Session of 2023
SENATE BILL No. 216
By Committee on Judiciary
2-8
AN ACT concerning crimes, punishment and criminal procedure; relating
to crimes against the public safety; adding possessing or using a
firearm during the commission of certain drug crimes to the crime of
criminal use of weapons; creating a special sentencing rule of
presumptive imprisonment for violations thereof; amending K.S.A.
2022 Supp. 21-6301 and 21-6804 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 21-6301 is hereby amended to read as
follows: 21-6301. (a) Criminal use of weapons is knowingly:
(1) Selling, manufacturing, purchasing or possessing any bludgeon,
sand club or metal knuckles;
(2) possessing with intent to use the same unlawfully against another,
a dagger, dirk, billy, blackjack, slungshot, dangerous knife, straight-edged
razor, throwing star, stiletto or any other dangerous or deadly weapon or
instrument of like character;
(3) setting a spring gun;
(4) possessing any device or attachment of any kind designed, used or
intended for use in suppressing the report of any firearm;
(5) selling, manufacturing, purchasing or possessing a shotgun with a
barrel less than 18 inches in length, or any firearm designed to discharge or
capable of discharging automatically more than once by a single function
of the trigger, whether the person knows or has reason to know the length
of the barrel or that the firearm is designed or capable of discharging
automatically;
(6) possessing, manufacturing, causing to be manufactured, selling,
offering for sale, lending, purchasing or giving away any cartridge which
can be fired by a handgun and which has a plastic-coated bullet that has a
core of less than 60% lead by weight, whether the person knows or has
reason to know that the plastic-coated bullet has a core of less than 60%
lead by weight;
(7) selling, giving or otherwise transferring any firearm with a barrel
less than 12 inches long to any person under 18 years of age whether the
person knows or has reason to know the length of the barrel;
(8) selling, giving or otherwise transferring any firearms to any
person who is both addicted to and an unlawful user of a controlled
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substance;
(9) selling, giving or otherwise transferring any firearm to any person
who is or has been a mentally ill person subject to involuntary
commitment for care and treatment, as defined in K.S.A. 59-2946, and
amendments thereto, or a person with an alcohol or substance abuse
problem subject to involuntary commitment for care and treatment as
defined in K.S.A. 59-29b46, and amendments thereto;
(10) possessing any firearm by a person who is both addicted to and
an unlawful user of a controlled substance;
(11) possessing any firearm by any person, other than a law
enforcement officer, 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 whether the person knows or has reason to know that such
person was in or on any such property or grounds;
(12) refusing to surrender or immediately remove from school
property or grounds or at any regularly scheduled school sponsored
activity or event any firearm in the possession of any person, other than a
law enforcement officer, when so requested or directed by any duly
authorized school employee or any law enforcement officer;
(13) possessing any firearm by a person who is or has been a
mentally ill person subject to involuntary commitment for care and
treatment, as defined in K.S.A. 59-2946, and amendments thereto, or
persons with an alcohol or substance abuse problem subject to involuntary
commitment for care and treatment as defined in K.S.A. 59-29b46, and
amendments thereto;
(14) possessing a firearm with a barrel less than 12 inches long by
any person less than 18 years of age;
(15) possessing any firearm while a fugitive from justice;
(16) possessing any firearm by a person who is an alien illegally or
unlawfully in the United States;
(17) possessing any firearm by a person while such person is subject
to a court order that:
(A) Was issued after a hearing, of which such person received actual
notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking or threatening an
intimate partner of such person or a child of such person or such intimate
partner, or engaging in other conduct that would place an intimate partner
in reasonable fear of bodily injury to the partner or the child; and
(C) (i) includes a finding that such person represents a credible threat
to the physical safety of such intimate partner or child; or
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(ii) by its terms explicitly prohibits the use, attempted use or
threatened use of physical force against such intimate partner or child that
would reasonably be expected to cause bodily injury; or
(18) possessing any firearm by a person who, within the preceding
five years, has been convicted of a misdemeanor for a domestic violence
offense, or a misdemeanor under a law of another jurisdiction which is
substantially the same as such misdemeanor offense; or
(19) possessing or using any firearm during the commission or in
furtherance of a felony violation of:
(A) Unlawful manufacturing of controlled substances as defined in
K.S.A. 2022 Supp. 21-5703, and amendments thereto; or
(B) unlawful cultivation or distribution of controlled substances as
defined in K.S.A. 2022 Supp. 21-5705, and amendments thereto.
(b) Criminal use of weapons as defined in:
(1) Subsection (a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9) or (a)(12) is a
class A nonperson misdemeanor;
(2) subsection (a)(4), (a)(5) or (a)(6) is a severity level 9, nonperson
felony;
(3) subsection (a)(10) or (a)(11) is a class B nonperson select
misdemeanor;
(4) subsection (a)(13), (a)(15), (a)(16), (a)(17) or (a)(18) is a severity
level 8, nonperson felony; and
(5) subsection (a)(14) is a:
(A) Class A nonperson misdemeanor except as provided in subsection
(b)(5)(B); and
(B) severity level 8, nonperson felony upon a second or subsequent
conviction; and
(6) subsection (a)(19) is a:
(A) Severity level 7, nonperson felony except as provided in
subsection (b)(6)(B); and
(B) severity level 6, person felony when the firearm is discharged
during commission of the offense.
(c) Subsections (a)(1), (a)(2) and (a)(5) shall not apply to:
(1) Law enforcement officers, or any person summoned by any such
officers to assist in making arrests or preserving the peace while actually
engaged in assisting such officer;
(2) wardens, superintendents, directors, security personnel and
keepers of prisons, penitentiaries, jails and other institutions for the
detention of persons accused or convicted of crime, while acting within the
scope of their authority;
(3) members of the armed services or reserve forces of the United
States or the Kansas national guard while in the performance of their
official duty; or
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(4) the manufacture of, transportation to, or sale of weapons to a
person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess
such weapons.
(d) Subsections (a)(4) and (a)(5) shall not apply to any person who
sells, purchases, possesses or carries a firearm, device or attachment which
has been rendered unserviceable by steel weld in the chamber and
marriage weld of the barrel to the receiver and which has been registered
in the national firearms registration and transfer record in compliance with
26 U.S.C. § 5841 et seq. in the name of such person and, if such person
transfers such firearm, device or attachment to another person, has been so
registered in the transferee's name by the transferor.
(e) Subsection (a)(6) shall not apply to a governmental laboratory or
solid plastic bullets.
(f) Subsection (a)(4) shall not apply to a law enforcement officer who
is:
(1) Assigned by the head of such officer's law enforcement agency to
a tactical unit which receives specialized, regular training;
(2) designated by the head of such officer's law enforcement agency
to possess devices described in subsection (a)(4); and
(3) in possession of commercially manufactured devices which are:
(A) Owned by the law enforcement agency;
(B) in such officer's possession only during specific operations; and
(C) approved by the bureau of alcohol, tobacco, firearms and
explosives of the United States department of justice.
(g) Subsections (a)(4), (a)(5) and (a)(6) shall not apply to any person
employed by a laboratory which is certified by the United States
department of justice, national institute of justice, while actually engaged
in the duties of their employment and on the premises of such certified
laboratory. Subsections (a)(4), (a)(5) and (a)(6) shall not affect the
manufacture of, transportation to or sale of weapons to such certified
laboratory.
(h) Subsections (a)(4) and (a)(5) shall not apply to or affect any
person or entity in compliance with the national firearms act, 26 U.S.C. §
5801 et seq.
(i) (1) Subsection (a)(4) shall not apply to or affect any person in
possession of a device or attachment designed, used or intended for use in
suppressing the report of any firearm, if such device or attachment satisfies
the description of a Kansas-made firearm accessory as set forth in K.S.A.
2022 Supp. 50-1204, and amendments thereto.
(2) The provisions of this subsection shall apply to any violation of
subsection (a)(4) that occurred on or after April 25, 2013.
(j) Subsection (a)(11) shall not apply to:
(1) Possession of any firearm in connection with a firearms safety
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course of instruction or firearms education course approved and authorized
by the school;
(2) possession of any firearm specifically authorized in writing by the
superintendent of any unified school district or the chief administrator of
any accredited nonpublic school;
(3) possession of a firearm secured in a motor vehicle by a parent,
guardian, custodian or someone authorized to act in such person's behalf
who is delivering or collecting a student;
(4) possession of a firearm secured in a motor vehicle by a registered
voter who is on the school grounds, which contain a polling place for the
purpose of voting during polling hours on an election day; or
(5) possession of a concealed handgun by an individual who is not
prohibited from possessing a firearm under either federal or state law, and
who is either: (A) 21 years of age or older; or (B) possesses a valid
provisional license issued pursuant to K.S.A. 75-7c03, and amendments
thereto, or a valid license to carry a concealed handgun issued by another
jurisdiction that is recognized in this state pursuant to K.S.A. 75-7c03, and
amendments thereto.
(k) Subsections (a)(9) and (a)(13) shall not apply to a person who has
received a certificate of restoration pursuant to K.S.A. 75-7c26, and
amendments thereto.
(l) Subsection (a)(14) shall not apply if such person, less than 18
years of age, was:
(1) In attendance at a hunter's safety course or a firearms safety
course;
(2) engaging in practice in the use of such firearm or target shooting
at an established range authorized by the governing body of the
jurisdiction in which such range is located, or at another private range with
permission of such person's parent or legal guardian;
(3) engaging in an organized competition involving the use of such
firearm, or participating in or practicing for a performance by an
organization exempt from federal income tax pursuant to section 501(c)(3)
of the internal revenue code of 1986 which uses firearms as a part of such
performance;
(4) hunting or trapping pursuant to a valid license issued to such
person pursuant to article 9 of chapter 32 of the Kansas Statutes
Annotated, and amendments thereto;
(5) traveling with any such firearm in such person's possession being
unloaded to or from any activity described in subsections (l)(1) through (l)
(4), only if such firearm is secured, unloaded and outside the immediate
access of such person;
(6) on real property under the control of such person's parent, legal
guardian or grandparent and who has the permission of such parent, legal
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guardian or grandparent to possess such firearm; or
(7) at such person's residence and who, with the permission of such
person's parent or legal guardian, possesses such firearm for the purpose of
exercising the rights contained in K.S.A. 2022 Supp. 21-5222, 21-5223 or
21-5225, and amendments thereto.
(m) As used in this section:
(1) "Domestic violence" means the use or attempted use of physical
force, or the threatened use of a deadly weapon, committed against a
person with whom the offender is involved or has been involved in a
dating relationship or is a family or household member.
(2) "Fugitive from justice" means any person having knowledge that
a warrant for the commission of a felony has been issued for the
apprehension of such person under K.S.A. 22-2713, and amendments
thereto.
(3) "Intimate partner" means, with respect to a person, the spouse of
the person, a former spouse of the person, an individual who is a parent of
a child of the person or an individual who cohabitates or has cohabitated
with the person.
(4) "Throwing star" means any instrument, without handles,
consisting of a metal plate having three or more radiating points with one
or more sharp edges and designed in the shape of a polygon, trefoil, cross,
star, diamond or other geometric shape, manufactured for use as a weapon
for throwing.
Sec. 2. K.S.A. 2022 Supp. 21-6804 is hereby amended to read as
follows: 21-6804. (a) The provisions of this section shall be applicable to
the sentencing guidelines grid for nondrug crimes. The following
sentencing guidelines grid shall be applicable to nondrug felony crimes:
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(b) Sentences expressed in the sentencing guidelines grid for nondrug
crimes represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime
severity and criminal history classification tool. The grid's vertical axis is
the crime severity scale which classifies current crimes of conviction. The
grid's horizontal axis is the criminal history scale which classifies criminal
histories.
(d) The sentencing guidelines grid for nondrug crimes as provided in
this section defines presumptive punishments for felony convictions,
subject to the sentencing court's discretion to enter a departure sentence.
The appropriate punishment for a felony conviction should depend on the
severity of the crime of conviction when compared to all other crimes and
the offender's criminal history.
(e) (1) The sentencing court has discretion to sentence at any place
within the sentencing range. In the usual case it is recommended that the
sentencing judge select the center of the range and reserve the upper and
lower limits for aggravating and mitigating factors insufficient to warrant a
departure.
(2) In presumptive imprisonment cases, the sentencing court shall
pronounce the complete sentence which shall include the:
(A) Prison sentence;
(B) maximum potential reduction to such sentence as a result of good
time; and
(C) period of postrelease supervision at the sentencing hearing.
Failure to pronounce the period of postrelease supervision shall not negate
the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall
pronounce the:
(A) Prison sentence; and
(B) duration of the nonprison sanction at the sentencing hearing.
(f) Each grid block states the presumptive sentencing range for an
offender whose crime of conviction and criminal history place such
offender in that grid block. If an offense is classified in a grid block below
the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the
dispositional line, the presumptive disposition shall be imprisonment. If an
offense is classified in grid blocks 5-H, 5-I or 6-G, the court may impose
an optional nonprison sentence as provided in subsection (q).
(g) The sentence for a violation of K.S.A. 21-3415, prior to its repeal,
aggravated battery against a law enforcement officer committed prior to
July 1, 2006, or a violation of K.S.A. 2022 Supp. 21-5412(d), and
amendments thereto, aggravated assault against a law enforcement officer,
which places the defendant's sentence in grid block 6-H or 6-I shall be
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presumed imprisonment. The court may impose an optional nonprison
sentence as provided in subsection (q).
(h) When a firearm is used to commit any person felony, the
offender's sentence shall be presumed imprisonment. The court may
impose an optional nonprison sentence as provided in subsection (q).
(i) (1) The sentence for the violation of the felony provision of K.S.A.
2022 Supp. 21-5414(b)(3)(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and
21-6416, and amendments thereto, shall be as provided by the specific
mandatory sentencing requirements of that section and shall not be subject
to the provisions of this section or K.S.A. 2022 Supp. 21-6807, and
amendments thereto.
(2) If because of the offender's criminal history classification the
offender is subject to presumptive imprisonment or if the judge departs
from a presumptive probation sentence and the offender is subject to
imprisonment, the provisions of this section and K.S.A. 2022 Supp. 21-
6807, and amendments thereto, shall apply and the offender shall not be
subject to the mandatory sentence as provided in K.S.A. 2022 Supp. 21-
5823, and amendments thereto.
(3) Notwithstanding the provisions of any other section, the term of
imprisonment imposed for the violation of the felony provision of K.S.A.
2022 Supp. 21-5414(b)(3)(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and
21-6416, and amendments thereto, shall not be served in a state facility in
the custody of the secretary of corrections. Prior to imposing any sentence
pursuant to this subsection, the court may consider assigning the defendant
to a house arrest program pursuant to K.S.A. 2022 Supp. 21-6609, and
amendments thereto.
(j) (1) The sentence for any persistent sex offender whose current
convicted crime carries a presumptive term of imprisonment shall be
double the maximum duration of the presumptive imprisonment term. The
sentence for any persistent sex offender whose current conviction carries a
presumptive nonprison term shall be presumed imprisonment and shall be
double the maximum duration of the presumptive imprisonment term.
(2) Except as otherwise provided in this subsection, as used in this
subsection, "persistent sex offender" means a person who:
(A) (i) Has been convicted in this state of a sexually violent crime, as
defined in K.S.A. 22-3717, and amendments thereto; and
(ii) at the time of the conviction under subsection (j)(2)(A)(i) has at
least one conviction for a sexually violent crime, as defined in K.S.A. 22-
3717, and amendments thereto, in this state or comparable felony under
the laws of another state, the federal government or a foreign government;
or
(B) (i) has been convicted of rape, as defined in K.S.A. 21-3502,
prior to its repeal, or K.S.A. 2022 Supp. 21-5503, and amendments
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thereto; and
(ii) at the time of the conviction under subsection (j)(2)(B)(i) has at
least one conviction for rape in this state or comparable felony under the
laws of another state, the federal government or a foreign government.
(3) Except as provided in subsection (j)(2)(B), the provisions of this
subsection shall not apply to any person whose current convicted crime is
a severity level 1 or 2 felony.
(k) (1) If it is shown at sentencing that the offender committed any
felony violation for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further or
assist in any criminal conduct by gang members, the offender's sentence
shall be presumed imprisonment. The court may impose an optional
nonprison sentence as provided in subsection (q).
(2) As used in this subsection, "criminal street gang" means any
organization, association or group of three or more persons, whether
formal or informal, having as one of its primary activities:
(A) The commission of one or more person felonies; or
(B) the commission of felony violations of article 57 of chapter 21 of
the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010
Supp. 21-36a01 through 21-36a17, prior to their transfer, or any felony
violation of any provision of the uniform controlled substances act prior to
July 1, 2009; and
(C) its members have a common name or common identifying sign or
symbol; and
(D) its members, individually or collectively, engage in or have
engaged in the commission, attempted commission, conspiracy to commit
or solicitation of two or more person felonies or felony violations of article
57 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their
transfer, any felony violation of any provision of the uniform controlled
substances act prior to July 1, 2009, or any substantially similar offense
from another jurisdiction.
(l) Except as provided in subsection (o), the sentence for a violation
of K.S.A. 2022 Supp. 21-5807(a)(1), and amendments thereto, or any
attempt or conspiracy, as defined in K.S.A. 2022 Supp. 21-5301 and 21-
5302, and amendments thereto, to commit such offense, when such person
being sentenced has a prior conviction for a violation of K.S.A. 21-3715(a)
or (b), prior to its repeal, 21-3716, prior to its repeal, K.S.A. 2022 Supp.
21-5807(a)(1) or (a)(2) or 21-5807(b), and amendments thereto, or any
attempt or conspiracy to commit such offense, shall be presumptive
imprisonment.
(m) The sentence for a violation of K.S.A. 22-4903 or K.S.A. 2022
Supp. 21-5913(a)(2), and amendments thereto, shall be presumptive
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imprisonment. If an offense under such sections is classified in grid blocks
5-E, 5-F, 5-G, 5-H or 5-I, the court may impose an optional nonprison
sentence as provided in subsection (q).
(n) The sentence for a violation of criminal deprivation of property, as
defined in K.S.A. 2022 Supp. 21-5803, and amendments thereto, when
such property is a motor vehicle, and when such person being sentenced
has any combination of two or more prior convictions of K.S.A. 21-
3705(b), prior to its repeal, or of criminal deprivation of property, as
defined in K.S.A. 2022 Supp. 21-5803, and amendments thereto, when
such property is a motor vehicle, shall be presumptive imprisonment. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
(o) The sentence for a felony violation of theft of property as defined
in K.S.A. 2022 Supp. 21-5801, and amendments thereto, or burglary as
defined in K.S.A. 2022 Supp. 21-5807(a), and amendments thereto, when
such person being sentenced has no prior convictions for a violation of
K.S.A. 21-3701 or 21-3715, prior to their repeal, or theft of property as
defined in K.S.A. 2022 Supp. 21-5801, and amendments thereto, or
burglary as defined in K.S.A. 2022 Supp. 21-5807(a), and amendments
thereto; or the sentence for a felony violation of theft of property as
defined in K.S.A. 2022 Supp. 21-5801, and amendments thereto, when
such person being sentenced has one or two prior felony convictions for a
violation of K.S.A. 21-3701, 21-3715 or 21-3716, prior to their repeal, or
theft of property as defined in K.S.A. 2022 Supp. 21-5801, and
amendments thereto, or burglary or aggravated burglary as defined in
K.S.A. 2022 Supp. 21-5807, and amendments thereto; or the sentence for a
felony violation of burglary as defined in K.S.A. 2022 Supp. 21-5807(a),
and amendments thereto, when such person being sentenced has one prior
felony conviction for a violation of K.S.A. 21-3701, 21-3715 or 21-3716,
prior to their repeal, or theft of property as defined in K.S.A. 2022 Supp.
21-5801, and amendments thereto, or burglary or aggravated burglary as
defined in K.S.A. 2022 Supp. 21-5807, and amendments thereto, shall be
the sentence as provided by this section, except that the court may order an
optional nonprison sentence for a defendant to participate in a drug
treatment program, including, but not limited to, an approved aftercare
plan, if the court makes the following findings on the record:
(1) Substance abuse was an underlying factor in the commission of
the crime;
(2) substance abuse treatment in the community is likely to be more
effective than a prison term in reducing the risk of offender recidivism;
and
(3) participation in an intensive substance abuse treatment program
will serve community safety interests.
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A defendant sentenced to an optional nonprison sentence under this
subsection shall be supervised by community correctional services. The
provisions of K.S.A. 2022 Supp. 21-6824(f)(1), and amendments thereto,
shall apply to a defendant sentenced under this subsection. The sentence
under this subsection shall not be considered a departure and shall not be
subject to appeal.
(p) The sentence for a felony violation of theft of property as defined
in K.S.A. 2022 Supp. 21-5801, and amendments thereto, when such
person being sentenced has any combination of three or more prior felony
convictions for violations of K.S.A. 21-3701, 21-3715 or 21-3716, prior to
their repeal, or theft of property as defined in K.S.A. 2022 Supp. 21-5801,
and amendments thereto, or burglary or aggravated burglary as defined in
K.S.A. 2022 Supp. 21-5807, and amendments thereto; or the sentence for a
violation of burglary as defined in K.S.A. 2022 Supp. 21-5807(a), and
amendments thereto, when such person being sentenced has any
combination of two or more prior convictions for violations of K.S.A. 21-
3701, 21-3715 and 21-3716, prior to their repeal, or theft of property as
defined in K.S.A. 2022 Supp. 21-5801, and amendments thereto, or
burglary or aggravated burglary as defined in K.S.A. 2022 Supp. 21-5807,
and amendments thereto, shall be presumed imprisonment and the
defendant shall be sentenced to prison as provided by this section, except
that the court may recommend that an offender be placed in the custody of
the secretary of corrections, in a facility designated by the secretary to
participate in an intensive substance abuse treatment program, upon
making the following findings on the record:
(1) Substance abuse was an underlying factor in the commission of
the crime;
(2) substance abuse treatment with a possibility of an early release
from imprisonment is likely to be more effective than a prison term in
reducing the risk of offender recidivism; and
(3) participation in an intensive substance abuse treatment program
with the possibility of an early release from imprisonment will serve
community safety interests by promoting offender reformation.
The intensive substance abuse treatment program shall be determined
by the secretary of corrections, but shall be for a period of at least four
months. Upon the successful completion of such intensive treatment
program, the offender shall be returned to the court and the court may
modify the sentence by directing that a less severe penalty be imposed in
lieu of that originally adjudged within statutory limits. If the offender's
term of imprisonment expires, the offender shall be placed under the
applicable period of postrelease supervision. The sentence under this
subsection shall not be considered a departure and shall not be subject to
appeal.
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(q) As used in this section, an "optional nonprison sentence" is a
sentence which the court may impose, in lieu of the presumptive sentence,
upon making the following findings on the record:
(1) An appropriate treatment program exists which is likely to be
more effective than the presumptive prison term in reducing the risk of
offender recidivism; and
(2) the recommended treatment program is available and the offender
can be admitted to such program within a reasonable period of time; or
(3) the nonprison sanction will serve community safety interests by
promoting offender reformation.
Any decision made by the court regarding the imposition of an optional
nonprison sentence shall not be considered a departure and shall not be
subject to appeal.
(r) The sentence for a violation of K.S.A. 2022 Supp. 21-5413(c)(2),
and amendments thereto, shall be presumptive imprisonment and shall be
served consecutively to any other term or terms of imprisonment imposed.
Such sentence shall not be considered a departure and shall not be subject
to appeal.
(s) The sentence for a violation of K.S.A. 2022 Supp. 21-5512, and
amendments thereto, shall be presumptive imprisonment. Such sentence
shall not be considered a departure and shall not be subject to appeal.
(t) (1) If the trier of fact makes a finding beyond a reasonable doubt
that an offender wore or used ballistic resistant material in the commission
of, or attempt to commit, or flight from any felony, in addition to the
sentence imposed pursuant to the Kansas sentencing guidelines act, the
offender shall be sentenced to an additional 30 months' imprisonment.
(2) The sentence imposed pursuant to subsection (t)(1) paragraph (1)
shall be presumptive imprisonment and shall be served consecutively to
any other term or terms of imprisonment imposed. Such sentence shall not
be considered a departure and shall not be subject to appeal.
(3) As used in this subsection, "ballistic resistant material" means:
(A) Any commercially produced material designed with the purpose
of providing ballistic and trauma protection, including, but not limited to,
bulletproof vests and kevlar vests; and
(B) any homemade or fabricated substance or item designed with the
purpose of providing ballistic and trauma protection.
(u) The sentence for a violation of K.S.A. 2022 Supp. 21-6107, and
amendments thereto, or any attempt or conspiracy, as defined in K.S.A.
2022 Supp. 21-5301 and 21-5302, and amendments thereto, to commit
such offense, when such person being sentenced has a prior conviction for
a violation of K.S.A. 21-4018, prior to its repeal, or K.S.A. 2022 Supp. 21-
6107, and amendments thereto, or any attempt or conspiracy to commit
such offense, shall be presumptive imprisonment. Such sentence shall not
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be considered a departure and shall not be subject to appeal.
(v) The sentence for a third or subsequent violation of K.S.A. 8-1568,
and amendments thereto, shall be presumptive imprisonment and shall be
served consecutively to any other term or terms of imprisonment imposed.
Such sentence shall not be considered a departure and shall not be subject
to appeal.
(w) The sentence for aggravated criminal damage to property as
defined in K.S.A. 2022 Supp. 21-5813(b), and amendments thereto, when
such person being sentenced has a prior conviction for any nonperson
felony shall be presumptive imprisonment. Such sentence shall not be
considered a departure and shall not be subject to appeal.
(x) The sentence for a violation of K.S.A. 2022 Supp. 21-5807(a)(1),
and amendments thereto, shall be presumptive imprisonment if the offense
under such paragraph is classified in grid blocks 7-C, 7-D or 7-E. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
(y) (1) Except as provided in subsection (y)(3) paragraph (3), if the
trier of fact makes a finding beyond a reasonable doubt that an offender
committed a nondrug felony offense, or any attempt or conspiracy, as
defined in K.S.A. 2022 Supp. 21-5301 and 21-5302, and amendments
thereto, to commit a nondrug felony offense, against a law enforcement
officer, as defined in K.S.A. 2022 Supp. 21-5111(p)(1) and (3), and
amendments thereto, while such officer was engaged in the performance of
such officer's duty, or in whole or in any part because of such officer's
status as a law enforcement officer, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in subsection (y)(1)(B)(ii) clause (ii), imprisonment for
life, and such offender shall not be eligible for probation or suspension,
modification or reduction of sentence. In addition, such offender shall not
be eligible for parole prior to serving 25 years' imprisonment, and such 25
years' imprisonment shall not be reduced by the application of good time
credits. No other sentence shall be permitted.
(ii) The provisions of subsection (y)(1)(B)(i) clause (i) requiring the
court to impose a mandatory minimum term of imprisonment of 25 years
shall not apply if the court finds the offender, because of the offender's
criminal history classification, is subject to presumptive imprisonment and
the sentencing range exceeds 300 months. In such case, the offender is
required to serve a mandatory minimum term equal to the sentence
established pursuant to the sentencing range.
(2) The sentence imposed pursuant to subsection (y)(1) paragraph
(1) shall not be considered a departure and shall not be subject to appeal.
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(3) The provisions of this subsection shall not apply to an offense
described in subsection (y)(1) paragraph (1) if the factual aspect
concerning a law enforcement officer is a statutory element of such
offense.
(z) The sentence for a violation of K.S.A. 2022 Supp. 21-6301(a)(19),
and amendments thereto, shall be presumptive imprisonment and shall be
served consecutively to any other term or terms of imprisonment imposed.
Such sentence shall not be considered a departure and shall not be subject
to appeal.
Sec. 3. K.S.A. 2022 Supp. 21-6301 and 21-6804 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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