SENATE BILL No. 174
AN ACT concerning crimes, punishment and criminal procedure; relating to crimes against
the public peace; increasing the criminal penalty for battery of a healthcare provider;
relating to crimes involving controlled substances; adding the placing of controlled
substances into pills into the definition of manufacture; excluding materials used to
detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid from the
definition of drug paraphernalia; increasing the criminal penalties for manufacturing
fentanyl-related controlled substances; creating a special sentencing rule for
manufacturing fentanyl-related controlled substances and for manufacturing or
distributing any controlled substances that are likely to be attractive to minors
because of their appearance or packaging; relating to crimes involving property;
adding domestic battery and violation of a protection order to the list of crimes a
person has intent to commit for the crimes of burglary and aggravated burglary;
relating to interference with law enforcement; increasing criminal penalties when the
violation involves fleeing from a law enforcement officer; authorizing the attorney
general to prosecute certain crimes that are part of an alleged course of criminal
conduct that occurred in two or more counties; amending K.S.A. 75-702 and K.S.A.
2022 Supp. 21-5413, 21-5701, 21-5703, 21-5807, 21-5904 and 21-6805 and
repealing the existing sections; also repealing K.S.A. 2022 Supp. 21-5701b.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 21-5413 is hereby amended to read
as follows: 21-5413. (a) Battery is:
(1) Knowingly or recklessly causing bodily harm to another
person; or
(2) knowingly causing physical contact with another person when
done in a rude, insulting or angry manner.
(b) Aggravated battery is:
(1) (A) Knowingly causing great bodily harm to another person or
disfigurement of another person;
(B) knowingly causing bodily harm to another person with a
deadly weapon, or in any manner whereby great bodily harm,
disfigurement or death can be inflicted; or
(C) knowingly causing physical contact with another person when
done in a rude, insulting or angry manner with a deadly weapon, or in
any manner whereby great bodily harm, disfigurement or death can be
inflicted;
(2) (A) recklessly causing great bodily harm to another person or
disfigurement of another person;
(B) recklessly causing bodily harm to another person with a
deadly weapon, or in any manner whereby great bodily harm,
disfigurement or death can be inflicted; or
(3) (A) committing an act described in K.S.A. 8-1567, and
amendments thereto, when great bodily harm to another person or
disfigurement of another person results from such act; or
(B) committing an act described in K.S.A. 8-1567, and
amendments thereto, when bodily harm to another person results from
such act under circumstances whereby great bodily harm, disfigurement
or death can result from such act; or
(4) committing an act described in K.S.A. 8-1567, and
amendments thereto, when great bodily harm to another person or
disfigurement of another person results from such act while:
(A) In violation of any restriction imposed on such person's
driving privileges pursuant to article 10 of chapter 8 of the Kansas
Statutes Annotated, and amendments thereto;
(B) such person's driving privileges are suspended or revoked
pursuant to article 10 of chapter 8 of the Kansas Statutes Annotated,
and amendments thereto; or
(C) such person has been deemed a habitual violator as defined in
K.S.A. 8-285, and amendments thereto, including at least one violation
of K.S.A. 8-1567, and amendments thereto, or violating an ordinance
of any city in this state, any resolution of any county in this state or any
law of another state, which ordinance, resolution or law declares to be SENATE BILL No. 174—page 2
unlawful the acts prohibited by that statute.
(c) Battery against a law enforcement officer is:
(1) Battery, as defined in subsection (a)(2), committed against a:
(A) Uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such
officer's duty;
(B) uniformed or properly identified state, county or city law
enforcement officer, other than a state correctional officer or employee,
a city or county correctional officer or employee or a juvenile detention
facility officer, or employee, while such officer is engaged in the
performance of such officer's duty;
(C) uniformed or properly identified federal law enforcement
officer while such officer is engaged in the performance of such
officer's duty;
(D) judge, while such judge is engaged in the performance of such
judge's duty;
(E) attorney, while such attorney is engaged in the performance of
such attorney's duty; or
(F) community corrections officer or court services officer, while
such officer is engaged in the performance of such officer's duty;
(2) battery, as defined in subsection (a)(1), committed against a:
(A) Uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such
officer's duty;
(B) uniformed or properly identified state, county or city law
enforcement officer, other than a state correctional officer or employee,
a city or county correctional officer or employee or a juvenile detention
facility officer, or employee, while such officer is engaged in the
performance of such officer's duty;
(C) uniformed or properly identified federal law enforcement
officer while such officer is engaged in the performance of such
officer's duty;
(D) judge, while such judge is engaged in the performance of such
judge's duty;
(E) attorney, while such attorney is engaged in the performance of
such attorney's duty; or
(F) community corrections officer or court services officer, while
such officer is engaged in the performance of such officer's duty; or
(3) battery, as defined in subsection (a) committed against a:
(A) State correctional officer or employee by a person in custody
of the secretary of corrections, while such officer or employee is
engaged in the performance of such officer's or employee's duty;
(B) state correctional officer or employee by a person confined in
such juvenile correctional facility, while such officer or employee is
engaged in the performance of such officer's or employee's duty;
(C) juvenile detention facility officer or employee by a person
confined in such juvenile detention facility, while such officer or
employee is engaged in the performance of such officer's or employee's
duty; or
(D) city or county correctional officer or employee by a person
confined in a city holding facility or county jail facility, while such
officer or employee is engaged in the performance of such officer's or
employee's duty.
(d) Aggravated battery against a law enforcement officer is:
(1) An Aggravated battery, as defined in subsection (b)(1)(A)
committed against a:
(A) Uniformed or properly identified state, county or city law
enforcement officer while the officer is engaged in the performance of
the officer's duty; SENATE BILL No. 174—page 3
(B) uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such
officer's duty;
(C) uniformed or properly identified federal law enforcement
officer while such officer is engaged in the performance of such
officer's duty;
(D) judge, while such judge is engaged in the performance of such
judge's duty;
(E) attorney, while such attorney is engaged in the performance of
such attorney's duty; or
(F) community corrections officer or court services officer, while
such officer is engaged in the performance of such officer's duty;
(2) an aggravated battery, as defined in subsection (b)(1)(B) or (b)
(1)(C), committed against a:
(A) Uniformed or properly identified state, county or city law
enforcement officer while the officer is engaged in the performance of
the officer's duty;
(B) uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such
officer's duty;
(C) uniformed or properly identified federal law enforcement
officer while such officer is engaged in the performance of such
officer's duty;
(D) judge, while such judge is engaged in the performance of such
judge's duty;
(E) attorney, while such attorney is engaged in the performance of
such attorney's duty; or
(F) community corrections officer or court services officer, while
such officer is engaged in the performance of such officer's duty; or
(3) knowingly causing, with a motor vehicle, bodily harm to a:
(A) Uniformed or properly identified state, county or city law
enforcement officer while the officer is engaged in the performance of
the officer's duty;
(B) uniformed or properly identified university or campus police
officer while such officer is engaged in the performance of such
officer's duty; or
(C) uniformed or properly identified federal law enforcement
officer while such officer is engaged in the performance of such
officer's duty.
(e) Battery against a school employee is a battery, as defined in
subsection (a), committed against a school employee in or on any
school property or grounds upon which is located a building or
structure used by a unified school district or an accredited nonpublic
school for student instruction or attendance or extracurricular activities
of pupils enrolled in kindergarten or any of the grades one through 12
or at any regularly scheduled school sponsored activity or event, while
such employee is engaged in the performance of such employee's duty.
(f) Battery against a mental health employee is a battery, as
defined in subsection (a), committed against a mental health employee
by a person in the custody of the secretary for aging and disability
services, while such employee is engaged in the performance of such
employee's duty.
(g) Battery against a healthcare provider is a battery as defined in
subsection (a) committed against a healthcare provider while such
provider is engaged in the performance of such provider's duty.
(h) (1) Battery is a class B person misdemeanor.
(2) Aggravated battery as defined in:
(A) Subsection (b)(1)(A) or (b)(4) is a severity level 4, person
felony; SENATE BILL No. 174—page 4
(B) subsection (b)(1)(B) or (b)(1)(C) is a severity level 7, person
felony;
(C) subsection (b)(2)(A) or (b)(3)(A) is a severity level 5, person
felony; and
(D) subsection (b)(2)(B) or (b)(3)(B) is a severity level 8, person
felony.
(3) Battery against a law enforcement officer as defined in:
(A) Subsection (c)(1) is a class A person misdemeanor;
(B) subsection (c)(2) is a severity level 7, person felony; and
(C) subsection (c)(3) is a severity level 5, person felony.
(4) Aggravated battery against a law enforcement officer as
defined in:
(A) Subsection (d)(1) or (d)(3) is a severity level 3, person felony;
and
(B) subsection (d)(2) is a severity level 4, person felony.
(5) Battery against a school employee is a class A person
misdemeanor.
(6) Battery against a mental health employee is a severity level 7,
person felony.
(7) Battery against a healthcare provider is a class A person
misdemeanor.
(h)(i) As used in this section:
(1) "Correctional institution" means any institution or facility
under the supervision and control of the secretary of corrections;
(2) "state correctional officer or employee" means any officer or
employee of the Kansas department of corrections or any independent
contractor, or any employee of such contractor, whose duties include
working at a correctional institution;
(3) "juvenile detention facility officer or employee" means any
officer or employee of a juvenile detention facility as defined in K.S.A.
38-2302, and amendments thereto;
(4) "city or county correctional officer or employee" means any
correctional officer or employee of the city or county or any
independent contractor, or any employee of such contractor, whose
duties include working at a city holding facility or county jail facility;
(5) "school employee" means any employee of a unified school
district or an accredited nonpublic school for student instruction or
attendance or extracurricular activities of pupils enrolled in
kindergarten or any of the grades one through 12;
(6) "mental health employee" means: (A) An employee of the
Kansas department for aging and disability services working at Larned
state hospital, Osawatomie state hospital, Kansas neurological institute
and Parsons state hospital and training center and the treatment staff as
defined in K.S.A. 59-29a02, and amendments thereto; and (B)
contractors and employees of contractors under contract to provide
services to the Kansas department for aging and disability services
working at any such institution or facility;
(7) "judge" means a duly elected or appointed justice of the
supreme court, judge of the court of appeals, judge of any district court
of Kansas, district magistrate judge or municipal court judge;
(8) "attorney" means a: (A) County attorney, assistant county
attorney, special assistant county attorney, district attorney, assistant
district attorney, special assistant district attorney, attorney general,
assistant attorney general or special assistant attorney general; and (B)
public defender, assistant public defender, contract counsel for the state
board of indigents' defense services or an attorney who is appointed by
the court to perform services for an indigent person as provided by
article 45 of chapter 22 of the Kansas Statutes Annotated, and
amendments thereto; SENATE BILL No. 174—page 5
(9) "community corrections officer" means an employee of a
community correctional services program responsible for supervision
of adults or juveniles as assigned by the court to community corrections
supervision and any other employee of a community correctional
services program that provides enhanced supervision of offenders such
as house arrest and surveillance programs;
(10) "court services officer" means an employee of the Kansas
judicial branch or local judicial district responsible for supervising,
monitoring or writing reports relating to adults or juveniles as assigned
by the court, or performing related duties as assigned by the court; and
(11) "federal law enforcement officer" means a law enforcement
officer employed by the United States federal government who, as part
of such officer's duties, is permitted to make arrests and to be armed;
and
(12) "healthcare provider" means an individual who is licensed,
registered, certified or otherwise authorized by the state of Kansas to
provide healthcare services in this state.
Sec. 2. K.S.A. 2022 Supp. 21-5701 is hereby amended to read as
follows: 21-5701. As used in K.S.A. 2022 Supp. 21-5701 through 21-
5717, and amendments thereto:
(a) "Controlled substance" means any drug, substance or
immediate precursor included in any of the schedules designated in
K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and
amendments thereto.
(b) (1) "Controlled substance analog" means a substance that is
intended for human consumption, and at least one of the following:
(A) The chemical structure of the substance is substantially similar
to the chemical structure of a controlled substance listed in or added to
the schedules designated in K.S.A. 65-4105 or 65-4107, and
amendments thereto;
(B) the substance has a stimulant, depressant or hallucinogenic
effect on the central nervous system substantially similar to the
stimulant, depressant or hallucinogenic effect on the central nervous
system of a controlled substance included in the schedules designated
in K.S.A. 65-4105 or 65-4107, and amendments thereto; or
(C) with respect to a particular individual, such individual
represents or intends the substance to have a stimulant, depressant or
hallucinogenic effect on the central nervous system substantially
similar to the stimulant, depressant or hallucinogenic effect on the
central nervous system of a controlled substance included in the
schedules designated in K.S.A. 65-4105 or 65-4107, and amendments
thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug
application; or
(C) a substance with respect to which an exemption is in effect for
investigational use by a particular person under section 505 of the
federal food, drug, and cosmetic act, 21 U.S.C. § 355, to the extent
conduct with respect to the substance is permitted by the exemption.
(c) "Cultivate" means the planting or promotion of growth of five
or more plants that contain or can produce controlled substances.
(d) "Distribute" means the actual, constructive or attempted
transfer from one person to another of some item whether or not there
is an agency relationship. "Distribute" includes, but is not limited to,
sale, offer for sale or any act that causes some item to be transferred
from one person to another. "Distribute" does not include acts of
administering, dispensing or prescribing a controlled substance as
authorized by the pharmacy act of the state of Kansas, the uniform SENATE BILL No. 174—page 6
controlled substances act or otherwise authorized by law.
(e) (1) "Drug" means:
(A) Substances recognized as drugs in the official United States
pharmacopeia, official homeopathic pharmacopoeia of the United
States or official national formulary or any supplement to any of them;
(B) substances intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in humans or animals;
(C) substances, other than food, intended to affect the structure or
any function of the body of humans or animals; and
(D) substances intended for use as a component of any article
specified in subparagraph (A), (B) or (C).
(2) "Drug" does not include devices or their components, parts or
accessories.
(f) (1) "Drug paraphernalia" means all equipment and materials of
any kind that are used, or primarily intended or designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human
body a controlled substance and in violation of this act.
(2) "Drug paraphernalia" shall include includes, but is not limited
to:
(1)(A) Kits used or intended for use in planting, propagating,
cultivating, growing or harvesting any species of plant that is a
controlled substance or from which a controlled substance can be
derived;
(2)(B) kits used or intended for use in manufacturing,
compounding, converting, producing, processing or preparing
controlled substances;
(3)(C) isomerization devices used or intended for use in increasing
the potency of any species of plant that is a controlled substance;
(4)(D) testing equipment used or intended for use in identifying or
in analyzing the strength, effectiveness or purity of controlled
substances;
(5)(E) scales and balances used or intended for use in weighing or
measuring controlled substances;
(6)(F) diluents and adulterants, including, but not limited to,
quinine hydrochloride, mannitol, mannite, dextrose and lactose that are
used or intended for use in cutting controlled substances;
(7)(G) separation gins and sifters used or intended for use in
removing twigs and seeds from or otherwise cleaning or refining
marijuana;
(8)(H) blenders, bowls, containers, spoons and mixing devices
used or intended for use in compounding controlled substances;
(9)(I) capsules, balloons, envelopes, bags and other containers
used or intended for use in packaging small quantities of controlled
substances;
(10)(J) containers and other objects used or intended for use in
storing or concealing controlled substances;
(11)(K) hypodermic syringes, needles and other objects used or
intended for use in parenterally injecting controlled substances into the
human body;
(12)(L) objects used or primarily intended or designed for use in
ingesting, inhaling or otherwise introducing marijuana, cocaine,
hashish, hashish oil, phencyclidine (PCP), methamphetamine or
amphetamine into the human body, such as:
(A)(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic
pipes with or without screens, permanent screens, hashish heads or
punctured metal bowls; SENATE BILL No. 174—page 7
(B)(ii) water pipes, bongs or smoking pipes designed to draw
smoke through water or another cooling device;
(C)(iii) carburetion pipes, glass or other heat resistant heat-
resistant tubes or any other device used, intended to be used or
designed to be used to cause vaporization of a controlled substance for
inhalation;
(D)(iv) smoking and carburetion masks;
(E)(v) roach clips, objects used to hold burning material, such as a
marijuana cigarette, that has become too small or too short to be held in
the hand;
(F)(vi) miniature cocaine spoons and cocaine vials;
(G)(vii) chamber smoking pipes;
(H)(viii) carburetor smoking pipes;
(I)(ix) electric smoking pipes;
(J)(x) air-driven smoking pipes;
(K)(xi) chillums;
(L)(xii) bongs;
(M)(xiii) ice pipes or chillers;
(N)(xiv) any smoking pipe manufactured to disguise its intended
purpose;
(O)(xv) wired cigarette papers; or
(P)(xvi) cocaine freebase kits.
(3) "Drug paraphernalia" shall does not include:
(A) Any products, chemicals or materials described in K.S.A.
2022 Supp. 21-5709(a), and amendments thereto; or
(B) any materials used or intended for use to test a substance for
the presence of fentanyl, a fentanyl analog, ketamine or gamma
hydroxybutyric acid.
(g) "Fentanyl-related controlled substance" means any substance
designated in K.S.A. 65-4105(b)(1), (b)(2), (b)(4), (b)(10), (b)(11), (b)
(14), (b)(15), (b)(16), (b)(20), (b)(22), (b)(23), (b)(24), (b)(37), (b)(41),
(b)(45), (b)(46), (b)(47), (b)(49), (b)(57), (b)(58), (b)(59), (b)(60), (b)
(61), (b)(62), (b)(73), (b)(74), (b)(78), (g)(1) or (g)(2) or 65-4107(c)
(1), (c)(6), (c)(9), (c)(26), (c)(28), (c)(30), (f)(3)(A) or (f)(3)(B), and
amendments thereto, or any analog thereof.
(h) "Immediate precursor" means a substance that the state board
of pharmacy has found to be and by rules and regulations designates as
being the principal compound commonly used or produced primarily
for use and that is an immediate chemical intermediary used or likely to
be used in the manufacture of a controlled substance, the control of
which is necessary to prevent, curtail or limit manufacture.
(h)(i) "Isomer" means all enantiomers and diastereomers.
(i)(j) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of or placing into
pill or capsule form a controlled substance either directly or indirectly
or by extraction from substances of natural origin or independently by
means of chemical synthesis or by a combination of extraction and
chemical synthesis. "Manufacture" does not include:
(1) The preparation or compounding of a controlled substance by
an individual for the individual's own lawful use or the preparation,
compounding, packaging or labeling of a controlled substance:
(A) By a practitioner or the practitioner's agent pursuant to a
lawful order of a practitioner as an incident to the practitioner's
administering or dispensing of a controlled substance in the course of
the practitioner's professional practice; or
(B) by a practitioner or by the practitioner's authorized agent
under such practitioner's supervision for the purpose of or as an
incident to research, teaching or chemical analysis or by a pharmacist
or medical care facility as an incident to dispensing of a controlled SENATE BILL No. 174—page 8
substance; or
(2) the addition of diluents or adulterants, including, but not
limited to, quinine hydrochloride, mannitol, mannite, dextrose or
lactose that are intended for use in cutting a controlled substance.
(j)(k) "Marijuana" means all parts of all varieties of the plant
Cannabis whether growing or not, the seeds thereof, the resin extracted
from any part of the plant and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin.
"Marijuana" does not include:
(1) The mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature
stalks, except the resin extracted therefrom, fiber, oil or cake or the
sterilized seed of the plant that is incapable of germination;
(2) any substance listed in schedules II through V of the uniform
controlled substances act;
(3) drug products approved by the United States food and drug
administration as of the effective date of this act;
(4) cannabidiol (other trade name: 2-[(3-methyl-6-(1-
methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(5) industrial hemp as defined in K.S.A. 2-3901, and amendments
thereto, when cultivated, produced, possessed or used for activities
authorized by the commercial industrial hemp act.
(k)(l) "Minor" means a person under 18 years of age.
(l)(m) "Narcotic drug" means any of the following whether
produced directly or indirectly by extraction from substances of
vegetable origin or independently by means of chemical synthesis or by
a combination of extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, derivative or
preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereof
that is chemically equivalent or identical with any of the substances
referred to in paragraph (1) but not including the isoquinoline alkaloids
of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation
of coca leaves and any salt, compound, isomer, derivative or
preparation thereof that is chemically equivalent or identical with any
of these substances, but not including decocainized coca leaves or
extractions of coca leaves that do not contain cocaine or ecgonine.
(m)(n) "Opiate" means any substance having an addiction-forming
or addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-
sustaining liability. "Opiate" does not include, unless specifically
designated as controlled under K.S.A. 65-4102, and amendments
thereto, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan
and its salts (dextromethorphan). "Opiate" does include its racemic and
levorotatory forms.
(n)(o) "Opium poppy" means the plant of the species Papaver
somniferum l. except its seeds.
(o)(p) "Person" means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership, association or any other legal entity.
(p)(q) "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
(q) "Possession" means having joint or exclusive control over an
item with knowledge of and intent to have such control or knowingly
keeping some item in a place where the person has some measure of
access and right of control. SENATE BILL No. 174—page 9
(r) "School property" means property upon which is located a
structure used by a unified school district or an accredited nonpublic
school for student instruction or attendance or extracurricular activities
of pupils enrolled in kindergarten or any of the grades one through 12.
This definition shall not be construed as requiring that school be in
session or that classes are actually being held at the time of the offense
or that children must be present within the structure or on the property
during the time of any alleged criminal act. If the structure or property
meets the above definition, the actual use of that structure or property at
the time alleged shall not be a defense to the crime charged or the
sentence imposed.
(s) "Simulated controlled substance" means any product that
identifies itself by a common name or slang term associated with a
controlled substance and that indicates on its label or accompanying
promotional material that the product simulates the effect of a
controlled substance.
Sec. 3. K.S.A. 2022 Supp. 21-5703 is hereby amended to read as
follows: 21-5703. (a) It shall be unlawful for any person to manufacture
any controlled substance or controlled substance analog.
(b) Violation or attempted violation of subsection (a) is a:
(1) Drug severity level 2 felony, except as provided in subsections
(b)(2) and (b)(3);
(2) drug severity level 1 felony if:
(A) The controlled substance is not methamphetamine, as defined
by subsection (d)(3) or (f)(1) of K.S.A. 65-4107(d)(3) or (f)(1), and
amendments thereto, or an analog thereof; and
(B) the controlled substance is not a fentanyl-related controlled
substance; and
(C) the offender has a prior conviction for unlawful manufacturing
of a controlled substance under this section, K.S.A. 65-4159, prior to its
repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or a
substantially similar offense from another jurisdiction and the
substance was not methamphetamine, as defined by subsection (d)(3)
or (f)(1) of K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or
an analog thereof, in any such prior conviction; and
(3) drug severity level 1 felony if the controlled substance is
methamphetamine, as defined by subsection (d)(3) or (f)(1) of K.S.A.
65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof,
or is a fentanyl-related controlled substance.
(c) The provisions of subsection (d) of K.S.A. 2022 Supp. 21-
5301(d), and amendments thereto, shall not apply to a violation of
attempting to unlawfully manufacture any controlled substance or
controlled substance analog pursuant to this section.
(d) For persons arrested and charged under this section, bail shall
be at least $50,000 cash or surety, and such person shall not be released
upon the person's own recognizance pursuant to K.S.A. 22-2802, and
amendments thereto, unless the court determines, on the record, that the
defendant is not likely to re-offend, the court imposes pretrial
supervision, or the defendant agrees to participate in a licensed or
certified drug treatment program.
(e) The sentence of a person who violates this section shall not be
subject to statutory provisions for suspended sentence, community
service work or probation.
(f) The sentence of a person who violates this section, K.S.A. 65-
4159, prior to its repeal or K.S.A. 2010 Supp. 21-36a03, prior to its
transfer, shall not be reduced because these sections prohibit conduct
identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to their
repeal, K.S.A. 2010 Supp. 21-36a05, prior to its transfer, or K.S.A.
2022 Supp. 21-5705, and amendments thereto. SENATE BILL No. 174—page 10
Sec. 4. K.S.A. 2022 Supp. 21-5807 is hereby amended to read as
follows: 21-5807. (a) Burglary is, without authority, entering into or
remaining within any:
(1) (A) Dwelling, with intent to commit a felony, theft, domestic
battery, violation of a protection order or sexually motivated crime
therein; or
(B) locked or secured portion of any dwelling, with intent to
commit a felony, theft, domestic battery, violation of a protection order
or sexually motivated crime therein;
(2) (A) building, manufactured home, mobile home, tent or other
structure which is not a dwelling, with intent to commit a felony, theft,
domestic battery, violation of a protection order or sexually motivated
crime therein; or
(B) locked or secured portion of any building, manufactured
home, mobile home, tent or other structure which is not a dwelling,
with intent to commit a felony, theft, domestic battery, violation of a
protection order or sexually motivated crime therein; or
(3) vehicle, aircraft, watercraft, railroad car or other means of
conveyance of persons or property, with intent to commit a felony,
theft, domestic battery, violation of a protection order or sexually
motivated crime therein.
(b) Aggravated burglary is, without authority, entering into or
remaining within any:
(1) (A) Dwelling in which there is a human being, with intent to
commit a felony, theft, domestic battery, violation of a protection order
or sexually motivated crime therein; or
(B) locked or secured portion of any dwelling in which there is a
human being, with intent to commit a felony, theft, domestic battery,
violation of a protection order or sexually motivated crime therein;
(2) (A) building, manufactured home, mobile home, tent or other
structure which is not a dwelling in which there is a human being, with
intent to commit a felony, theft, domestic battery, violation of a
protection order or sexually motivated crime therein; or
(B) locked or secured portion of any building, manufactured
home, mobile home, tent or other structure which is not a dwelling in
which there is a human being, with intent to commit a felony, theft,
domestic battery, violation of a protection order or sexually motivated
crime therein; or
(3) vehicle, aircraft, watercraft, railroad car or other means of
conveyance of persons or property in which there is a human being,
with intent to commit a felony, theft, domestic battery, violation of a
protection order or sexually motivated crime therein.
(c) (1) Burglary as defined in:
(A) (i) Subsection (a)(1) is a severity level 7, person felony, except
as provided in subsection (c)(1)(B);
(ii) subsection (a)(2) is a severity level 7, nonperson felony, except
as provided in subsection (c)(1)(B); and
(iii) subsection (a)(3) is a severity level 9, nonperson felony,
except as provided in subsection (c)(1)(B); and
(B) (i) subsection (a)(1), with intent to commit the theft of a
firearm, is a severity level 5, person felony; and
(ii) subsection (a)(2) or (a)(3), with intent to commit the theft of a
firearm, is a severity level 5, nonperson felony.
(2) Aggravated burglary as defined in:
(A) Subsection (b)(1) is a severity level 4, person felony; and
(B) subsection (b)(2) or (b)(3) is a severity level 5, person felony.
(d) As used in this section, "sexually motivated" means that one of
the purposes for which the defendant committed the crime was for the
purpose of the defendant's sexual gratification. SENATE BILL No. 174—page 11
(e) This section shall not apply to any person entering into or
remaining in a retail or commercial premises at any time that it is open
to the public after having received a personal communication from the
owner or manager of such premises not to enter such premises pursuant
to K.S.A. 2022 Supp. 21-5808, and amendments thereto, except when
such person is entering into or remaining in such premises with the
intent to commit a person felony or sexually motivated crime therein.
Sec. 5. K.S.A. 2022 Supp. 21-5904 is hereby amended to read as
follows: 21-5904. (a) Interference with law enforcement is:
(1) Falsely reporting to a law enforcement officer, law
enforcement agency or state investigative agency:
(A) That a particular person has committed a crime, knowing that
such information is false and intending that the officer or agency shall
act in reliance upon such information;
(B) that a law enforcement officer has committed a crime or
committed misconduct in the performance of such officer's duties,
knowing that such information is false and intending that the officer or
agency shall act in reliance upon such information;
(C) any information, knowing that such information is false and
intending to influence, impede or obstruct such officer's or agency's
duty; or
(D) any information concerning the death, disappearance or
potential death or disappearance of a child under the age of 13,
knowing that such information is false and intending that the officer or
agency shall act in reliance upon such information;
(2) concealing, destroying or materially altering evidence with the
intent to prevent or hinder the apprehension or prosecution of any
person; or
(3) knowingly obstructing, resisting or opposing any person
authorized by law to serve process in the service or execution or in the
attempt to serve or execute any writ, warrant, process or order of a
court, or in the discharge of any official duty; or
(4) knowingly fleeing from a law enforcement officer, other than
fleeing by operation of a motor vehicle, when the law enforcement
officer has:
(A) Reason to stop the person under K.S.A. 22-2402, and
amendments thereto; and
(B) given the person visual or audible signal to stop.
(b) Interference with law enforcement as defined in:
(1) Subsection (a)(1)(A) and (a)(1)(B) is a:
(A) Class A nonperson misdemeanor, except as provided in
subsection (b)(1)(B); and
(B) severity level 8, nonperson felony in the case of a felony;
(2) subsection (a)(1)(C) is a:
(A) Class A nonperson misdemeanor, except as provided in
subsection (b)(2)(B); and
(B) severity level 9, nonperson felony in the case of a felony;
(3) subsection (a)(1)(D) is a severity level 8, nonperson felony;
(4) subsection (a)(2) is a:
(A) Class A nonperson misdemeanor, except as provided in
subsection (b)(4)(B); and
(B) severity level 8, nonperson felony in the case of a felony; and
(5) subsection (a)(3) is a:
(A) Severity level 9, nonperson felony in the case of a felony, or
resulting from parole or any authorized disposition for a felony; and
(B) class A nonperson misdemeanor in the case of a misdemeanor,
or resulting from any authorized disposition for a misdemeanor, or a
civil case; and
(6) subsection (a)(4) is a: SENATE BILL No. 174—page 12
(A) Class A nonperson misdemeanor in the case of a
misdemeanor, or resulting from any authorized disposition for a
misdemeanor, or a civil case;
(B) severity level 7, nonperson felony in the case of a felony, or
resulting from parole or any authorized disposition for a felony; and
(C) severity level 5, nonperson felony if the offender discharged or
used a firearm while fleeing.
Sec. 6. K.S.A. 2022 Supp. 21-6805 is hereby amended to read as
follows: 21-6805. (a) The provisions of this section shall be applicable
to the sentencing guidelines grid for drug crimes. The following
sentencing guidelines grid for drug crimes shall be applicable to felony
crimes under K.S.A. 2022 Supp. 21-5701 through 21-5717, and
amendments thereto, except as otherwise provided by law: SENATE BILL No. 174—page 13 SENATE BILL No. 174—page 14
(b) Sentences expressed in the sentencing guidelines grid for drug
crimes in subsection (a) represent months of imprisonment.
(c) (1) The sentencing court has discretion to sentence at any place
within the sentencing range. In the usual case it is recommended that
the sentencing judge select the center of the range and reserve the upper
and lower limits for aggravating and mitigating factors insufficient to
warrant a departure. The sentencing court shall not distinguish between
the controlled substances cocaine base (9041L000) and cocaine
hydrochloride (9041L005) when sentencing within the sentencing
range of the grid block.
(2) In presumptive imprisonment cases, the sentencing court shall
pronounce the complete sentence which shall include the:
(A) Prison sentence;
(B) maximum potential reduction to such sentence as a result of
good time; and
(C) period of postrelease supervision at the sentencing hearing.
Failure to pronounce the period of postrelease supervision shall not
negate the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall
pronounce the prison sentence as well as the duration of the nonprison
sanction at the sentencing hearing.
(d) Each grid block states the presumptive sentencing range for an
offender whose crime of conviction and criminal history place such
offender in that grid block. If an offense is classified in a grid block
below the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the
dispositional line, the presumptive disposition shall be imprisonment. If
an offense is classified in grid blocks 4-E, 4-F, 4-G, 4-H, 4-I, 5-C or 5-
D, the court may impose an optional nonprison sentence as provided in
subsection (q) of K.S.A. 2022 Supp. 21-6804(q), and amendments
thereto.
(e) The sentence for a second or subsequent conviction for
unlawful manufacturing of a controlled substance, K.S.A. 65-4159,
prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer,
K.S.A. 2022 Supp. 21-5703, and amendments thereto, or a substantially
similar offense from another jurisdiction, if the controlled substance in
any prior conviction was methamphetamine, as defined by subsection
(d)(3) or (f)(1) of K.S.A. 65-4107(d)(3) or (f)(1), and amendments
thereto, or an analog thereof, shall be a presumptive term of
imprisonment of two times the maximum duration of the presumptive
term of imprisonment. The court may impose an optional reduction in
such sentence of not to exceed 50% of the mandatory increase provided
by this subsection upon making a finding on the record that one or
more of the mitigating factors as specified in K.S.A. 2022 Supp. 21-
6815, and amendments thereto, justify such a reduction in sentence.
Any decision made by the court regarding the reduction in such
sentence shall not be considered a departure and shall not be subject to
appeal.
(f) (1) The sentence for a third or subsequent felony conviction of
K.S.A. 65-4160 or 65-4162, prior to their repeal, K.S.A. 2010 Supp.
21-36a06, prior to its transfer, or K.S.A. 2022 Supp. 21-5706, and
amendments thereto, shall be a presumptive term of imprisonment and
the defendant shall be sentenced to prison as provided by this section.
The defendant's term of imprisonment shall be served in the custody of
the secretary of corrections in a facility designated by the secretary.
Subject to appropriations therefore, the defendant shall participate in an
intensive substance abuse treatment program, of at least four months
duration, selected by the secretary of corrections. If the secretary
determines that substance abuse treatment resources are otherwise SENATE BILL No. 174—page 15
available, such term of imprisonment may be served in a facility
designated by the secretary of corrections in the custody of the
secretary of corrections to participate in an intensive substance abuse
treatment program. The secretary's determination regarding the
availability of treatment resources shall not be subject to review. Upon
the successful completion of such intensive treatment program, the
offender shall be returned to the court and the court may modify the
sentence by directing that a less severe penalty be imposed in lieu of
that originally adjudged. If the offender's term of imprisonment expires,
the offender shall be placed under the applicable period of postrelease
supervision.
(2) Such defendant's term of imprisonment shall not be subject to
modification under paragraph (1) if:
(A) The defendant has previously completed a certified drug abuse
treatment program, as provided in K.S.A. 75-52,144, and amendments
thereto;
(B) has been discharged or refused to participate in a certified
drug abuse treatment program, as provided in K.S.A. 75-52,144, and
amendments thereto;
(C) has completed an intensive substance abuse treatment program
under paragraph (1); or
(D) has been discharged or refused to participate in an intensive
substance abuse treatment program under paragraph (1).
The sentence under this subsection shall not be considered a
departure and shall not be subject to appeal.
(g) (1) Except as provided further, if the trier of fact makes a
finding that an offender carried a firearm to commit a drug felony, or in
furtherance of a drug felony, possessed a firearm, in addition to the
sentence imposed pursuant to K.S.A. 2022 Supp. 21-6801 through 21-
6824, and amendments thereto, the offender shall be sentenced to:
(A) Except as provided in subsection (g)(1)(B), an additional 6
months' imprisonment; and
(B) if the trier of fact makes a finding that the firearm was
discharged, an additional 18 months' imprisonment.
(2) The sentence imposed pursuant to subsection (g)(1) shall be
presumptive imprisonment. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(3) The provisions of this subsection shall not apply to violations
of K.S.A. 2022 Supp. 21-5706 or 21-5713, and amendments thereto.
(h) The sentence for a violation of K.S.A. 2022 Supp. 21-5703,
and amendments thereto, with respect to material containing any
quantity of a fentanyl-related controlled substance shall be presumed
imprisonment and shall be two times the maximum duration of the
presumptive term of imprisonment. Such sentence shall not be
considered a departure and shall not be subject to appeal.
(i) The sentence for a violation of K.S.A. 2022 Supp. 21-5703 or
21-5705, and amendments thereto, shall be presumed imprisonment
and shall be two times the maximum duration of the presumptive term
of imprisonment if the trier of fact makes a finding beyond a
reasonable doubt that the controlled substance involved, because of its
appearance or packaging, was likely to be attractive to minors. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
Sec. 7. K.S.A. 75-702 is hereby amended to read as follows: 75-
702. (a) The attorney general shall appear for the state, and prosecute
and defend any and all actions and proceedings, civil or criminal, in the
Kansas supreme court, the Kansas court of appeals and in all federal
courts, in which the state shall be interested or a party, and shall, when
so appearing, control the state's prosecution or defense. SENATE BILL No. 174—page 16
(b) The attorney general shall also, when required by the governor
or either branch of the legislature, appear for the state and prosecute or
defend, in any other court or before any officer, in any cause or matter,
civil or criminal, in which this state may be a party or interested or
when the constitutionality of any law of this state is at issue and when
so directed shall seek final resolution of such issue in the supreme court
of the state of Kansas.
(c) (1) The attorney general shall have authority to prosecute any
matter related to a violation of K.S.A. 12-189 or 75-5133, and
amendment amendments thereto, related to unlawful acts when the
offender is an officer or employee of a city or county.
(2) Notwithstanding any provision of law to the contrary, the
attorney general shall have concurrent authority with any county or
district attorney to prosecute theft as defined in K.S.A. 2022 Supp. 21-
5801, and amendments thereto, a violation of the Kansas racketeer
influenced and corrupt organizations act, K.S.A. 2022 Supp. 21-6327 et
seq., and amendments thereto, or an attempt, conspiracy or criminal
solicitation as defined in K.S.A. 2022 Supp. 21-5301, 21-5302 or 21-
5303, and amendments thereto, of such crimes that is part of an alleged
course of criminal conduct that occurred in two or more counties.
Sec. 8. K.S.A. 75-702 and K.S.A. 2022 Supp. 21-5413, 21-5701,
21-5701b, 21-5703, 21-5807, 21-5904 and 21-6805 are hereby
repealed.
Sec. 9. 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
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.