Kansas 2023-2024 Regular Session

Kansas House Bill HB2436 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	SENATE Substitute for HOUSE BILL No. 2436
2		-	AN ACT concerning abortion; relating to unlawful coercion to obtain an abortion; creating
3		-	the crime of coercion to obtain an abortion; providing the penalties therefor;
4		-	providing for enhanced criminal penalties for offenses committed with the intent to
5		-	compel a woman to obtain an abortion; amending K.S.A. 21-6804 and repealing the
6		-	existing section.
	1	+	Session of 2023
	2	+	HOUSE BILL No. 2436
	3	+	By Committee on Appropriations
	4	+	2-22
	5	+	AN ACT concerning environmental, social and governance criteria
	6	+	involving public contracts and investments; enacting the Kansas public
	7	+	investments and contracts protection act; prohibiting the state or a
	8	+	political subdivision from giving preferential treatment to or
	9	+	discriminating against companies based on environmental, social and
	10	+	governance criteria in procuring or letting contracts; requiring
	11	+	fiduciaries of the Kansas public employees retirement system to act
	12	+	solely in the financial interest of participants and beneficiaries of the
	13	+	system; restricting state agencies from adopting environmental, social
	14	+	and governance criteria or requiring any person or business to operate
	15	+	in accordance with such criteria; providing for enforcement of such act
	16	+	by the attorney general; amending K.S.A. 2022 Supp. 74-4921 and
	17	+	repealing the existing section.
7	18		Be it enacted by the Legislature of the State of Kansas:
8		-	New Section 1. (a) Coercion to obtain an abortion is engaging in
9		-	coercion with knowledge that a woman is pregnant and with the intent
10		-	to compel such woman to obtain an abortion when such woman has
11		-	expressed her desire to not obtain an abortion.
12		-	(b) Coercion to obtain an abortion, as defined in subsection (a), is:
13		-	(1) A person felony, and the offender shall be sentenced to not less
14		-	than 30 days nor more than one year's imprisonment and fined not less
15		-	than $500 nor more than $5,000; or
16		-	(2) if committed by the father or the putative father, who is 18
17		-	years of age or older at the time of the violation, of the unborn child of
18		-	a pregnant woman and such pregnant woman is less than 18 years of
19		-	age at the time of the violation, a person felony, and the offender shall
20		-	be sentenced to not less than 90 days nor more than one year's
21		-	imprisonment and fined not less than $1,000 nor more than $10,000.
22		-	(c) As used in this section:
23		-	(1) "Abortion" means the same as defined in K.S.A. 65-6701, and
24		-	amendments thereto;
25		-	(2) "coercion" means any of the following:
26		-	(A) Threatening to harm or physically restrain an individual or the
27		-	creation or execution of any scheme, plan or pattern intended to cause
28		-	an individual to believe that failure to perform an act would result in
29		-	financial harm to, or physical restraint of, an individual;
30		-	(B) abusing or threatening abuse of the legal system, including
31		-	threats of arrest or deportation without regard to whether the individual
32		-	being threatened is subject to arrest or deportation under the laws of
33		-	this state or the United States;
34		-	(C) knowingly destroying, concealing, removing, confiscating or
35		-	possessing any actual or purported passport or other immigration
36		-	document or any other actual or purported government identification
37		-	document from an individual without regard to whether the documents
38		-	are fraudulent or fraudulently obtained; or
39		-	(D) facilitating or controlling an individual's access to a controlled
40		-	substance, as defined in K.S.A. 65-4101, and amendments thereto,
41		-	other than for a legitimate medical purpose;
42		-	(3) "financial harm" means any of the following:
43		-	(A) Any loan, promissory note or other credit instrument that
44		-	provides for interest at a rate that is prohibited by state or federal law;
45		-	(B) any employment contract or other agreement for the payment
46		-	of wages that violates the wage payment act, K.S.A. 44-313 et seq., and
47		-	amendments thereto;
48		-	(C) extortion as defined in K.S.A. 21-6501, and amendments
49		-	thereto; or
50		-	(D) any other adverse financial consequence; and
51		-	(4) "unborn child" means a living individual organism of the
52		-	species homo sapiens, in utero, at any stage of gestation from
53		-	fertilization to birth.
54		-	(d) This section shall be a part of and supplemental to the Kansas
55		-	criminal code.
56		-	Sec. 2. K.S.A. 21-6804 is hereby amended to read as follows: 21-
57		-	6804. (a) The provisions of this section shall be applicable to the
58		-	sentencing guidelines grid for nondrug crimes. The following
59		-	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
60		-	(b) Sentences expressed in the sentencing guidelines grid for
61		-	nondrug crimes represent months of imprisonment.
62		-	(c) The sentencing guidelines grid is a two-dimensional crime
63		-	severity and criminal history classification tool. The grid's vertical axis
64		-	is the crime severity scale which classifies current crimes of conviction.
65		-	The grid's horizontal axis is the criminal history scale which classifies
66		-	criminal histories.
67		-	(d) The sentencing guidelines grid for nondrug crimes as provided
68		-	in this section defines presumptive punishments for felony convictions,
69		-	subject to the sentencing court's discretion to enter a departure
70		-	sentence. The appropriate punishment for a felony conviction should
71		-	depend on the severity of the crime of conviction when compared to all
72		-	other crimes and the offender's criminal history.
73		-	(e) (1) The sentencing court has discretion to sentence at any place
74		-	within the sentencing range. In the usual case it is recommended that
75		-	the sentencing judge select the center of the range and reserve the upper
76		-	and lower limits for aggravating and mitigating factors insufficient to
77		-	warrant a departure.
78		-	(2) In presumptive imprisonment cases, the sentencing court shall
79		-	pronounce the complete sentence which shall include the:
80		-	(A) Prison sentence;
81		-	(B) maximum potential reduction to such sentence as a result of
82		-	good time; and
83		-	(C) period of postrelease supervision at the sentencing hearing.
84		-	Failure to pronounce the period of postrelease supervision shall not
85		-	negate the existence of such period of postrelease supervision.
86		-	(3) In presumptive nonprison cases, the sentencing court shall
87		-	pronounce the:
88		-	(A) Prison sentence; and
89		-	(B) duration of the nonprison sanction at the sentencing hearing.
90		-	(f) Each grid block states the presumptive sentencing range for an
91		-	offender whose crime of conviction and criminal history place such
92		-	offender in that grid block. If an offense is classified in a grid block
93		-	below the dispositional line, the presumptive disposition shall be
94		-	nonimprisonment. If an offense is classified in a grid block above the
95		-	dispositional line, the presumptive disposition shall be imprisonment. If
96		-	an offense is classified in grid blocks 5-H, 5-I or 6-G, the court may
97		-	impose an optional nonprison sentence as provided in subsection (q).
98		-	(g) The sentence for a violation of K.S.A. 21-3415, prior to its
99		-	repeal, aggravated battery against a law enforcement officer committed
100		-	prior to July 1, 2006, or a violation of K.S.A. 21-5412(d), and
101		-	amendments thereto, aggravated assault against a law enforcement
102		-	officer, which places the defendant's sentence in grid block 6-H or 6-I
103		-	shall be presumed imprisonment. The court may impose an optional
104		-	nonprison sentence as provided in subsection (q).
105		-	(h) When a firearm is used to commit any person felony, the
106		-	offender's sentence shall be presumed imprisonment. The court may
107		-	impose an optional nonprison sentence as provided in subsection (q).
108		-	(i) (1) The sentence for the violation of the felony provision of
109		-	K.S.A. 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-
110		-	6416, and amendments thereto, shall be as provided by the specific
111		-	mandatory sentencing requirements of that section and shall not be
112		-	subject to the provisions of this section or K.S.A. 21-6807, and
	19	+	New Section 1. (a) The provisions of sections 1 through 5, and
	20	+	amendments thereto, shall be known and may be cited as the Kansas
	21	+	public investments and contracts protection act.
	22	+	(b) As used in this act:
	23	+	(1) "Act" means the Kansas public investments and contracts
	24	+	protection act.
	25	+	(2) "Board" means the board of trustees of the Kansas public
	26	+	employees retirement system.
	27	+	(3) "Company" means any organization, association, corporation,
	28	+	partnership, joint venture, limited partnership, limited liability partnership,
	29	+	limited liability company or other entity of business association, including
	30	+	a wholly owned subsidiary, majority-owned subsidiary, parent company or
	31	+	affiliate of such entities or business associations that exists for the purpose
	32	+	of making a profit.
	33	+	(4) "Environmental, social and governance criteria" means a
	34	+	preferential treatment or a discrimination evaluation conducted by the
	35	+	state, any agency of the state, any political subdivision of the state, or any
	36	+	instrumentality thereof, that considers whether a company meets or fails to
	37	+	meet one or more of the following criteria:
	38	+	(A) Engaging in the exploration, production, utilization,
	39	+	transportation, sale or manufacturing of:
	40	+	1
	41	+	2
	42	+	3
	43	+	4
	44	+	5
	45	+	6
	46	+	7
	47	+	8
	48	+	9
	49	+	10
	50	+	11
	51	+	12
	52	+	13
	53	+	14
	54	+	15
	55	+	16
	56	+	17
	57	+	18
	58	+	19
	59	+	20
	60	+	21
	61	+	22
	62	+	23
	63	+	24
	64	+	25
	65	+	26
	66	+	27
	67	+	28
	68	+	29
	69	+	30
	70	+	31
	71	+	32
	72	+	33
	73	+	34
	74	+	35
	75	+	36 HB 2436 2
	76	+	(i) Fossil fuel-based energy;
	77	+	(ii) nuclear energy; or
	78	+	(iii) any other natural resource;
	79	+	(B) engaging in the production of agriculture;
	80	+	(C) engaging in the production of lumber;
	81	+	(D) engaging in mining;
	82	+	(E) emitting greenhouse gases or not disclosing or offsetting such
	83	+	greenhouse gas emissions;
	84	+	(F) engaging in the manufacturing, distribution or sale of firearms,
	85	+	firearms accessories, ammunition or ammunition components;
	86	+	(G) having a governing corporate board or other officers whose race,
	87	+	ethnicity, sex or sexual orientation meets or does not meet any criterion;
	88	+	(H) facilitating or assisting or not facilitating or assisting employees
	89	+	in obtaining abortions or gender reassignment services; and
	90	+	(I) doing business with any company described by subparagraphs (A)
	91	+	through (H).
	92	+	(5) "Fiduciary" means any person acting on behalf of the board or
	93	+	system as an investment manager, proxy advisor or contractor, including
	94	+	the system's board of trustees.
	95	+	(6) "Fiduciary commitment" means any evidence of a fiduciary's
	96	+	purpose in managing assets as a fiduciary, including, but not limited to,
	97	+	any of the following in a fiduciary's capacity as a fiduciary:
	98	+	(A) Advertisements, statements, explanations, reports, letters to
	99	+	clients, communications with portfolio companies, statements of principles
	100	+	or commitments; or
	101	+	(B) participation in, affiliation with or status as a signatory to any
	102	+	coalition, initiative, joint statement of principles or agreement.
	103	+	(7) (A) "Financial" means having been prudently determined by a
	104	+	fiduciary to have a material effect on the financial risk or the financial
	105	+	return of an investment.
	106	+	(B) "Financial" does not include any action taken or factor considered
	107	+	by a fiduciary with any purpose whatsoever to further social, political or
	108	+	ideological interests.
	109	+	(C) A fiduciary may reasonably be determined to have taken an
	110	+	action or considered a factor with a purpose to further social, political or
	111	+	ideological interests based upon evidence indicating such a purpose,
	112	+	including, but not limited to, any fiduciary commitment to further, through
	113	+	portfolio company engagement, board or shareholder votes or otherwise as
	114	+	a fiduciary, any of the following beyond what controlling federal or state
	115	+	law requires:
	116	+	(i) Eliminating, reducing, offsetting or disclosing greenhouse gas
	117	+	emissions;
	118	+	(ii) instituting or assessing corporate board, employment,
	119	+	1
	120	+	2
	121	+	3
	122	+	4
	123	+	5
	124	+	6
	125	+	7
	126	+	8
	127	+	9
	128	+	10
	129	+	11
	130	+	12
	131	+	13
	132	+	14
	133	+	15
	134	+	16
	135	+	17
	136	+	18
	137	+	19
	138	+	20
	139	+	21
	140	+	22
	141	+	23
	142	+	24
	143	+	25
	144	+	26
	145	+	27
	146	+	28
	147	+	29
	148	+	30
	149	+	31
	150	+	32
	151	+	33
	152	+	34
	153	+	35
	154	+	36
	155	+	37
	156	+	38
	157	+	39
	158	+	40
	159	+	41
	160	+	42
	161	+	43 HB 2436 3
	162	+	composition, compensation or disclosure criteria that incorporates
	163	+	characteristics protected under state law;
	164	+	(iii) divesting from, limiting investment in or limiting the activities or
	165	+	investments of any company for failing or not committing to meet
	166	+	environmental standards or disclosures;
	167	+	(iv) accessing abortion, sex or gender change or transgender surgery;
	168	+	or
	169	+	(v) divesting from, limiting investment in or limiting the activities or
	170	+	investments of any company that engages in, facilitates or supports the
	171	+	manufacture, import, distribution, marketing, advertising, sale or lawful
	172	+	use of firearms, ammunition or component parts and accessories of
	173	+	firearms or ammunition.
	174	+	(8) "Fossil fuels" means coal, natural gas, petroleum or oil formed by
	175	+	natural processes through decomposition of dead organisms.
	176	+	(9) "Natural resources" means fossil fuels, minerals, metal ores or any
	177	+	other nonrenewable or finite resource that cannot be readily replaced by
	178	+	natural means at the speed at which it is consumed.
	179	+	(10) "System" means the Kansas public employees retirement system.
	180	+	New Sec. 2. (a) The state, any agency of the state, any political
	181	+	subdivision of the state, or any instrumentality thereof, including the
	182	+	pooled money investment board established by K.S.A. 75-4221a, and
	183	+	amendments thereto, when engaged in procuring or letting contracts for
	184	+	any purpose, shall ensure that bidders, offerors, contractors or
	185	+	subcontractors are not given preferential treatment or discriminated against
	186	+	based on an environmental, social and governance criteria.
	187	+	(b) The state, any agency of the state, any political subdivision of the
	188	+	state or any instrumentality thereof, including the pooled money
	189	+	investment board established by K.S.A. 75-4221a, and amendments
	190	+	thereto, shall not adopt any procurement regulation or policy that causes
	191	+	any bidder, offeror, contractor or subcontractor to be given preferential
	192	+	treatment or be subject to discrimination based on an environmental, social
	193	+	and governance criteria, except as otherwise specifically permitted or
	194	+	required by law.
	195	+	New Sec. 3. (a) In making and supervising investments of the system,
	196	+	the system and any investment manager, proxy advisor or contractor
	197	+	thereof shall discharge its duties solely in the financial interest of the
	198	+	participants and beneficiaries for the exclusive purposes of:
	199	+	(1) Providing financial benefits to participants and their beneficiaries;
	200	+	and
	201	+	(2) defraying reasonable expenses of administering the system.
	202	+	(b) An investment manager, proxy advisor or contractor retained by
	203	+	the system shall be subject to the same fiduciary duties as the system's
	204	+	board of trustees.
	205	+	1
	206	+	2
	207	+	3
	208	+	4
	209	+	5
	210	+	6
	211	+	7
	212	+	8
	213	+	9
	214	+	10
	215	+	11
	216	+	12
	217	+	13
	218	+	14
	219	+	15
	220	+	16
	221	+	17
	222	+	18
	223	+	19
	224	+	20
	225	+	21
	226	+	22
	227	+	23
	228	+	24
	229	+	25
	230	+	26
	231	+	27
	232	+	28
	233	+	29
	234	+	30
	235	+	31
	236	+	32
	237	+	33
	238	+	34
	239	+	35
	240	+	36
	241	+	37
	242	+	38
	243	+	39
	244	+	40
	245	+	41
	246	+	42
	247	+	43 HB 2436 4
	248	+	(c) A fiduciary shall consider only financial factors when discharging
	249	+	such fiduciary's duties with respect to the system.
	250	+	(d) All shares held directly or indirectly by or on behalf of the system
	251	+	or the participants and their beneficiaries shall be voted solely in the
	252	+	financial interest of system participants and their beneficiaries.
	253	+	(e) Unless no economically practicable alternative is available, the
	254	+	system shall not grant proxy voting authority to any person who is not a
	255	+	part of the system, unless such person has a practice of, and in writing
	256	+	commits to, follow guidelines that match the system's obligation to act
	257	+	solely upon financial factors.
	258	+	(f) Unless no economically practicable alternative is available, in the
	259	+	selection of any proxy advisor, the system shall give preference to a proxy
	260	+	advisor service that commits in writing to engage in voting shares and
	261	+	making recommendations in a strictly fiduciary manner, and without
	262	+	consideration of policy objectives that are not the express policy objectives
	263	+	of the system.
	264	+	(g) Unless no economically practicable alternative is available,
	265	+	system assets shall not be entrusted to a fiduciary, unless such fiduciary
	266	+	has a practice of, and in writing commits to, following guidelines, when
	267	+	engaging with portfolio companies and voting shares or proxies, that
	268	+	follow the system's obligation to act solely upon financial factors and not
	269	+	upon policy considerations that are not the express policy objectives of the
	270	+	system.
	271	+	(h) Unless no economically practicable alternative is available, an
	272	+	investment manager or contractor shall not adopt a practice of following
	273	+	the recommendations of a proxy advisor or other service provider, unless
	274	+	such advisor or service provider has a practice of, and in writing commits
	275	+	to, following proxy voting guidelines that follow the system's obligation to
	276	+	act solely upon financial factors.
	277	+	(i) All proxy votes shall be tabulated and reported annually to the
	278	+	system's board of trustees and to the legislative coordinating council. For
	279	+	each vote, the report shall contain a vote caption, the system's vote, the
	280	+	recommendation of company management and, if applicable, the proxy
	281	+	advisor's recommendation. Such reports shall be posted on the system's
	282	+	website for review by the public.
	283	+	New Sec. 4. (a) As used in this section, "state agency" means an
	284	+	office, board, commission, department, council, bureau, governmental
	285	+	entity or other agency of state government having authority to adopt or
	286	+	enforce rules and regulations.
	287	+	(b) No state agency shall share or publish information, adopt policies,
	288	+	adopt rules and regulations or issue guidelines for purposes of
	289	+	environmental, social and governance criteria that restrict the ability of any
	290	+	industry to offer products or services. No state agency shall require any
	291	+	1
	292	+	2
	293	+	3
	294	+	4
	295	+	5
	296	+	6
	297	+	7
	298	+	8
	299	+	9
	300	+	10
	301	+	11
	302	+	12
	303	+	13
	304	+	14
	305	+	15
	306	+	16
	307	+	17
	308	+	18
	309	+	19
	310	+	20
	311	+	21
	312	+	22
	313	+	23
	314	+	24
	315	+	25
	316	+	26
	317	+	27
	318	+	28
	319	+	29
	320	+	30
	321	+	31
	322	+	32
	323	+	33
	324	+	34
	325	+	35
	326	+	36
	327	+	37
	328	+	38
	329	+	39
	330	+	40
	331	+	41
	332	+	42
	333	+	43 HB 2436 5
	334	+	person or business to adopt or operate in accordance with environmental,
	335	+	social and governance criteria.
	336	+	New Sec. 5. (a) This act or any contract subject to this act may be
	337	+	enforced by the attorney general.
	338	+	(b) If the attorney general has reasonable cause to believe that a
	339	+	person has engaged in, is engaging in or is about to engage in a violation
	340	+	of this act, the attorney general may require:
	341	+	(1) Such person to file on such forms as the attorney general may
	342	+	prescribe a statement or report in writing, under oath, as to all the facts and
	343	+	circumstances concerning the violation; and
	344	+	(2) the filing of such other data and information as the attorney
	345	+	general may deem necessary.
	346	+	(c) In addition to any other remedies available at law or equity, an
	347	+	investment manager or contractor of the system that serves as a fiduciary
	348	+	and violates the provisions of section 3, and amendments thereto, shall be
	349	+	obligated to pay damages to the state in an amount equal to three times all
	350	+	moneys paid to the investment manager or contractor by the system for the
	351	+	services of such investment manager or contractor.
	352	+	Sec. 6. K.S.A. 2022 Supp. 74-4921 is hereby amended to read as
	353	+	follows: 74-4921. (1) There is hereby created in the state treasury the
	354	+	Kansas public employees retirement fund. All employee and employer
	355	+	contributions shall be deposited in the state treasury to be credited to the
	356	+	Kansas public employees retirement fund. The fund is a trust fund and
	357	+	shall be used solely for the exclusive purpose of providing benefits to
	358	+	members and member beneficiaries and defraying reasonable expenses of
	359	+	administering the fund. Investment income of the fund shall be added or
	360	+	credited to the fund as provided by law. All benefits payable under the
	361	+	system, refund of contributions and overpayments, purchases or
	362	+	investments under the law and expenses in connection with the system
	363	+	unless otherwise provided by law shall be paid from the fund. The director
	364	+	of accounts and reports is authorized to draw warrants on the state
	365	+	treasurer and against such fund upon the filing in the director's office of
	366	+	proper vouchers executed by the chairperson or the executive director of
	367	+	the board. As an alternative, payments from the fund may be made by
	368	+	credits to the accounts of recipients of payments in banks, savings and loan
	369	+	associations and credit unions. A payment shall be so made only upon the
	370	+	written authorization and direction of the recipient of payment and upon
	371	+	receipt of such authorization such payments shall be made in accordance
	372	+	therewith. Orders for payment of such claims may be contained on:
	373	+	(a) A letter, memorandum, telegram, computer printout or similar
	374	+	writing,; or
	375	+	(b) any form of communication, other than voice, which is registered
	376	+	upon magnetic tape, disc or any other medium designed to capture and
	377	+	1
	378	+	2
	379	+	3
	380	+	4
	381	+	5
	382	+	6
	383	+	7
	384	+	8
	385	+	9
	386	+	10
	387	+	11
	388	+	12
	389	+	13
	390	+	14
	391	+	15
	392	+	16
	393	+	17
	394	+	18
	395	+	19
	396	+	20
	397	+	21
	398	+	22
	399	+	23
	400	+	24
	401	+	25
	402	+	26
	403	+	27
	404	+	28
	405	+	29
	406	+	30
	407	+	31
	408	+	32
	409	+	33
	410	+	34
	411	+	35
	412	+	36
	413	+	37
	414	+	38
	415	+	39
	416	+	40
	417	+	41
	418	+	42
	419	+	43 HB 2436 6
	420	+	contain in durable form conventional signals used for the electronic
	421	+	communication of messages.
	422	+	(2) The board shall have the responsibility for the management of the
	423	+	fund and shall discharge the board's duties with respect to the fund solely
	424	+	in the interests of the members and beneficiaries of the system for the
	425	+	exclusive purpose of providing benefits to members and such member's
	426	+	beneficiaries and defraying reasonable expenses of administering the fund
	427	+	and shall invest and reinvest moneys in the fund and acquire, retain,
	428	+	manage, including the exercise of any voting rights and disposal of
	429	+	investments of the fund within the limitations and according to the powers,
	430	+	duties and purposes as prescribed by this section.
	431	+	(3) Moneys in the fund shall be invested and reinvested to achieve the
	432	+	investment objective which is preservation of the fund to provide benefits
	433	+	to members and member beneficiaries, as provided by law and accordingly
	434	+	providing that the moneys are as productive as possible, subject to the
	435	+	standards set forth in this act. No moneys in the fund shall be invested or
	436	+	reinvested if the sole or primary an investment objective is for economic
	437	+	development or social purposes or objectives.
	438	+	(4) In investing and reinvesting moneys in the fund and in acquiring,
	439	+	retaining, managing and disposing of investments of the fund, the board
	440	+	shall exercise the judgment, care, skill, prudence and diligence under the
	441	+	circumstances then prevailing, which persons of prudence, discretion and
	442	+	intelligence acting in a like capacity and familiar with such matters would
	443	+	use in the conduct of an enterprise of like character and with like aims by
	444	+	diversifying the investments of the fund so as to minimize the risk of large
	445	+	losses, unless under the circumstances it is clearly prudent not to do so,
	446	+	and not in regard to speculation but in regard to the permanent disposition
	447	+	of similar funds, considering the probable income as well as the probable
	448	+	safety of their capital.
	449	+	(5) Notwithstanding subsection (4):
	450	+	(a) Total investments in common stock may be made in the amount of
	451	+	up to 60% of the total book value of the fund;
	452	+	(b) the board may invest or reinvest moneys of the fund in alternative
	453	+	investments if the following conditions are satisfied:
	454	+	(i) The total of the annual net commitment to alternative investments
	455	+	does not exceed 5% of the total market value of investment assets of the
	456	+	fund as measured from the end of the preceding calendar year;
	457	+	(ii) if in addition to the system, there are at least two other qualified
	458	+	institutional buyers, as defined by section (a)(1)(i) of rule 144A, securities
	459	+	act of 1933;
	460	+	(iii) the system's share in any individual alternative investment is
	461	+	limited to an investment representing not more than 20% of any such
	462	+	individual alternative investment;
	463	+	1
	464	+	2
	465	+	3
	466	+	4
	467	+	5
	468	+	6
	469	+	7
	470	+	8
	471	+	9
	472	+	10
	473	+	11
	474	+	12
	475	+	13
	476	+	14
	477	+	15
	478	+	16
	479	+	17
	480	+	18
	481	+	19
	482	+	20
	483	+	21
	484	+	22
	485	+	23
	486	+	24
	487	+	25
	488	+	26
	489	+	27
	490	+	28
	491	+	29
	492	+	30
	493	+	31
	494	+	32
	495	+	33
	496	+	34
	497	+	35
	498	+	36
	499	+	37
	500	+	38
	501	+	39
	502	+	40
	503	+	41
	504	+	42
	505	+	43 HB 2436 7
	506	+	(iv) the system has received a favorable and appropriate
	507	+	recommendation from a qualified, independent expert in investment
	508	+	management or analysis in that particular type of alternative investment;
	509	+	(v) the alternative investment is consistent with the system's
	510	+	investment policies and objectives as provided in subsection (6);
	511	+	(vi) the individual alternative investment does not exceed more than
	512	+	2.5% of the total alternative investments made under this subsection. If the
	513	+	alternative investment is made pursuant to participation by the system in a
	514	+	multi-investor pool, the 2.5% limitation contained in this subsection is
	515	+	applied to the underlying individual assets of such pool and not to
	516	+	investment in the pool itself. The total of such alternative investments
	517	+	made pursuant to participation by the system in any one individual multi-
	518	+	investor pool shall not exceed more than 20% of the total of alternative
	519	+	investments made by the system pursuant to this subsection. Nothing in
	520	+	this subsection requires the board to liquidate or sell the system's holdings
	521	+	in any alternative investments made pursuant to participation by the
	522	+	system in any one individual multi-investor pool held by the system on the
	523	+	effective date of this act, unless such liquidation or sale would be in the
	524	+	best interest of the members and beneficiaries of the system and be
	525	+	prudent under the standards contained in this section. The 20% limitation
	526	+	contained in this subsection shall not have been violated if the total of such
	527	+	investment in any one individual multi-investor pool exceeds 20% of the
	528	+	total alternative investments of the fund as a result of market forces acting
	529	+	to increase the value of such a multi-investor pool relative to the rest of the
	530	+	system's alternative investments; however, the board shall not invest or
	531	+	reinvest any moneys of the fund in any such individual multi-investor pool
	532	+	until the value of such individual multi-investor pool is less than 20% of
	533	+	the total alternative investments of the fund;
	534	+	(vii) the board has received and considered the investment manager's
	535	+	due diligence findings submitted to the board as required by subsection (6)
	536	+	(c) (6);
	537	+	(viii) prior to the time the alternative investment is made, the system
	538	+	has in place procedures and systems to ensure that the investment is
	539	+	properly monitored and investment performance is accurately measured;
	540	+	and
	541	+	(ix) the total of alternative investments does not exceed 15% of the
	542	+	total investment assets of the fund. The 15% limitation contained in this
	543	+	subsection shall not have been violated if the total of such alternative
	544	+	investments exceeds 15% of the total investment assets of the fund, based
	545	+	on the fund total market value, as a result of market forces acting to
	546	+	increase the value of such alternative investments relative to the rest of the
	547	+	system's investments. However, the board shall not invest or reinvest any
	548	+	moneys of the fund in alternative investments until the total value of such
	549	+	1
	550	+	2
	551	+	3
	552	+	4
	553	+	5
	554	+	6
	555	+	7
	556	+	8
	557	+	9
	558	+	10
	559	+	11
	560	+	12
	561	+	13
	562	+	14
	563	+	15
	564	+	16
	565	+	17
	566	+	18
	567	+	19
	568	+	20
	569	+	21
	570	+	22
	571	+	23
	572	+	24
	573	+	25
	574	+	26
	575	+	27
	576	+	28
	577	+	29
	578	+	30
	579	+	31
	580	+	32
	581	+	33
	582	+	34
	583	+	35
	584	+	36
	585	+	37
	586	+	38
	587	+	39
	588	+	40
	589	+	41
	590	+	42
	591	+	43 HB 2436 8
	592	+	alternative investments is less than 15% of the total investment assets of
	593	+	the fund based on the market value. If the total value of the alternative
	594	+	investments exceeds 15% of the total investment assets of the fund, the
	595	+	board shall not be required to liquidate or sell the system's holdings in any
	596	+	alternative investment held by the system, unless such liquidation or sale
	597	+	would be in the best interest of the members and beneficiaries of the
	598	+	system and is prudent under the standards contained in this section.;
	599	+	(c) for purposes of this act section, "alternative investment" includes
	600	+	a broad group of investments that are not one of the traditional asset types
	601	+	of public equities, fixed income, cash or real estate. Alternative
	602	+	investments are generally made through limited partnership or similar
	603	+	structures, are not regularly traded on nationally recognized exchanges and
	604	+	thus are relatively illiquid, and exhibit lower correlations with more liquid
	605	+	asset types such as stocks and bonds. Alternative investments generally
	606	+	include, but are not limited to, private equity, private credit, hedge funds,
	607	+	infrastructure, commodities and other investments which that have the
	608	+	characteristics described in this paragraph; and
	609	+	(c)(d) except as otherwise provided, the board may invest or reinvest
	610	+	moneys of the fund in real estate investments if the following conditions
	611	+	are satisfied:
	612	+	(i) The system has received a favorable and appropriate
	613	+	recommendation from a qualified, independent expert in investment
	614	+	management or analysis in that particular type of real estate investment;
	615	+	(ii) the real estate investment is consistent with the system's
	616	+	investment policies and objectives as provided in subsection (6); and
	617	+	(iii) the system has received and considered the investment manager's
	618	+	due diligence findings.
	619	+	(6) (a) Subject to the objective set forth in subsection (3) and the
	620	+	standards set forth in subsections (4) and (5) the board shall formulate
	621	+	policies and objectives for the investment and reinvestment of moneys in
	622	+	the fund and the acquisition, retention, management and disposition of
	623	+	investments of the fund. Such policies and objectives shall include:
	624	+	(a)(i) Specific asset allocation standards and objectives;
	625	+	(b)(ii) establishment of criteria for evaluating the risk versus the
	626	+	potential return on a particular investment;
	627	+	(c)(iii) a requirement that all investment managers submit such
	628	+	manager's due diligence findings on each investment to the board or
	629	+	investment advisory committee for approval or rejection prior to making
	630	+	any alternative investment;
	631	+	(d)(iv) a requirement that all investment managers shall immediately
	632	+	report all instances of default on investments to the board and provide the
	633	+	board with recommendations and options, including, but not limited to,
	634	+	curing the default or withdrawal from the investment; and
	635	+	1
	636	+	2
	637	+	3
	638	+	4
	639	+	5
	640	+	6
	641	+	7
	642	+	8
	643	+	9
	644	+	10
	645	+	11
	646	+	12
	647	+	13
	648	+	14
	649	+	15
	650	+	16
	651	+	17
	652	+	18
	653	+	19
	654	+	20
	655	+	21
	656	+	22
	657	+	23
	658	+	24
	659	+	25
	660	+	26
	661	+	27
	662	+	28
	663	+	29
	664	+	30
	665	+	31
	666	+	32
	667	+	33
	668	+	34
	669	+	35
	670	+	36
	671	+	37
	672	+	38
	673	+	39
	674	+	40
	675	+	41
	676	+	42
	677	+	43 HB 2436 9
	678	+	(e)(v) establishment of criteria that would be used as a guideline for
	679	+	determining when no additional add-on investments or reinvestments
	680	+	would be made and when the investment would be liquidated.
	681	+	(b) The board shall review such policies and objectives, make
	682	+	changes considered necessary or desirable and readopt such policies and
	683	+	objectives on an annual basis.
	684	+	(7) The board may enter into contracts with one or more persons
	685	+	whom the board determines to be qualified, whereby the persons undertake
	686	+	to perform the functions specified in subsection (2) to the extent provided
	687	+	in the contract. Performance of functions under contract so entered into
	688	+	shall be paid pursuant to rates fixed by the board subject to provisions of
	689	+	appropriation acts and shall be based on specific contractual fee
	690	+	arrangements. The system shall not pay or reimburse any expenses of
	691	+	persons contracted with pursuant to this subsection, except that after
	692	+	approval of the board, the system may pay approved investment related
	693	+	expenses subject to provisions of appropriation acts. The board shall
	694	+	require that a person contracted with to obtain commercial insurance
	695	+	which provides for errors and omissions coverage for such person in an
	696	+	amount to be specified by the board, provided that such coverage shall be
	697	+	at least the greater of $500,000 or 1% of the funds entrusted to such person
	698	+	up to a maximum of $10,000,000. The board shall require a person
	699	+	contracted with to give a fidelity bond in a penal sum as may be fixed by
	700	+	law or, if not so fixed, as may be fixed by the board, with corporate surety
	701	+	authorized to do business in this state. Such persons contracted with the
	702	+	board pursuant to this subsection and any persons contracted with such
	703	+	persons to perform the functions specified in subsection (2) shall be
	704	+	deemed to be agents of the board and the system in the performance of
	705	+	contractual obligations.
	706	+	(8) (a) In the acquisition or disposition of securities, the board may
	707	+	rely on the written legal opinion of a reputable bond attorney or attorneys,
	708	+	the written opinion of the attorney of the investment counselor or
	709	+	managers, or the written opinion of the attorney general certifying the
	710	+	legality of the securities.
	711	+	(b) The board shall employ or retain qualified investment counsel or
	712	+	counselors or may negotiate with a trust company to assist and advise in
	713	+	the judicious investment of funds as herein provided.
	714	+	(9) (a) Except as provided in subsection (7) and this subsection, the
	715	+	custody of money and securities of the fund shall remain in the custody of
	716	+	the state treasurer, except that the board may arrange for the custody of
	717	+	such money and securities as it considers advisable with one or more
	718	+	member banks or trust companies of the federal reserve system or with one
	719	+	or more banks in the state of Kansas, or both, to be held in safekeeping by
	720	+	the banks or trust companies for the collection of the principal and interest
	721	+	1
	722	+	2
	723	+	3
	724	+	4
	725	+	5
	726	+	6
	727	+	7
	728	+	8
	729	+	9
	730	+	10
	731	+	11
	732	+	12
	733	+	13
	734	+	14
	735	+	15
	736	+	16
	737	+	17
	738	+	18
	739	+	19
	740	+	20
	741	+	21
	742	+	22
	743	+	23
	744	+	24
	745	+	25
	746	+	26
	747	+	27
	748	+	28
	749	+	29
	750	+	30
	751	+	31
	752	+	32
	753	+	33
	754	+	34
	755	+	35
	756	+	36
	757	+	37
	758	+	38
	759	+	39
	760	+	40
	761	+	41
	762	+	42
	763	+	43 HB 2436 10
	764	+	or other income or of the proceeds of sale. The services provided by the
	765	+	banks or trust companies shall be paid pursuant to rates fixed by the board
	766	+	subject to provisions of appropriation acts.
	767	+	(b) The state treasurer and the board shall collect the principal and
	768	+	interest or other income of investments or the proceeds of sale of securities
	769	+	in the custody of the state treasurer and pay same when so collected into
	770	+	the fund.
	771	+	(c) The principal and interest or other income or the proceeds of sale
	772	+	of securities as provided in clause (a) of this subsection (9) shall be
	773	+	reported to the state treasurer and the board and credited to the fund.
	774	+	(10) The board shall with the advice of the director of accounts and
	775	+	reports establish the requirements and procedure for reporting any and all
	776	+	activity relating to investment functions provided for in this act in order to
	777	+	prepare a record monthly of the investment income and changes made
	778	+	during the preceding month. The record will reflect a detailed summary of
	779	+	investment, reinvestment, purchase, sale and exchange transactions and
	780	+	such other information as the board may consider advisable to reflect a
	781	+	true accounting of the investment activity of the fund.
	782	+	(11) The board shall provide for an examination of the investment
	783	+	program annually. The examination shall include an evaluation of current
	784	+	investment policies and practices and of specific investments of the fund in
	785	+	relation to the objective set forth in subsection (3), the standard set forth in
	786	+	subsection (4) and other criteria as may be appropriate, and
	787	+	recommendations relating to the fund investment policies and practices
	788	+	and to specific investments of the fund as are considered necessary or
	789	+	desirable. The board shall include in its annual report to the governor as
	790	+	provided in K.S.A. 74-4907, and amendments thereto, a report or a
	791	+	summary thereof covering the investments of the fund.
	792	+	(12) (a) Any internal assessment or examination of alternative
	793	+	investments of the system performed by any person or entity employed or
	794	+	retained by the board which evaluates or monitors the performance of
	795	+	alternative investments shall be reported to the legislative post auditor so
	796	+	that such report may be reviewed in accordance with the annual financial-
	797	+	compliance audits conducted pursuant to K.S.A. 74-49,136, and
113	798		amendments thereto.
114		-	(2) If because of the offender's criminal history classification the
115		-	offender is subject to presumptive imprisonment or if the judge departs
116		-	from a presumptive probation sentence and the offender is subject to
117		-	imprisonment, the provisions of this section and K.S.A. 21-6807, and
118		-	amendments thereto, shall apply and the offender shall not be subject to SENATE Substitute for HOUSE BILL No. 2436—page 4
119		-	the mandatory sentence as provided in K.S.A. 21-5823, and
120		-	amendments thereto.
121		-	(3) Notwithstanding the provisions of any other section, the term
122		-	of imprisonment imposed for the violation of the felony provision of
123		-	K.S.A. 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-
124		-	6416, and amendments thereto, shall not be served in a state facility in
125		-	the custody of the secretary of corrections. Prior to imposing any
126		-	sentence pursuant to this subsection, the court may consider assigning
127		-	the defendant to a house arrest program pursuant to K.S.A. 21-6609,
128		-	and amendments thereto.
129		-	(j) (1) The sentence for any persistent sex offender whose current
130		-	convicted crime carries a presumptive term of imprisonment shall be
131		-	double the maximum duration of the presumptive imprisonment term.
132		-	The sentence for any persistent sex offender whose current conviction
133		-	carries a presumptive nonprison term shall be presumed imprisonment
134		-	and shall be double the maximum duration of the presumptive
135		-	imprisonment term.
136		-	(2) Except as otherwise provided in this subsection, as used in this
137		-	subsection, "persistent sex offender" means a person who:
138		-	(A) (i) Has been convicted in this state of a sexually violent crime,
139		-	as defined in K.S.A. 22-3717, and amendments thereto; and
140		-	(ii) at the time of the conviction under clause (i) has at least one
141		-	conviction for a sexually violent crime, as defined in K.S.A. 22-3717,
142		-	and amendments thereto, in this state or comparable felony under the
143		-	laws of another state, the federal government or a foreign government;
144		-	or
145		-	(B) (i) has been convicted of rape, as defined in K.S.A. 21-3502,
146		-	prior to its repeal, or K.S.A. 21-5503, and amendments thereto; and
147		-	(ii) at the time of the conviction under clause (i) has at least one
148		-	conviction for rape in this state or comparable felony under the laws of
149		-	another state, the federal government or a foreign government.
150		-	(3) Except as provided in subsection (j)(2)(B), the provisions of
151		-	this subsection shall not apply to any person whose current convicted
152		-	crime is a severity level 1 or 2 felony.
153		-	(k) (1) If it is shown at sentencing that the offender committed any
154		-	felony violation for the benefit of, at the direction of, or in association
155		-	with any criminal street gang, with the specific intent to promote,
156		-	further or assist in any criminal conduct by gang members, the
157		-	offender's sentence shall be presumed imprisonment. The court may
158		-	impose an optional nonprison sentence as provided in subsection (q).
159		-	(2) As used in this subsection, "criminal street gang" means any
160		-	organization, association or group of three or more persons, whether
161		-	formal or informal, having as one of its primary activities:
162		-	(A) The commission of one or more person felonies; or
163		-	(B) the commission of felony violations of article 57 of chapter 21
164		-	of the Kansas Statutes Annotated, and amendments thereto, K.S.A.
165		-	2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any
166		-	felony violation of any provision of the uniform controlled substances
167		-	act prior to July 1, 2009; and
168		-	(C) its members have a common name or common identifying
169		-	sign or symbol; and
170		-	(D) its members, individually or collectively, engage in or have
171		-	engaged in the commission, attempted commission, conspiracy to
172		-	commit or solicitation of two or more person felonies or felony
173		-	violations of article 57 of chapter 21 of the Kansas Statutes Annotated,
174		-	and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-
175		-	36a17, prior to their transfer, any felony violation of any provision of
176		-	the uniform controlled substances act prior to July 1, 2009, or any
177		-	substantially similar offense from another jurisdiction. SENATE Substitute for HOUSE BILL No. 2436—page 5
178		-	(l) Except as provided in subsection (o), the sentence for a
179		-	violation of K.S.A. 21-5807(a)(1), and amendments thereto, or any
180		-	attempt or conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and
181		-	amendments thereto, to commit such offense, when such person being
182		-	sentenced has a prior conviction for a violation of K.S.A. 21-3715(a) or
183		-	(b), prior to its repeal, 21-3716, prior to its repeal, K.S.A. 21-5807(a)
184		-	(1) or (a)(2) or 21-5807(b), and amendments thereto, or any attempt or
185		-	conspiracy to commit such offense, shall be presumptive imprisonment.
186		-	(m) The sentence for a violation of K.S.A. 22-4903 or K.S.A. 21-
187		-	5913(a)(2), and amendments thereto, shall be presumptive
188		-	imprisonment. If an offense under such sections is classified in grid
189		-	blocks 5-E, 5-F, 5-G, 5-H or 5-I, the court may impose an optional
190		-	nonprison sentence as provided in subsection (q).
191		-	(n) The sentence for a violation of criminal deprivation of
192		-	property, as defined in K.S.A. 21-5803, and amendments thereto, when
193		-	such property is a motor vehicle, and when such person being
194		-	sentenced has any combination of two or more prior convictions of
195		-	K.S.A. 21-3705(b), prior to its repeal, or of criminal deprivation of
196		-	property, as defined in K.S.A. 21-5803, and amendments thereto, when
197		-	such property is a motor vehicle, shall be presumptive imprisonment.
198		-	Such sentence shall not be considered a departure and shall not be
199		-	subject to appeal.
200		-	(o) (1) The sentence for a felony violation of theft of property as
201		-	defined in K.S.A. 21-5801, and amendments thereto, or burglary as
202		-	defined in K.S.A. 21-5807(a), and amendments thereto, when such
203		-	person being sentenced has no prior convictions for a violation of
204		-	K.S.A. 21-3701 or 21-3715, prior to their repeal, or theft of property as
205		-	defined in K.S.A. 21-5801, and amendments thereto, or burglary as
206		-	defined in K.S.A. 21-5807(a), and amendments thereto; or the sentence
207		-	for a felony violation of theft of property as defined in K.S.A. 21-5801,
208		-	and amendments thereto, when such person being sentenced has one or
209		-	two prior felony convictions for a violation of K.S.A. 21-3701, 21-3715
210		-	or 21-3716, prior to their repeal, or theft of property as defined in
211		-	K.S.A. 21-5801, and amendments thereto, or burglary or aggravated
212		-	burglary as defined in K.S.A. 21-5807, and amendments thereto; or the
213		-	sentence for a felony violation of burglary as defined in K.S.A. 21-
214		-	5807(a), and amendments thereto, when such person being sentenced
215		-	has one prior felony conviction for a violation of K.S.A. 21-3701, 21-
216		-	3715 or 21-3716, prior to their repeal, or theft of property as defined in
217		-	K.S.A. 21-5801, and amendments thereto, or burglary or aggravated
218		-	burglary as defined in K.S.A. 21-5807, and amendments thereto, shall
219		-	be the sentence as provided by this section, except that the court may
220		-	order an optional nonprison sentence for a defendant to participate in a
221		-	drug treatment program, including, but not limited to, an approved
222		-	aftercare plan, if the court makes the following findings on the record:
223		-	(A) Substance abuse was an underlying factor in the commission
224		-	of the crime;
225		-	(B) substance abuse treatment in the community is likely to be
226		-	more effective than a prison term in reducing the risk of offender
227		-	recidivism; and
228		-	(C) participation in an intensive substance abuse treatment
229		-	program will serve community safety interests.
230		-	(2) A defendant sentenced to an optional nonprison sentence under
231		-	this subsection shall be supervised by community correctional services.
232		-	The provisions of K.S.A. 21-6824(f)(1), and amendments thereto, shall
233		-	apply to a defendant sentenced under this subsection. The sentence
234		-	under this subsection shall not be considered a departure and shall not
235		-	be subject to appeal.
236		-	(p) (1) The sentence for a felony violation of theft of property as SENATE Substitute for HOUSE BILL No. 2436—page 6
237		-	defined in K.S.A. 21-5801, and amendments thereto, when such person
238		-	being sentenced has any combination of three or more prior felony
239		-	convictions for violations of K.S.A. 21-3701, 21-3715 or 21-3716,
240		-	prior to their repeal, or theft of property as defined in K.S.A. 21-5801,
241		-	and amendments thereto, or burglary or aggravated burglary as defined
242		-	in K.S.A. 21-5807, and amendments thereto; or the sentence for a
243		-	violation of burglary as defined in K.S.A. 21-5807(a), and amendments
244		-	thereto, when such person being sentenced has any combination of two
245		-	or more prior convictions for violations of K.S.A. 21-3701, 21-3715
246		-	and 21-3716, prior to their repeal, or theft of property as defined in
247		-	K.S.A. 21-5801, and amendments thereto, or burglary or aggravated
248		-	burglary as defined in K.S.A. 21-5807, and amendments thereto, shall
249		-	be presumed imprisonment and the defendant shall be sentenced to
250		-	prison as provided by this section, except that the court may
251		-	recommend that an offender be placed in the custody of the secretary of
252		-	corrections, in a facility designated by the secretary to participate in an
253		-	intensive substance abuse treatment program, upon making the
254		-	following findings on the record:
255		-	(A) Substance abuse was an underlying factor in the commission
256		-	of the crime;
257		-	(B) substance abuse treatment with a possibility of an early release
258		-	from imprisonment is likely to be more effective than a prison term in
259		-	reducing the risk of offender recidivism; and
260		-	(C) participation in an intensive substance abuse treatment
261		-	program with the possibility of an early release from imprisonment will
262		-	serve community safety interests by promoting offender reformation.
263		-	(2) The intensive substance abuse treatment program shall be
264		-	determined by the secretary of corrections, but shall be for a period of
265		-	at least four months. Upon the successful completion of such intensive
266		-	treatment program, the offender shall be returned to the court and the
267		-	court may modify the sentence by directing that a less severe penalty be
268		-	imposed in lieu of that originally adjudged within statutory limits. If the
269		-	offender's term of imprisonment expires, the offender shall be placed
270		-	under the applicable period of postrelease supervision. The sentence
271		-	under this subsection shall not be considered a departure and shall not
272		-	be subject to appeal.
273		-	(q) (1) As used in this section, an "optional nonprison sentence" is
274		-	a sentence which the court may impose, in lieu of the presumptive
275		-	sentence, upon making the following findings on the record:
276		-	(A) An appropriate treatment program exists which is likely to be
277		-	more effective than the presumptive prison term in reducing the risk of
278		-	offender recidivism; and
279		-	(B) the recommended treatment program is available and the
280		-	offender can be admitted to such program within a reasonable period of
281		-	time; or
282		-	(C) the nonprison sanction will serve community safety interests
283		-	by promoting offender reformation.
284		-	(2) Any decision made by the court regarding the imposition of an
285		-	optional nonprison sentence shall not be considered a departure and
286		-	shall not be subject to appeal.
287		-	(r) The sentence for a violation of K.S.A. 21-5413(c)(2), and
288		-	amendments thereto, shall be presumptive imprisonment and shall be
289		-	served consecutively to any other term or terms of imprisonment
290		-	imposed. Such sentence shall not be considered a departure and shall
291		-	not be subject to appeal.
292		-	(s) The sentence for a violation of K.S.A. 21-5512, and
293		-	amendments thereto, shall be presumptive imprisonment. Such
294		-	sentence shall not be considered a departure and shall not be subject to
295		-	appeal. SENATE Substitute for HOUSE BILL No. 2436—page 7
296		-	(t) (1) If the trier of fact makes a finding beyond a reasonable
297		-	doubt that an offender wore or used ballistic resistant material in the
298		-	commission of, or attempt to commit, or flight from any felony, in
299		-	addition to the sentence imposed pursuant to the Kansas sentencing
300		-	guidelines act, the offender shall be sentenced to an additional 30
301		-	months' imprisonment.
302		-	(2) The sentence imposed pursuant to paragraph (1) shall be
303		-	presumptive imprisonment and shall be served consecutively to any
304		-	other term or terms of imprisonment imposed. Such sentence shall not
305		-	be considered a departure and shall not be subject to appeal.
306		-	(3) As used in this subsection, "ballistic resistant material" means
307		-	any:
308		-	(A) Commercially produced material designed with the purpose of
309		-	providing ballistic and trauma protection, including, but not limited to,
310		-	bulletproof vests and kevlar vests; and
311		-	(B) homemade or fabricated substance or item designed with the
312		-	purpose of providing ballistic and trauma protection.
313		-	(u) The sentence for a violation of K.S.A. 21-6107, and
314		-	amendments thereto, or any attempt or conspiracy, as defined in K.S.A.
315		-	21-5301 and 21-5302, and amendments thereto, to commit such
316		-	offense, when such person being sentenced has a prior conviction for a
317		-	violation of K.S.A. 21-4018, prior to its repeal, or K.S.A. 21-6107, and
318		-	amendments thereto, or any attempt or conspiracy to commit such
319		-	offense, shall be presumptive imprisonment. Such sentence shall not be
320		-	considered a departure and shall not be subject to appeal.
321		-	(v) The sentence for a third or subsequent violation of K.S.A. 8-
322		-	1568, and amendments thereto, shall be presumptive imprisonment and
323		-	shall be served consecutively to any other term or terms of
324		-	imprisonment imposed. Such sentence shall not be considered a
325		-	departure and shall not be subject to appeal.
326		-	(w) The sentence for aggravated criminal damage to property as
327		-	defined in K.S.A. 21-5813(b), and amendments thereto, when such
328		-	person being sentenced has a prior conviction for any nonperson felony
329		-	shall be presumptive imprisonment. Such sentence shall not be
330		-	considered a departure and shall not be subject to appeal.
331		-	(x) The sentence for a violation of K.S.A. 21-5807(a)(1), and
332		-	amendments thereto, shall be presumptive imprisonment if the offense
333		-	under such paragraph is classified in grid blocks 7-C, 7-D or 7-E. Such
334		-	sentence shall not be considered a departure and shall not be subject to
335		-	appeal.
336		-	(y) (1) Except as provided in paragraph (3), if the trier of fact
337		-	makes a finding beyond a reasonable doubt that an offender committed
338		-	a nondrug felony offense, or any attempt or conspiracy, as defined in
339		-	K.S.A. 21-5301 and 21-5302, and amendments thereto, to commit a
340		-	nondrug felony offense, against a law enforcement officer, as defined in
341		-	K.S.A. 21-5111(p)(1) and (3), and amendments thereto, while such
342		-	officer was engaged in the performance of such officer's duty, or in
343		-	whole or in any part because of such officer's status as a law
344		-	enforcement officer, the sentence for such offense shall be:
345		-	(A) If such offense is classified in severity level 2 through 10, one
346		-	severity level above the appropriate level for such offense; and
347		-	(B) (i) if such offense is classified in severity level 1, except as
348		-	otherwise provided in clause (ii), imprisonment for life, and such
349		-	offender shall not be eligible for probation or suspension, modification
350		-	or reduction of sentence. In addition, such offender shall not be eligible
351		-	for parole prior to serving 25 years' imprisonment, and such 25 years'
352		-	imprisonment shall not be reduced by the application of good time
353		-	credits. No other sentence shall be permitted.
354		-	(ii) The provisions of clause (i) requiring the court to impose a SENATE Substitute for HOUSE BILL No. 2436—page 8
355		-	mandatory minimum term of imprisonment of 25 years shall not apply
356		-	if the court finds the offender, because of the offender's criminal history
357		-	classification, is subject to presumptive imprisonment and the
358		-	sentencing range exceeds 300 months. In such case, the offender is
359		-	required to serve a mandatory minimum term equal to the sentence
360		-	established pursuant to the sentencing range.
361		-	(2) The sentence imposed pursuant to paragraph (1) shall not be
362		-	considered a departure and shall not be subject to appeal.
363		-	(3) The provisions of this subsection shall not apply to an offense
364		-	described in paragraph (1) if the factual aspect concerning a law
365		-	enforcement officer is a statutory element of such offense.
366		-	(z) (1) Notwithstanding K.S.A. 21-5109(b)(2), and amendments
367		-	thereto, or any other provision of law to the contrary, the sentence for a
368		-	violation of criminal possession of a weapon by a convicted felon as
369		-	defined in K.S.A. 21-6304, and amendments thereto, shall be
370		-	presumptive imprisonment and shall be served consecutively to any
371		-	other term or terms of imprisonment imposed if the trier of fact makes a
372		-	finding beyond a reasonable doubt that:
373		-	(A) The weapon the offender possessed during such violation was
374		-	a firearm; and
375		-	(B) such firearm was used by the offender during the commission
376		-	of any violent felony.
377		-	(2) The sentence imposed pursuant to paragraph (1) shall not be
378		-	considered a departure and shall not be subject to appeal. No other
379		-	sentence shall be permitted.
380		-	(3) The provisions of this subsection shall not apply to an offender
381		-	who is prohibited from possessing a weapon pursuant to K.S.A. 21-
382		-	6304, and amendments thereto, as a result of a juvenile adjudication.
383		-	(4) As used in this subsection, "violent felony" means any of the
384		-	following:
385		-	(A) Capital murder, as defined in K.S.A. 21-5401, and
386		-	amendments thereto;
387		-	(B) murder in the first degree, as defined in K.S.A. 21-5402, and
388		-	amendments thereto;
389		-	(C) murder in the second degree, as defined in K.S.A. 21-5403,
390		-	and amendments thereto;
391		-	(D) voluntary manslaughter, as defined in K.S.A. 21-5404, and
392		-	amendments thereto;
393		-	(E) kidnapping, as defined in K.S.A. 21-5408(a)(1), and
394		-	amendments thereto, or aggravated kidnapping, as defined in K.S.A.
395		-	21-5408(b), and amendments thereto;
396		-	(F) aggravated assault, as defined in K.S.A. 21-5412(b)(1), and
397		-	amendments thereto, and aggravated assault of a law enforcement
398		-	officer, as defined in K.S.A. 21-5412(d)(1), and amendments thereto;
399		-	(G) aggravated battery, as defined in K.S.A. 21-5413(b)(1)(A) or
400		-	(b)(1)(B), and amendments thereto, and aggravated battery against a
401		-	law enforcement officer, as defined in K.S.A. 21-5413(d)(1) or (d)(2),
402		-	and amendments thereto;
403		-	(H) mistreatment of a dependent adult or mistreatment of an elder
404		-	person, as defined in K.S.A. 21-5417(a)(1), and amendments thereto;
405		-	(I) rape, as defined in K.S.A. 21-5503, and amendments thereto;
406		-	(J) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b),
407		-	and amendments thereto;
408		-	(K) abuse of a child, as defined in K.S.A. 21-5602(a)(1) or (a)(3),
409		-	and amendments thereto;
410		-	(L) any felony offense described in K.S.A. 21-5703 or 21-5705,
411		-	and amendments thereto;
412		-	(M) treason, as defined in K.S.A. 21-5901, and amendments
413		-	thereto; SENATE Substitute for HOUSE BILL No. 2436—page 9
414		-	(N) criminal discharge of a firearm, as defined in K.S.A. 21-
415		-	6308(a)(1), and amendments thereto;
416		-	(O) fleeing or attempting to elude a police officer, as defined in
417		-	K.S.A. 8-1568(b), and amendments thereto;
418		-	(P) any felony that includes the domestic violence designation
419		-	pursuant to K.S.A. 22-4616, and amendments thereto; or
420		-	(Q) any attempt, conspiracy or criminal solicitation, as defined in
421		-	K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of any
422		-	felony offense defined in this subsection.
423		-	(aa) (1) The sentence for a violation of K.S.A. 21-6308(a)(1)(A)
424		-	or (a)(1)(B), and amendments thereto, if the trier of fact makes a
425		-	finding beyond a reasonable doubt that the offender discharged a
426		-	firearm and that the offender knew or reasonably should have known
427		-	that:
428		-	(A) A person was present in the dwelling, building, structure or
429		-	motor vehicle at which the offender discharged a firearm, shall be
430		-	presumptive imprisonment and, in addition to the sentence imposed
431		-	pursuant to the Kansas sentencing guidelines act, the offender shall be
432		-	sentenced to an additional 60 months of imprisonment; and
433		-	(B) a person less than 14 years of age was present in the dwelling,
434		-	building, structure or motor vehicle at which the offender discharged a
435		-	firearm, shall be presumptive imprisonment and, in addition to the
436		-	sentence imposed pursuant to the Kansas sentencing guidelines act, the
437		-	offender shall be sentenced to an additional 120 months of
438		-	imprisonment.
439		-	(2) The sentence imposed pursuant to paragraph (1) shall be
440		-	served consecutively to any other term or terms of imprisonment
441		-	imposed. Such sentence shall not be considered a departure and shall
442		-	not be subject to appeal.
443		-	(bb) (1) If the trier of fact makes a finding beyond a reasonable
444		-	doubt that an offender committed any act described in K.S.A. 21-5408,
445		-	21-5409, 21-5411, 21-5412, 21-5413, 21-5414, 21-5415, 21-5426, 21-
446		-	5427, 21-5428, 21-5429, 21-5503, 21-5504, 21-5505, 21-5506, 21-
447		-	5507, 21-5508, 21-5509, 21-5510, 21-5515, 21-5601, 21-5602, 21-
448		-	5604 or 21-5605, and amendments thereto, or any attempt or
449		-	conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and
450		-	amendments thereto, to commit any such act with knowledge that a
451		-	woman is pregnant and with the intent that such act will compel such
452		-	woman to obtain an abortion when such woman has expressed her
453		-	desire to not obtain an abortion, the sentence for such offense shall be:
454		-	(A) If such offense is classified in severity level 2 through 10, one
455		-	severity level above the appropriate level for such offense; and
456		-	(B) (i) if such offense is classified in severity level 1, except as
457		-	otherwise provided in clause (ii), imprisonment for life, and such
458		-	offender shall not be eligible for probation or suspension, modification
459		-	or reduction of sentence. In addition, such offender shall not be eligible
460		-	for parole prior to serving 25 years' imprisonment, and such 25 years'
461		-	imprisonment shall not be reduced by the application of good time
462		-	credits. No other sentence shall be permitted.
463		-	(ii) The provisions of clause (i) requiring the court to impose a
464		-	mandatory minimum term of imprisonment of 25 years shall not apply
465		-	if the court finds the offender, because of the offender's criminal history
466		-	classification, is subject to presumptive imprisonment and the
467		-	sentencing range exceeds 300 months. In such case, the offender is
468		-	required to serve a mandatory minimum term equal to the sentence
469		-	established pursuant to the sentencing range.
470		-	(2) The sentence imposed pursuant to paragraph (1) shall not be
471		-	considered a departure and shall not be subject to appeal. SENATE Substitute for HOUSE BILL No. 2436—page 10
472		-	Sec. 3. K.S.A. 21-6804 is hereby repealed.
473		-	Sec. 4. This act shall take effect and be in force from and after its
474		-	publication in the statute book.
475		-	I hereby certify that the above BILL originated in the House,
476		-	and passed that body
477		-	HOUSE concurred in
478		-	SENATE amendments __________________________________________________________________
479		-
480		-
481		-	Speaker of the House.
482		-
483		-
484		-	Chief Clerk of the House.
485		-
486		-	Passed the SENATE
487		-	as amended
488		-
489		-
490		-	President of the Senate.
491		-
492		-
493		-	Secretary of the Senate.
494		-	APPROVED ______________________________________________________________________________
495		-
496		-	Governor.
	799	+	(b) The board shall prepare and submit an alternative investment
	800	+	report to the joint committee on pensions, investments and benefits prior to
	801	+	January 1, 2016. Such report shall include a review of alternative
	802	+	investments of the system with an emphasis on the effects of changes in
	803	+	law pursuant to this act and includes specific investment cost and market
	804	+	value information of each individual alternative investment.
	805	+	Sec. 7. K.S.A. 2022 Supp. 74-4921 is hereby repealed.
	806	+	Sec. 8. This act shall take effect and be in force from and after its
	807	+	1
	808	+	2
	809	+	3
	810	+	4
	811	+	5
	812	+	6
	813	+	7
	814	+	8
	815	+	9
	816	+	10
	817	+	11
	818	+	12
	819	+	13
	820	+	14
	821	+	15
	822	+	16
	823	+	17
	824	+	18
	825	+	19
	826	+	20
	827	+	21
	828	+	22
	829	+	23
	830	+	24
	831	+	25
	832	+	26
	833	+	27
	834	+	28
	835	+	29
	836	+	30
	837	+	31
	838	+	32
	839	+	33
	840	+	34
	841	+	35
	842	+	36
	843	+	37
	844	+	38
	845	+	39
	846	+	40
	847	+	41
	848	+	42
	849	+	43 HB 2436 11
	850	+	publication in the statute book.1