) any felony offense described in K.S.A. 21-5703 or 21-5705,
and amendments thereto;
(M) treason, as defined in K.S.A. 21-5901, and amendments
thereto; SENATE Substitute for HOUSE BILL No. 2436—page 9
(N) criminal discharge of a firearm, as defined in K.S.A. 21-
6308(a)(1), and amendments thereto;
(O) fleeing or attempting to elude a police officer, as defined in
K.S.A. 8-1568(b), and amendments thereto;
(P) any felony that includes the domestic violence designation
pursuant to K.S.A. 22-4616, and amendments thereto; or
(Q) any attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of any
felony offense defined in this subsection.
(aa) (1) The sentence for a violation of K.S.A. 21-6308(a)(1)(A)
or (a)(1)(B), and amendments thereto, if the trier of fact makes a
finding beyond a reasonable doubt that the offender discharged a
firearm and that the offender knew or reasonably should have known
that:
(A) A person was present in the dwelling, building, structure or
motor vehicle at which the offender discharged a firearm, shall be
presumptive imprisonment and, in addition to the sentence imposed
pursuant to the Kansas sentencing guidelines act, the offender shall be
sentenced to an additional 60 months of imprisonment; and
(B) a person less than 14 years of age was present in the dwelling,
building, structure or motor vehicle at which the offender discharged a
firearm, shall be presumptive imprisonment and, in addition to the
sentence imposed pursuant to the Kansas sentencing guidelines act, the
offender shall be sentenced to an additional 120 months of
imprisonment.
(2) The sentence imposed pursuant to paragraph (1) shall be
served consecutively to any other term or terms of imprisonment
imposed. Such sentence shall not be considered a departure and shall
not be subject to appeal.
(bb) (1) If the trier of fact makes a finding beyond a reasonable
doubt that an offender committed any act described in K.S.A. 21-5408,
21-5409, 21-5411, 21-5412, 21-5413, 21-5414, 21-5415, 21-5426, 21-
5427, 21-5428, 21-5429, 21-5503, 21-5504, 21-5505, 21-5506, 21-
5507, 21-5508, 21-5509, 21-5510, 21-5515, 21-5601, 21-5602, 21-
5604 or 21-5605, and amendments thereto, or any attempt or
conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and
amendments thereto, to commit any such act with knowledge that a
woman is pregnant and with the intent that such act will compel such
woman to obtain an abortion when such woman has expressed her
desire to not obtain an abortion, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in clause (ii), imprisonment for life, and such
offender shall not be eligible for probation or suspension, modification
or reduction of sentence. In addition, such offender shall not be eligible
for parole prior to serving 25 years' imprisonment, and such 25 years'
imprisonment shall not be reduced by the application of good time
credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a
mandatory minimum term of imprisonment of 25 years shall not apply
if the court finds the offender, because of the offender's criminal history
classification, is subject to presumptive imprisonment and the
sentencing range exceeds 300 months. In such case, the offender is
required to serve a mandatory minimum term equal to the sentence
established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal. SENATE Substitute for HOUSE BILL No. 2436—page 10
Sec. 3. K.S.A. 21-6804 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the House,
and passed that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.