| 8 | | - | Section 1. K.S.A. 21-5705 is hereby amended to read as follows: |
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| 9 | | - | 21-5705. (a) It shall be unlawful for any person to distribute or possess |
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| 10 | | - | with the intent to distribute any of the following controlled substances |
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| 11 | | - | or controlled substance analogs thereof: |
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| 12 | | - | (1) Opiates, opium or narcotic drugs, or any stimulant designated |
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| 13 | | - | in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107(d)(1), (d)(3) or |
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| 14 | | - | (f)(1), and amendments thereto; |
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| 15 | | - | (2) any depressant designated in subsection (e) of K.S.A. 65- |
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| 16 | | - | 4105(e), subsection (e) of K.S.A. 65-4107(e), subsection (b) or (c) of |
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| 17 | | - | K.S.A. 65-4109(b) or (c) or subsection (b) of K.S.A. 65-4111(b), and |
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| 18 | | - | amendments thereto; |
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| 19 | | - | (3) any stimulant designated in subsection (f) of K.S.A. 65- |
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| 20 | | - | 4105(f), subsection (d)(2), (d)(4), (d)(5) or (f)(2) of K.S.A. 65-4107(d) |
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| 21 | | - | (2), (d)(4), (d)(5) or (f)(2) or subsection (e) of K.S.A. 65-4109(e), and |
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| 22 | | - | amendments thereto; |
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| 23 | | - | (4) any hallucinogenic drug designated in subsection (d) of K.S.A. |
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| 24 | | - | 65-4105(d), subsection (g) of K.S.A. 65-4107(g) or subsection (g) of |
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| 25 | | - | K.S.A. 65-4109(g), and amendments thereto; |
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| 26 | | - | (5) any substance designated in subsection (g) of K.S.A. 65- |
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| 27 | | - | 4105(g) and subsection (c), (d), (e), (f) or (g) of K.S.A. or 65-4111(c), |
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| 28 | | - | (d), (e), (f) or (g), and amendments thereto; |
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| 29 | | - | (6) any anabolic steroids as defined in subsection (f) of K.S.A. 65- |
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| 30 | | - | 4109(f), and amendments thereto; or |
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| 31 | | - | (7) any substance designated in subsection (h) of K.S.A. 65- |
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| 32 | | - | 4105(h), and amendments thereto. |
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| 33 | | - | (b) It shall be unlawful for any person to distribute or possess with |
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| 34 | | - | the intent to distribute a controlled substance or a controlled substance |
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| 35 | | - | analog designated in K.S.A. 65-4113, and amendments thereto. |
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| 36 | | - | (c) It shall be unlawful for any person to cultivate any controlled |
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| 37 | | - | substance or controlled substance analog listed in subsection (a). |
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| 38 | | - | (d) (1) Except as provided further, violation of subsection (a) is a: |
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| 39 | | - | (A) Drug severity level 4 felony if the quantity of the material was |
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| 40 | | - | less than 3.5 grams; |
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| 41 | | - | (B) drug severity level 3 felony if the quantity of the material was |
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| 42 | | - | at least 3.5 grams but less than 100 grams; |
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| 43 | | - | (C) drug severity level 2 felony if the quantity of the material was |
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| 44 | | - | at least 100 grams but less than 1 kilogram; and |
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| 45 | | - | (D) drug severity level 1 felony if the quantity of the material was |
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| 46 | | - | 1 kilogram or more. |
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| 47 | | - | (2) Violation of subsection (a) with respect to material containing |
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| 48 | | - | any quantity of marijuana, or an analog thereof, is a: |
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| 49 | | - | (A) Drug severity level 4 felony if the quantity of the material was |
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| 50 | | - | less than 25 grams; |
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| 51 | | - | (B) drug severity level 3 felony if the quantity of the material was |
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| 52 | | - | at least 25 grams but less than 450 grams; |
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| 53 | | - | (C) drug severity level 2 felony if the quantity of the material was |
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| 54 | | - | at least 450 grams but less than 30 kilograms; and |
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| 55 | | - | (D) drug severity level 1 felony if the quantity of the material was |
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| 56 | | - | 30 kilograms or more. |
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| 57 | | - | (3) Violation of subsection (a) with respect to material containing |
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| 58 | | - | any quantity of heroin, as defined by subsection (c)(1) of K.S.A. 65- |
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| 59 | | - | 4105(c)(12), and amendments thereto, or methamphetamine, as defined |
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| 60 | | - | by subsection (d)(3) or (f)(1) of K.S.A. 65-4107(d)(3) or (f)(1), and |
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| 61 | | - | amendments thereto, or an analog thereof, is a: House Substitute for SENATE BILL No. 318—page 2 |
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| 62 | | - | (A) Drug severity level 4 felony if the quantity of the material was |
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| 63 | | - | less than 1 gram; |
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| 64 | | - | (B) drug severity level 3 felony if the quantity of the material was |
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| 65 | | - | at least 1 gram but less than 3.5 grams; |
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| 66 | | - | (C) drug severity level 2 felony if the quantity of the material was |
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| 67 | | - | at least 3.5 grams but less than 100 grams; and |
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| 68 | | - | (D) drug severity level 1 felony if the quantity of the material was |
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| 69 | | - | 100 grams or more. |
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| 70 | | - | (4) Violation of subsection (a) with respect to material containing |
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| 71 | | - | any quantity of a controlled substance designated in K.S.A. 65-4105, |
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| 72 | | - | 65-4107, 65-4109 or 65-4111, and amendments thereto, or an analog |
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| 73 | | - | thereof, distributed by dosage unit, is a: |
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| 74 | | - | (A) Drug severity level 4 felony if the number of dosage units was |
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| 75 | | - | fewer than 10; |
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| 76 | | - | (B) drug severity level 3 felony if the number of dosage units was |
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| 77 | | - | at least 10 but less than 100; |
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| 78 | | - | (C) drug severity level 2 felony if the number of dosage units was |
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| 79 | | - | at least 100 but less than 1,000; and |
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| 80 | | - | (D) drug severity level 1 felony if the number of dosage units was |
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| 81 | | - | 1,000 or more. |
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| 82 | | - | (5) For any violation of subsection (a), the severity level of the |
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| 83 | | - | offense shall be increased one level if the controlled substance or |
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| 84 | | - | controlled substance analog was distributed or possessed with the intent |
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| 85 | | - | to distribute on or within 1,000 feet of any school property. |
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| 86 | | - | (6) Violation of subsection (b) is a: |
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| 87 | | - | (A) Class A person misdemeanor, except as provided in subsection |
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| 88 | | - | (d)(6)(B); and |
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| 89 | | - | (B) nondrug severity level 7, person felony if the substance was |
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| 90 | | - | distributed to or possessed with the intent to distribute to a minor. |
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| 91 | | - | (7) Violation of subsection (c) is a: |
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| 92 | | - | (A) Drug severity level 3 felony if the number of plants cultivated |
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| 93 | | - | was more than 4 but fewer than 50; |
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| 94 | | - | (B) drug severity level 2 felony if the number of plants cultivated |
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| 95 | | - | was at least 50 but fewer than 100; and |
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| 96 | | - | (C) drug severity level 1 felony if the number of plants cultivated |
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| 97 | | - | was 100 or more. |
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| 98 | | - | (e) In any prosecution under this section, there shall be a |
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| 99 | | - | rebuttable presumption an inference of an intent to distribute if any |
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| 100 | | - | such an inference is supported by the facts and such person possesses |
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| 101 | | - | the following quantities of controlled substances or analogs thereof: |
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| 102 | | - | (1) 450 grams or more of marijuana; |
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| 103 | | - | (2) 3.5 grams or more of heroin or methamphetamine; |
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| 104 | | - | (3) 100 dosage units or more containing a controlled substance; or |
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| 105 | | - | (4) 100 grams or more of any other controlled substance. |
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| 106 | | - | (f) It shall not be a defense to charges arising under this section |
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| 107 | | - | that the defendant: |
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| 108 | | - | (1) Was acting in an agency relationship on behalf of any other |
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| 109 | | - | party in a transaction involving a controlled substance or controlled |
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| 110 | | - | substance analog; |
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| 111 | | - | (2) did not know the quantity of the controlled substance or |
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| 112 | | - | controlled substance analog; or |
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| 113 | | - | (3) did not know the specific controlled substance or controlled |
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| 114 | | - | substance analog contained in the material that was distributed or |
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| 115 | | - | possessed with the intent to distribute. |
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| 116 | | - | (g) As used in this section: |
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| 117 | | - | (1) "Material" means the total amount of any substance, including |
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| 118 | | - | a compound or a mixture, which contains any quantity of a controlled |
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| 119 | | - | substance or controlled substance analog. |
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| 120 | | - | (2) "Dosage unit" means a controlled substance or controlled House Substitute for SENATE BILL No. 318—page 3 |
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| 121 | | - | substance analog distributed or possessed with the intent to distribute as |
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| 122 | | - | a discrete unit, including but not limited to, one pill, one capsule or one |
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| 123 | | - | microdot, and not distributed by weight. |
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| 124 | | - | (A) For steroids, or controlled substances in liquid solution legally |
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| 125 | | - | manufactured for prescription use, or an analog thereof, "dosage unit" |
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| 126 | | - | means the smallest medically approved dosage unit, as determined by |
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| 127 | | - | the label, materials provided by the manufacturer, a prescribing |
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| 128 | | - | authority, licensed health care professional or other qualified health |
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| 129 | | - | authority. |
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| 130 | | - | (B) For illegally manufactured controlled substances in liquid |
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| 131 | | - | solution, or controlled substances in liquid products not intended for |
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| 132 | | - | ingestion by human beings, or an analog thereof, "dosage unit" means |
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| 133 | | - | 10 milligrams, including the liquid carrier medium, except as provided |
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| 134 | | - | in subsection (g)(2)(C). |
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| 135 | | - | (C) For lysergic acid diethylamide (LSD) in liquid form, or an |
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| 136 | | - | analog thereof, a dosage unit is defined as 0.4 milligrams, including the |
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| 137 | | - | liquid medium. |
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| 138 | | - | Sec. 2. K.S.A. 60-416 is hereby amended to read as follows: 60- |
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| 139 | | - | 416. (a) A presumption, which by a rule of law may be overcome only |
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| 140 | | - | by proof beyond a reasonable doubt, or by clear and convincing |
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| 141 | | - | evidence, shall not be affected by K.S.A. 60-414 or 60-415, and |
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| 142 | | - | amendments thereto, and the burden of proof to overcome it continues |
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| 143 | | - | on the party against whom the presumption operates. |
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| 144 | | - | (b) (1) In a criminal case, any presumption or inference against |
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| 145 | | - | the defendant created by statute or common law, including, but not |
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| 146 | | - | limited to, a presumption or inference that certain facts are prima facie |
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| 147 | | - | evidence of another fact or of guilt, is permissive. The trier of fact may |
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| 148 | | - | accept or reject the presumption or inference in each case, and the |
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| 149 | | - | judge shall not direct the jury to find a fact against the defendant. The |
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| 150 | | - | judge may instruct the jury on the presumption or inference only if the |
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| 151 | | - | presumption or inference is supported by the facts. |
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| 152 | | - | (2) When the judge instructs the jury on a presumption or |
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| 153 | | - | inference against the defendant, the judge shall instruct the jury that: |
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| 154 | | - | (A) The jury may consider the presumption or inference along |
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| 155 | | - | with all other evidence in the case; |
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| 156 | | - | (B) the jury may accept or reject the presumption or inference in |
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| 157 | | - | determining whether the prosecution has met the burden of proof; and |
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| 158 | | - | (C) the burden of proof never shifts to the defendant. |
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| 159 | | - | Sec. 3. K.S.A. 21-5705 and 60-416 are hereby repealed. House Substitute for SENATE BILL No. 318—page 4 |
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| 160 | | - | Sec. 4. This act shall take effect and be in force from and after its |
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| 12 | + | Section 1. K.S.A. 12-4517 is hereby amended to read as follows: 12- |
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| 13 | + | 4517. (a) (1) Except as provided further, the municipal court judge shall |
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| 14 | + | ensure that all persons convicted of violating municipal ordinance |
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| 15 | + | provisions that prohibit conduct comparable to a class A or B misdemeanor |
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| 16 | + | or assault as defined in K.S.A. 2022 Supp. 21-5412(a), and amendments |
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| 17 | + | thereto, under a Kansas criminal statute are fingerprinted and processed. |
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| 18 | + | The provisions of this section shall not apply to persons convicted of |
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| 19 | + | violating municipal ordinance provisions that prohibit the acts prohibited |
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| 20 | + | by K.S.A. 8-142, 8-235 or 40-3104, and amendments thereto. |
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| 21 | + | (2) The municipal court judge shall ensure that all persons arrested or |
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| 22 | + | charged with a violation of a city ordinance prohibiting the acts prohibited |
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| 23 | + | by K.S.A. 8-2,144 or 8-1567, and amendments thereto, are fingerprinted |
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| 24 | + | and processed at the time of booking or first appearance, whichever occurs |
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| 25 | + | first. |
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| 26 | + | (b) The municipal court judge shall order the individual to be |
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| 27 | + | fingerprinted at an appropriate location as determined by the municipal |
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| 28 | + | court judge. Failure of the person to be fingerprinted after court order |
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| 29 | + | issued by the municipal judge shall constitute contempt of court. To |
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| 30 | + | reimburse the city or other entity for costs associated with fingerprinting, |
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| 31 | + | the municipal court judge may assess reasonable court costs, in addition to |
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| 32 | + | other court costs imposed by the state or municipality. |
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| 33 | + | Sec. 2. K.S.A. 12-4517 is hereby repealed. |
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| 34 | + | Sec. 3. This act shall take effect and be in force from and after its |
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