Kansas 2023-2024 Regular Session

Kansas Senate Bill SB211

Introduced
2/8/23  
Refer
2/9/23  

Caption

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

Impact

The introduction of SB 211 will have notable implications on state laws regarding capital punishment and sentencing. By eliminating the death penalty, the state moves away from a practice criticized by human rights groups and some segments of the public. The law stipulates that no person shall be sentenced to death for crimes committed after July 1, 2023, effectively ending the application of the death penalty in Kansas. This change seeks to ensure that the justice system recognizes the limitations and potential for wrongful convictions inherent in capital cases, thereby promoting a more rehabilitative approach to sentencing for capital offenses.

Summary

Senate Bill 211 proposes significant changes to the Kansas criminal code by abolishing the death penalty and replacing it with the crime of aggravated murder. The bill outlines that individuals convicted of aggravated murder will receive a sentence of life imprisonment without the possibility of parole. This new measure is intended to align Kansas with evolving perspectives on capital punishment, which many argue is a contentious and inhumane form of justice. Advocates for the bill argue that it represents a moral and ethical advancement in the legal system while acknowledging the failure of the death penalty in achieving its intended deterrent effect on crime.

Contention

While proponents laud SB 211 as a progressive step toward a more humane legal framework, opponents express concerns regarding the nature and severity of the new crime classification of aggravated murder. Critics argue that the bill may inadvertently downplay the gravity of particularly heinous crimes and call for more stringent penalties. Additionally, there is a fear that the lack of a death penalty may hinder justice for families of victims, as the finality of the punishment is seen as an essential element of closure in homicide cases. The discussions surrounding this bill are likely to remain contentious as various stakeholders weigh in on its potential ramifications.

Companion Bills

No companion bills found.

Similar Bills

KS HB2272

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

KS SB245

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

KS HB2349

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

KS SB414

Requiring certain persons on a third or subsequent conviction of driving under the influence to participate in a multidisciplinary model of services for substance use disorders, removing the requirement that municipal courts collect fingerprints from persons convicted of violating certain municipal ordinance provisions, amending the crime of aggravated endangering a child to increase the criminal penalties when bodily harm to the child results and when a child is in certain environments associated with fentanyl-related controlled substances, increasing the criminal penalties for unlawful distribution of fentanyl-related controlled substances, eliminating the element of concealment from the crime of breach of privacy related to installing or using a device to photograph or record another identifiable person under or through the clothing being worn by that other person or another identifiable person who is nude or in a state of undress, excluding certain types of incarceration time from being included in the allowance for time spent incarcerated when calculating a criminal defendant's sentence and updating the general terms of supervision for offenders on probation and postrelease supervision.

KS SB295

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

KS HB2741

Updating the general terms of supervision for offenders on probation and postrelease supervision.

KS HB2010

Senate Substitute for HB 2010 by Committee on Judiciary - Updating a statutory cross reference to provide proper jury instruction in cases when a defendant lacks the required mental state to commit a crime; increasing the penalty for certain violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm; enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms; providing that the service of postrelease supervision period shall not toll except as otherwise provided by law; and allowing certain nondrug offenders to participate in a certified drug abuse treatment program.

CA SB710

Crimes: parole, theft, and DNA collection.